Can You Apply for a Green Card Next Month? Check the June 2021 Visa Bulletin
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for June 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for June 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in June. USCIS has not yet indicated whether the Dates for Filing or Final Action Dates chart may be used for applicants next month.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the May 2021 Visa Bulletin
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for May 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for May 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in May. USCIS has stated that the Dates for Filing chart may be used for all family-sponsored applicants, except that F2A applicants may file using the Final Action Dates chart. All employment-based adjustment applicants must use the Final Action Dates chart.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Pitfalls When Sponsoring a Parent for a Green Card, Updated
Are you looking to sponsor a parent for a green card? The process can be trickier than you think.
Editor’s Note: this post was originally published in April, 2019 and has been completely updated for accuracy and comprehensiveness.
Are you looking to sponsor a parent for a green card? The process can be trickier than you think.
In addition to all of the possible issues that can come up when sponsoring any relative for a green card (see our blog post “Why you need a lawyer for your marriage-based green card case” dated May 24th, 2018), there are a number of things to watch out for when sponsoring a parent specifically.
1. You must be a U.S. citizen to sponsor a parent for a green card.
A common misconception is that a lawful permanent resident can sponsor a parent for a green card. That is not the case. You must first obtain U.S. citizenship in order to sponsor your parent.
2. A lawful entry to the U.S. is generally required for someone residing in the U.S. to be eligible to obtain a green card.
Commonly a parent of a U.S. citizen entered the U.S. many years ago, without a visa. In this scenario, that parent is not eligible for a green card through sponsorship by a U.S. citizen child, unless they can prove substantial hardship to a qualifying U.S. citizen or permanent resident relative. Because a child is not considered a qualifying relative, this is impossible in many cases.
If this is true for your parent, then there may be another way for them to get their green card.
3. If your parent entered the U.S. lawfully as a visitor, but has only been here a short time, their intent at entry will be scrutinized.
Entering the U.S. with a visitor’s visa with the intent to remain permanently can be considered visa fraud. In this internet age, the U.S. government has access to more information than ever about a green card applicant, including social media accounts. It is important to consult an experienced immigration attorney to ensure that there is no indication of a misrepresentation at the time of entry.
4. Immigration officers now have more discretion in deciding whether to approve a green card application, and are directed to consider all possible factors including prior immigration violations, history of education and employment in the US, and current US investment or property ownership.
This may make the process more challenging for an elderly parent of a US citizen who has possibly overstayed a visa in the US and has never worked or owned property in the US.
How can Hurtubise Weber Law help? We have extensive experience representing U.S. citizens who sponsor their parents for green cards.
Contact us for a free 15 minute phone call to learn more about the process: theteam@huwelaw.com or 415-496-9040.
Green Card Public Charge Wealth Test Eliminated
We are writing with positive news for adjustment of status green card applicants - the public charge "wealth test" is no longer required as part of the green card process!
We are writing with positive news for adjustment of status green card applicants - the public charge "wealth test" is no longer required as part of the green card process!
The wealth test required USCIS officers to apply a totality of circumstances analysis to determine whether an applicant would be likely to become a public charge in the future. They were directed to review factors such as the applicant's age, health, family status, education and skills, and assets, resources, and financial status. You can find out more about the now defunct rule on our post from September 5, 2019 here: Defunct Rule: Green Card Public Charge Rule.
This totality of circumstances analysis is no longer required. Moving forward, officers are directed to apply the old public charge analysis that was created in year 1999. The old analysis focuses heavily on whether the green card applicant has a valid sponsor, and only allows for minimal discretion by the adjudicating officer.
To learn more and get help with your green card application, please contact us at 415-413-8760 or theteam@huwelaw.com.
Can You Apply for a Green Card Next Month? Check the March 2021 Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for March 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for March 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in March. USCIS has stated that the Dates for Filing chart may be used for all family-sponsored applicants, except that F2A applicants may file using the Final Action Dates chart. All employment-based adjustment applicants must use the Final Action Dates chart.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-548-7067 today.
A Pathway to Citizenship for Dreamers?
Deferred Action for Childhood Arrivals, or DACA, is a means of getting employment authorization for many in your situation. However, it is not a pathway to permanent residency (a "green card") or US citizenship.
Are you an undocumented "Dreamer" who was brought into the US as a child?
Deferred Action for Childhood Arrivals, or DACA, is a means of getting employment authorization for many in your situation. However, it is not a pathway to permanent residency (a "green card") or US citizenship. Currently there is no such pathway, independent of potential sponsorship by an immediate relative. The Dream Act of 2021 is meant to change that.
Last Thursday, February 4th, Senators Dick Durbin, D-Ill., and Lindsey Graham, R-S.C. introduced this bill in the US Senate. Similar legislation was first introduced in 2001. If passed into law, the bill would give some young, undocumented immigrants brought to the U.S. as children, assuming that they are able to pass certain background checks and are paying their taxes, a pathway to a green card and US citizenship.
It may be a while before we know whether the Dream Act of 2021 will become law. In the meantime, contact us at theteam@huwelaw.com or 415-496-9040 to see if you qualify for DACA or a green card through sponsorship by an immediate relative. We specialize in this area and would be happy to provide a free 15 minute consultation to see if we can help!
Can You Apply for a Green Card Next Month? Check the February 2021 Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
Check the February 2021 Visa Bulletin. Good news: The F2A category for the spouses and children of permanent residents will remain current.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for February 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in February. USCIS has stated that the Dates for Filing chart may be used for all family-sponsored applicants, except that F2A applicants may file using the Final Action Dates chart. All employment-based adjustment applicants must use the Final Action Dates chart.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the January 2021 Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for January 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for January 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in January. USCIS has stated that the Dates for Filing chart may be used for all family-sponsored applicants, except that F2A applicants may file using the Final Action Dates chart. All employment-based adjustment applicants must use the Final Action Dates chart.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the November Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for November 2020 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for November 2020 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in November.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the October Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for October 2020 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for October 2020 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in October.
More good news: Final action dates for employment-based 1st, 2nd, 3rd, and Other Workers preference categories will become current for all countries except for China and India.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
New Immigration Green Card Public Charge Rule Takes Effect on February 24th, 2020
A new government regulation that will affect green card applicants takes effect on February 24th, 2020. Here is what you need to know.
A new government regulation that will affect green card applicants takes effect on February 24th, 2020. Here is what you need to know.
Under immigration law, in general someone who is deemed likely to become a "public charge" is barred from receiving a green card.
What is a public charge?
The current rule defines a public charge as someone likely to become primarily dependent on the government for income support. The new rule redefines a public charge as a person likely to receive "public benefits" for more than 12 months over any 36-month period in the future.
What are considered "public benefits" under the new rule?
Any federal, state, local, or tribal cash assistance for income maintenance (e.g. SSI, TANF), federal, state, and local cash benefits programs for income maintenance, SNAP, Section 8 housing and public housing under Section 9, and Medicaid (with certain exceptions).
How will the government determine whether someone is likely to receive public benefits for more than 12 months over any 36-month period in the future?
A totality of circumstances test will be used. Factors considered will be age, health, family status, education and skills, and assets, resources, and financial status, taking into account a broad range of positive and negative factors. Heavily weighted negative factors will include receipt of public benefits in the past (but after the date the rule goes into effect). Heavily weighted positive factors will include having a high household income (at least 250% of the federal poverty level) and having private health insurance.
Will this change mean more paperwork?
Yes. There will be additional paperwork required in order for the government to assess the likelihood of a green card applicant becoming a public charge.
Implementation of the new rule will be messy. Contact us today for expert assistance at 415-496-9040 or theteam@huwelaw.com.
New Green Card Public Charge Rule: Are You Prepared?
A new government regulation that will affect green card applicants is scheduled to go into effect on October 15th. Here is what you need to know.
Under immigration law, in general someone who is deemed likely to become a "public charge" is barred from receiving a green card.
A new government regulation that will affect green card applicants is scheduled to go into effect on October 15th. Here is what you need to know.
Under immigration law, in general someone who is deemed likely to become a "public charge" is barred from receiving a green card.
What is a public charge? The current rule defines a public charge as someone likely to become primarily dependent on the government for income support. The new rule redefines a public charge as a person likely to receive "public benefits" for more than 12 months over any 36-month period in the future.
What are considered "public benefits" under the new rule? Any federal, state, local, or tribal cash assistance for income maintenance (e.g. SSI, TANF), federal, state, and local cash benefits programs for income maintenance, SNAP, Section 8 housing and public housing under Section 9, and Medicaid (with certain exceptions).
How will the government determine whether someone is likely to receive public benefits for more than 12 months over any 36-month period in the future? A totality of circumstances test will be used. Factors considered will be age, health, family status, education and skills, and assets, resources, and financial status, taking into account a broad range of positive and negative factors. Heavily weighted negative factors will include receipt of public benefits in the past (but after the date the rule goes into effect). Heavily weighted positive factors will include having a high household income (at least 250% of the federal poverty level) and having private health insurance.
Will this change mean more paperwork? Yes. There will be additional paperwork required in order for the government to assess the likelihood of a green card applicant becoming a public charge.
Will the government consider benefits that an applicant received before the new rule goes into effect? No. The government will not consider benefits received before the new rule goes into effect when using the totality of circumstances test.
Is this change certain to go into effect on October 15th? No. Nearly 20 states have filed lawsuits attempting to halt the implementation of the new rule. It is possible that a court will issue an injunction preventing the rule from going into effect on its scheduled date.
If I qualify to apply for a green card now, should I submit my application prior to October 15th? Yes! You can avoid the new rule entirely if you submit your green card application before it goes into effect. Contact us
today at 415-496-9040 or theteam@huwelaw.com for a free 15 minute phone call to get started.
Can You Apply for a Green Card Next Month? Check the August Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for August 2019 to see if your priority date is current next month.
USCIS has determined that in August, the Dates for Filing Chart must be used for family-sponsored green cards, with the exception of F2A category applicants, who may use the Final Action Dates chart. The Final Action Dates Chart must be used for employer-sponsored green cards.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for August 2019 to see if your priority date is current next month.
USCIS has determined that in August, the Dates for Filing Chart must be used for family-sponsored green cards, with the exception of F2A category applicants, who may use the Final Action Dates chart. The Final Action Dates Chart must be used for employer-sponsored green cards.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application?
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Why your green card or naturalization interview could now be scheduled farther from home
A new government policy makes it possible for your green card or naturalization interview to be scheduled outside of your normal USCIS jurisdiction.
A new government policy makes it possible for your green card or naturalization interview to be scheduled outside of your normal USCIS jurisdiction.
There are currently large backlogs in some areas of the country in the processing of applications to adjust status (green card) applications, and applications for naturalization. This is causing a big discrepancy in processing times based on where an applicant resides. To help ensure more uniformity across the nation, USCIS has announced that it will begin shifting caseloads between field offices. That means that your green card or citizenship interview may now be scheduled earlier, but at a USCIS office located farther from home. USCIS has stated that the change will not affect the location of biometrics appointments.
For assistance with your green card or citizenship application in any jurisdiction, please contact us at theteam@huwelaw.com or 415-496-9040.
Spouses of Permanent Residents can File Their Green Card Applications in July!
Are you the spouse of a permanent resident who has been lawfully residing in the U.S., waiting for the F2A preference category to become current so that you can apply for your green card? Well wait no more! The U.S. Department of State Visa Bulletin for July 2019 has just been released, and shows the F2A category as current across all countries.
This means that in July, the spouse of a permanent resident will be able to submit the I-130 Petition for Alien Relative and I-485 Application to Adjust Status concurrently. Alternatively if your permanent resident spouse has already filed an I-130 Petition on your behalf, you will be eligible to submit the I-485 Application for your green card beginning July 1st.
Assembling the required documentation for a green card application takes time. Contact us today at theteam@huwelaw.com or 415-496-9040 to get started now!
Can you apply for a green card this month? Check the May Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category? You can check the U.S. Department of State Visa Bulletin for May 2019 to see if your priority date is current this month.
USCIS has determined that in May, the Dates for Filing Chart must be used for family-sponsored green cards, and the Final Action Dates Chart used for employer-sponsored green cards.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application?
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Military Parole-in-Place as a Path to a Green Card: What You Need to Know
Do you meet the following criteria? (1) You are an immigrant who entered the U.S. without a visa, (2) you are the spouse, parent, or child under 21 of a U.S. citizen, and (3) you have a close relative who is a member or former member of the U.S. Military? If so, you may be eligible for a green card via a special immigration benefit called “Parole-in-Place.”
In general, a “lawful admission” to the U.S. is required for the spouse, child, or parent of a U.S. citizen to be eligible for a green card. Parole-in-Place is a program that was created in year 2013 to help certain immigrants who do not have a “lawful admission” to obtain one without leaving the country.
What are the eligibility requirements for Parole-in-Place?
• You are physically present in the United States, but were not lawfully admitted
• You are the spouse, parent, or son or daughter (of any age) of an active duty member of the U.S. Armed, the Selected Reserve of the Ready Reserve, or former member of the U.S. Armed Forces or Selected Reserve of the Ready Reserve (including individuals who served in the military but are now deceased)
• You have no prior criminal convictions or other serious adverse factors
Even if you are eligible for Parole-in-Place, you must have a U.S. citizen spouse, parent, or child over the age of 21 who can serve as your sponsor for a green card.
If you believe you may be eligible for this amazing benefit, please contact us at theteam@huwelaw.com, or 415-496-9040 to learn more.
From TPS to a Green Card: One Man’s Journey
As an immigration lawyer in today’s changing world, I am frequently approached by prospective clients whose Temporary Protected Status (TPS) has been scheduled to terminate. They are often scared and bewildered, wondering what, if any, option they have?
As an immigration lawyer in today’s changing world, I am frequently approached by prospective clients whose Temporary Protected Status (TPS) has been scheduled to terminate. They are often scared and bewildered, wondering what, if any, option they have?
Luckily, with some legal maneuvering it is often possible for someone in this situation to obtain a green card sponsored by an immediate relative. Below is our client Jose’s story.
Jose arrived in the U.S. in year 2001 from El Salvador. He crossed the border without a visa, fleeing a brutal civil war that was raging there at the time. He entered the U.S. frightened and with little money, hoping to start a new life here.
Our government granted Jose Temporary Protected Status, or TPS, due to the unsafe conditions in El Salvador. As the years passed and those conditions continued, Jose was allowed to renew his grant of TPS every 18 months. He resided and worked in the U.S. as an upstanding member of society for nearly a decade. The U.S. had become his home.
In year 2010, Jose met Clara, a U.S. citizen by birth. He and Clara started dating, fell in love, and decided to get married in year 2012. Jose’s immigration status remained that of TPS. Because Jose had entered the country illegally, he believed that he was not eligible for a green card through Clara.
Years later, our government announced that they would be terminating TPS for El Salvador. Jose suffered anxiety every day, not knowing how he would be able to remain in the U.S. with his life partner Clara. Then Jose met me.
I explained to Jose that he did have options. And one of those options was to obtain a lawful entry to the U.S. by applying for permission to travel outside of the country and reenter under TPS. While the timing would be tight because we knew at that point that Jose’s TPS would be terminated in less than a year, I reassured him that this was doable. Once Jose obtained the lawful entry, Clara would be able to sponsor him for his green card. Once we submitted the green card application, he would have permission to remain in the U.S. while it was pending.
Jose got his permission to travel and left and reentered the U.S., we applied for his green card, and he is now a permanent resident of the United States. He no longer fears deportation and separation from his wife of 7 years.
Jose’s story is not unique. Our immigration laws and policies are complex, and too many immigrants do not know their options. We offer a thorough initial legal evaluation to review your history in detail, explain all possible paths, and create a plan moving forward. Contact us today to learn more: 415-496-9040 or theteam@huwelaw.com.
Why Legal Immigration to the U.S. Has Decreased, and How it Affects You
Legal immigration to the U.S. was significantly down in 2018:
In 2018, approvals of all types of visas and green cards were down. For example, approvals of green cards for immediate relatives of U.S. citizens (such as spouses) were down 7%, and fiance visa approvals were down a whopping 29%.
Legal immigration to the U.S. was significantly down in 2018:
https://www.npr.org/2019/03/10/701987091/why-u-s-visa-numbers-are-down
In 2018, approvals of all types of visas and green cards were down. For example, approvals of green cards for immediate relatives of U.S. citizens (such as spouses) were down 7%, and fiance visa approvals were down a whopping 29%.
Why is this occurring?
A wide range of incremental changes inside our government bureaucracy are primarily to blame. These changes are often unknown to, or misunderstood by, the public. They are not changes to the law and do not always require a formal legal procedure.
How does the decrease in legal immigration affect you as a prospective immigrant?
-It is more challenging to get any visa or green card application approved
-Green card applications are being denied due to minor errors, without the government providing an opportunity to correct the issues
-It is more likely that someone currently or previously in F-1 student visa or J-1 exchange visitor visa status will be prohibited from obtaining a green card due to a previous minor (and often unknown to the immigrant) noncompliance issue
-If a visa or green card application is denied, there is a greater risk of being placed into deportation proceedings.
How can we help?
We keep current on government policy changes. We know which questions to ask you, what documentation to provide to the government, and what to expect moving forward.
Contact us today at TheTeam@huwelaw.com or 415-496-9040 for help with your employment visa or family-based green card. We are here to help!
Apply for citizenship online and pay your fee by credit card
Did you know that a naturalization (citizenship) application can now be submitted online?
USCIS has made it possible for a citizenship application, including all supporting documents, to be submitted online. We like this relatively new option because it makes it possible for your citizenship application to be processed a bit more quickly, and monitored through the USCIS website.
Did you know that a naturalization (citizenship) application can now be submitted online?
USCIS has made it possible for a citizenship application, including all supporting documents, to be submitted online. We like this relatively new option because it makes it possible for your citizenship application to be processed a bit more quickly, and monitored through the USCIS website.
https://www.uscis.gov/n-400
Not only that, but the application fee can now be paid by credit card. This is true for citizenship applications, as well as many others, including applications for permanent residency (a “green card”) as well as permission to work and travel abroad. Learn more at:
https://www.uscis.gov/news/news-releases/uscis-expands-credit-card-payment-option-fees
For help with your citizenship or green card application, please contact us at theteam@huwelaw.com, or 415-496-9040.
