The U.S. Department of State (DOS), through Charles Oppenheim, Chief of the Visa Control and Reporting Division, provides a monthly explanation of the visa bulletin contents. The September 2015 Visa Bulletin contains some significant cutoff date movements, both forward and backward. Accordingly, Mr. Oppenheim has...
The U.S. Department of State (DOS) released the September 2015 Visa Bulletin, which is the final visa bulletin for fiscal year 2015. To the disappointment of many, the employment-based, second preference (EB2) category for India and China retrogresses to January 1, 2006. On a far more...
Answer A GC holder generally can file an I-130 petition in the family-based, second preference "A" category for a spouse. The timing of this process depends upon the priority date movement. The case cannot be finalized until the PD is current. If the category wasn't backlogged,...
Answer The spouse is automatically eligible as a derivative in an employment-based GC case, without regard to the spouse's status. The spouse doesn't have to be "added" to the I-140 or I-485. It is an automatic eligibility, and the spouse just needs to file the...
The U.S. Citizenship and Immigration Services (USCIS) issued an explanation regarding signature waivers for permanent resident cards (i.e. green cards). This is in reference to situations in which a form I-551 (commonly, a "green card") bears the notation signature waived, rather than the green card...
The U.S. Department of State (DOS) Visa Bulletin for September 2015 contains significant changes for Indian nationals. There is favorable news in the employment-based, third preference (EB3) category for India. The cutoff date for EB3 advances by more than six months, to December 22, 2004....
The U.S. Department of Labor (DOL) is responsible for the PERM labor certification (PERM LC) process. The PERM LC process is the first of three stages in most employment-based permanent residence (commonly, "green card") cases. Each quarter, the DOL summarizes key PERM-related data that provides...
Answer A permanent resident can petition for a spouse. These cases fall under FB2A and have a wait time for visa number availability. The affidavit of support isn't needed until the visa number becomes available and the I-485 can be filed. In some marriage-based cases, the...
Answer Nothing happens automatically to the PERM/I-140 at the six-year H1B point. Assuming the employer still supports the case, the PERM and I-140 can be approved, even if one is out of H1B time. And, of course, it may be possible to use the pending...
Answer Not likely until the child reaches 21. At 21, a USC child could sponsor his/her parents for their green cards. Beyond that, there are limited situations in immigration law in which a child under 21 can assist with immigration issues. (e.g., Waiver or other extraordinary...
