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21 Sep 2015

I plan to file an I-485 under the new ‘dates for filing’ (DF) chart. My son turned 21 recently. Will he be eligible to be included in my application?

Answer The answer depends, in part, upon how long the I-140 was pending, as that is part of the CSPA calculation. There are unanswered questions about the impact of the DF chart on the CSPA - but the starting point would be to calculate his CSPA...

13:27 / Employment Based / Family Based / FAQs / Resident
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17 Sep 2015

October 2015 Visa Bulletin: How New System Impacts Family-Based Cases

The recent overhaul of the U.S. Department of State (DOS) visa bulletin system, which goes into effect on October 1, 2015, has generated enormous excitement. While the changes to the visa bulletin tend to primarily benefit those applying for permanent residency (green cards) through the...

15:20 / AOS/CP / Family Based / NewsBrief / Resident / Visa Bulletin
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10 Sep 2015

October Visa Bulletin: Exciting New System Benefits Backlogged Categories!

The U.S. Department of State (DOS) is introducing a major beneficial change to the visa bulletin system, as officially announced in the release of the October 2015 Visa Bulletin. As previously rumored, effective October 1st, the monthly visa bulletin now will include two separate cutoff date charts...

13:09 / AOS/CP / AOS/CP (Family) / NewsBrief / Resident / Visa Bulletin
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09 Sep 2015

NewsFlash! October Visa Bulletin Allows Much Earlier I-485 Filings!

The October 2015 Visa Bulletin from the U.S. Department of State (DOS) reflects a newly revised system of dual cutoff dates. As of October, the visa bulletin contains a new, separate cutoff date chart for filing the application for adjustment (form I-485). The cutoff dates...

13:53 / AOS/CP / AOS/CP (Family) / Employment Based / Family Based / NewsBrief / Resident / Visa Bulletin
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04 Sep 2015

NewsFlash! Exciting Change May be Coming to Visa Bulletin Process

The U.S. Department of State (DOS) is reportedly working to implement a significant change to the monthly visa bulletin system, as part President Obama's push to streamline the U.S. immigrant visa system. According to an article published in The National Law Review, the DOS plans to begin...

12:28 / AOS/CP / AOS/CP (Family) / NewsBrief / Visa Bulletin
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03 Sep 2015

USCIS Transferring Family Cases to Balance Workload

The U.S. Citizenship and Immigration Services (USCIS) announced at the end of August 2015 that certain family-based immigration cases will be moved from the Vermont Service Center (VSC) to the California Service Center (CSC). Such internal case transfers are fairly routine, and typically are to balance...

07:56 / Family Based / Immigrant Family / NewsBrief / USCIS News
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31 Aug 2015

My friend has a 2-year old disabled child who is a U.S. citizen. Does this provide any additional options to apply for a green card?

Answer U.S. citizen children cannot sponsor a parent for a green card until the child reaches the age of 21. The fact that the child is disabled would typically not create new avenues for the parent to apply for a green card. (31.Aug.2015)In frequent sessions of...

15:54 / Family Based / FAQs / Resident
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31 Aug 2015

I have an approved I-140 and the priority date is current. Can I apply for advance parole and then leave the U.S. to get married?

Answer If your priority date is current, you can file the I-485 application and apply for advance parole travel authorization at the same time. (This, of course, is assuming that the job offer is still valid, etc.) You must wait for the AP to be approved...

15:49 / Employment Based / Family Based / FAQs / Resident / Travel
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26 Aug 2015

USCIS Issues Policy Memorandum on CSPA

The U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on April 15, 2015, on a technical matter under the Child Status Protection Act (CSPA). U.S. immigration law generally limits dependent or derivative status to children who are under twenty-one years of age. In the...

07:41 / AOS/CP (Family) / Family Based / Immigrant Family / NewsBrief / USCIS News
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17 Aug 2015

How long does the process take for a green card holder to sponsor a new spouse who is in India?

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,...

15:09 / Family Based / FAQs / Resident
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