07 May 2018

May 2018 Visa Bulletin Check-In: Short-Term Predictions

Most months, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, Charles Oppenheim, provides visa bulletin explanations and predictions. For the May 2018 Visa Bulletin, Mr. Oppenheim only provides some very minor, short-term predictions. Family-Based Preference Categories For most family-based (FB) preference...

09 Apr 2018

I am unable to get a birth certificate. Can I use affidavits instead for my I-485 application?

Answer The Foreign Affairs Manual allows the use of a combination of a non-availability certificate, 2 affidavits and "secondary" evidence (like school leaving certificates) to substitute for a birth certificate that is unavailable or defective. (09.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...

02 Apr 2018

My employer is currently sponsoring me for a green card. I now have a U.S. citizen family member who wishes to sponsor me for a family-based case. Can both cases be pending at the same time?

Answer Yes, you can have multiple immigrant petitions (employment-based and family-based) happening in parallel. The petitions do not interfere with each other and you ultimately should be able to file for adjustment of status, based on whichever case becomes current first. (02.Apr.2018)In frequent sessions of our...

29 Mar 2018

U.S. Supreme Court Says INA Does Not Grant Right to a Bond Hearing for Immigration Detainees

The U.S. Supreme Court recently ruled in Jennings v. Rodriguez that noncitizens, including lawful permanent residents (i.e. "green card" holders), who are detained by immigration officials while their immigration removal proceedings are pending do not have a right to be released on bond. Summary of the...

16 Jan 2018

February 2018 Visa Bulletin: Slight Movement, Short-Term Predictions

The February 2018 Visa Bulletin was released by the U.S. Department of State (DOS) this afternoon. China sees some slightly faster-than-expected movement in the employment-based categories, but the rest is largely in line with previous predictions. This upcoming visa bulletin also includes some predictions for...