Visa Bulletin Revisions Explained by Immigration Lawyer in Orlando

U.S. Citizenship and Immigration Services (USCIS) in coordination with Department of State (DOS), has revised the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process was effective with the October 2015 visa bulletin published on September 25, 2015. The new format of the visa bulletin will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

Also, the revised process will enhance DOS’s ability to more accurately predict overall immigrant visa demand and determine the cut-off dates for visa issuance published in the Visa Bulletin. This will help ensure that the maximum number of immigrant visas is issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates. The Visa Bulletin revisions implement the November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson.

With the revisions, there will be two separate charts (or priority dates) for people to follow or monitor: (more…)

Donald Trump Immigration Plan

On Sunday, Republican Presidential Candidate Donald Trump announced his immigration plan on his website and in the media.  He is the first Republican candidate to set forth such a detailed plan and agenda on immigration.  Donald Trump immigration plan has many flaws and leaves unanswered the process and methodology that will be used to legalize the 12 million illegal immigrants already in the U.S.  With regards to Dreamers (those who were brought illegally into the U.S. as minor children) and the DACA benefit granted by President Obama that issued work authorization and an opportunity to attend college, Donald Trump would rescind the DACA benefit.  “The executive order gets rescinded,” Trump said Sunday on NBC’s “Meet the Press,” of President Barack Obama’s executive order allowing dreamers to remain in the U.S.  With regards to birthright citizenship (more…)

Detained Immigrant Children Ordered Release by Federal Judge

Judge Dolly M. Gee of Federal District Court for the Central District of California found that two detention centers in Texas that the Obama administration opened last summer fail to meet minimum legal requirements of the 1997 settlement for facilities housing detained immigrant children.

Judge Gee also found that migrant children had been held in “widespread deplorable conditions” in Border Patrol stations after they were first caught, and she said the authorities had “wholly failed” to provide the “safe and sanitary” conditions required for detained immigrant children even in temporary cells. (more…)

Request for Evidence

Request for Evidence (RFEs) from U.S. Citizenship & Immigration Services Vermont Service Center will no longer be printed on yellow stock paper as of 7/6/15. RFEs issued after 7/6/15 will instead be printed on white paper.

A Request for Evidence (RFEs) is usually issued when additional documents are needed by U.S. Citizenship & Immigration Services on an already filed and pending application.  Request for Evidence (RFEs) can be issued (more…)

DS-260 Problem with Online System

National Visa Center has reported experiencing technical difficulties with their online system related to the access of electronic immigrant visa application (Form DS-260) as well as the Online Choice of Address and Agent form (DS-261), as well as the ability to make and process immigrant visa fee payments electronically. The State Department has released guidance indicating that it is aware of the Ds-260 problem and is working to fix all the online issues. (more…)

H-1B Spouse Eligible for Employment

Certain H-4 dependent spouses (or H-1B spouse) may now apply for employment authorization under the new H-4 rule. On February 24, 2015, immigration announced that effective May 26, 2015, the Department of Homeland Security (DHS) would begin accepting applications for employment authorization from certain H-1B spouse eligible for employment who are seeking employment-based lawful permanent resident status. (more…)

Obama Immigration Order Stalled by Circuit Court of Appeals

On Tuesday, the Fifth U.S. Circuit Court of Appeals declined to remove an earlier injunction that left the President Obama immigration order in limbo with just over a year and a half before he leaves office.  The president’s top domestic policy adviser said she suspects the U.S. Supreme Court would have the final say on the fate of President Obama immigration order to defer deportations for millions of undocumented immigrants.  The president’s plan, announced last year, would allow more than four million people in the country illegally to apply for deferred deportation and work authorizations, among other benefits.

Immigration Court Backlog – 445,607 cases pending

The number of cases awaiting resolution before the Immigration Court climbed to a new all-time high of 445,607 as of the end of April 2015, according to very timely government court data obtained by the Transactional Records Access Clearinghouse (TRAC). The case backlog has risen 9.2 percent since the beginning of this fiscal year when the backlog was 408,037. The backlog is 29.5 percent higher than it was at the beginning of fiscal year 2014, at which time only 344,230 cases were waiting in the Immigration Court. (more…)