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Recent Blog Posts
What Is the New Public Charge Rule?
On Monday, February 24, 2020, the U.S. Citizenship and Immigration Services (USCIS) is mandating the implementation of its new Public Charge Rule across the United States.
History
It has been part of immigration law since 1882 that those coming to the United States could not become a public charge, meaning that one emigrating to the United States could not expect the U.S. government to provide financial support to the intending immigrant. The term initially used was “professional beggars.”
Although the immigration law does not specifically state how to determine whether an intending immigrant is to become a public charge, the statute does note five criteria the government can consider when considering the financial wherewithal of an intending immigrant:
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Age
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Health
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Family status
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Financial assets and resources
Who Is Eligible for the United States H-1B Visa?
The U.S. immigration process can be a confusing and time-consuming endeavor. However, regulations, policies, and procedures are put in place to protect the country and its citizens from harm. The United States Citizenship and Immigration Services (USCIS) is the federal agency that governs how a citizen of a foreign country can legally live and work in the United States or become a naturalized U.S. citizen. A foreign national who seeks to enter the United States must first obtain a U.S. visa. There are various visas available depending on a person’s circumstances and intentions.
Opportunities Through Employment
There are two main categories of visas — Nonimmigrant and Immigrant. Nonimmigrant visas are for traveling to the United States on a temporary basis. Immigrant visas allow foreigners to live permanently in the United States.
Can I Get a Visa Faster if My Spouse is a Different Nationality Than Me?
The answer is maybe. There is a rule called cross-chargeability, which might help. Cross-chargeability allows the beneficiary of a preference category visa petition to be assigned to a country other than that of his or her birth for visa bulletin purposes. This rule allows cross-chargeability between one spouse to another spouse, from parents to their children, and on rare occasions based on the place of habitual residence. Note that children may derive alternative chargeability through their parents, but parents cannot derive from children.
The reason to allow children and/or spouses with different birth countries to use cross-chargeability is to avoid family separation, which immigration law seeks to avoid even though it does not always seem that way. Let us see how cross-chargeability works.
First, a principal applicant can use his country of birth for his derivative family member. This would be the case where a Husband from Poland is petitioned by his employer and married to a woman, Wife, from the Philippines. The Husband could use his country of chargeability—Poland—for his Wife who would normally be subject to very long wait times in the employment-based categories.
I Got Married—Will I Lose My Place on the Visa Bulletin?
As we all know, if you are the beneficiary of a preference category family-based immigrant petition, the wait can be long. It can be very long. And life goes on. However, no one wants to lose their place in line for eventual immigration to the United States and understanding the Visa Bulletin is key to maintaining your place in line. First, knowing what categories are available is important.
Note, however, those spouses, unmarried children under the age of 21, and parents of U.S. citizens are considered Immediate Relatives and are not subject to wait for an available visa. This category is numerically unlimited.
The numerically limited categories or the preference categories for the family-based petitions are:
FB1—Unmarried children of U.S. citizens over the age of 21
FB2A—Spouses and unmarried children of legal permanent residents
Why Are There Two Sets of Visa Bulletins Each Month?
Every month around the 10th of the month, the Department of State publishes the monthly Visa Bulletin, which lists the availability of preference-based visas for family- and employment-based categories.
You might have noticed that there are two tables for each category—Final Action Dates and Dates for Filing. USCIS will indicate every month which chart can be used. But first, what does each chart mean?
The Final Action Dates Chart indicates that visas are unavailable for Priority Dates equal to or greater than the date listed in the bulletin. For example, if your Priority Date is April 15, 2017 and the date in the Final Action Date Chart for your category and the country is April 15, 2017, then your date is not current because April 15, 2017 is the first date for which a visa is not available.
Under the Final Action Dates Chart, if your Priority Date is current, then a visa is available for you and processing for your Green Card or Immigrant Visa can go forward.
How Can I Bring My Foreign-Born Spouse Home to the United States?
These days, people often marry individuals who are not from the same country as them. The ease of travel and increase of students studying abroad has provided Americans with the opportunity to meet friends and possible life partners outside of U.S. borders. Marrying someone from a different culture can lead to an exciting life. Not only are you merging two cultures, but you also must decide where you will live. This can be a difficult decision to make, and many couples decide to remain in the U.S. Making the decision to stay in the United States and getting an approved visa are two different processes altogether. Wanting to stay in America and getting this approval is not as simple as booking a flight home. In these cases, you need the assistance of an experienced immigration attorney.
The “Fiancé” Visa
Applying for and obtaining an immigration visa can be difficult. Before embarking on the long legal journey ahead of you, it is important to do research to find which visa applies to your situation. The visa for foreign fiancés marrying a U.S. citizen is known as a K-1 nonimmigrant visa. Before the application process can even begin, those couples who are planning on getting married in the United States must file a Form I-129F, Petition for Alien Fiancé. This is the first step in the right direction. This petition will allow your fiancé to legally enter the country before the marriage occurs.
November 2019 Visa Bulletin Trends—Where Are the Numbers Headed?
No one can say definitively what future visa bulletins will look like, but Charlie Oppenheim, the U.S. Department of State’s Chief of Visa Control and Reporting Division, occasionally provides some insight into visa number trends and we are sharing them with you.
Family-Based Preference Categories
We have been happy to see the F2A (spouses and unmarried children under 21 years old of legal permanent resident) category across the board staying current recently, and the trend continues. Charlie reports that demand in this category remains low and there is no indication that a limiting date will be imposed in the near future. This is encouraging news!
As we have seen, all the Mexico categories, with the exception of the F2A category, have seen little forward progress and because demand remains high, it is expected that dates for Mexico will remain stagnant and not move forward significantly.
Who is Charlie Oppenheim and What Does He Have to Do With My Immigration Case?
If you are the beneficiary of a family-based or employment-based visa petition that is subject to the preference categories (mostly everyone who is not an immediate relative—spouse, parent, or unmarried child under the age of 21 of a U.S. citizen), then you should know that Charlie Oppenheim is the Department of State’s Chief of Visa Control and Reporting Division. He is responsible for issuing the monthly Visa Bulletin. The monthly Visa Bulletin indicates visa availability for any given month.
Understanding Visa Availability
In the immigration process, visa availability is important because you cannot receive an immigrant visa (outside the United States) or get your green card (inside the United States) unless a visa number is available to you. When your petitioner files the I-130 or Labor Certification for you, the date the government receives the filing becomes your Priority Date—your place in line for a visa. The Visa Bulletin indicates visa availability by Priority Date.
Do My Family Members Need Health Insurance to Get Green Cards?
On October 4, 2019, President Trump issued the following Presidential Proclamation called the Presidential Proclamation on the Suspension of Entry of Immigration Who Will Financially Burden the United States Healthcare System. The basic requirement of the Proclamation is that those seeking an immigrant visa to enter the United States must have health insurance within 30 days of entry to the United States. This Proclamation looks daunting, so we will break it down by applicability and then impact on your relative’s immigration to the United States.
When does this Proclamation go into effect?
The new healthcare requirement is scheduled to go into effect on November 3, 2019, but it may be delayed by potential lawsuits challenging its implementation. Our firm, Unzueta Law Group, P.C., monitors changes in immigration law and procedure closely and we will publish updates regarding the implementation dates for this Proclamation.
What Happens During an ICE Raid?
United States Immigration and Customs Enforcement (ICE) is the governmental agency tasked with governing customs, border control, and immigration. The two primary components of ICE are Enforcement and Removal Operations and Homeland Security Investigations. In July 2019, President Trump announced that ICE will conduct “sweeps” or “raids” to find and arrest undocumented immigrant families. These raids could occur in public spaces, workplaces, and immigrant communities. Read on to learn about what happens during and ICE raid and what to do if you need legal assistance from a deportation and immigration lawyer.
ICE Raid of an Undocumented Immigrant’s Home
It is critically important for undocumented immigrants to know and understand their rights. ICE cannot enter into an individual’s private residence without a warrant. If ICE agents have a valid search warrant or arrest warrant, they have the authority to enter your home. ICE agents may also wait outside of your home until you leave and arrest you outside of your home.
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