Posts Tagged ‘Adjustment Of Status’

U Visa – An important tool for crime victims to obtain legal status

Many immigrants in the United States are hesitant to approach police and other law enforcement officers when they become crime victims. For people who are in the U.S. without legal status, they try to avoid contacts with police officers for fear that their illegal status may be exposed. Even legal immigrants are sometimes afraid to approach police in the U.S. because of cultural differences and language barriers. Most of them do not know that there exists a special visa designed for victims of certain crimes called the U visa.

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Important issues about the filing of I-485 adjustment application

The cutoff dates for employment based 2nd preference immigrant visa for China and India have advanced significantly for the past three months.  Since November 2011, the cutoff dates have leaped forwarded by more than 17 months to January 1, 2009.  The rapid advancement means that many EB-2 professionals and advance degree holders are able to submit their I-485 application to adjust status to that of legal resident of the United States.  Simultaneously the applicant may also apply for a general employment authorization document (EAD) and a travel document.   Upon approval of the I-485 application, the applicant will receive her permanent resident card (or green card).  There are some important issues related to this last step of the immigration process.

First and foremost, an applicant must ensure that she is not subject to any grounds of inadmissibility that would cause the denial of her green card.  The U.S.

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BIA held F2A visa beneficiaries may not "opt out" of automatic conversion to F1

The Board of Immigration Appeal (BIA) has just held that a visa beneficiary is not allowed to retain his F2A preference status by opting out of automatic conversion to the F1 category as a son of a United States citizen upon his parent’s naturalization. Matter of ZAMORA-MOLINA, ID 3729, 25 I&N Dec. 606 (BIA 2011)

The mother of the beneficiary son filed a visa petition on his behalf when he was under the age of 21.  However, while the case was waiting for a visa number, the son turned 21 and, subsequently, the mother became a naturalized citizen.

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Third Circuit Appeal Court held section 245(i) does not overcome 10-year illegal presence bar

Section 245(i) of the Immigration and Nationality Act allows certain foreigners in the United States who would not normally qualify to apply for adjustment of status in the U.S.

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USCIS Continues to Accept Adjustment Applications with Current Priority Dates

In spite of the State Department’s notification to USCIS that all EB immigrant visa numbers have been exhausted for FY2011, the USCIS today announced that it will continue to accept adjustment of status applications (I-485) based on the September visa bulletin through the entire month of September.  The regulations provide that the visa bulletin published by the State Department controls whether or not there are visa numbers available for an adjustment applicant.  The September visa bulletin does not indicate unavailability of visa numbers in any of the EB preference visa categories. 


DV-2012 Diversity Visa Lottery Results

The Kentucky Consular Center of the State Department has once again released the results of the DV-2012 diversity lottery.  The winners have been registered and notified by mail.  They may apply for an immigrant visa or adjustment of status (if they are in the U.S.) between the months of October 2011 and September 2012. 

This year there were a total of 14,768,658 applicants (19,672,268 if dependents are counted) who entered the lottery drawing during the 30-day application window of October 5, 2010 – November 3, 2010. 

Applicants should note that only the selected applicants (“winners”) were notified by mail.

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Diversity Visa ("Visa Lottery) still available for most countries; deadline is 09/31/2011

 The Diversity Visa Program runs on a fiscal year schedule.  For DV-2011, September will be the last month for selected applicants to apply for their immigrant visa or adjustment of status.  Diversity visas will not be issued to applicants after September 30, 2011.  The Department of State reports that visa numbers are still available for most countries.  Please see table below.

Region All DV Chargeability Areas Except Those Listed Separately
AFRICA CURRENT Except: Ethiopia 32,700
ASIA CURRENT
EUROPE CURRENT Except: Uzbekistan  UNAVAILABLE
NORTH AMERICA (BAHAMAS) CURRENT
OCEANIA CURRENT
SOUTH AMERICA, and the CARIBBEAN CURRENT


July Bulletin – EB-2 China and India Advance to March 8, 2007

Breaking news – Both China and India EB-2 advance five months to March 8, 2007. This represents the best movement in recent years for these two countries in EB-2.  The movement will allow many applicants with pending EB-2 cases to file their I-485 adjustment of status (green card) applications, as well as the related I-765 employment authorization document.



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