When Immigration Matters

Department of State Revises October Visa Bulletin

Posted by Karen-Lee Pollak on Fri, Sep 25, 2015 @ 6:30 PM

On September 25, 2015, the Department of State published a revised visa bulletin for October, rolling back the "Dates for Filing" for several visa categories. This revised September 25th Visa Bulletin supersedes the previous visa bulletin released for October published on September 9, 2015.

Manyy EB2 employees will be dissapointed to learn that DOS has rolled back the priority date for filing adjustment of status applications by 2 years for Indian Citizens  and almost 1 year for citizens of China.  

Please note that the following "Dates for Filing" have changed:

Category (9/9/15)
Filing Date
NEW (9/25/15)
Filing Date
Difference
EB-2 China 5/1/2014 1/1/2013 1 year, 5 months
EB-2 India 7/1/2011 7/1/2009 2 years
EB-3 Philippines 1/1/2015 1/1/2010 5 years
FB-1 Mexico 7/1/1995 4/1/1995 3 months
FB-3 Mexico 10/1/1996 5/1/1995 1 year, 5 months

Therefore, individuals who fall under the above-referenced categories will only be permitted to file for adjustment of status in the month of October if they have a priority date that is earlier than the NEW Filing Date listed in the revised September 25, 2015 Visa Bulletin.

To learn more about priority dates, visa retrogression and various visas vistit our website at www.immigrationbn.com or contact us at [email protected]

 

 

Travel While Adjustment of Status is Pending

Posted by Karen-Lee Pollak on Thu, Jun 18, 2015 @ 9:22 AM

klp-resized-600We are often asked "Do I need advance parole to travel if I am here on a non-immigrant visa and have applied to adjust my status to Legal Permanent Resident?"

Here is what Customs and Border Protection states "For most visa categories, you need advance parole from U.S. Citizenship and Immigration Services (USCIS) to travel internationally if you have applied to become a legal permanent resident (LPR).  Failure to obtain advance parole BEFORE departing the U.S. effectively invalidates your LPR application. It is not enough to have applied for advance parole; you must have received approval before you travel".

There are three exceptions to the requirement for non-immigrant visa holders to apply for advance parole. Those here in H1B, L and K3/4 status - and their dependents - do not require advance parole to travel after applying to adjust their status. K1/2 visa holders who have married a U.S. citizen must apply for LPR status and advance parole prior to international travel.

NOTE:  USCIS now issues employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485*. The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, "Serves as I-512 Advance Parole." A card with this text will serve as both an employment authorization and Advance Parole document.

*Adjustment of Status - For individuals filing a Form I-485 to Adjust Permanent Resident Status or to Register Permanent Residence, USCIS requires you to submit a copy of your official stamped passport to prove your last lawful entry into the United States.  This can include a copy of the official admission stamp in your passport, a copy of the I-94 you received, or the print out of your I-94 number from CBP.gov if you entered after April 30, 2013 and did not receive a paper I-94. If you are a Canadian citizen, and were not issued one upon entry into the U.S., you may go to a  Deferred Inspection Site (DIS) to request one.  Alternatively, if you have no documentary evidence of legal entry, you may file a Freedom of Information Act(FOIA) request with CBP to obtain your most recently recorded date of legal entry into the U.S.  To facilitate your request, you should provided the date of your most recent entry, as best as you can remember it.  USCIS may require additional documentation after the initial filing of your Form I-485.  You should only submit a FOIA request for documents for which you do not have access.

 

EB-5: USCIS continues to recognize RIMS II for Indirect Job Creation

Posted by Michael Pollak on Fri, Jul 25, 2014 @ 2:20 PM

EB-5, Investor visa, investor green cardOn June 19, 2013, the U.S. Bureau of Economic Analysis (BEA) issued a docs/bea report.pdf announcing its plan to eliminate its Regional Input-Output Modeling System (RIMS II) economic model. That model has been specifically approved by USCIS and RIMS II reports have been heavily relied upon by a majority of EB-5 investors and Regional Centers in filing their EB5 applications.

This announcement has left many in the EB5 arena wondering what type of evidence of job creation would BEA start accepting and whether USCIS would continue ot accept RIMS II modeling. 

On July 3, 2014, the BEA announced its "plans to release in 2015 a modified economic model to replace the original" RIMS II model.

Former BEA economist, John Barrett of Performance Economics LLC told David Morris, Chair of the AILA/EB-5 Committee summarized the BEA News as follows:

  • No change in the methodology of the USCIS approved benchmark series of multipliers;
  • Benchmark series now based on the 406-industry 2007 benchmark I/O table instead of 2002, an improvement;
  • USCIS should continue to take a positive view of RIMS II, as they have in the past.

According to Barrett, “Given this announcement by BEA, there is no reason why USCIS wouldn’t continue to recognize RIMS II as a ‘verifiable methodology'".  The Benchmark Series multipliers will be produced exactly as they have in the past and therefore USCIS would be hard pressed to find a reason to reverse itself on past recognition granted RIMS II.”

If your EB5 application is through a Regional Center you must make sure that if the project is relying on indirect job creation reports that these reports continue to be valid and make sure that the reports have been approved by a qualified econoomist as to the impact of the RIMS II changes.

Is All Hope Lost If I Have Overstayed My Visa?

Posted by Michael Pollak on Sun, Jan 20, 2013 @ 7:00 AM

Immigration attorney Karen-Lee Pollak explains the 245i provision which allows you to apply for a green card if you are in the United States legally.

 

Thanks for your comments, questions, and suggestions regarding immigration topics.

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