January 2017 visa news By Atty. Crispin Caday Lozano

27 Dec January 2017 visa news By Atty. Crispin Caday Lozano

The United States Citizenship and Immigration Services (USCIS), in coordination with the 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.

An application for adjustment of status Form I-485 can be filed earlier, sometimes years in advance, of the actual availability of visa numbers.  The USCIS provides information on whether the Application Filing Date can be used for filing adjustment of status.  Please check with www.uscis.gov/visabulletininfo, to see if filing date can be used.  The USCIS has determined that the Application Filing Date can be used for the month of January 2017 for Family based petition and Final Action date for Employment based petition.

In the January 2017, bulletin, the F2B priority date for Final Action advanced by five  weeks.  The other family based preferences moved up from two to four weeks in advance.  The employment based EB3 for skilled and unskilled workers moved up by two months each.

A. Application Final Action Dates for Family-Sponsored Preference Cases

The Department of State will be making a final action on the following petitions with priority dates earlier than indicated below.

1. First Preference — Unmarried Sons and Daughters of Citizens Oct. 01, 2005

(Application filing date is for priority date earlier than May 1, 2006)

2. Second Preference:
3. Spouses and Minor Children of Permanent Residents                          Mar 22, 2015

         (Application filing date is for priority date earlier than Nov 22, 2015)

1. Unmarried Sons and Daughters 21 years and over of

Lawful Permanent Residents                                                                 Apr 8, 2006       

(Application date is for priority date earlier than Feb 1, 2007)

3. Third Preference – Married Sons and Daughters of Citizens             Sept 1, 1994

     (Application date is for priority date earlier than Jan. 1, 1995)

4. Fourth Preference – Brothers and Sisters of Adult Citizens             Jun 08, 1993                   

     (Application date is for priority date earlier than Apr.01, 1994)

Employment Based Preferences:

1. First Preference – Priority Workers Current
2. Second Preference – Advanced Degree Professionals Current
3. Third Preference – Skilled Workers & Professionals Jul 22, 2011

(Application date is priority date earlier than Sept. 1, 2013)

Unskilled – Other Workers                                                                        Jul 22, 2011   

     (Application date is priority date earlier than Sept. 1, 2013)

Please note that the same law for adjustment of status is still in place.  This means that only those immediate relatives of U.S. citizens, those with current valid legal stay or those qualified under Sec. 245(i) may apply to adjust status.  INA Sec. 245(i) refers to those beneficiaries of petition filed on or before April 30, 2001.   In some cases physical presence need to be shown as of December 20, 2000.

Note:   This is not a legal advice.

SUCCESS STORIES

1. On December 19, 2015, we received an approval of petition by a Dental office for green card.
2. On December 15, 2016, we received an approval of adjustment of status for a client who entered without inspection with Sec. 245(i).
3. On December 14, 2016, we received an approval of naturalization for a client who had a bigamy case seven years ago.
4. On December 10, 2016, we received approval of adjustment of status for a client who been denied a green card before.
5. On November 16, 2016, we received an approval of provisional waiver I-601A after proving extreme hardship to spouse.
6. On October 21, 2016, we received an approval of N-400 naturalization for a client who has child support and tax debts issues by submitting documents proving good faith compliance.
7. On October 20, 2016, we received an approval from USCIS for adjustment of status for a client who has hearing disability.
8. On September 12, 2016, we received an approval from Immigration Court for a waiver of misrepresentation for a client who entered as single but actually married at date of entry.
9. On September 1, 2016, we received an approval of naturalization from USCIS for two clients who has unpaid taxes but with IRS agreement.
10. On August 11, 2016, we received an approval from USCIS of a green card based on employment without any interview.
11. On July 29, 2016, we received an approval of Naturalization from USCIS for an alien who has an approved waiver for entering as single but actually married.
12. On July 21, 2016, we received an approval of Naturalization from USCIS for an alien who has an approved waiver for using a different name.
13. On July 11, 2016, we received an approval of I-360 self petition by abused spouse from USCIS.
14. On June 15, 2016, we received an approval of I-601 waiver for a client who made a misrepresentation when she entered on an A2 visa under another person name.
15. On May 25, 2016, we received an approval of green card for a client who used a different name from her birth certificate. We proved that she has been using her different name since she was in grade school.
16. On April 19, 2016, we received an approval from USCIS for naturalization of a client who has a criminal record that happened five years ago.
17. We have more success stories at our website at crispinlozanolaw.com