17 Aug September 2022 Visa Bulletin
By Atty. Chris Caday Lozano
Petition for Caregivers
The priority date for “Other workers” for Final Action date is May 8, 2019, which is about 3 years waiting for the visa. The priority date for Date of Filing of Adjustment of Status for those in the U.S. is now current. This means that when the petition is approved an adjustment of status can be filed. This process is good for those who need caregivers.
Arrest and removal of undocumented is now up to the discretion of ICE officer
US Supreme Court did not allow Pres. Biden to overturn the immigration policy of Trump with regards to priority in arrest and removal. Under Biden the priorities are those that involve risk to national security. It is now a decision to be made by the ICE officer which could include arrest of anyone who is undocumented. It is time to work on your green card now.
N-400 Application for Naturalization
The USCIS is now giving priorities to application for naturalization . The reason is obviously to allow qualified immigrants to vote in the coming midterm and presidential election. There are cases when the waiting time is only six months compared to prior years. Pres. Biden is encouraging all qualified to file for naturalization. This is a rare opportunity that all qualified should take advantage of.
We are presenting herewith the visa bulletin for September 2022, for the Philippines as follows:
A. FAMILY-BASED FINAL ACTION DATES
B. FAMILY-SPONSORED FILING DATE CHART – The chart below reflects dates for filing visa applications within a time frame justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions.
FAMILY-BASED FILING DATE CHART
Employment based Final Action Date
1st, 2nd and 3rd Current
3rd other workers 05/08/2019
Employment Based Filing Date
1st, 2nd and 3rd Current
3rd other workers Current
STATUS OF VISA PROCESSING AT US EMBASSY
Provided below is the U.S. Embassy processing as of August 16, 2022
U.S. Embassy Manila is providing all routine visa services, though interview appointments for some visa classes remain limited in order to prioritize travelers with urgent needs and certain critical categories of visas. Due to a high volume of applicants and consular staffing shortages, wait-times for many visa classes are longer than the pre-pandemic norm.
Immigrant Visa (IV): The Embassy is processing immigrant visas across all categories. However, with significant backlogs in most categories, wait times for interviews are lengthy for all but immediate relatives (IR-1 through IR-5). It is not possible to provide precise wait times as staffing and local conditions affect capacity and scheduling. As of May 31, 2022, most IR visa cases being scheduled for interview were documentarily complete at the National Visa Center in March 2022. Most K visa cases being scheduled were documentarily complete in April 2022. Most current employment-based cases being scheduled were documentarily complete in March 2022. Most current family preference cases are approved expedite cases that were documentarily complete in January 2021.
Nonimmigrant Visa (NIV): The Embassy prioritizes travelers with urgent (i.e., matter of life or death) travel needs and certain critical categories of travelers, such as students and exchange visitors (F-1, M-1, and J-1) and temporary employees (H-1B, H-2B, and L nonimmigrants). We are processing renewals of business/tourism (B1/B2) visas for applicants eligible to have their interview waived, offering biometrics only appointments for applicants who received their last visa prior to age 14, and interviewing a limited number of B1/B2 applicants each day. While we continue to expand our visa processing, please note that we have a significant backlog of cases so wait times are much longer than pre-pandemic times.
Many visa applicants paid a visa application fee and are still waiting to schedule an interview appointment. The validity of your payment (known as the MRV fee) is extended until September 30, 2023, to allow all applicants who were unable to schedule an appointment the opportunity to do so.
Appointment Scheduling: Applicants can schedule or reschedule the first available visa interview appointment slot by phone at (+632) 7792-8988 or (+632) 8548-8223, or through our online appointment system at http://www.ustraveldocs.com/ph/. There is no fee to change an appointment. If you have difficulties rescheduling a pending appointment, you may send an email to firstname.lastname@example.org for specific guidance.
NIV Interview Waiver: The interview waiver program has been expanded to include those renewing for biometrics/fingerprints only , applicants ages below 14 and over 79 , F, M, and academic J visa applicants , and seafarer / airline crew visa reissuance.
Expedited Appointment Requests: Expedite requests for emergency travel may be submitted via our website at http://www.ustraveldocs.com/ph/ph-niv-visaapply.asp. Please note that the applicant will need to book a regular appointment through our appointment system before requesting an expedited appointment through http://www.ustraveldocs.com/ph/ph-niv-expeditedappointment.asp . Previous and/or current interview waiver applicants are not qualified to submit expedite requests.
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- If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
- Collection actions continue and you can be sued if you are in debt settlement.
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For the month of July 2022, we received approvals from USCIS five naturalization applications, two Fiancée visa petition, four removals of condition on residence and four adjustment of status applications.
Note: This is not a legal advice.
Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy, personal injury and income tax problems since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/