A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

Contact: 732-632-9888, http://www.1visa1.com/

Wednesday, March 6, 2024

How to handle delays of immigration applications

 

Photo by Andrea Piacquadio


Over the years, our law office has received many inquiries from the public about their pending immigration petitions and applications. The most common questions are about delays or "lack of updates" of their filings.  Yes, it is indeed frustrating not to know what is going on with one's immigration petition for a family member, maybe a fiancĂ© or spouse.  Other filings, such as H-1B petitions and work authorization applications, are also time-sensitive and critical for the applicant to be able to work legally. 

Planning is the Key

As we constantly remind our clients, the U.S. immigration processes are complicated and lengthy. One must have a plan and also some backup plans from the beginning.  It is also important to understand the timeline of each application and plan accordingly.  Although USCIS allows the use of "premium processing services" in some applications for additional fees, most immigration petitions are processed based on a "first come, first served" basis, and also based on visa availability. Early planning is the key to a satisfactory outcome.

Following up and Checking the Processing Times

We sometimes get calls from people who said something like: "I filed this application about 10 years ago, and I want to know what's happened to it."  However, they do not have a filing receipt or the case number.  After submitting any application, make sure that you receive filing receipt notice (I-797) from USCIS.  Keep this notice in a safe place. The receipt number allows you to check your case status and also the normal processing times in USCIS.gov  Immigrant visa availability is based on the monthly Visa Bulletin published by the Department of State.  

Reporting changes in address and personal info

Following up also means that you must report any changes in your address and contact information to the government agencies such as USCIS, National Visa Center, etc.  The government agencies would continue to send notices and information to your old address if you fail to report it.  Also changes in marital status and addition of family members must also be reported as soon as possible.

When and How to Ask Questions

If your case is delayed beyond the normal processing times, or if you just have questions about it, you can contact USCIS Customer Service at 1-800-375-5283, (or 1-212-620-3418 from outside the U.S.).  USCIS also have a chatbot called "Ask Emma", that can answer public inquiries. If you believe that the case is unreasonably delayed, you may also submit an Online Case Inquiry through the USCIS website.  For those who are able to use computers, they may also write a letter to USCIS, via certified mail.  One may also call the USCIS Contact Center to schedule an "InfoPass Appointment" to speak to a local immigration officer.   

Seeking help from the USCIS Ombudsman and Congressional Members

The CIS Ombudsman (1-855-882-8100) serves as a third-party liaison between the public and USCIS. One may seek help from them if USCIS is unresponsive to their inquiries. Similarly, local members of the Congress may also make inquire about a case on your behalf with the USCIS, although responses to Congressional members are usually routine in most cases. 

Seeking Legal Assistance from Professionals

If all these steps seem complicated and confusing, you may seek help from an experienced immigration attorney.  Navigating through the U.S. immigration system can be daunting and time-consuming for many individuals.  It is better to seek help from an experienced professional lawyer who can offer proper advice and guidance.  

Although most case delays can be resolved through normal administrative steps, one may have to resort to legal actions in some situations.  For example, a person may file a mandamus action with the federal court to require a government agency to perform their official duties, such as processing and adjudicating immigration applications.  These legal actions are extremely complicated and should be handled by experienced attorneys. 

Conclusion

In sum, given the ever-rising number of immigration filings each year in the U.S., processing delays and other unexpected issues are inevitable. Careful planning and diligent followup actions are essential to ensure timely and proper adjudication of one's immigration filings. 


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  





Friday, February 23, 2024

Reminder: Premium Processing Fees Will Increase on Feb. 26, 2024

 


USCIS has scheduled to increase the premium processing service fees for several applications.  

On February 26, 2024, the premium processing service fees will be increased as follows:

Form I-140:  from $2500 to $2805

Form I-129:  from $2500 to $2805; 

Form I-129 (H2B and R-1 only): from $1500 to $1685  

Form I-539:  from $1750 to $1965

Form I-765 (F-1 OPT): from $1500 to $1685


If an application or petitioner elects to use premium processing service, USCIS will review and adjudicate their immigration applications faster than normal. The current premium processing schedule is as follows:

  • 15 calendar days for most classifications including I-129 (H, L, etc.) and most I-140s 
  • 30 calendar days for Form I-765 for F-1 students seeking OPT or STEM OPT extensions;
  • 30 calendar days for Form I-539 applicants requesting a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status, after all prerequisites, including receipt of biometrics, have been met;
  • 45 calendar days for Form I-140 E13 multinational executive and manager and Form I-140 E21 national interest waiver classifications


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  


March 2024 Visa Bulletin: EB-1 India and China Advances Modestly


USCIS will continue to honor the dates in the Filing Date Chart for filing of family-based I-485 applications, and switch to the Final Action Date Chart for employment-based I-485s in March. 

AD: Dates for Final Action (Green Card Approval)  

FD: Dates for Filing Applications Only

Family-based 

Other Countries

China

India

Mexico

Philippines

F1

AD

02/08/2015

02/08/2015

02/08/2015

05/01/2001

03/01/2012

FD

09/01/2017  

09/01/2017

09/01/2017

04/01/2005 

04/22/2015

F2A

AD

06/22/2020 

06/22/2020

06/22/2020   

06/15/2020

06/22/2020

FD

09/01/2023   

09/01/2023

09/01/2023

09/01/2023

09/01/2023

F2B

AD

11/22/2015

11/22/2015

11/22/2015

10/22/2003     

 10/22/2011

FD

01/01/2017

01/01/2017

01/01/2017

08/01/2004

10/01/2013

F3

AD

10/01/2009    

10/01/2009

10/01/2009

09/08/1998

06/08/2002

FD

03/01/2010

03/01/2010

03/01/2010

06/15/2001

11/08/2003

F4

AD

06/08/2007 

06/08/2007

12/15/2005   

10/15/2000

06/15/2003

FD

03/01/2008    

03/01/2008

02/22/2006

04/15/2001

04/22/2004


1st: Unmarried Sons and Daughters of Citizens (about 23,400 per year).
2A: The 2 “A” preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 “B” Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens (about 23,400 per year)
4th: Brothers and Sisters of Adult Citizens. (about 65,000 per year)


Employment

Other Countries

China

India

Mexico

Philippines

EB1

AD

C

07/15/2022

 10/01/2020

C

C

FD

C

01/01/2023

01/01/2021

C

C

EB2

AD

11/22/2022

01/01/2020

03/01/2012

11/22/2022   

11/22/2022

FD

02/15/2023

06/01/2020

05/15/2012

02/15/2023

02/15/2023

EB3

AD

09/08/2022

09/01/2020

07/01/2012

09/08/2022

05/01/2022

FD

02/01/2023

07/01/2021

08/01/2012

02/01/2023

01/01/2023

Other Workers

AD

09/08/2020

01/01/2017

07/01/2012

09/08/2020

05/01/2020

FD

12/15/2020

06/01/2017

08/01/2012

12/15/2020

05/15/2020

EB4

AD

12/01/2019

12/01/2019

12/01/2019

12/01/2019

12/01/2019

FD

09/01/2019

09/01/2019

09/01/2019

  09/01/2019

09/01/2019

EB5

AD

C

12/15/2015*

12/01/2020*

C

C

FD

C

01/01/2017

04/01/2022

C

C



1st: Priority Workers (Extraordinary ability aliens, multinational companies' executives/managers, outstanding prof./researchers)
2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.
3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)
4th: “Special Immigrants” (Religious & others)
5th: Employment Creation (Investors)
*China and India EB-5 visa numbers for rural, high unemployment & infrastructure areas/projects are current.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  


Thursday, February 1, 2024

Most Immigration Filing fees To Increase on April 1st

 


The Department of Homeland Security (DHS) has finalized fee changes for almost all immigration applications and petitions, and a majority of them are increases. The most substantial increases are the filing fees for I-129 petition for non-immigrant workers, H-1B cap registration fee (effective in FY 2026), and EB-5 related applications. A new asylum fee is added to the existing I-129 filing fees.

The filing fee for I-130 family-based visa petition will increase 26% to $675.  For I-485 adjustment application with biometric services, the filing fee will increase to $1,440.  The filing fee for I-751 Petition to Remove Conditions will increase 26% to $750; for N-400 (with biometrics) to $760.  

The fees adjustments vary for paper filings and online filings. Small employers and nonprofits also enjoy some discount in fees. USCIS actually offers about $50 discount for some applications filed online. The following table represents the fee changes for some of the most common applications, if filed in paper.  

Selected Paper Filing Fee Changes
  

Form

Immigration benefit

Current fee ($)

New fee ($)

N-400

Naturalization with biometrics

725

760

N-600

Application for Certificate of Citizenship

1,170

1,385

N-600K

Application for Citizenship and Issuance of Certificate Under Section 322

1,170

1,385

I-90

Replace Permanent Residence Card with biometrics

540

465

I-102

Replacement/Initial Nonimmigrant Arrival-Departure Document

445

560

I-212

Permission to Reapply for Admission

into the U.S. After Deportation or Removal

930

1,175

I-290B

Notice of Appeal or Motion

675

800

I-131

Travel Document with biometrics

660

630

I-765

Employment Authorization

410

520

I-485, I-765, & I-131

Application to Register Permanent Residency or Adjust Status, Employment Authorization, & Travel Document

1,225

2,195

I-539

Extend/Change Nonimmigrant Status with biometrics

455

470

I-751

Remove Conditions on Residence

680

750

I-129 for L    

L applications by large/small employers

460

1385/695

I-129 for O

O applications by large/small employers

460

1055/530

I-129 for H 

I-129 H-2A - Unnamed Beneficiaries

460

425

I-129 for H1B

Employers with 25 or few employees (fraud fee and ACWIA fee additional)

460

460 + 300 asylum fee

I-129 for H1B

Employers with 26 or more employees (fraud fee and ACWIA fee additional)     

460

780 + 600 asylum fee

I-130 

Petition for Family Immigration

535

675

I-129F

Petition for Alien Fiancé(e)

535

675

I-140

Immigrant Petition for foreign Worker (asylum fee: small employers $300; other employers - $600)

700

715 + 300/600 asylum fee

I-601

Waver of Ground of Excludability

930

1050

I-601A

Application for Provisional Unlawful Presence Waiver

630

795


* Note: Asylum fees are waived for non-profit petitioners.