February 22, 2022in Strategies

Green Card Backlog: Could choosing consular processing be your solution?

The journey to obtaining your green card can be a long process. The COVID-19 pandemic has caused backlogs for all USCIS petitions but significantly affected those who wish to adjust to permanent residency within the United States. Some adjustments are taking up to two years to process in certain service centers.

In recent months, as the pandemic is seemingly winding down and other countries are beginning to soften their COVID-19 regulations, we have seen a decrease in interview wait times at some foreign consulates. Now the question is: is consular processing going to be the quickest pathway to obtaining your green card?

By analyzing the projected wait times on the USCIS website, it is easy to compare them to the processing times listed on the Department of State’s website, specific to each consulate. Below we have provided two charts that can be used to compare processing times for our clients from the United Kingdom who are filing under the “US citizen filing for spouse, parent, or child category”:

Family Based Adjustment of Status within the United States

*FORM NAME*	*DISCRIPTION OF BENEFIT SOUGHT*	*ESTIMATED PROCESSING TIME*
Form I-130	Application Alien Relative	13 – 18.5 months
Form I-485	Application for Adjustment of Status to a Permanent Resident of the United States	12 – 28.5 months
Form I-131	Application for Travel abroad while I-485 is pending with USCIS	11 – 15 months
Form I-765	Application for Employment Authorization while I-485 is pending	11.5 – 15 months

Consular Processing Green Card Process

*PROCESS NAME*	*DISCRIPTION OF BENEFIT SOUGHT*	*ESTIMATED PROCESSING TIME*
Form I-130	Application Alien Relative	13 – 18.5 months
Transfer from USCIS to the NVC	If a visa is available to you USCIS will send your petition to the National Visa Center	4 – 8 weeks
NVC Case Creation and payment of fees	Once the NVC receives your petition they will open up a case for you. This will prompt you to pay the necessary NVC fees.	2 – 6 weeks
Submit DS-260 application and supporting civil documents	Once you have submitted all the necessary documents the NVC will again review the application and documents	3 – 4 months

If you have questions about whether choosing consular processing could be a better option for you than filing an I-485 adjustment, reach out to us at info@challalaw.com.

January 25, 2022in Uncategorized

USCIS Announces Green Card Goals and Interfiling Guidelines

USCIS Announces Green Card Goals and Interfiling Guidelines

USCIS updated the Green Card for Employment-Based Immigrants page with an alert about green card processing, noting the “exceptionally high number” of visas available and the Department’s goal for using all visa numbers prior to the start of the new fiscal year on October 1, 2022. On the same page, USCIS also noted updated guidelines for requesting a transfer of underlying basis, also commonly known as “interfiling” for Form I-485. USCIS notes the requirements for requesting a transfer of basis and establishes an address to where the requests should be directed.

From USCIS:

ALERT: There are an exceptionally high number of employment-based visas available this fiscal year (October 2021 through September 2022).

There are an exceptionally high number of employment-based visas available this fiscal year (October 2021 through September 2022). In partnership with the U.S. Department of State, we are committed to attempting to use all these visa numbers. There are many more visas available in the first (priority workers) and second (workers with advanced degrees or of exceptional ability) employment-based categories than pending adjustment of status applications pending with USCIS.

If you are eligible, please consider applying in the first or second employment-based preference categories. If you have a pending adjustment of status application based in the third employment-based preference category but also have a pending or approved petition and an available visa in the second employment-based preference category, we strongly encourage you to request that USCIS “transfer the underlying basis” of your pending application to the second employment-based preference category.

For more information, please see the section called “Transfer of Underlying Basis” below.

You may be eligible to request to transfer the underlying basis of your Form I-485, Application to Register Permanent Residence or Adjust Status, to a different employment-based immigrant category based on another Form I-140, Immigrant Petition for Alien Workers. USCIS may, in its discretion, grant a transfer request, if:

You have continuously maintained eligibility for adjustment of status;
Your adjustment of status application based on the original Form I-140 is still pending;
You are eligible for the new immigrant category; and
You have a visa immediately available in the new immigrant category.

You must request in writing that USCIS transfer your pending Form I-485 from one basis to another category. For Fiscal Year 2022, USCIS has created a new point of contact that should be used to request a transfer of the underlying basis of employment-based Form I-485s. Through September 30, 2022, you may submit your written request, with a completed I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)(if required), to the following address:

U. S. Department of Homeland Security
USCIS Western Forms Center
10 Application Way
Montclair, CA 91763-1350

USCIS strongly encourages applicants to send their transfer requests to the above address. If you have already submitted a transfer of underlying basis request to a USCIS office, you should not submit a new request to this address. All requests to transfer the underlying basis already received or that will be received this fiscal year at a USCIS office will be processed as usual by the USCIS office with jurisdiction over your pending Form I-485.

The purpose of the Supplement J is to confirm the validity of the job offered to you in the petition you want to use as the basis for your transfer request.

If you are requesting to transfer your underlying basis to a previously filed and approved Form I-140, you must submit I-485 Supplement J with your transfer request.
If you are requesting to transfer your underlying basis to a Form I-140 that remains pending, you do not need to submit I-485 Supplement J.

USCIS does not provide a written response to transfer requests. However, USCIS will issue receipt notices for the Supplement J.

You do not have to submit a new adjustment of status application or filing fee with a request to transfer the underlying basis of your Form I-485 from one petition to another. For more information on transferring the underlying basis of your Form I-485, see theUSCIS Policy Manual.

NOTE: If you are requesting a transfer of underlying basis that is not a transfer from one employment-based petition to another employment-based petition, you should continue to submit your transfer request, in writing, to the USCIS office with jurisdiction over your pending application.

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October 1, 2021in Uncategorized

Tracking Your Green Card or EAD

How to Track Delivery of Your Green Card, Employment Authorization Document (EAD), and Travel Document

Expecting to receive your green card, EAD, or Advance Parole travel document? You may be able to view tracking information online. USCIS advises that you:

1. Sign up for a Case Status Online account to get automatic case updates, including your U.S. Postal Service (USPS) tracking number when we mail your card or travel document.

2. Register for Informed Delivery through USPS to get daily images of mail being sent to you. With Informed Delivery, you can:

Automatically track the packages you’re expecting
Set up email and text alerts
Enter USPS Delivery Instructions™ for your mail carrier

If your USPS tracking information shows your package was delivered but you have not received it, contact your local post office immediately. Remember, USCIS mails your card or travel document to the address you provided on your application (unless you told us to mail it your representative on Form G-28, Notice of Entry or Appearance as Attorney or Accredited Representative).

If your mailing address changes after you file your application, you must update your address with USCIS and USPS as soon as possible. We recommend you use the USPS Look Up a ZIP Code tool to ensure that you give USCIS your full address using the standard abbreviations and formatting recognized by USPS.

If you don’t update your address promptly, your case could be delayed, your document(s) could get lost, and you may need to reapply and pay the fee again. You can continue to use Informed Delivery to track and manage the delivery of your package.

Connecting with Challa Law Group

Join us on Wednesdays for a live webinar at 12 PM ET on critical immigration updates

Don’t miss out on the immigration news! You can sign up for our mailing list or follow us on Facebook, Twitter, Instagram, YouTube, or LinkedIn. You can also join our Telegram community.

September 15, 2021in Uncategorized

October 2021 Visa Bulletin Released

The Department of State released the first Visa Bulletin for the new fiscal year. USCIS confirmed it will use the Dates for Filing chart for the month of October. This allows applicants with later priority dates to file their Adjustment of Status applications, along with applications for Advance Parole and an Employment Authorization Document (EAD).

Employment-Based Highlights

Dates for Filing – EB-2 progressed by approximately 6 months
Dates for Filing – EB-3 retrogressed by almost 2 months

DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

Visa Availability in the Coming Months (Predictions Through January 2022)

No movement expected in F1, F2B, F3, and F4 family-based categories. F2A will likely remain current.
EB-1 will remain current worldwide and for India and China
EB-2 will be current worldwide, with “up to several months” of movement expected for China and India
EB-3 – Final Action Date could be imposed worldwide as early as November
- China: retrogression could occur as early as November
- India: retrogression could occur as early as November
- Mexico: Final Action Date could be imposed as early as November
- Philippines: Final Action Date could be imposed as early as November
EB-4 will remain current for most countries, limited (if any) movement expected for Mexico, El Salvador, Guatemala, and Honduras
EB-5 will remain current for most countries, no forward movement for China

The Department of State’s Chief of the Visa Control division, Charles Oppenheim will host “Chats with Charlie” on the @TravelGov YouTube channel at 1 PM EST, September 15, 2021.

Next Steps

If you are current using the Dates for Filing chart, contact us immediately to get your case started. Considering an EB-2 to EB-3 “downgrade” to take advantage of the movement? Join our weekly webinars and get your questions answered!

REQUIRED DOCUMENTATION

International Travel: Please advise our office if you have planned or anticipate any international travel in the next twelve months.

If you have ever been arrested in the U.S. or another country, please disclose to our office immediately so that our office can best represent you.

Copy of Foreign Passport (and expired passport if it includes immigration history)
Most recent I-94
Copy of all prior immigration documentation (I-797s, I-20s, DS-2019s, I-601 waiver, etc.)
Copy of Employment Authorization Document (EAD) work cards
Copy of Birth Certificate
Copy of Marriage Certificate
For prior marriages, copy of marriage certificate and evidence of legal termination (divorce decree or death certificate)
Police Certificates – ONLY REQUIRED FOR CONSULAR PROCESSING (Must be obtained for any arrests in the U.S. or in another country.)
Documentation of any criminal arrests, convictions, etc. (REQUIRED IF APPLYING FROM U.S.)
Certificates of citizenship to other countries other than country of birth
Copy of any U.S. federal tax returns for three most recent years
Copy of any W-2 statements for three most recent years (or covering all years of employment for an employer-sponsored green card)
Copy of paystubs for six most recent months
Six (6) U.S. passport-style photos
Civil Surgeon Medical Exam – Form I-693 (sealed in an envelope with full name printed on the outside; must be submitted to USCIS within 60 days of physician’s signature)
- Reminder: USCIS to Require COVID-19 Vaccines for Applicants
I-485 Supplement J for employment-based cases (signed by original petitioning employer demonstrating continued offer of employment)
USCIS Filing Fees and Legal Fees

Any document not in English must be accompanied by a certified English translation.

Connecting with Challa Law Group

Join us on Wednesdays for a live webinar at 12 PM ET on critical immigration updates

Don’t miss out on the immigration news! You can sign up for our mailing list or follow us on Facebook, Twitter, Instagram, YouTube, or LinkedIn. You can also join our Telegram community.

AOS

Green Card Backlog: Could choosing consular processing be your solution?

USCIS Announces Green Card Goals and Interfiling Guidelines

Transfer of Underlying Basis

Tracking Your Green Card or EAD

How to Track Delivery of Your Green Card, Employment Authorization Document (EAD), and Travel Document

October 2021 Visa Bulletin Released

Next Steps

REQUIRED DOCUMENTATION

International Travel: Please advise our office if you have planned or anticipate any international travel in the next twelve months.

Connecting with Challa Law Group

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