August 2016 visa news

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Legal Matters
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

The benefits of filing earlier is the applicant can get a working authorization with the chance of travel outside the United States.

In the August 2016 bulletin, the F2B priority date for Final Action advanced by ten weeks, while 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 three months each.

On the Filing of Application dates, the F1 and F4 Family based preferences moved up by three months each. The Employment based preferences filing dates moved up by three years to January 1, 2013.

A. APPLICATION FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES – These dates are consistent with prior visa bulletin priority dates.
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 Mar 22, 2005
(Application filing date is for priority date earlier than Dec. 22, 2005)
2. Second Preference:
a. Spouses and Minor Children of Permanent Residents Nov 15, 2014
(Application filing date is for priority date earlier than Nov 22, 2015)
b. Unmarried Sons and Daughters 21 years and over of
Lawful Permanent Residents Sep 15, 2005
(Application date is for priority date earlier than Feb 1, 2006)
3. Third Preference – Married Sons and Daughters of Citizens Mar 15, 1994
(Application date is for priority date earlier than Aug 1, 1995)
4. Fourth Preference – Brothers and Sisters of Adult Citizens Feb 01, 1993
(Application date is for priority date earlier than Jul 15, 1993)
Employment Based Preferences:
1. First Preference – Priority Workers Current
2. Second Preference – Advanced Degree Professionals Feb 01, 2014
3. Third Preference – Skilled Workers & Professionals May 15, 2009
(Application date is priority date earlier than Jan. 1, 2013)
Unskilled – Other Workers May 15, 2009
(Application date is priority date earlier than Jan. 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 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.
2. 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.
3. On April 28, 2016, we received an approval of PERM for a client who is employed in the Philippines.
4. 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.
5. On April 11, 2016, we received an approval from USCIS for adjustment of status for a client who used a different name on her passport.
6. On April 5, 2016, we received an approval from USCIS for petition by son to a father. The son was born out of wedlock and the father’s name was not on his birth certificate.
7. On March 8, 2016, we received an approval of immigrant visa for a former crewman with whom we filed for provisional waiver.
8. On February 3, 2016, we received an approval from USCIS of naturalization for client who has an approved waiver of misrepresentation.
9. On January 28, 2016, we received an approval from USCIS for an I-360 self petition for abused spouse of U.S. citizen.
10. On January 26, 2016, we received an approval from USCIS for an adjustment of status for client with big age difference with the U.S. citizen spouse based on good faith marriage.
11. On December 18, 2015, we received an approval of petition for adoption that was previously denied because client did the petition by them.
12. On December 11, 2015, we received an approval of DACA for a client who was in removal proceedings.
13. On December 4, 2015, we received an approval of adjustment of status for a client who has three different names.
14. On November 20, 2015, we received an approval of adjustment of status for a client who was suspected of marriage by convenience.
15. We have more success stories at our website at www.crispinlozanolaw.com

Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and the National Association of Consumers Bankruptcy Attorneys, and the Consumers Attorneys Association of Los Angeles. He specializes in immigration law, personal injury and bankruptcy law. He is also a CPA and a licensed Real Estate Broker. (crispinlozano@gmail.com/ 1-877-456-9266)

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