On March 16th, the Department of States’ Chief of Visa Control and Reporting, Charlie Oppenheim,  informed guests of the American Immigration Lawyers Association’s Midwest Regional Conference in Chicago that he expected Employment-Based Second Preference priority dates to retrogress for immigrants born in India and mainland China. The Department of State’s April 2012 Visa Bulletin lists [...]

If passed, the StartUp Visa Act of 2011 would create an opportunity for immigrant entrepreneurs to bring their innovative business plans to the United States. It would add to the number of immigrant visas issued every year, but would draw from the number of visas already allocated to the EB-5 visa classification. In recent years, only half of the yearly allotment of visas in the EB-5 category has been issued. In theory, the implementation of the Act would help stimulate the U.S. economy by attracting a greater number of talented entrepreneurs who may not have qualified for immigrant visas before due to financial limitations.

The LIFE Act of 2000 creates an opening for applicants looking to adjust status to that of lawful permanent resident that may otherwise be ineligible at this time. The applicant must be the beneficiary of a qualifying immigrant visa petition that was properly filed and approvable at the time of filing. The petition must have been filed prior to April 30, 2001. Through the LIFE Act, beneficiaries of such petitions could be eligible for adjustment of status regardless of the manner in which they entered the country, whether or not they worked in the United States without authorization, and whether or not they failed to continuously maintain lawful status since entering the country. The Act, however, should not be seen as blanket amnesty, as it does not waive all grounds of inadmissibility and does not guarantee forgiveness of the grounds listed above.

Summary: Immediate family members (spouses and children under the age of 21) of immigrant visa holders may follow to join the principal beneficiary of an approved immigrant visa petition in a derivative visa status. The form I-824, Application for Action on an Approved Application or Petition, should be used to notify the U.S. consulate in the beneficiary’s country of citizenship that his or her visa petition has been approved and that his or her family members are applying for derivative visas in order to follow to join.

Form I-140 filed alone or together with an Application to Register Permanent Residence or Adjust Status (Form I-485) should be filed at the USCIS Dallas Lockbox facility, or at the USCIS Nebraska or Texas Service Centers, depending on the classification for which the petition is being filed.  Forms I-140 for skilled workers (marked “f” in [...]