Petition for Widow(er)s

This guide is intended for widowed immigrants seeking to obtain an immigration benefit through their deceased spouse.

TPS Termination for Sudan

USCIS has issued the following press release regarding the termination of Temporary Protected Status for Sudanese nationals. 

WASHINGTON—Acting Secretary of Homeland Security Elaine Duke has determined that conditions in Sudan no longer support its designation for Temporary Protected Status (TPS) after reviewing country conditions, and after Department of Homeland Security (DHS) officials’ consultations with the appropriate U.S. government agencies. Acting Secretary Duke is extending benefits for beneficiaries of Sudan TPS for 12 months to allow for an orderly transition before the designation terminates on Nov. 2, 2018.

Current beneficiaries of Sudan’s TPS designation seeking to extend their TPS status must re-register. The deadline will be published in the Federal Register and on www.uscis.gov/tps later this week. Those who re-register and request a new employment authorization document (EAD) may receive an automatic extension of their expiring EAD for up to 180 days from the date their current EAD expires. If a beneficiary’s EAD request is approved, they will receive a new EAD with an expiration date of Nov. 2, 2018. TPS beneficiaries are strongly encouraged to re-register and file their EAD applications as early as possible to avoid lapses in documentation of employment authorization.
Although TPS benefits will no longer be in effect starting Nov. 2, 2018, TPS beneficiaries will continue to hold any other immigration status that they have maintained or acquired while registered for TPS. The Department of Homeland Security urges individuals who do not have another immigration status to use the time before the termination becomes effective in November to prepare for and arrange their departure from the United States or to apply for other immigration benefits for which they may be eligible.

Amerasian Living in the U.S.

Generally

U.S. law allows a person who was born in Korea, Vietnam, Laos, Kampuchea (also known as Cambodia), or Thailand between January 1, 1951 and October 21, 1982 and fathered by a U.S. citizen to acquire permanent residence.

 

Eligibility

You may be eligible to receive a green card as an Amerasian if the following conditions are met: 1. You were born in Korea, Vietnam, Laos, Kampuchea, or Thailand between January 1, 1951 and October 21, 1982 and were fathered by a U.S. citizen 2. You have a financial sponsor in the United States who is 21 years of age or older, of good moral character, and is either a U.S. citizen or permanent resident 3. You are admissible to the United States 4. An immigrant visa is immediately available to you

3

Living Inside the U.S.

You may file Form I-485, Application to Register Permanent Residence or Adjust Status, either after you file your Form I-360 or at the same time (concurrently) as the Form I-360. You should submit the following evidence with your Form I-485: Two passport-style photos Form G-325A, Biographic Information Copy of government issued photo identification Copy of birth certificate Copy of passport page with nonimmigrant visa (if applicable) Copy of passport page with admission (entry) stamp (if applicable) Form I-94, Arrival/ Departure Record (if applicable) Form I-693, Report of Medical Examination and Vaccination Record Form I-360, if filing concurrently (at the same time). If Form I-360 was previously submitted and is either pending or approved, provide the Form I-360 receipt notice or approval letter (Form I-797, Notice of Action) Affidavit of Support, if not submitted with Form I-360 Applicable fees

Widows Living Outside of the U.S.

This guide is intended for widowed immigrants seeking to obtain an immigration benefit through their deceased spouse.

Widow(er) Work Permit

Amerasian Work Permit

Amerasian Living Outside the U.S.

Petition for Amerasian

This guide is intended for Amerasian immigrants seeking to acquire U.S. status.

Visa Bulletin September 2017

The Visa Bulletin provides updated priority date information for family-based and employment-based green cards.
Immigrants to the US are classified into two categories – those requiring placement on a waiting list and those not through their relationship to a US immediate relative. Further, there are numerical quotas on the green cards that require a priority date. If the number of applicants in a year is over the available visa numbers, those applicants are placed on a waiting list and are given a priority date, which estimates when an applicant would get a visa based on the number of previous applicants on the waiting list.

Below are preference category information and visa allocations.

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

Below is the link for the Visa Bulletin for September 2017.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-September-2017.html

For more information, contact ALO at 978-905-9992.

USCIS Resuming H1B Premium Processing 

USCIS has issued the following press release regarding H1B premium processing petitions.

U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa petitions subject to the Fiscal Year year (FY) 2018 cap. The FY 2018 cap has been set at 65,000 visas. Premium processing has also resumed for the annual 20,000 additional petitions that are set aside to hire workers with a U.S. master’s degree or higher educational degree.

H-1B visas provide skilled workers for a wide range of specialty occupations, including information technology, academic research, and accounting. When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-day processing time. If the 15- calendar day processing time is not met, the agency will refund the petitioner’s premium processing service fee and continue with expedited processing of the application. This service is only available for pending petitions, not new submissions, since USCIS received enough petitions in April to meet the FY 2018 cap.
In addition to today’s resumption of premium processing for H-1B visa petitions subject to the FY 2018 cap, USCIS previously resumed premium processing H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program, as well as interested government agency waivers and for certain H-1B petitions that are not subject to the cap. Premium processing remains temporarily suspended for all other H-1B petitions, such as extensions of stay.