Becoming a USC

If you meet certain requirements, you may become a U.S. citizen either at birth or after birth.

To become a citizen at birth, you must:

  • Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR  
  • had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements

To become a citizen after birth, you must:

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

H2B Additional Cap Reached

USCIS has received enough petitions to reach the additional maximum 30,000 visas made available for returning workers under the H-2B numerical limit for fiscal year (FY) 2019.

USCIS began accepting H-2B petitions on May 8 under the temporary final rule increasing the cap by up to 30,000 additional H-2B nonimmigrant visas for returning workers through the end of FY 2019. 

USCIS will reject and return any cap-subject petitions received after June 5, together with any accompanying filing fees.

USCIS will continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for:

Current H-2B workers in the United States petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;

Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and

Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam from Nov. 28, 2009, until Dec. 31, 2029.

USCIS Annual Report

USCIS has released the Fiscal Year 2018 Statistical Annual Report (PDF, 4.48 MB), which provides statistical information on the most popular programs administered by the agency. The report also provides insight into the scope of USCIS’ work, which involves adjudicating millions of applications and petitions for immigration benefits annually. See the report here: https://www.uscis.gov/sites/default/files/USCIS/statistics/2018_USCIS_Statistical_Annual_Report_Final_-_OPQ_5.28.19_EXA.pdf

Replacing Passport

Passports that have water damage can no longer be used and should be replaced.  You must apply in person to replace a damaged passport at an acceptance facility or at a passport agency. You will need the following: 

  1. The damaged U.S. passport
  2. A signed statement explaining the damage
  3. Form DS-11 (Application for U.S. passport)
  4. Citizenship evidence*  (e.g. birth or naturalization certificate)
  5. A photocopy of citizenship evidence
  6. Present ID (in person)
  7. A photocopy of ID
  8. One passport photo
  9. Fees

Children under 16 must apply in person with both parents. See Children Under 16 for more information.

AOS Filing Chart 06/01

If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, USCIS will state whether you may use the Dates for Filing Visa Applications.

Otherwise, they will indicate that you must use the Application Final Action Dates to determine when you may file your adjustment of status application.

See the following link here for the month of June 2019:

https://www.uscis.gov/visabulletininfo

Visa Bulletin 06/19

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 June 2019.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2019/visa-bulletin-for-June- 2019.html

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

Foreign Travel Advisories

The U.S. Department of State issues Travel Advisories for every country around the world, offering standardized levels of advice based on established risk indicators such as crime, terrorism, civil unrest, natural disasters, health, and other potential risks.  The Travel Advisories for 35 countries have been updated to include a “K” indicator for the risk of kidnapping and/or hostage taking:  Afghanistan, Algeria, Angola, Bangladesh, Burkina Faso, Cameroon, Central African Republic, Colombia, Democratic Republic of the Congo,  Ethiopia, Haiti, Iran, Iraq, Kenya, Lebanon, Libya, Malaysia, Mali, Mexico, Niger, Nigeria, Pakistan, Papua New Guinea, Philippines, Russian Federation, Somalia, South Sudan, Sudan, Syria, Trinidad and Tobago, Turkey, Uganda, Ukraine (in Russian-controlled eastern Ukraine), Venezuela, and Yemen.

TPS Sudan

USCIS has announced that current beneficiaries of Temporary Protected Status (TPS) under South Sudan’s designation who want to maintain their status through the 18-month extension period ending on Nov. 2, 2020, must re-register between April 5, 2019 and June 4, 2019. 

Re-registration procedures, including how to renew employment authorization documents (EADs), have been published in the Federal Register and are available at uscis.gov/tps. All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an EAD by submitting Form I-765, Application for Employment Authorization, when they file Form I-821 or separately at a later date. Like all USCIS forms, both forms are free for download from the USCIS website at uscis.gov/forms.

DHS/DOL Rule on Returning Workers

The Department of Homeland Security (DHS) and the Department of Labor (DOL) have published a joint rule making available an additional 30,000 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2019. These supplemental H-2B visas are available only to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years (FY 2016, 2017, or 2018), and availability is restricted by prioritizing only those businesses who would suffer irreparable harm without the additional workers.

Starting May 8, 2019, eligible petitioners can file Form I-129, Petition for a Nonimmigrant Worker, seeking these additional H-2B workers and must submit a supplemental attestation on Form ETA 9142-B-CAA-3 (PDF) with their petition. Details on eligibility and filing requirements are available in the final rule and on the Increase in H-2B Nonimmigrant Visas for FY 2019 page

Priority Date Info

Many of our clients have questions about their priority dates. If your Priority Date meets the most recent Cut-off Date (becomes current) and your petition is ready to begin processing at the NVC then you are ready for the next phase of your immigration processing. As your Priority Date gets closer to the Cut-off Date and is likely to be current soon, NVC will contact you to start processing. Learn more by reviewing the Visa Bulletin.