Category Archives: Family Immigration Petitions

Asylum, Domestic Violence Victims and Credibility Hearings

By:  Coleman Jackson, Attorney
December 15, 2016

Asylum, Domestic Violence Victims and Credibility Hearings

Any foreign person who is physically present in the United States of America or who arrives here or is brought here regardless of their legal status may apply for asylum complying with the requirements set forth in 8 U.S.C.A.  §1158, Immigration and Nationality Act §208.

The foreign person seeking asylum bears the responsibility to establish that they are a refugee, within the meaning of U.S. Immigration Law.  Credible evidence will need to be presented that shows that the foreign person is a refugee within the meaning of the Immigration and Nationality Act under one or more of the following categories:

  1. RACE;
  2. RELIGION;
  3. NATIONALITY;
  4. MEMBERSHIP IN A PARTICULAR SOCIAL GROUP;  or
  5. POLITICAL OPINION

Asylum seekers must allege and demonstrate that at least one of the listed categories is the central reason for the past, or perceived future persecution in their homeland.  One of these five categories must be central to the asylum seekers’ past persecution or credible fear of persecution upon returning home.

In this blog post, we will limit our discussion of asylum to the asylum seekers membership in a particular social group.  In modern times in U.S. asylum law, victims of domestic violence have had success filing for asylum under the membership in a particular social group category.  This category has been used to apply for asylum based on gender-based persecution, such as, forced marriages, child marriages, female genital cutting, rape, domestic violence and sexual crimes against the victim.

If a foreigner enters the United States and claims persecution as a member of a particular social group, U.S. Department of Homeland Security examining officers at the border must conduct a credibility screening.  The standard used at the credibility screening is very low.  At this credibility screening the examining officer is not to make eligibility determinations or weigh the evidence or decide the credibility of the asylum seeker’s claims or statements.  The examining officer must decide whether to refer the asylum seeker for a credibility determination hearing or send them back to their homeland.  If the examining officer finds that the asylum seeker’s claim is not credible, they must expedite the removal of the foreigner’s return to their home country.  If the examining officer decides that the claim is credible, they must refer the case for a full asylum credibility hearing; the referring officer must give the asylum seeker Form M-444 and explain the purpose of the credibility determination hearing.  The asylum seeker may have legal representation at the credibility determination hearing.  In the credibility determination hearing, the demeanor, candor, and responsiveness of the asylum applicant (and witnesses, if any) are all relevant.  The basic logic and plausibility of the applicant’s or witness’s story are relevant to making the credibility determination.  Consistency in the applicant’s, witnesses’ oral and written accounts is extremely important factors in a credibility determination.  U.S. Department of State country condition reports are also used in asylum credibility determination hearings.

Even if the asylum seeker has a credible fear of persecution based on membership in a particular social group, their asylum application can still be impeded and denied pursuant to any of the factors listed in INA  §208(2)(A) and INA §208(2)(B).

In the event the asylum officer grants the asylum seekers application based on their membership in a particular group, the foreigner enjoys the following immigration benefits:

  1. They cannot be removed or returned to their home country (country of nationality);
  2. They may be authorized to work or engage in employment in the United States;
  3. They may be allowed to travel abroad with the prior consent of the U.S. Attorney General; and
  4. One year after the grant of asylum, the foreigner can apply for Lawful Permanent Residence status (Green Card).

Filing asylum is serious business and is complex.  Foreigner’s who are contemplating filing for asylum in the United States should consult legal counsel before they file because filing a frivolous asylum application will prevent the foreigner from receiving any immigration benefit under the Immigration and Nationality Act.  That means the foreigner would be prohibited from even visiting the U.S. for any reason.  This bar is permanent under the INA.

This law blog is written by the Taxation | Litigation | Immigration Law Firm of Coleman Jackson, P.C. for educational purposes; it does not create an attorney-client relationship between this law firm and its reader.  You should consult with legal counsel in your geographical area with respect to any legal issues impacting you, your family or business.

Coleman Jackson, P.C. | Taxation, Litigation, Immigration Law Firm | English (214) 599-0431 | Spanish (214) 599-0432

Check Your ITIN because it could be Expired or Expiring Soon

By: Coleman Jackson, Attorney, CPA
November 21, 2016

Check Your ITIN because it could be Expired or Expiring Soon

Individual Taxpayer Identification Number, otherwise known as (ITIN) allows taxpayers to meet their tax filing obligations who cannot obtain a Social Security Number.  An ITIN is typically used by nonresident foreigners , undocumented resident foreigners, dependents and spouses of U.S. Citizens and resident foreigners who cannot get a social security number, and nonresident students, professors or researchers filing a U.S. federal tax return or claiming an exception, and anyone else who has a tax reporting obligation but cannot obtain a social security number.  The ITIN, like a social security number, is a nine digit code.  The ITIN begins with the number 9 and has fourth and fifth digits ranging from 50-65, 70-88, 90-92, and 94-99.   These are the middle digits of the ITIN.   The ITIN does not grant the holder any legal rights to reside in the United States.  The ITIN does not grant the holder any right to work in the United States.  The ITIN is issued by the United States Treasury (IRS).  The ITIN is only used for tax reporting purposes.

ITIN holders beware!  Section 203 of the Protecting Americans from Tax Hikes Act of 2015 (PATH Act), which became law on December 18, 2015 made critical changes to U.S. Tax Law, 26 U.S.C. Section 6109 as it relates to the Individual Taxpayer Identification Number (ITIN) Program.  Because of these PATH Act changes, every ITIN holder must check their ITIN to determine whether it is expired or expiring soon.  The PATH Act made major changes in the ITIN Program which requires holders of ITINs to renew their ITIN.

Holders of unused ITINs must renew them or they will expire.  Any ITIN not used on a federal tax return for the last three (3) years.  Count back from the current year to the previous three tax reporting periods.  If it has been three years since the ITIN was used; it expires on January 1, 2017.  That means that if you hold an ITIN that was not used in 2015, 2014 or 2013; your ITIN is no longer valid and cannot be used when you file your 2016 federal tax return; unless, you timely renew it.  The IRS began accepting ITIN renewal applications on October 1, 2016 for taxpayers affected by the PATH Act.

ITINs issued before 2013 began expiring in 2016 on a rolling basis.  The mandatory renewal period for these ITINs is on what the IRS is calling a rolling basis.  The key numbers that triggers the expiration and mandatory renewal schedule as to when the pre-2013 ITIN renewal period began are the middle two digits of the ITIN.  For example, beginning October 1, 2016, ITIN holders with middle digits of 78 and 79 began renewing their ITIN. Every ITIN holder must examine their ITIN and the ITIN of family members (household members) to determine when their ITIN expires or expired based on the IRS rolling renewal schedule.

Holders of expired ITINs could have difficulty complying with U.S. tax laws.  They could be prohibited from claiming exemptions and dependents and so forth with expired ITINs.  Moreover, failure to timely file required federal tax returns carry serious consequences under U.S. tax laws, such as, civil negligence penalties, fraud penalties and potential criminal prosecution.  There could also be serious consequences under the Immigration and Nationality Act (INA) for failure to comply with U.S. federal tax laws (Internal Revenue Code).  Federal tax law abuse violates the terms of immigrant visas under the INA in certain circumstances.   ITIN holders must check their ITIN because the ITIN could be expired or expiring soon.

This law blog is written by the Taxation | Litigation | Immigration Law Firm of Coleman Jackson, P.C. for educational purposes; it does not create an attorney-client relationship between this law firm and its reader.  You should consult with legal counsel in your geographical area with respect to any legal issues impacting you, your family or business.

Coleman Jackson, P.C. | Taxation, Litigation, Immigration Law Firm | English (214) 599-0431 | Spanish (214) 599-0432

U.S. Immigration Petition Prices Set to Increase this December

October 27, 2016
By:  Coleman Jackson, Attorney

U.S. Immigration Petition Prices Set to Increase this December 2016

Have everybody heard?  It is official.  United States Citizenship and Immigration Services (USCIS) fees are set to increase effective December 23, 2016.  Applications and immigration petitions postmarked or filed on or after December 23, 2016, must include the new fees or be rejected by USCIS.  Some examples of the fee increase effect on some of the more popular applications and petitions are as follows:

Form Number

Form Title

Fee-Effective 12-23-2016

Current Fee

I-90

Application to Replace Permanent Resident Card

$455

$365

I-102

Application for Replacement/Initial Nonimmigrant Arrival-Departure Document

455

330

I-129/129CW

Petition for a Nonimmigrant Worker

460

325

I-129F

Petition for Alien Fiancé(e)

535

340

I-130

Petition for Alien Relative

535

420

I-131 /I-131A

Application for Travel Document

575

360

I-140

Immigrant Petition for Alien Worker

700

580

I-212

Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal

903

585

I-360

Petition for Amerasian Widow(er) or Special Immigrant

435

405

I-485

Application to Register Permanent Residence or Adjust Status

1,140

985

I-485

Application to Register Permanent Residence or Adjust Status (certain applicants under the age of 14 years)

750

635

I-526

Immigrant Petition by Alien Entrepreneur

3,675

1,500

I-539

Application to Extend/Change Nonimmigrant Status

370

290

I-600/600A

Petition to Classify Orphan as an Immediate Relative /Application for Advance Petition Processing of Orphan Petition

775

720

I-800/800A

Petition to Classify Convention Adoptee as an Immediate Relative /Application for Determination of Suitability to Adopt a Child from a Convention Country

775

720

I-601

Application for Waiver of Ground of Excludability

930

585

I-601A

Application for Provisional Unlawful Presence Waiver

630

585

I-690

Application for Waiver of Grounds of Inadmissibility

715

200

I-694

Notice of Appeal of Decision

890

755

I-698

Application to Adjust Status From Temporary to Permanent Resident (Under Section 245A of the INA)

1,670

1,020

I-751

Petition to Remove Conditions on Residence

595

505

I-765

Application for Employment Authorization

410

380

I-824

Application for Action on an Approved Application or Petition

465

405

I-829

Petition by Entrepreneur to Remove Conditions

3,750

3,750

I-924

Application for Regional Center Designation Under the Immigrant Investor Program

17,795

6,230

I-924A

Annual Certification of Regional Center

3,035

0

I-929

Petition for Qualifying Family Member of a U-1 Nonimmigrant

230

215

N-336

Request for Hearing on a Decision in Naturalization Proceedings

640

595

N-400

Application for Naturalization

640

595

N-470

Application to Preserve Residence for Naturalization Purposes

355

330

N-565

Application for Replacement Naturalization/Citizenship Document

555

345

N-600/N-600K

Application for Certification of Citizenship/Application for Citizenship and Issuance of Certificate under INA Section 322

1,170

600/550

USCIS Immigrant Fee

220

165

Biometric Fee

85

85

The table of fees above does not list the names or filling fees for all immigrant petitions and applications.  Filing fee increases take effect on or after December 23, 2016.  New submissions must be submitted to the Department of Homeland Security (USCIS) with the payment associated fees attached.

This law blog is written by the Taxation | Litigation | Immigration Law Firm of Coleman Jackson, P.C. for educational purposes; it does not create an attorney-client relationship between this law firm and its reader.  You should consult with legal counsel in your geographical area with respect to any legal issues impacting you, your family or business.

AUTOMATIC REVOCATION OF AN IMMIGRANT VISA PETITION

By Coleman Jackson, Attorney & Counselor at Law
July 15, 2015

In Seven Different Instances An Immigrant Visa Petition Is Automatically Terminated

When an Immigrant Visa Petition is automatically revoked under the United States Immigration and Nationality Act (INA)?  Even if approved there are certain events or circumstances that terminates an immigrant visa petition whether it relates to an United States Citizen or Lawful Permanent Resident petitioning for an alien relative under 8 C.F.R. §205.1(a)(1)-(3).  Under the INA an automatic termination relates back to the date the immigrant visa petition was originally approved.  There are no grandfather provisions under the INA when an immigrant visa petition is terminated automatically.

In The Following Seven Instances An Immigrant Visa Petition Is Automatically Terminated:

  1. If the petitioner files a voluntary withdrawal notice with the USCIS office adjudicating the petition.
  2. If the petitioner dies while the immigrant visa petition is being adjudicated by USCIS; unless, the humanitarian rules apply under the INA that relates to a widow(er) of an U.S. Citizen petitioner. The immigrant visa petition could be reinstated for humanitarian reasons in the case of a widow(er) married to a deceased United States Citizen Petitioner.
  3. If the beneficiary of a lawful permanent resident immigrant visa petition marries before receiving their Green Card.  That means that sons and daughters of lawful permanent resident petitioners must remain single because a marriage event automatically terminates the immigrant visa petition of an LPR’s son or daughter even if the immigrant visa petition has been previously approved.
  4. If the lawful permanent resident petitioner legally looses their Green Card status while the immigrant visa petition is being adjudicated by USCIS.  The LPR naturalizing or becoming a United States Citizen is an exception to this ground for automatic termination of an immigrant visa petition.
  5. If the petitioner files for and legally completes an official court ordered divorce decree while the immigrant visa petition is being adjudicated by USCIS.  In order for a divorce to terminate the immigrant visa petition, it must be a legal divorce or separation, not merely, a separation of the spouses.  However, although, mere separation and filing divorce does not automatically terminate an immigrant visa petition; such events could very well effect the USCIS adjudicator’s assessment of the bona fides of the marriage.  Termination of an abusive marriage does not terminate a self-petition, such as, VAWA, U Crime Victims Petition or T Visa Petition.
  6. If the petitioner fails to pay the immigrant visa petition filing fees within fourteen days of receipt of an USCIS notification that such fees are due and payable.  Proper filing fees should be attached to the immigrant visa petition upon submission of the petition to avoid this administrative ground of automatic termination.
  7. If the self-petitioner or beneficiary dies while the USCIS is adjudicating the immigrant visa petition.

 

This blog is written by the Immigration & Tax Law Firm of Coleman Jackson, P.C.  It is for informational and educational purposes and does not create an attorney-client relationship between this law firm and the reader.  If you have questions about your particular situation regarding federal or state taxation or immigration matters, you should consult with independent legal counsel with respect your individual situation or circumstances.

Coleman Jackson, PC
Immigration & Tax Law Firm
6060 North Central Expressway
Suite 443
Dallas, Texas 75206
Law Firm Sitewww.cjacksonlaw.com
Main Line:   214-599-0431 ||| Spanish Line:  214-599-0432

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence

By Coleman Jackson, Attorney, CPA
February 25, 2015

DHS Extends Eligibility for Employment Authorization

U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status, effective May 26, 2015. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.

Who is eligible?

H-4 Dependant Spouse Eligible for Employment Authorization

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

  • Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
  • Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

How to apply?

Eligible H-4 dependent spouses must file Form I-765, Application for Employment Authorization, with supporting evidence and the required $380 fee in order to obtain employment authorization and receive a Form I-766, Employment Authorization Document (EAD). USCIS will begin accepting applications on May 26, 2015. Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, he or she may begin working in the United States.

This is one of several initiatives underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs. It will help U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents. It also provides more economic stability and better quality of life for the affected families.

This blog is written by the Tax & Immigration Law Firm of Coleman Jackson, P.C. for educational purposes; it does not create an attorney-client relationship between this law firm and its reader.  You should consult with legal counsel with respect to your particular set of circumstances. 

Coleman Jackson, P.C. | Immigration & Tax Law Firm | www.cjacksonlaw.com | (214) 599-0431

“Parole in Place” A New Immigration Policy for Military Families by USCIS

By:
Coleman Jackson, PC
Immigration & Tax Law Firm
Firm Site www.cjacksonlaw.com

November 27, 2013

Parole in Place” could be a step toward Immigration Reform. On November 15, 2013 the Obama administration released a new immigration policy memorandum addressing Parole in Place for spouses, children and parents of active duty members of the United States Armed Forces and the members of Selected Reserve of the Ready Reserve (including the National Guard) or former members who previously served in the Armed Forces or the Selected Reserve of the Ready Reserve for United States (veterans).

Under Immigration and Nationality Act section 222(a) (6) (A) (i) the new USCIS policy allows “Parole in Place” (PIP) of undocumented immigrant spouses, children and parents of military members, reservists and veterans. They can legally stay in United States and can apply for a green card through adjustment of status during the application of parole.

Parole in Place - New Immigration Policy for U.S. Military Families

 

And once the parole is granted they are eligible to apply for Employment Authorization Document (EAD) to work in United States and can travel abroad for legitimate personal or business reasons.

The Required Documents to Request Parole in Place:

  1. Completed Form I-131, Application for Travel Document.
  2. Evidence of the family relationship.
  3. Evidence that the alien’s family member is an Active Duty member of the U.S. Armed Forces, individual in the Selected Reserve of the Ready Reserve or an individual who previously served in the U.S. Armed Forces or the Selected Reserve or the Ready Reserve, such as a photocopy of both the front and back of the service member’s military identification card (DD Form 1173).
  4. Two identical, color, passport style photographs.
  5. Evidence of any additional favorable discretionary factors that the requestor wishes the government to consider.

This blog is written to inform and for educational purposes only.  It is not given as legal advice and does not create an attorney client relationship.  You should consult an attorney for any particular matter pertaining to your specific facts and circumstances.

COLEMAN JACKSON, P.C.
Immigration & Tax Law Firm
6060 North Central Expressway, Suite 443
Dallas, Texas 75206
Office Phone:  (214) 599-0431 (English)   (214) 599-0432 (Spanish)

Exception to the Two Year Custody and Two Year Residency Requirements for Abused Adopted Children

Coleman Jackson, Esq.
Immigration Attorney
Oct 02, 2013

Adopted Abused Child

Before the 2005 amendments to Section 101(b)(1)(E) of the Immigration and Nationality Act (INA), to file a self-petition for immigration to the United States of America, adopted alien children were required to demonstrate that they had completed two years of legal custody and residence with the United States citizen or lawful permanent resident adoptive parent. There weren’t any exceptions even if those adoptive parents were abusive to the adopted child. Due to this, abused adopted children were required to remain in the abusive household for at least two years.

Section 805(d) of VAWA 2005 eliminated these two requirements (2 years legal custody and 2 years residence) in amending the definition of an adopted child under INA section 101(b)(1)(E)(i) for a child who has been battered or subjected to extreme cruelty by the adoptive parent or by household family members of the adoptive parent.

The 2005 VAWA changes allow abused adopted children to leave an abusive household without adversely affecting their eligibility to file a VAWA self-petition. The abused child submits a petition for classification as a lawful permanent resident under INA section 204. The child still must show a valid adoption and that (s)he shared a residence for some period of time with the abusive adoptive parent.

For confidential advice and thorough assistance in specific abusive situations consult an experienced Immigration Attorney.
A self-petition by an abused child must satisfy the following requirements:

Removal of 2 Year Legal Custody and 2 Year Residency Requirement

Removal of 2 Year Legal Custody and 2 Year Residency RequirementGenerally, to obtain immigration benefits by adoption, the petitioner must submit credible evidence to establish eligibility of an adopted child under INA sections 201(b)(2)(A)(i) or 203(a)(2)(A):

  • A legal adoption took place. That is, the adoption is completed before the adopted child’s 16th birthday (or 18th if the child is the birth sibling of another child 16 or under who was adopted by the same adoptive parent at the same time)
  • The adoptive parent(s) had two years of legal custody, and two years of residence with the child.

However, section 805(d) of VAWA 2005 amended INA section 101(b)(1)(E)(i). The 2005 amendments to the Violence Against Women’s Act removed the two year legal custody and the two year residency requirement for adopted children who were battered or subjected to extreme cruelty by their adoptive parent(s) or household family members.

Applicability of 101(b)(1)(E)(i)

Applicability of 101(b)(1)(E)(i)The amendment to 101(b)(1)(E) is applicable to a child who is the beneficiary of a Form I-130, Petition for Alien Relative, and to the self-petitioning child filing a VAWA-based Form I-360, Petition for American, Widow(er) or Special Immigrant.

If the self-petitioning child demonstrates that he or she was battered or subjected to extreme cruelty by the adoptive parent or by member(s) of the adoptive parent’s household, then in this type of case, the child is not required to establish two years legal custody and two years residency with the adoptive parent.

Eligibility Requirements

Self-Petitioning Child of Abusive USCs and LPRs (Generally)

INA section 204 allows for alien children of abusive U.S. citizens and lawful permanent residents to self-petition for classification as lawful permanent residents (Green Card). The child self-petitioner is required to provide evidence that (s)he:

  • Is the child of a U.S. citizen or lawful permanent resident
  • Is eligible to be classified under INA section 201(b)(2)(A)(i) or 203(a)(2)(A)
  • Resides or has resided with the abusive U.S. citizen or abusive lawful permanent resident parent
  • Has been battered by or has been subjected to extreme cruelty perpetrated by the U.S. citizen or lawful permanent resident parent or member of their household
  • Is a person of good moral character

Self-Petitioning Adopted Child of Abusive USCs and LPRs

The VAWA 2005 amendments to the definition of an adopted child (i.e., the removal of the two year custody and two year residency requirements for abused adopted children) do not remove the need for adopted children to establish all other requirements for self-petitioning children under INA section 204. The self-petitioning adopted child is required to provide evidence demonstrating that (s)he:

  • Was legally adopted before attaining age 16, or before attaining age 18 if the child is the birth sibling of another child who was adopted by the same adoptive parent
  • Was legally adopted by a U.S. citizen or lawful permanent resident, or that his or her adoptive parent is legally married to a U.S. citizen or lawful permanent resident
  • Resided for some period with the abusive U.S. citizen or abusive lawful permanent resident
  • Was battered by or subjected to extreme cruelty perpetrated by the U.S. citizen parent or lawful permanent resident parent or a member of the U.S. citizen’s or lawful permanent resident’s family residing in the same household
  • Is a person of good moral character

Filing from Outside the United States

Abused Child Self-petition Filing from Outside the United StatesThere is no statutory requirement that a self-petitioning adopted child be living in the United States at the time the self-petition is filed. The filing requirements found in INA sections 204(a)(1)(A)(v) and 204(a)(1)(B)(iv) relating to a self-petitioning spouse, intended spouse, or child living abroad of a U.S. citizen or lawful permanent resident shall be applicable to self-petitions filed by an abused adopted child.

Late-filing After Age 21

Abused Child Self-petition Late-filing After Age 21The provisions of INA section 204(a)(1)(D)(v) which provide continued eligibility to file as a self-petitioning child after attaining age 21, if the abuse was one central reason for the delay in filing, shall be applicable to self-petitions filed by an abused adopted child.

Evidence

Standard of Proof

Self-petition Proof StandardThe standard of proof applied in the adjudication of a self-petition filed by an abused adopted child is “preponderance of the evidence”. This evidentiary standard is met if the self-petitioning child submits sufficient evidence to establish that the facts of the case are more likely true than not true.

Evidentiary Requirements

Evidentiary Requirements for self-petition by abused childA copy of the legal adoption decree issued by the appropriate civil authority, or other relevant credible evidence of the self-petitioning child’s legal relationship to the abuser should be submitted with the I-360. If a copy of the legal adoption is unavailable, the self-petitioning adopted child should provide any other credible evidence to demonstrate that a legal adoption took place. Additionally, the self-petitioning adopted child must provide credible evidence demonstrating the following:

  • Some period of shared residence with the abusive parent
  • The self-petitioning child’s good moral character, if age 14 and over
  • The battery and/or extreme cruelty perpetrated by the U.S. citizen or lawful permanent resident parent or perpetrated by a member of that parent’s family residing in the same household
  • The abuser’s U.S. citizenship or lawful permanent resident status

Consideration of Evidence

United States Citizenship & Immigration Services (USCIS) adjudicators will consider all relevant, credible evidence when making a determination regarding claims to all eligibility requirements. The determination of what evidence is credible and the weight to be given that evidence is within the sole discretion of USCIS.

This blog is written by
Coleman Jackson, PC | Immigration & Tax Law Firm. www.cjacksonlaw.com | 214-599-0431(English) | 214-599-0432(Spanish)

Immigration Alert: U.S. Department of State Visa Bulletin Category F2A is Current Beginning August 1, 2013

IMMIGRATION ALERT:  GREEN CARD HOLDERS WHO DESIRE TO FILE FOR GREEN CARDS FOR THEIR SPOUSES AND CHILDREN (UNMARRIED CHILDREN AND UNDER 21 YEARS OF AGE)

 ACT NOW!

Written By:   Coleman Jackson, Esq. | www.cjacksonlaw.com | (214) 599-0431 or Spanish (214) 599-0432

July 17, 2013

Immigration Alert:  Green Card Holders who desire to get Green Cards for their Spouses and Children (unmarried and under 21 year olds) need to file the appropriate applications and supporting documentation on behalf of their spouses or children beginning August 1, 2013.

These folks are in Visa Bulletin Category F2A.  That typically meant that their spouses and children had to wait years for a visa to become available.  Well in the August 2013 Visa Bulletin Category F2A is “C”, which means that a visa is currently available starting August 1, 2013.  The category could regress (that mean become not current, which means that these folks will have to wait until it becomes current again if they fail to act).

For example,   in November F2A could regress where people have to wait years for a visa to become available.  It could regress anytime after August 2013 without advance notice.  So these folks must act immediately by filing for Green Cards for their spouses and children beginning in August 2013.

The United States Department of State Bureau of Consular Affairs August 2013 Visa Bulletin reads as follows:

FAMILY-sponsored:

F2A: This category has become “Current” for August, and is expected to remain so for the next several months. This action has been taken in an effort to generate an increased level of demand. Despite the fact that there are large amounts of registered F2A demand, currently there are not enough applicants who are actively pursuing final action on their case to fully utilize all of the available numbers.

If you or your spouse or children are in Category F2A, contact an immigration attorney now.

This is an excerpt from the August 2013 Visa Bulletin, which shows that category F2A, is Current beginning August 1, 2013:

All Charge China India Mexico Philippians
F2A  C C C C C

This means that category F2A is current for all of the listed countries.  That is Green Card Holders from any country can apply for Green Card’s starting August 1, 2013 for their spouses and children.

COLEMAN JACKSON, P.C.

Professional Legal Services Corporation
Immigration & Tax Law Firm

6060 North Central Expressway
Suite 443
Dallas, Texas 75206.
Office Phone:  (214) 599-0431
Em: cj@cjacksonlaw.com
Firm Site:  www.cjacksonlaw.com