What do the “Final Action Date” and “Dates for Filing Applications” mean on the Visa Bulletin?

In September 2015, the Department of State (DOS) and USCIS jointly announced a new procedure that allowed family and employment-based immigrant visa applicants currently waiting for a visa to start their immigration process or apply for adjustment of status before their Priority Date becomes available.

In visa categories which are oversubscribed, meaning that there is higher demand for visas than there are available, an applicant’s place in line is based on the date a petition is filed; called the Priority Date. DOS updates the Priority Dates monthly and publishes them in the DOS Visa Bulletin. USCIS also uses the Visa Bulletin for applicants who are eligible to adjust their status in the United States.

Beginning with the October 2015 Visa Bulletin, there are now two charts listing dates for each preference category and country of chargeability: (1) An "Application Final Action Dates" chart ("Final Action Date"); and (2) a "Dates for Filing Applications" chart ("Filing Date").

Visa Bulletin For September 2019.

Applicants with Priority Dates earlier than the date listed on the "Filing Date" chart (also known as Table B) for their preference category and country of chargeability will be notified by the National Visa Center that they may submit their documentation and begin the application process. However, an interview and final decision on the application cannot take place until the Priority Date is current as per the Final Action Date (also known as Table A).

For example, in the Visa Bulletin for September 2019, under the F4 category (Brothers and Sisters of U.S. citizens), the Filing Date Table B Priority Date is 08MAR07 (March 8, 2007) while the Final Action Date Table A Priority Date is 01NOV06 (November 1, 2006). This means that applicants can begin their visa application process and submit their documentation if their Priority Date is on or before March 8, 2007. But they will still have to wait until their Priority Date on Table A becomes current before they can receive a visa.

The implementation of this new Filing Date chart was to create better efficiency for both applicants, who can begin to prepare their application in advance, and for better allocation of visas each month by the State Department. 

If you are in line waiting for a visa to become available, pay attention to the Filing Date chart to know when you can begin the application process, but understand you might still need to wait many more months before your visa number becomes available. 

For more information about the visa bulletin, contact us at …

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David Enterline Speaks at EB-5 Seminar in Bien Hoa

David Enterline, Esq., of Enterline and Partners Consulting spoke at an EB-5 seminar at the Mira Central Park Hotel in Bien Hoa on August 11, 2019.

In addition to introducing how to qualify for EB-5 investor visa and the overall process, Mr. Enterline further discussed upcoming changes to EB-5 visa based on new regulations which will go into effect on November 21, 2019. The most important change for investors will be an increase of the minimum investment amount from US$500,000 to US$900,000. Investors who are considering applying for EB-5 should act now before the increase takes effect.

For more information about EB-5, contact us at:



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New Rule on Public Inadmissibility Charge Released by The U.S. Department of Homeland Security

On 12 August 2019, U.S. Department of Homeland Security (DHS) announced the publication of its new rule on public charge. In addition to the long standing requirements that intending immigrants must be able to show that they are able to financially support themselves either through a sponsor, their own assets or a combination of both, the new rule penalizes an individual who receives one or more public benefits for more than 12 months in the aggregate within any 36 month period. Public benefits include supplemental food assistance, medicaid, public housing, etc. The new rule extends the term “public charge” to incorporate the types of public benefits an individual receives.

Highlights of the new rule include the following:

1. The rule will not apply to immigrants who have been receiving public benefits prior to the rule’s enactment. It will only apply to immigrant applications 60 days from the date of publication. 
2. The rule closely examines an immigrant’s work history and will consider an immigrant who acts as a “primary caregiver” or stay-at-home parent for a child or person with a disability and which may not result in a penalty. 
3. An immigrant’s credit score will be closely examined. 
4. The ability to speak and understand English will be considered. 
5. The Form I-864 Affidavit of Support will be minimized (applies to incoming immigrants who are being sponsored) and instead, DHS will question “the likelihood that the sponsor will actually provide the required financial support to the incoming immigrants”. Within this determination, DHS will consider the sponsor’s finances, the relationship to the immigrant and whether the sponsor has signed other I-864 Affidavit of Support documents. 

For more information, contact us today to schedule a consultation with experienced U.S. immigration attorneys.

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USCIS Will Leave 7 International Offices Open

In rare bit of positive news from the U.S. Citizenship and Immigration Service (USCIS), the agency has announced plans to maintain operations in seven international field offices in Beijing and Guangzhou, China; Nairobi, Kenya; New Delhi, India; Guatemala City, Guatemala; Mexico City, Mexico; and San Salvador, El Salvador. This is a shift from the original plan announced earlier this year to close all international field offices by early 2020. 

USCIS plans to close the remaining thirteen international field offices and three district offices between now and August 2020. The first planned closures are the field offices in Monterrey, Mexico, and Seoul, South Korea, at the end of September, although the office in Manila, Philippines has already ceased operations. The office in Bangkok, Thailand appears to remain on the list of one of the thirteen offices to be closed. 

Many functions currently performed at international offices will be handled domestically or by USCIS domestic staff on temporary assignments abroad. 

As part of this shift, the Department of State (DOS) will assume responsibility for certain in-person services that USCIS currently provides at international field offices. At this time it is unclear yet how the closings will impact those needing services in East and South East Asia once all but the China offices are closed. 

For more information about the closing of your local USCIS offices as well as the effects on your visa application matter, contact us today to schedule a consultation with experienced U.S. immigration attorneys.

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What is an I-864 Affidavit of Support?

A USCIS Form I-864 Affidavit of Support is required for many immigrant visa categories in order to show that the sponsoring petitioner (“Sponsor”) and/or immigrant has adequate means of financial support.

The I-864 is a contract between the Sponsor and the U.S. Government. By providing financial documentation showing that they have enough income or assets and in order to financially provide for the intending immigrant(s). 

The following immigrants are required to submit a Form I-864 completed by the Sponsor in order to qualify for an immigrant visa at a U.S. Embassy or Consulate abroad:

• All immediate relatives of U.S. citizens (spouses, parents, children under the age of 21);
• All family-based preference immigrants (unmarried sons and daughters of U.S. citizens 21 years and above, spouses and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, brothers and sisters of U.S. citizens);
• Certain employment-based preference immigrants.

For more information or questions on filing an I-864 Affidavit of Support, contact us today and speak with one of our experienced U.S. immigration attorneys. 

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If You Are Convicted of a Crime, Will You Be Barred From Immigrating to the United States?

U.S. immigration law classifies certain criminal offenses as a “crime involving moral turpitude” (CIMT). If a foreign national is convicted of a CIMT or admits to the commission of a CIMT whether the crime was committed in the United States or abroad, it may render him or her inadmissible to immigrate to the United States. The most common CIMT offenses are fraud, larceny, or the intent to harm persons or things. Determining whether an offense is a CIMT is based on statutory conviction or admission which involves moral turpitude. The presence of moral turpitude is determined by the nature of the statutory offense for which the person was convicted or made the admission, particularly in the wording of the specific law that the foreign national was convicted under and not by the specific acts of the conviction. 

If found to be inadmissible because of a CIMT, a waiver of inadmissibility may be available. When adjudicating a waiver, the U.S. Department of Homeland Security, will look to determine if any of the following elements exist:

1. The criminal activities which rendered the foreign national inadmissible occurred more than 15 years before the date of the immigrant visa application; or
2. The foreign national’s admission to the United States would not be contrary to the national welfare, safety, or security and the foreign national has been rehabilitated.

Waivers are not available for foreign nationals who have been convicted of (or has admitted to committing acts that constitute) murder, criminal acts involving torture, or conspiracy to commit either murder or criminal acts involving torture. 

For more information on whether a certain crime is considered to be a crime involving moral turpitude, contact us to schedule a consultation session with a U.S. immigration attorney. 

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What Can I Do If I am Given a Section 214(b) Refusal for a U.S. Visa?

All U.S. visa applicants applying for a non-immigrant visa are required to demonstrate to the consular officer’s individual satisfaction that they are eligible. Since outside documentation such as bank statements, property title deeds, vehicle registration, letters of recommendation, invitation letters, are normally not reviewed by the consular officer unless specifically requested, applicants who are unable to meet the burden that they are eligible for a U.S. visa are issued a Section 214(b) refusal. If an applicant is refused a visa, the only is to re-interview since a refusal for a non-immigrant visa cannot be reviewed or appealed. Thus, the applicant must pay another visa processing fee and submit a new DS-160 Online Application. However, the applicant can use the r the new DS-160 U.S. as a way to establish why they should be issued a visa. 

If you have been issued a Section 214(b) refusal for a U.S. visa and would like to consult with a U.S. immigration attorney for expert advice on how the DS- 160 Online Application can be used to support your reapplication, contact us today. 

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