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Subcategories from this category: To Our Clients and Friends

On April 22, 2020, President Trump signed a Proclamation to suspend the issuance of most immigrant visas starting 11:59 p.m. EDT on April 23, 2020 for 60 days: https://www.niwus.com/resources/presidential-proclamation-suspends-issuance-of-most-immigrant-visas-at-u-s-consulates.

On April 22, 2020, President Trump signed a Proclamation to suspend the issuance of immigrant visas starting 11:59 p.m. EDT on April 23, 2020 for 60 days. The Proclamation only affects individuals applying for permanent residency (i.e., green cards) from outside the United States. As explained below, some exceptions to this rule are carved out for those whose work may alleviate the COVID-19 outbreak, certain immediate relatives of U.S. citizens, and other individuals who may benefit U.S. national interests. For our clients who are currently consular processing an immigrant visa, they should still be able to process their applications through submission to the National Visa Center, where the application will be placed in a holding queue until this suspension is limited, after which time they may be scheduled for an interview. Because many U.S. Consulates’ visa services have been suspended already, there is no material impact on the current practices.

Importantly, the Proclamation does not apply to non-immigrant visas, Form I-140, or Form I-485. At this time, the USCIS should still be able to accept and adjudicate Form I-485 adjustment of status for individuals present in the United States if visa numbers are available. For the majority of our clients, this means the Proclamation should not affect their cases.  The USCIS should continue to adjudicate these cases following the usual practices. 

On July 18, 2019, Liu & Associates, PLLC received approval for two I-601 Waivers for two clients (husband – Client A and wife –Client B) that were, at one point, members of the communist party prior to coming to the United States. The United States Citizenship and Immigration Services (USCIS) approved both waivers without RFEs.

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One issue of concern for many clients in the employment-based immigration process is the Priority Date. With the recent retrogression in the EB-1 category and now slow advancement of EB-1 and EB-2 China & India this year, obtaining an earlier Priority Date is more important than ever.

Update from Charles Oppenheim's March 18, 2019, meeting with AILA:

In the most recent meeting with AILA, Mr. Oppenheim has provided a less optimistic picture into the advancement of the Final Action Dates in the visa bulletin for the EB-1 category. He stated that demand levels from all countries in the EB-1 category remains high. EB-1 has used more total visa numbers in FY19 than any other EB category. EB-1 usage is up to 25% higher than that of EB-2 and EB-3. Due to the high demand for EB-1 worldwide visa numbers, Mr. Oppenheim stated that EB-1 China and EB-1 India should not expect any movement in Final Action Dates. In most years, EB-1 China and EB-1 India benefit from the availability of otherwise unused EB-1 visa numbers from other countries, which is not currently available this FY. In terms of EB-1 Worldwide, Mr. Oppenheim currently anticipates no movement in Final Action Date or advancement of up to one month only.

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