Month: November 2023

Categories
Updates

Understanding Visa Retrogression

Understanding Visa Retrogression
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The Department of State (DOS) puts out a monthly document called the Visa Bulletin. It tells people when they can apply for green cards. The dates in the Visa Bulletin are like deadlines. They are based on how many green cards are available each year and where people are from. There are different categories for getting green cards, like for work or family.

In the Visa Bulletin, there are two lists for each category: one for when you can start applying and another for when you can finish the application. The U.S. Citizenship and Immigration Services (USCIS) looks at these lists to decide when you can send in your green card application. If there are enough green cards, you use the “Dates for Filing Applications” list. If not, you use the “Application Final Action Dates” list. It’s like waiting for your turn.

Usually, the dates in the Visa Bulletin either move ahead or stay the same every month. But sometimes, a date that was okay for applying one month might not be okay the next month. This is called “visa retrogression.” It means you must wait longer to apply for a green card.

Why does visa retrogression happen?

Each month, DOS estimates how many visas will be available in each category. DOS uses different factors to estimate available immigrant visas, including how many applications will likely be approved, how many people have a priority date in more than one category, and how many related family members will receive a green card with the main applicant. Sometimes, the demand for visas is greater than the number of visas that are available. In these cases, the DOS revises its previous estimate and uses an earlier “cut off” date to ensure that more visas are not issued than allowed.

What if my visa category retrogresses?

You will not lose your place in line and your priority date will not change. If you have already attended a visa interview or applied in the United States and your priority date retrogresses, your application will remain in line until your priority date is current again. If you have not yet attended a visa interview or applied for adjustment of status, then you must wait until your priority date becomes current to take one of those steps.

If my green card application is pending and my visa category retrogresses, what can I do?

While your green card application is still being processed by USCIS, you’re allowed to stay in the United States. This is called a “period of authorized stay.” You can also ask for permission to work and travel. You can keep renewing these permissions as many times as you need.

If your I-485 application has been with USCIS for at least 180 days, you can switch to a new job in a similar field.

Your children who applied for green cards with you might still qualify to stay in the U.S. even if they turn 21, thanks to the Child Status Protection Act.

What if my priority date moves ahead in a different visa category? Can I change categories?

Yes, you can ask to switch to a different visa category. For instance, if you have a pending or approved I-140 petition for a different work-related visa category with a current date, you can ask to use that for your green card application instead. You might need to fill out an extra form called I-485 Supplement J.

If you have a family-based case with a current date in a different category, you can also ask to change your green card application to that category by sending a written request to USCIS.

It’s a good idea to talk to an immigration lawyer to see if you can use either of these options.

When will I receive my green card?

It is often hard to predict how fast or slow the dates in the Visa Bulletin will move. You’ll get your green card when your turn comes up in the Visa Bulletin. If you’re still eligible when that happens, your application will be approved. It’s like waiting for your number to be called.

We are closely monitoring the monthly Visa Bulletin and encourage you to contact our office at Tancinco Law at (415)397-0808 or 1 888-930-0808 if you have any questions. You can also schedule an appointment through our website at www.tancinco.com or email us at law@tancinco.com

Categories
Featured

A Possible Path to Legalization: The Dignity Act’s Bipartisan Proposal

A Possible Path to Legalization The Dignity Acts Bipartisan Proposal
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In a political world marked by partisan divides, it is refreshing to hear news of a groundbreaking bipartisan proposal that holds the promise of transforming the lives of millions of undocumented immigrants in the United States. This bill called the “Dignidad (Dignity) Act of 2023”, if passed into law, is a remarkable legislative endeavor aimed at providing a clear path to lawful status for undocumented individuals, securing the nation’s borders, safeguarding American businesses, and bolstering the nation’s economy. Introduced in the U.S. House of Representatives by Representatives Maria Salazar (R-FL-25) and Veronica Escobar (D-TX-16), this legislation brings with it a ray of hope for those who have been waiting in the shadows, yearning for their immigrant status to be legalized.

A Brighter Tomorrow: The Dignity Act’s Pathway to Legal Status

The Dignity Act is a proposal that offers two distinct options for acquiring lawful status: the Dignity Status and the Redemption Program. 

To qualify for either status, applicants must complete the “Dignity Program.” This program, at its core, provides a seven-year deferred action on removal, along with employment and travel authorization. To be eligible, individuals must prove five years of continuous physical presence in the United States before the enactment of the legislation, demonstrate good moral character, pay a fine of at least $1,000, and pass a criminal background check.

Upon successful completion of the Dignity Program, applicants must choose between Dignity Status and the Redemption Program. Dignity Status grants a five-year lawful status in the United States with the possibility of renewal, offering a chance for a stable life. Meanwhile, the Redemption Program, an optional path, provides a five-year conditional status with employment and travel authorization. After fulfilling the program’s requirements, participants can apply for lawful permanent residency, securing their place in the United States.

Hope for Dreamers: A New Beginning

The Dignity Act also extends its embrace to Dreamers, individuals who were brought to the United States as children. Dreamers and DACA recipients may obtain conditional permanent resident status by meeting specific criteria, including continuous presence for three years, education, and possible military service. This act not only recognizes the contributions of these individuals but also honors their dreams and aspirations by offering a chance at legal status.

A Transformative Immigration Landscape

In addition to providing pathways to lawful status for undocumented individuals, the Dignity Act proposes significant changes to various facets of immigration law. It strives to streamline the adjudication of asylum claims, establishes Humanitarian Campuses near the border, and creates processing centers in Latin America. Furthermore, the act offers a path to citizenship for eligible TPS recipients and reduces visa backlogs, ensuring a more streamlined immigration process.

The Dignity Act also brings about pivotal changes to employment visa categories, such as the H-2A Agricultural Guest Worker Program, removing seasonal requirements and visa caps, while also ensuring pathways to lawful status for undocumented agricultural workers. The act makes E-Verify mandatory nationwide, with phased implementation to ensure employer compliance.

In conclusion, the Dignity Act of 2023 is one of those bills that, if passed into law, will benefit those who have been waiting for their immigrant status to be legalized. It is a comprehensive, bipartisan effort that not only offers a pathway to legal status but also paves the way for a more inclusive and just immigration system. 

We look forward to getting more support for this bill as it represents positive changes that could bring progress to our nation, offering renewed hope to those who have long sought the dignity and security they deserve.

Tancinco Law, P.C. will continue to update you on any developments on these types of bills. If you have any questions, you may contact us through our website www.tancinco.com or by texting us at 415 397 0808. 

Categories
Updates

The Changing Landscape of U.S. Citizenship Tests in 2024

The Changing Landscape of US Citizenship Tests in 2024
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When President Biden assumed office, he signed an Executive Order titled “Restoring Faith in Our Legal Immigration System.”  One of the primary goals of this order was to enhance integration and inclusion by removing unnecessary barriers to U.S. citizenship. If you recall, the citizenship test underwent a complex transformation during the prior Trump administration, which prompted the Biden administration to reinstate the 2008 version of the test. Now, the U.S. Citizenship and Immigration Services (USCIS) is gearing up for a significant makeover of the citizenship test, set to launch in 2024.

But has the Biden administration truly addressed the citizenship barrier with the redesigned test? The answer may surprise you. As it stands, the U.S. citizenship test is in the process of being overhauled, and the proposed changes are making it more challenging for applicants to pass.

The Current Citizenship Test: A Refresher

Introduced in 2008, the current evaluation of English and civics knowledge for naturalization follows a multi-year collaboration with stakeholders and education experts. It includes answering basic questions during the naturalization interview, an oral civics test where an applicant must correctly answer 6 out of 10 questions (selected from a pool of 100), and reading and writing dictated sentences. The material for the test is readily available for study, and applicants can prepare for it in advance.

Major Changes Proposed: The Redesigned Test

The USCIS is considering three significant changes to the citizenship test:

1. Multiple Choice Civics Exam

The redesign suggests replacing the current oral civics questions with a multiple-choice format. To illustrate the difficulty, let’s take a look at a sample question: Current Question: Name one war fought by the United States in the 1900s. (Answer: “Gulf War”)

Redesigned Multiple-choice Version:

  • A. Civil War
  • B. Mexican-American War
  • C. Korean War
  • D. Spanish-American War

The twist? The applicant must know all five wars in the 1900s that could be acceptable answers and identify that the distractors provided are incorrect, as they are answer options for a different civics question about wars in the 1800s.

Bill Bliss, a civic educator from Massachusetts, highlights that the new test focuses more on test-taking skills than actual civics knowledge. It introduces plausible distractors to complicate the process, making it more challenging to prepare for and likely measuring test-taking skill as much as civics knowledge.

2. Picture-Based English Test

Instead of evaluating English proficiency during the naturalization interview with basic questions, the USCIS is proposing a new English exam where applicants describe a scene from a picture displayed on a screen. This approach leaves room for varied interpretations and could be subject to the adjudicator’s discretion, potentially leading to denial or unnecessary retesting.

3. Separate Examinations

Additionally, the USCIS is suggesting that the test be administered separately from the naturalization interview. This change introduces an extra step and additional processing time for those seeking naturalization.

When Will This Redesigned Test Be Implemented?

In December 2022, the USCIS published a rule in the Federal Register announcing trial tests for the new civics and reading exams. These tests are currently being conducted with the assistance of volunteer community-based organizations working with immigrant English language learners and green card holders preparing for naturalization. The USCIS will make a decision about implementing the new testing structure in 2024 based on the results and feedback from these pilot tests.

While the redesigned test is not yet in effect, it’s prudent to consider applying for naturalization sooner if you’re already eligible. Waiting might mean facing a more challenging citizenship examination down the road.