How to bring an immediate relative of a US citizen to the USA ASAP, if they are from Ukraine, Afghanistan, Ethiopia, and you are with them abroad. Immediate relatives are: spouses of a US citizen, unmarried children under 21 and parents of a US citizen (and you are over 21). Other relatives are not falling under the "immediate relative" category.

Как привезти близкого родственика в США в порядке ускорения: если вы американский гражданин, находитесь вместе с ними за пределами США, и ваш близкий родственник (муж, жена, незамужний ребенок до 21 года, родитель и вы старше 21 года), и ваш родственник из Украины, Афганистана или Эфиопии. Если вы еще не подали на них петицию, теперь вы сможете это сделать в американском посольстве, что позволит съэкономить время.

Local Filing of Form I-130 Petitions Filed by U.S. Citizens on Behalf of Afghan, Ethiopian, and Ukrainian Immediate Relatives Fleeing Conflict

If you are a U.S. citizen who is physically present overseas with your Afghan, Ethiopian, or Ukrainian immediate family members and have not yet filed an immigrant visa petition with USCIS, you may request to locally file a Form I-130 petition at the nearest U.S. embassy or consulate that processes immigrant visas.  This applies only to U.S. citizens affected by the large-scale disruptive events in Afghanistan, Ethiopia, and Ukraine.  Such citizens must be physically present in the country where they wish to file petitions.  They can request to locally file on behalf of their spouses, unmarried children under the age of 21, and parents who fled Afghanistan after August 2, 2021; Ethiopia after November 1, 2020; or Ukraine after February 1, 2022. 
Please email your nearest U.S. embassy or consulate’s Immigrant Visa Unit if you believe you may qualify to locally file a Form I-130 petition.  You can find those email addresses at each individual embassy or consulate website. 

​A list of U.S. embassies and consulates is available at https://www.usembassy.gov.

If you have already filed a Form I-130 petition with USCIS for your immediate relative and it has not yet been approved, you may inquire with USCIS regarding expedition: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request.
Further information about the immigrant visa process is available at https://travel.state.gov/content/travel/en/us-visas/immigrate.html
For more information for nationals of Ukraine, please see https://travel.state.gov/content/travel/en/News/visas-news/information-for-nationals-of-Ukraine.html
Additional information for visa applicants from Ukraine is also available at https://travel.state.gov/content/travel/en/News/visas-news/announcement-of-processing-posts-for-visa-applicants-from-Ukraine.html.

Question/Вопрос:

Здравствуйте! Мой муж иммигрировал в США в декабре 2019 (воссоединение с сыном). В марте 2020 муж подал на воссоединение со мной(женой), и также ,,прицепом" по моей петиции идет моя назамужняя дочь которой 19,5 лет. Официально мы женаты 2 года. Есть ли у нас шанс воссоединиться в свете последних событий, в связи с указом Трампа, могут ли отменить воссоединение с гринкардхолдером, если так, то что будет с теми, кто уже подал петицию І-130? Заранее спасибо за ответ.
​
Answer/Ответ:

Добрый день!
Я понимаю, что сын вашего мужа американский гражданин. Сын подал петицию на отца, и ваш муж иммигрировал в США в декабре 2019. После получения грин карты он подал одну I-130 петицию на вас, и вы считаете, что ваша дочь включена в эту петицию.
Вашему мужу стоит проконсультироваться с адвокатом по поводу петиции на вашу дочь.
Что касается вашего вопроса об Указе президента и временном приостановлении иммиграции в США, включая вашу визовую категорию.
Этот запрет временный сроком на 60 дней. Когда этот период истечет, он может быть продлен. В любом случае, поданные петиции продолжают рассматриваться USCIS. Запрет на выдачу виз относится к посольствам и консульствам США, и пока является временным.
Всего доброго!
Мой овет опубликован тут 

Question: Can a US citizen who lives abroad obtain a green card for his brother and father who are living abroad?

Answer: Yes, a U.S. citizen son can petition for his father’s Green Card. The process normally takes a year/year and a half.

A U.S. citizen brother can petition for his brother’s Green Card as well. The process for most countries normally takes about 15 years. It could be longer for people born in some countries (Mexico and Philippines).

​You can start the immigration process even now during COVID-19 pandemic because the USCIS Service Centers are still open.

However, in order to complete the immigration process, a U.S. citizen petitioner will have to move back to USA or prove that he has immediate plans to relocate back to USA. It is also important to show that a U.S. citizen petitioner filed his tax returns with IRS, which would be required at the last stage in the immigration process for the Affidavit of Support.

On April 17, 2018, USCIS has updated its policy on the acceptance of DNA evidence supporting sibling relationships. This policy memorandum permits officers to suggest and consider direct sibling-to-sibling DNA test results, and provides standards for evaluating DNA results for full siblings and half siblings. This new guidance will improve USCIS’s ability to evaluate eligibility for immigration benefits by using technological advances in direct sibling DNA test results.

When USCIS determines that primary evidence is unavailable or unreliable, it may suggest and accept DNA test results as evidence of a full-sibling or half-sibling relationship in any petition or application for an immigration benefit in which a sibling relationship is required to establish eligibility or may otherwise be relevant to an eligibility determination.

Note: USCIS will only consider results of DNA testing conducted by an AABB-accredited lab.
USCIS policy on parentage testing remains unchanged.

Testing Against Additional Relatives: to the extent possible, DNA testing against the common parent(s) is encouraged, because it produces more reliable results than tests that do not include a common parent. Similarly, test results that include additional first-degree relatives, such as another sibling, will yield more conclusive results. Including additional blood relatives, such as aunts, uncles, and cousins, also produces more reliable results, particularly where a result is otherwise inconclusive. The AABB standards encourage accredited labs to recommend additional testing of relatives, where appropriate.  

As USCIS does not currently have regulatory authority to require DNA testing, they may only suggest the option of additional testing to the petitioner. The applicant or petitioner bears the burden, however, to establish eligibility for the immigration benefit sought. INA § 291, 8 U.S.C. § 1361; Matter of Otiende, 26 I&N Dec. 127, 128 (BIA 2013).

DNA could be expensive. The petitioner or applicant will have to pay for the DNA test if suggested by USCIS or the U.S. embassy or consulate.

(Primary evidence to establish a sibling relationship includes birth certificates, and if applicable, marriage certificates. When an officer determines that primary evidence is unavailable or unreliable, the officer may consider secondary evidence that demonstrates the sibling relationship. Secondary evidence that officers may consider includes, but is not limited to, medical records, school records, and religious documents issued contemporaneously with the event they document. Affidavits sworn to by persons who were living at the time of and who have personal knowledge of the event to which they attest may also be accepted if certain conditions are met. Following the BIA’s ruling in Matter of Ruzku, 26 I&N Dec. 731 (BIA 2016) USCIS initiated discussions with the AABB Relationship Testing (RT) Subcommittee through the DHS Science and Technology (S&T) Directorate.)
​
This Policy Memo replaces a 2014 Policy Memo (PM-602-0106, DNA Evidence of Sibling Relationships), and previous guidance in Chapter 21.9(c) of the Adjudicator’s Field Manual (AFM).

​New USCIS memo.

Briefly in Russian:

USCIS опубликовал новые инструкции по использованию теста ДНК при анализе петиций поданных на брата и сестру (и также тех братьев и сестер, у кого общий только один из родителей).

Раньше тест ДНК использовался для установления отношений между родителем и ребенком, и не применялся для других категорий. Теперь USCIS могут предложить петиционеру и брату (сестре) пройти тест ДНК через лабораторию аккредитованную AABB. Они не могут принудить петиционера и заявителя пройти этот тест, а могут только "предложить". Но стоит понимать, что предлагать такой тест USCIS будут тем, у кого не хватает первичных документальных доказательств (свидетельства о рождении, о браке) или что-то вызывает недоверие к документам (подозрение, что это подделка). В случае отказа от теста ДНК, USCIS могут отказаться утвердить петицию I-130 или выдать визу. Инструкции по тесту ДНК родителей и детей остаются те же, что и раньше.

On February 27, 2017, USCIS had published a new completely revised edition of the Form I-130 (prior edition had 2 pages, and the new edition is 12 pages long, plus a new Form I-130A was introduced).

The old edition of the Form I-130 (edition date 12/23/2016) will be acceptable only until April 28, 2017. After 04/28/2017, only the most recent 12-page form I-130 will be accepted.

If you are filing for your spouse, he or she must submit Form I-130A, Supplemental Information for Spouse Beneficiary. If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have to sign Form I-130A. Form I-130A must be submitted with Form I-130. However, a spouse still has to sign form G-28, if you have an attorney.

Please note that you can't file Form I-130 for a spouse (wife or husband) if you married your spouse while he or she was the subject of an exclusion, deportation, removal, or rescission proceeding regarding his or her right to be admitted into or to remain in the United States, or while a decision in any of these proceedings was before any court on judicial review.

However, you may be eligible for the bona fide marriage exemption under INA section 245(e)(3) if:

A. You request in writing a bona fide marriage exemption and prove by clear and convincing evidence that the marriage is legally valid where it took place and that you and your spouse married in good faith and not for the purpose of obtaining lawful permanent resident status for your spouse and that no fee or any other consideration (other than appropriate attorney fees) was given to you for your filing of this petition. The request must be submitted with Form I-130; OR
​
B. Your spouse has lived outside the United States, after the marriage, for a period of at least two years.

Biometric Services Appointment. USCIS may require that a US citizen Petitioner and/or foreign national Beneficiary appear for an interview or provide fingerprints, photograph, and/or signature at any time to verify identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on petition.

After USCIS receives the I-130 petition, USCIS will inform you in writing, if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment or, if you are currently overseas, instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to set up an appointment.

If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:
1. You provided or authorized all information in the petition;
2. You reviewed and understood all of the information contained in, and submitted with, your petition; and
3. All of this information was complete, true, and correct at the time of filing.

If you fail to attend your biometric services appointment, USCIS may deny your petition.

Also note that the Form G-325A is still valid and required when, for example, applying for adjustment of status.

Please take a note that the federal government updated their federal poverty guidelines, and a new I-864P was released on 03/01/2017. The new I-864P is applicable to all pending and new applications for adjustment of status or immigrant visa.

On September 09 2015, USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status.

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better connect USCIS procedures with the US Department of State (DOS) procedures, which are used for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015. 

What is Changing.

Starting October 1, 2015, you will be able to submit your application for adjustment of status or for an immigrant visa before your priority date is current. 

Two charts per visa preference category will be posted in the DOS Visa Bulletin:

• Current priority dates for particular visa categories; and
• The earliest dates for filing application for adjustment of status (earliest dates when applicants may be able to apply).

See October 2015 Visa Bulletin here. However, the priority dates in the Visa Bulletin can retrogress in November. Consult an attorney about your specific case so you won't miss the opportunity of applying earlier.

When filing an application for adjustment of status, I-485, an applicant can concurrently file an application for a work permit and advance parole. This is great news for many immigrants waiting for many years for their priority dates to become current. However, it's a good idea to consult an immigration attorney before applying.

Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. Applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status.

To determine whether additional visas are available, USCIS will compare the number of visas available for the remainder of the fiscal year with:

• Documentarily qualified visa applicants reported by DOS;
• Pending adjustment of status applications reported by USCIS; and
• Historical drop off rate (for example, denials, withdrawals, abandonments).

About the Visa Bulletin.

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date.

• The priority date is generally the date when the applicant’s relative or employer properly filed the immigrant visa petition on the applicant’s behalf with USCIS. If a labor certification is required to be filed with the applicant’s immigrant visa petition, then the priority date is when the labor certification application was accepted for processing by Department of Labor.
• Availability of an immigrant visa means eligible applicants are able to take one of the final steps in the process of becoming U.S. permanent residents. 

Read more here.  

Almost daily, I hear from some of our callers: "I don't need legal consultation, I don't want to hire an attorney. I have only one or two very simple (or quick, or easy) questions, and I want an attorney to answer my questions right now and free of charge because my questions are so simple, quick, and easy!"

I will try to explain why this request doesn't make any sense and how to get proper legal advice.

U.S. immigration law is very complex and constantly changing. There have been no major immigration reforms or amnesties in the past few years (which requires a law to be approved by Congress and signed by the President). However, there have been significant changes introduced by our current and former administrations and the executive branch of the government: executive actions; executive orders of the President; USCIS and DHS memorandums and policy guidance; official and unofficial practice advisories; and changes through our judicial branch (federal and immigration courts), such as, the decisions by the BIA, AAO, Courts of Appeals, US Supreme Court, and even by federal district court judges (for example, an injunction by a federal judge can place on hold an executive order of the President of the United States).

U.S. immigration law is federal in nature and is the same in all states. However, it may apply differently to your situation depending on your background, your place of residence or domicile, US embassy in the country where you apply for a visa, etc.

An experienced immigration attorney may be able to guide you and advise you about specifics, loopholes, various options, and can spot possible problems before they happen, even if it seems to you that your case is pretty straightforward and you have only "one quick question". A seemingly simple or quick question not always can be answered with a simple "yes" or "no" answer. You may not realize it, but a situation may have a lot of hidden issues or variables depending on your venue, court jurisdiction, your factual circumstances, your arrest and criminal record, your family situation and status, prior legal assistance, prior legal actions and applications filed, or even timing, etc.

You can find a lot of useful immigration-related INFORMATION on our Blog. We compiled useful information and links: USCIS forms and fees, case status inquiry, processing times, AR-11 Change of Address, Department of State and NVC, and much more here. Hope you find this information helpful!

To ask basic questions about USCIS immigration forms, filing fees or to inquire about status of your pending case, you can contact USCIS, Department of Homeland Security, by calling their 800 Customer Service Hotline (number is on their website), or send an e-request via a webportal at USCIS website. Case status can be checked online, as well. Immigration courts, U.S. embassies and consulates and National Visa Center each have their own hotlines, call centers or other ways to contact them.

To receive a case-specific legal advice you should talk to a lawyer. Before a lawyer can advise you, we usually email you our confidential immigration questionnaire, and ask you to complete and return it to us. In some cases, we can ask you to email us copies of your immigration forms, paperwork, personal documents. When an attorney reviews your answers to our questionnaire and your documents, it helps her to get to know you, your situation, and decide what legal and/or visa options you shall consider, what are your best chances of obtaining certain visas and immigration benefits, how and when can you bring your family to USA, are you eligible for permanent residency or a green card in the United States, are you eligible to apply for U.S. citizenship, how can your children become U.S. citizens, etc.

It's important that you provide truthful, accurate and complete answers to our questions because an attorney's advice to you is based on information you provide to an attorney. It could be dangerous to give misleading, incomplete or incorrect answers to an attorney.

An attorney or a lawyer is often called "a counselor in law". It means that an attorney counsels and advises you, helps you to understand your situation better, anticipates any possible future issues or complications, offers guidance, and a long-term strategy and planning for yourself and your family.

Legal advice is never a simple "yes" or "no" answer, it's never "use this form"  or "this is the link where you can find all information and all answers you need". Legal advice or consultation is like going to see a doctor. A doctor will ask you questions, take your vitals and administer necessary tests, then she will be able to diagnose you and offer you an appropriate treatment plan. The same is true about work of a good and ethical attorney. An attorney will have to ask you a number of questions, review your documents and paperwork, and only then she will be able to advise you, and offer you guidance and counsel.

In order to avoid mistakes and future complications, it's smart to consult an attorney before starting any legal, immigrant or visa process. Consultation with knowledgeable and ethical attorney should serve as a preventative measure and a way to establish a roadmap and plan your future.

In over twelve years of practice as an immigration attorney in the United States, I have come across of many unfortunate individuals who got themselves into trouble after reading and following wrong advice on internet forums, listening to their friends, co-workers, relatives and neighbors advice, or paying to complete their "paperwork" to an unlicensed "immigration consultant", or "notario", or "tax preparer", or somebody else who speaks their native language in their immigrant community but has no proper training and is not a licensed attorney. In some of these cases, individual's chances of living in USA legally can be permanently destroyed. Some people can become permanently banned from the United States, no matter how many close family members (wife, kids, parents) and other ties they have in USA. Immigration law is very complex and unforgiving, and non-compliance, fraud or misrepresentation could bring consequences more severe than penalties in an average criminal case. Where a convicted criminal can usually expect to be released from prison after a number of months or years and be reunited with his family, a person who was deported and permanently banned from USA may never be able to reunite with his family and loved ones in the United States. Lack of knowledge or bad advice is not an excuse in immigration law. "Simple mistakes" in immigration law context could be costly and often irreversible.

Do yourself a favor and consult a knowledgeable immigration attorney before filing any applications or petitions with the USCIS Department of Homeland Security, or before submitting any visa applications online. You can also schedule a consultation to seek a second opinion, if not sure that your current or former attorney's advice is correct as applies to you. When you have questions or need legal advice you can email us to schedule a consultation. We will be glad to help you.

US Dept of State issued a new policy guidance for immigrant visa applicants who were unable to use an Immigrant Visa (IV) during its validity period. 

9 FAM 42.74 N1 ISSUING REPLACEMENT VISA DURING VALIDITY OF ORIGINAL VISA (CT:VISA-2270; 03-31-2015) 

a. If you are satisfied that an applicant will be or was unable to use an immigrant visa (IV) during its validity period because of reasons beyond the applicant’s control and for which the applicant is not responsible then you may issue a replacement visa with the originally allocated visa number within the same fiscal year even though the visa has not yet expired. 

b. You should recall and cancel the originally-issued visa and collect once again the appropriate IV application processing fee (including the Diversity Visa Lottery Fee for a DV applicant), unless the applicant was unable to use the visa as a result of action by the U.S. Government over which the alien had no control and for which the alien was not responsible. 

c. An applicant who will be or was unable to use an IV during its validity period because of reasons within the applicant's control can submit a new visa application if the petition has not been revoked and if the basis for immigration still exists (i.e., familial relationship). 
This also applies for new IV applications outside of the original IV's fiscal year of issuance. 

9 FAM 42.74 N1: 
http://www.state.gov/documents/organization/87915.pdf

A FAM update provides two new examples of the types of exceptional circumstances where consular officers should request authorization from USCIS to accept I-130 petitions. 

The new examples involve adoption of a child, and short notice of position relocation. 

See at 9 FAM 42.41 Notes
http://www.state.gov/documents/organization/87842.pdf

9 FAM 42.41 N4.2-7 Adjudicating Exceptional Circumstance I- 130 Cases (CT:VISA-2247; 01-28-2015) 

a. Consular officers assigned to posts with USCIS public counter presence cannot accept filing or adjudicate the Form I-130, Petition for Alien Relative, and must refer petitioners instead to USCIS. 

b. If a consular section without a USCIS public counter presence encounters an exceptional circumstance case, then the Consular Chief, or another designated officer, must receive authorization from the regional USCIS Field Office Director (or his/her designee) prior to accepting and adjudicating the filing. Post should contact the appropriate USCIS field office by phone or e-mail, providing the specifics of the reason for the exception request. USCIS will have discretion to determine which cases can be processed using the exceptional circumstances procedures and which petitioners should be directed to file by mail with the USCIS lockbox in the United States. USCIS may authorize post to accept the case over the telephone in particularly emergent circumstances but will always communicate his or her decision via email to the post within 1-3 business days of receipt of the request for record-keeping purposes. 

c. The following are examples of the types of exceptional circumstances where consular officers should request exceptional authorization from USCIS to accept I-130 petitions: 

(1) U.S. Military deployment or transfer: A U.S. service member overseas becomes aware of a new deployment or transfer with very little notice. This should be an exception to the regular relocation process for most service members. 
(2) Medical emergencies: A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel. This includes if the petitioner or beneficiary is pregnant and delaying travel may create a medical risk or extreme hardship for the mother or child. 
(3) Threats to personal safety: A petitioner or beneficiary is facing an imminent threat to personal safety. 
(4) Cases close to aging out: A beneficiary is within a few months of aging out of eligibility. 
(5) Cases where the petitioner has recently naturalized: The petitioner and family have traveled for the immigrant visa interview but the petitioner has naturalized and the family member(s) require a new, stand-alone petition. 
(6) Adoption of a child: A petitioner who has adopted a child locally and has an imminent need to depart the country. This exception should only be considered if the child has been in the petitioner’s legal and physical custody for at least two years and the petitioner has a full and final adoption decree on behalf of the child. 
(7) Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice. 
(8) Other emergency situations, as determined by the Consular Section. 

d. Large-scale disrupting event: An event such as a natural disaster or widespread civil unrest that affects large numbers of people and creates a humanitarian emergency for U.S. citizens or residents living abroad that would call for a blanket authorization for posts to accept and process I-130 petitions. In these circumstances, only the Chief or Deputy Chief of the USCIS International Operations Division may give blanket authorization to accept filing and adjudicate Form I-130 petitions for a specified period of time.