Saturday, April 16, 2016

SIJS Alert: May 1 Deadline to file for Green Card for Unaccompanied Kids from El Salvador, Guatemala,Honduras

USCIS has just released the following announcement.  The best course of action is to file for the child's green card before May 1.  Please see your immigration attorney right away if you have a pending case of SIJS:

Employment-Based Fourth Preference (EB-4) Visa Limits Reached for Special Immigrants From El Salvador, Guatemala and Honduras
The Department of State’s Visa Bulletin for May 2016 reflects a final action date  of January 1, 2010, for EB-4 visas for special immigrants from El Salvador, Guatemala and Honduras. This means that starting in May, applicants from these countries who filed Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant on or after January 1, 2010, will not be able to obtain an immigrant visa or adjust status until new visas become available.

These three countries have reached their EB-4 visa limits as congressionally mandated for fiscal year 2016, which ends September 30. Information on EB-4 visa availability for fiscal year 2017 for El Salvador, Guatemala and Honduras will appear in the Department of State’s October Visa Bulletin, which will be published this September.

EB-4 visas are for special immigrants. These are individuals who may be eligible for lawful permanent resident status based on specific classifications, including Special Immigrant Juvenile (SIJ).

What this action means to EB-4 applicants from El Salvador, Guatemala and Honduras:

Petitioners from any country, including El Salvador, Guatemala and Honduras, may continue to file Form I-360. There is no annual limit on the number of Form I‑360 petitions that USCIS may approve.

The final action date is January 1, 2010. This final action date became effective upon publication of the May Visa Bulletin on April 12.

USCIS will accept all properly filed submissions of Form I-485, Application to Register Permanent Residence or Adjust Status, under the EB-4 classification until April 30, 2016.

We will process and make a decision on your Form I-485 application only if you have a Form I-360 filed before January 1, 2010, that is ultimately approved.
If you have a pending Form I-360 filed on or after January 1, 2010, we will process and make a decision on your Form I-360 but withhold a decision to approve your Form I-485 application pending availability of an EB-4 visa.
If you file Form I-485 under the EB-4 classification after April 30, 2016:

We will process and make a decision on your Form I-485 only if you filed your Form I-360 petition before January 1, 2010, and your Form I-360 is ultimately approved.
We will reject and return other Form I-485 applications but will continue to process Form I-360 petitions (even if submitted together with a Form I-485 that gets rejected).

Drafted by Karen S. Law
This blog and the information contained within have been prepared by Law Offices of Karen S. Law, PLC for informational purposes only and does not constitute legal advice. This information is not intended to create, nor does receipt of it constitute an attorney-client relationship. Viewers should not act upon information found here without seeking legal counsel. All photographs shown on this blog are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2016