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Posted on in Immigration

DuPage County immigrant visa attorney

When does the New Public Charge Rule take effect?

Adjustment of Status Applications filed on or after Monday, February 24, 2020 will be subject to the new rule.

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Itasca immigration attorneyThe U.S. immigration process can be a confusing and time-consuming endeavor. However, regulations, policies, and procedures are put in place to protect the country and its citizens from harm. The United States Citizenship and Immigration Services (USCIS) is the federal agency that governs how a citizen of a foreign country can legally live and work in the United States or become a naturalized U.S. citizen. A foreign national who seeks to enter the United States must first obtain a U.S. visa. There are various visas available depending on a person’s circumstances and intentions. 

Opportunities Through Employment 

There are two main categories of visas — Nonimmigrant and Immigrant. Nonimmigrant visas are for traveling to the United States on a temporary basis. Immigrant visas allow foreigners to live permanently in the United States. 

One common type of visa is the H-1B. This is an employment-based, non-immigrant visa for temporary workers in the United States. Since it is a company-sponsored visa, an employer must offer a person a job and petition for their H-1B visa through the U.S. immigration department. The approved petition acts as a work permit that allows an individual to obtain a visa stamp and work in the United States for a specified amount of time.

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DuPage County preference-based visa attorney

The answer is maybe. There is a rule called cross-chargeability, which might help. Cross-chargeability allows the beneficiary of a preference category visa petition to be assigned to a country other than that of his or her birth for visa bulletin purposes. This rule allows cross-chargeability between one spouse to another spouse, from parents to their children, and on rare occasions based on the place of habitual residence. Note that children may derive alternative chargeability through their parents, but parents cannot derive from children.

The reason to allow children and/or spouses with different birth countries to use cross-chargeability is to avoid family separation, which immigration law seeks to avoid even though it does not always seem that way. Let us see how cross-chargeability works.

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DuPage County family-based immigration visa attorney

As we all know, if you are the beneficiary of a preference category family-based immigrant petition, the wait can be long. It can be very long. And life goes on. However, no one wants to lose their place in line for eventual immigration to the United States and understanding the Visa Bulletin is key to maintaining your place in line. First, knowing what categories are available is important.

Note, however, those spouses, unmarried children under the age of 21, and parents of U.S. citizens are considered Immediate Relatives and are not subject to wait for an available visa. This category is numerically unlimited.

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DuPage County preference-based visa attorney

Every month around the 10th of the month, the Department of State publishes the monthly Visa Bulletin, which lists the availability of preference-based visas for family- and employment-based categories.

You might have noticed that there are two tables for each category—Final Action Dates and Dates for Filing. USCIS will indicate every month which chart can be used. But first, what does each chart mean?

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