Geygan & Geygan, Ltd.

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USCIS to make processing for Citizenship and Green Cards more confusing

June 18, 2019 by Thomas Geygan

As USCIS begins to shift caseloads between field offices they may schedule applicants to appear for an interview at a field office outside of their normal jurisdiction. Applicants may receive an interview appointment notice or other types of notices (such as a Request for Evidence) from a field office outside of their normal jurisdiction. However, these caseload changes will not affect where applicants attend their biometrics appointments. We will still direct them to the nearest application support center. Applicants should follow the instructions on any notices they receive from USCIS.

As we get the notices for interviews we will let you know when and where we will need to appear. Mr. Geygan will still appear at the interview.

Filed Under: AOS Family, AOS Marriage, Citizenship, Family Member, Naturalization

When to File Your Adjustment of Status Application for Family-Based or Employment-Based Preference Visas

September 10, 2015 by Thomas Geygan

When to File Your Adjustment of Status Application for Family-Based or Employment-Based Preference Visas

Visa Bulletin content has changed.  Learn more by reading USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status.

Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa?  If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process. If you already have a petition filed or approved on your behalf, you may have to wait for an available visa in your category (if applicable) before you can file your Form I-485, Application to Register Permanent Residence or Adjust Status.  This page will help you determine when to file your adjustment of status application.

When to File

Use the Visa Bulletin charts below to determine when to file your adjustment of status application.

To use the charts:

  1. Find your visa type in the first column (on the left) of the appropriate chart (Family-sponsored or Employment-based).
  2. Stay in that row and move directly to the right to find the corresponding date under the country of your birth (as listed in the boldface columns across the top).
  3. If the date on the chart is current (“C”) or your priority date is earlier than the date on the chart, you may file your adjustment of status application, if otherwise eligible to do so.

Your priority date is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS. If a labor certification is required to be filed with your immigrant visa petition, the priority date is the date the labor certification application was accepted for processing by the Department of Labor.

Note: The Department of State (DOS) normally posts the new Visa Bulletin the second week of the month before it will take effect. The DOS Visa Bulletin is the official source of these charts. For ease of reference, below is the current chart (posted within two days of DOS’ new Visa Bulletin).

October 2015

Dates for Filing Family-Sponsored Adjustment of Status Applications

Family-Sponsored All Chargeability Areas Except Those Listed CHINA – mainland born INDIA MEXICO PHILIPPINES
F1 01MAY09 01MAY09 01MAY09 01JUL95 01SEP05
F2A 01MAR15 01MAR15 01MAR15 01MAR15 01MAR15
F2B 01JUL10 01JUL10 01JUL10 01JAN96 01JAN05
F3 01APR05 01APR05 01APR05 01OCT96 01AUG95
F4 01FEB04 01FEB04 01FEB04 01MAY98 01JAN93

Dates for Filing Employment-Based Adjustment of Status Applications

Employment-Based All Chargeability Areas Except Those Listed CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01MAY14 01JUL11 C C
3rd 01SEP15 01OCT13 01JUL05 01SEP15 01JAN15
Other Workers 01SEP15 01JAN07 01JUL05 01SEP15 01JAN15
4th C C C C C
Certain Religious Workers C C C C C
5th Targeted Employment Areas/Regional Centers and Pilot Programs C 01MAY15 C C C

Adjustment of Status Infographic

 

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 for issuance to prospective immigrants based on their individual priority date.

On Nov. 20, 2014, the Secretary of Homeland Security directed USCIS to work with DOS to:

  • Ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas, and
  • Improve the Visa Bulletin system for determining when immigrant visas are available to applicants during the fiscal year.

Additionally, in July 2015, the Administration issued its report on Modernizing and Streamlining Our Legal Immigration System for the 21st Century. This report included detailed recommendations to revise and update the monthly Visa Bulletin to better estimate immigrant visa availabilty and provide needed predicability to nonimmigrant workers seeking permanent residency.

USCIS, in coordination with DOS, revised the procedures for determining visa availability for applicants waiting to file for adjustment of status.  The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

This revised process will enhance DOS’s ability to more accurately predict overall immigrant visa demand in determining the cut-off dates for the Visa Bulletin. This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates.  Additional goals are outlined in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st Century.

New Visa Bulletin Charts

The Visa Bulletin will now have two different charts because of the revised procedures. DOS will post two charts per visa preference category in the DOS Visa Bulletin. The charts are:

  • Application Final Action Dates (dates when visas may finally be issued); and
  • Dates for Filing Applications (earliest dates when applicants may be able to apply).

When USCIS determines there are immigrant visas available for the filing of additional adjustment of status applications, the Dates for Filing Applications chart may be used to determine when to file an adjustment of status application with USCIS.  Otherwise, the Application Final Action Dates chart must be used to determine when to file an adjustment of status application with USCIS.

In coordination with the DOS, USCIS will monitor visa numbers each month and post the relevant chart on this page under When to File.

Determining Visa Availability

USCIS considers several factors to determine if there is a greater supply of visas than the demand for those visas. To determine visa availability, USCIS will compare the number of visas available for the remainder of the fiscal year with:

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

Thomas J. Geygan, Jr.

Tom is the owner of Geygan & Geygan, Ltd. and has been practicing law since 1998. He has a general practice, but likes to focus on immigration. He can be reached at 513-791-1673 or email at ThomasJr@geygan.com

Filed Under: AOS Employment, AOS Family, AOS Marriage, Employment, Family based Immigration, Family Member, Green Card, Green Card

Naturalization Oath

July 23, 2015 by Thomas Geygan

Natz2“I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.”

History

Throughout our nation’s history, foreign-born men and women have come to the United States, taken the Oath of Allegiance to become naturalized citizens, and contributed greatly to their new communities and country. The Oath of Allegiance has led to American citizenship for more than 220 years.

Since the first naturalization law in 1790, applicants for naturalization have taken an oath to support the Constitution of the United States. Five years later the Naturalization Act of 1795 required an applicant to declare an intention (commitment) to become a U.S. citizen before filing a Petition for Naturalization. In the declaration of intention the applicant would indicate his understanding that upon naturalization he would take an oath of allegiance to the United States and renounce (give up) any allegiance to a foreign prince, potentate, state, or sovereignty. Applicants born with a hereditary title also had to renounce their title or order of nobility.

Prior to 1906, naturalization courts had little or no guidance on how to apply or administer the law. The law did not include an exact text for the oath. It stated only that an applicant:

“…shall…declare, on oath…that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty; and, particularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court.”

Before 1906, there were as many as 5,000 courts with naturalization jurisdiction. Each court could develop its own procedures for administering the oath. Some courts simply documented that applicants swore an oath. Other courts chose to write and print their own text for the oath, which the applicant would read at the final hearing.

In 1905 a Presidential Commission on Naturalization studied naturalization in the United States. They found that U.S. naturalization courts lacked uniformity. They recommended classifying and summarizing naturalization laws into a code (re-codification), the creation of a federal agency to oversee naturalization procedures, and standard forms for all U.S. naturalizations, including a form for the oath of allegiance.

The Basic Naturalization Act of 1906 implemented many of the Commission’s recommendations, but did not mandate a separate form for the oath of allegiance. Instead, the new Declaration of Intention form and Petition for Naturalization form included some of the substance of the oath. At the final hearing the applicant still recited a spoken oath adapted from the law. In 1906 the Basic Naturalization Act also added the section of the oath requiring new citizens to defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; and bear true faith and allegiance to the same.

An official standard text for the oath of allegiance did not appear in the regulations until 1929. The regulation said that before a naturalization certificate could be issued, the applicant should take the following oath in court:

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, State, or sovereignty, and particularly to __________ of who (which) I have heretofore been a subject (or citizen); that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I take this obligation freely without any mental reservation or purpose of evasion: So help me God. In acknowledgment whereof I have hereunto affixed my signature.

This regulation introduced a signed oath with standardized language. There was still no separate, federal form for the oath. It was most likely printed on the back of the application form.

The Immigration Act of September 23, 1950, added text to the oath of allegiance about bearing arms on behalf of the United States when required by the law; and performing noncombatant service in the armed forces of the United States when required by the law. Prior to 1946, the Supreme Court had ruled that the language in the oath about supporting and defending the Constitution and laws of the United States against all enemies implied a promise to bear arms. This was challenged in the court case of Girouard v. U.S. (328 U.S. 61). The Court ruled that the oath of allegiance did not imply a promise to bear arms. A refusal to bear arms was justified on the basis of religious training and beliefs. Under current law, an applicant opposed to bearing arms or performing noncombatant service because of his or her religious training and beliefs is exempt from taking the full oath of allegiance.

The section of the oath of allegiance about performing work of national importance under civilian direction was added by the Immigration and Nationality Act of 1952 and is the last major addition to the oath of allegiance as it appears today.

Filed Under: Citizenship, Family Member, N-400, Naturalization

The 3 Basic Estate Planning Documents Every Noncitizen in Ohio Needs

July 15, 2015 by Thomas Geygan

Young Family Having Fun In ParkNo one likes to think about estate planning, except lawyers, bankers and financial planners, because no one wants to think about dying.  This is not about dying, but how these documents can help you when you are alive and need help.

Ohio Durable Power of Attorney

A durable power of attorney gives you the power to appoint a trusted family member or friend as an agent to manage your finances if you are no longer capable of managing them yourself, such as if you become temporarily or permanently incapacitated, detained or out of the United States.

If you become incapacitated and have no statutory durable power of attorney in place, a court-ordered guardianship may be necessary. Guardianship is time-consuming and expensive, and can be avoided by creating a power of attorney.

Ohio Medical Power of Attorney

A medical power of attorney allows you to designate a trusted family member or friend to make medical decisions for you if you become unconscious or mentally incapable of making those decisions for yourself.

Medical powers of attorney are not just for the elderly. Unexpected injuries or illness can occur at any age, so all adults should have one in place.

HIPAA Authorization

HIPAA, the Health Insurance Portability and Accountability Act, is a Federal law that sets  rules and limits on who can look at your medical records or receive your health information. Covered entities that violate HIPAA face stiff penalties, which make them reluctant to share medical information with anyone but the patient, even close family members.

A HIPAA authorization allows you to name an individual who can have access to your medical information so your health care provider or insurance company have no reservations about sharing medical information with those whom you have authorized.

Think about how these documents can be helpful to you and your family members.  If you have questions please call so we can discuss these documents and your best options.

Filed Under: AOS Family, AOS Marriage, DACA/DAPA, Family based Immigration, Family Member, Immigration, Immigration Court, Soap Box, TIPs, Waiver

Gahanna Cabinet approves memorandum on child adoption and others

February 18, 2015 by Thomas Geygan

Flag_of_Ghana.svgCabinet has granted approval for memoranda on children for the Ministry of Gender Children and Social Protection as follows:

  • Ratification of The 1993 Hague Convention on Inter-Country Adoptions
  • Amendment of the Children’s Act
  • Approval of Child And Family Welfare Policy and
  • Approval for the Optional Protocol to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography to be Laid Before Parliament for Ratification

The ratification of the 1993 Hague Convention on inter-country adoption, will enable Ghana to better comply with the provisions on alternative care as provided for in the Convention on the Rights of the Child, and thereby better protect the best interest of the child. It will also provide an opportunity for Ghana to regulate its laws on inter-country adoptions.

Cabinet’s approval for ratification of the Convention will enable Government to create a Central Authority for Adoption in Ghana to be responsible for the processing of all inter-country adoptions. Furthermore, Ghana’s accession to the 1993 Hague Convention on Inter-country Adoption, will make monitoring of children placed in inter-country adoption effective.

Ghana’s accession to the 1993 Hague Convention on inter-country adoption requires that the Children’s Act be amended. For this reason, Cabinet has approved a request from the Ministry of Gender, Children and Social Protection to amend the Children’s Act.

The Child and Family Welfare Policy approved by Cabinet, seeks to establish a well-structured and coordinated Child and Family Welfare system that promotes the wellbeing of children, prevents abuse and protects children from harm. The overall goal of the Policy is to help formulate child and family welfare programs and activities to more effectively prevent and protect children from all forms of violence, abuse, neglect and exploitation. The Policy is guided by national and internationally-recognized principles, as well as values, beliefs and practices specific to Ghana.

The Optional Protocol to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography has been approved to be laid before Parliament for ratification. The Optional Protocol criminalizes the sale of children, child prostitution and child pornography. The Optional Protocol, seeks to reinforce the protection of the rights of the child and thus guarantee such rights as relate to sexual and economic exploitation and from doing any work that will interfere with the child’s education or harmful to the health, moral or social development of child.

Filed Under: Adoption, AOS Family, Family based Immigration, Family Member, Immigration

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