All posts by : 최경규 변호사

Faster Processing in Immigration Courts with 100 New Judges

According to data compiled by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, immigration court proceedings appear to be moving faster in the 2023–2024 fiscal year. During the COVID-19 pandemic, immigration courts experienced a shortage of judges, causing a backlog that exceeded three million pending cases. Now that more than 100 new immigration judges have been added, the volume of completed cases has risen by about 50%. Observers are watching closely to see if this pace will continue.

In the first three months of the 2023–2024 fiscal year, about 200,000 cases were resolved, compared to around 132,000 in the same period a year earlier—an increase of nearly 50%. This represents an average of 60,000 completed cases per month, up from about 40,000 previously. If this trend continues, the total number of cases adjudicated in the 2023–2024 fiscal year could far surpass the 672,671 cases completed in 2022–2023.

Nevertheless, as of December 2023, the backlog in immigration courts stands at over 3.28 million pending cases, the highest level ever recorded. Whether the new judges can effectively reduce this backlog remains to be seen.

Among the approximately 200,000 cases resolved so far this fiscal year, about 35.1% ended with an order of removal or voluntary departure. Specifically, 63,953 individuals were ordered removed. The highest numbers came from nationals of Honduras (12,204), Guatemala (10,414), Mexico (8,325), Nicaragua (5,499), and Colombia (4,451). Fourteen Korean nationals were ordered removed, and six accepted voluntary departure. In removal order cases, only 15.9% of respondents were represented by attorneys.

By local jurisdiction, Harris County in Texas saw the most completed immigration cases this year, with 11,503, followed by Los Angeles County in California with 10,020 cases resolved. Miami-Dade County in Florida processed 5,484 cases, Queens County in New York handled 4,739, and Kings County in New York had 3,935 completions.

(Source: Kim Eunbyul)

Q: Has USCIS recently relaxed the 3-year/10-year bar for unlawful presence?
A: Yes, it has. USCIS recently clarified, in writing, that any 3-year or 10-year reentry ban triggered by unlawful presence continues to run even if the individual reenters the United States during the bar period—though they reenter without inspection or otherwise. This is consistent with prior BIA decisions and federal court rulings. We can refer to this grace period as the “statutory countdown.”

Q: Who benefits from this new clarification?
A: For instance, someone who accrued between 6 months and 1 year of unlawful presence, then departed, would have faced a 3-year reentry bar. Or someone who accrued over 1 year of unlawful presence would have faced a 10-year bar. Under the new clarification, these bars continue to “count down” whether the person remains outside the U.S. or reenters without inspection. If the bar period has fully elapsed, the inadmissibility might no longer apply, and they might not need a waiver. However, note that reentering without inspection may raise other issues, such as misrepresentation or additional immigration violations, for which a separate waiver might still be required.

As an example: Suppose someone overstayed by 7 months, left the U.S., triggered the 3-year bar, and then reentered on some type of visa or parole after 1 year. If the clock continues to run, by the end of the original 3-year ban period, the bar would presumably have expired. This means they would no longer be subject to that particular bar. The same logic applies to the 10-year bar if the person returns after fewer than 10 years. Once 10 years from the date of departure have passed, they should no longer be subject to that specific bar for unlawful presence—although they could still face other inadmissibility grounds.

If someone was denied a visa or forced to file a waiver in the past because the 3/10-year clock was paused, they might now have grounds to seek a Motion to Reopen if the new interpretation benefits them.

Contact
(714) 295-0700
greencardandvisa@gmail.com
KakaoTalk ID: greencards

Q: Can I pay USCIS filing fees by credit card?
A: Yes. For most applications submitted to a USCIS Lockbox (except certain forms like I-129 for H visas), you can pay filing fees by credit card. USCIS originally began accepting credit card payments at the Nebraska Service Center and has gradually expanded the types of forms and filing locations eligible for credit card payment. Currently, payment is limited to U.S.-issued credit cards; foreign-issued cards are not accepted. Also, to pay by credit card, you must complete Form G-1450.

Q: How does credit card payment work?
A: Using a credit card does not change the required filing fee amounts. You simply consolidate the filing fee—plus any biometric services fee, if applicable—into a single payment. In other words, you may pay both the base filing fee and the biometrics fee together on one G-1450. If you need to use more than one credit card for a single application, you may do so as well. Conversely, if you want to pay for multiple applications at once using one card, you must fill out a separate G-1450 for each application. You can also split payment between credit card and check, but in that case, you must separate the applications accordingly. Anyone’s credit card can be used, as long as the cardholder signs the form; it need not be the applicant’s card. There is no option to pay in installments—you must pay the entire fee upfront. If your credit card is declined for any reason, USCIS will reject your filing, and they typically do not attempt to process the payment again.

Q: Will credit card payment be expanded to all forms in the future?
A: USCIS is currently running this as a “pilot program” and aims to improve payment options. Their ultimate goal is to accept fully digital payments by credit card for nearly all application types. For now, they continue to gradually expand the range of forms that may be paid by credit card.

Contact
(714) 295-0700, (213) 285-0700
greencardandvisa@gmail.com
KakaoTalk ID: greencards

Q: Can I change the category of an employment-based green card that is currently pending?
A: If you wish to change to a less backlogged employment-based category such as EB-1 or EB-2, you can do so under certain conditions. There is currently a surplus of visa numbers in EB-1 and EB-2, partly due to the large number of unused family-based visas carried over from the previous fiscal year. For example, last year, around 140,000 family-based visas were not utilized and thus rolled over to the employment-based category. Additionally, if EB-5 investor visas go unused, their available numbers can roll down first to EB-1 and then to EB-2, though not to EB-3.

Q: How can I change the category of a pending employment-based green card?
A: If you have been stuck in EB-3 and wish to upgrade to EB-2 (or EB-1) provided you meet the eligibility requirements, you can do so by filing a new petition (or using an already approved one) and requesting a “category change.” If you already have an approved I-140 in a higher category, you can submit Form I-485 Supplement J (485J) requesting that USCIS “transfer” your pending green card application to that approved category. If your I-140 in the new category is not yet approved and is still pending, you can file the new petition with proof of your earlier I-485 receipt. Applicants who have been stuck in EB-3 for a long time may consider upgrading to EB-2 or EB-1 if they meet the relevant requirements.

To benefit from a category change, you must satisfy the following:

1. You must still be in valid nonimmigrant status (or at least have a pending I-140 so that you can remain “in line”);
2. You must qualify for the new category (e.g., EB-2 typically requires an advanced degree or equivalent, EB-1 has its own specific criteria such as extraordinary ability or managerial/executive qualifications);
3. The new category must be “current” or have visa numbers immediately available for your priority date.

USCIS will also check whether the job offer remains valid. If USCIS approves the transfer, the 180-day portability clock for changing employers (porting) essentially restarts from the time of the approval under the new category.

Contact Information
(714) 295-0700
greencardandvisa@gmail.com
KakaoTalk ID: greencards
Attorney K. Choi

Q: Who is eligible to benefit from this relief bill?
A: The people covered by the proposed relief plan are those who arrived in the United States before 2011 and have continuously resided in the U.S. since then, and who have lost their legal status as of the date of the bill’s enactment. This includes both individuals who initially entered with a visa and those who entered the country illegally (without inspection). Although the final regulations would make it clearer, it is highly likely that even those currently in removal proceedings would be included in the relief measure. Furthermore, because the bill does not explicitly state that “you must already have lost your status at the time of enactment,” individuals who lose their status after the enactment date might also be covered, depending on how the regulations are interpreted. However, there will be restrictions for those with certain criminal records, and applicants must pay related fees. Consequently, those who have committed drug trafficking, prostitution, human trafficking, money laundering, or a crime involving moral turpitude (CIMT) may be disqualified, except for certain minor or one-time offenses.

Q: What benefits does this relief plan provide?
A: Within 90 days of the bill’s enactment, implementing regulations would be issued, and within another 90 days, applications could be filed. Those who meet the criteria would receive a five-year “parole” status, freeing them from deportation and granting them an Employment Authorization Document (EAD) and a Social Security number. This would allow them to work legally and travel overseas if they obtain a travel permit (advance parole). The initial parole status would be valid for five years, with the possibility of extension until September 30, 2031. Additionally, with a REAL ID-compliant license or ID, they could board domestic flights.

Meanwhile, unused visa numbers would be made available for reuse, which means people with already-approved family-based petitions or those stuck waiting for employment-based priorities might be able to file green card applications earlier. Specifically, a person whose I-130 has been approved can file for adjustment of status if more than two years have passed since the initial filing, without regard to the usual priority date backlog. This approach aims to expedite the process and reduce the lengthy wait times many have endured.

Contact Information
(714) 295-0700
(213) 285-0700
greencardandvisa@gmail.com
KakaoTalk ID: greencards
Attorney K. Choi

Q: What is included in the budget reconciliation bill that passed the House today?
A: The U.S. House of Representatives has passed the “Build Back Better (BBB)” bill, one of the budget reconciliation packages, and sent it to the Senate. This bill proposes, among other things, a “temporary” relief plan for seven million undocumented immigrants through “parole,” as well as the reuse of unused employment-based green card quotas and a provision to allow past Diversity Visa (DV) lottery winners to apply beyond the usual deadline.

Under this “parole” relief plan, individuals who entered the country before January 1, 2011, and have since lost their status can obtain parole, freeing them from the threat of deportation and giving them the opportunity to apply for a green card under certain conditions. As of now, the Senate Parliamentarian, Elizabeth MacDonough, has not issued an opinion on this proposal.

For recipients of parole—whether they originally entered without inspection or overstayed a visa—parole would function similarly to an official “admission” to the U.S. For those who qualify as immediate relatives, it would allow them to apply for a green card from within the United States (similar to “Parole In Place (PIP)” granted to military families). Undocumented individuals who entered with a visa but fell out of status could also acquire “lawful presence” through this new parole.

Additionally, if someone maintained valid status for a long time but only recently lost it, they might be able to use the benefits of “245(k)” to file for an employment-based green card. Section 245(k) of the Immigration and Nationality Act allows a person who has accrued less than six months of unlawful presence to adjust status through employment-based sponsorship. However, this opportunity is limited to those who have already prepared the first step of the employment-based green card process (Labor Certification, or “LC”).

Q: What are the chances that the bill will pass the Senate?
A: So far, Senator Joe Manchin of West Virginia has expressed opposition, leaving it uncertain whether the bill can pass in the Senate. Another potential opponent, Senator Kyrsten Sinema of Arizona, has not publicly expressed opposition at this point. Since the Senate is split 50-50, the bill would require unanimous support from all 50 Democratic senators (with no defections) to pass via reconciliation.

Contact Information

• Attorney K. Choi, Immigration Law Specialist
• (714) 295-0700
• greencardandvisa@gmail.com
• KakaoTalk ID: greencards

Q: Is there a good solution when it’s difficult to find a financial sponsor?
A: There is a way to handle the financial sponsorship issue on your own by obtaining a “joint-sponsor exemption.” Many people qualify for this but remain unaware of the related regulations, so they struggle to find a sponsor. If you have paid taxes for at least 10 years (total of 40 quarters) in the U.S., you can qualify for an exemption from the financial sponsorship requirement. In other words, if the green card applicant has a valid Social Security number (SSN) and has reported enough income for at least 10 years, they do not need a separate financial sponsor. However, the SSN must have been obtained legally, and if you ever received public benefits such as Medicaid, that time must be excluded from the total. Once you receive the exemption, the sponsor’s obligation does not arise in the first place. Even if you filed taxes while out of status (undocumented), as long as you can prove those filings, you may still qualify.

Also, the amount of reported income each year needs to meet or exceed the Social Security Administration’s threshold for earning one quarter. This amount changes slightly each year. For example, in 2021, the annual income required to earn one quarter was $1,470, while in 2000 it was $780.

Q: Can my spouse or child also receive this benefit?
A: If your spouse has been married to you throughout those 10 years of tax filing, they may qualify for the joint-sponsor exemption as well, even if they did not personally file or did not have enough income. Additionally, a child under 18 shares in the quarters (credits) that the parent earned. This credit does not disappear when the child turns 18. Thus, if the child later applies for a green card after age 21 and has 40 quarters of credits through the parent, they would not need a separate financial sponsor.

Contact: (714) 295-0700, (213) 285-0700, greencardandvisa@gmail.com, KakaoTalk ID: greencards

Q: What does it mean for a crime to be considered “grounds for inadmissibility”?
A: A “grounds for inadmissibility” crime refers to something that disqualifies you from obtaining or renewing a green card or visa. It can also prevent reentry for a green card holder at airports or other ports of entry. It does not matter whether the crime occurred inside or outside the United States.

Q: What types of crimes restrict a green card?
A: The following types of crimes can restrict or bar you from obtaining a green card or visa:

1. Crimes Involving Moral Turpitude (CIMT)
   These are crimes involving moral turpitude, such as fraud or theft. If someone received a conviction solely for political reasons, it is excluded. However, there are two exceptions through which someone might still be permitted entry despite a CIMT:
   1. If the offense occurred before the individual turned 18 and more than five years have passed since they were released from any resulting confinement, they may still be eligible for a green card.
   2. If a CIMT is considered a “petty offense” for which the maximum possible sentence does not exceed one year and the actual imprisonment was six months or less, the person may not be deemed inadmissible for this single offense.
2. Drug-Related Crimes
   Even possession of less than 30 grams of marijuana is grounds for inadmissibility. However, a waiver can sometimes be requested for this.
3. Multiple Convictions
   If someone has multiple convictions with total sentences adding up to five years or more, they may be deemed inadmissible. This can apply even if the sentences were imposed concurrently or over multiple trials.
4. Mere Suspicion of Drug Trafficking
   Even without a formal conviction for drug trafficking, if a consular or immigration officer believes an individual engaged in drug trafficking, assisted in it, conspired to commit it, or aided and abetted it, that person is included. Additionally, if the spouse, son, or daughter benefitted from drug trafficking within the last five years—knowing or having reason to know about it—they may also face inadmissibility.
5. Prostitution
   Anyone who has engaged in prostitution within the last ten years is inadmissible. Not only those who engage directly in prostitution, but also those who arrange it, profit from it, or intend to work in prostitution or a similar business in the United States are inadmissible.
6. Claiming Immunity from Serious Crimes
   If someone committed a serious crime in the U.S. but claimed diplomatic or other immunity to avoid prosecution, left the country without facing the U.S. court system, and never returned for trial, they are inadmissible.
7. Violation of Religious Freedom
   Individuals who, while serving as officials of a foreign government, were involved in particularly severe violations of religious freedom may be deemed inadmissible.
8. Human Trafficking
   Human trafficking includes smuggling people into the country, or bringing people in for unlawful purposes. Anyone who has conspired, assisted, or abetted trafficking is also included. Similar to drug trafficking, if a spouse or child (within the last five years) knew or should have known that they benefited from trafficking proceeds, they may be deemed inadmissible. However, a child who was a minor at the time may be exempt.
9. Money Laundering
   Not only the main perpetrator but also anyone who has instructed, assisted, conspired, or aided in money laundering is included.

Q: Is there a waiver (form of relief) if someone has grounds of inadmissibility?
A: Yes. Although not all crimes are eligible for a waiver (murder or torture crimes are typically excluded), it is possible in some cases to apply for and receive a waiver under certain conditions. The following crimes can be waived:

1. A single conviction for simple possession of less than 30 grams of marijuana.
2. Crimes Involving Moral Turpitude.
3. Prostitution.
4. Multiple offenses leading to an aggregate sentence of five years or more.
5. Serious crimes committed in the U.S. for which the individual claimed immunity, left the country, and never faced U.S. justice.

Q: How do I apply for a waiver?
A: To request a waiver, you must demonstrate one of the following:

1. Fifteen years have passed since the commission of the crime (excluding prostitution), and granting admission would not be contrary to the welfare, safety, or security of the United States. You also must show evidence of rehabilitation and that you have become a “new person.”
2. If you are the spouse, parent, or child of a U.S. citizen or permanent resident, you must prove that denial of your green card would cause them “extreme hardship.”
3. You are filing under VAWA (Violence Against Women Act).

Q: What does a genuine marriage mean?
A: A “genuine marriage” is one in which two people marry because they love each other, rather than marrying solely for the purpose of obtaining a green card. In the case of a marriage fraud, both parties typically conspire to fake a marriage, but even if only one person is motivated “solely by obtaining a green card,” it is considered so-called “marriage fraud.” The burden of proving that a marriage is genuine lies with the applicant. Therefore, you must provide ample evidence and documentation to demonstrate the authenticity of the marriage in order to obtain a green card.

Q: Under what circumstances would a marriage be suspected of not being genuine?
A: Although not always the case, marriage fraud often appears in fairly typical patterns. One party is usually in desperate need of a green card, while the other is often in urgent need of financial gain. Furthermore, common red flags include marriages where the couple does not share a common language, marriages kept secret even from family members, marriages entered “in a hurry” to fix an immigration status after the visa expires or when someone is in removal proceedings, or situations in which the couple does not live together even after marriage. Such factors can raise suspicion.

Q: How can I prove that my marriage is genuine?
A: One of the best ways to prove a genuine marriage is to show that you have a genuine “physical and economic community.” For example, living together is strong evidence, and living together naturally generates additional evidence such as a lease, mortgage, utility bills, driver’s licenses, and so on. Of course, having a child between the two spouses is the strongest possible evidence. Even in the case of a stepchild, showing that there is a relationship (e.g., contact and involvement) can serve as good evidence.

Additionally, demonstrating that you and your spouse share financial activities such as a joint account is also very strong evidence. Buying assets in both names, filing taxes jointly, or naming the spouse as a beneficiary in a life insurance policy or trust are all good indicators of an economic community.

Showing that you have a personal closeness that only a married couple would share can also be very helpful. This could include photos from your wedding ceremony or trips (including overseas trips), pictures of family gatherings, visits to the other spouse’s family, phone call or text message logs, and social media photos. Affidavits from friends or acquaintances verifying the authenticity of your relationship can also be a valuable form of evidence.

Q: What if USCIS becomes suspicious? How can I overcome that?
A: There is no need to panic simply because the circumstances of your marriage may appear suspicious. Everyone’s situation is different, and there are always ways to prove your marriage is genuine.

1. If you cannot live together
   Situations may arise where the couple cannot live together due to schooling or employment. Although not living together may raise questions, it is not a problem if you can demonstrate that you still maintain a “normal marital relationship”—for example, staying in frequent contact, maintaining a shared financial life, and having future plans to live together.
2. If there is a large age gap, cultural difference, or other significant discrepancies
   A substantial age difference, different cultural backgrounds, or even a case where the couple does not speak the same language can make USCIS suspicious. Nevertheless, if you can thoroughly explain how your relationship began and how you fell in love—thus showing that these differences do not hinder your relationship—then you can overcome any misunderstandings. In these situations, proving the sincerity of the spouse who might raise more questions (for example, the younger spouse) can be especially important.
3. If you have a history of previous denials
   Even if you were previously denied a marriage-based green card or another type of green card, it will not typically cause problems unless you were involved in immigration fraud. If you were involved in immigration fraud in the past, you may still be able to receive a green card by obtaining a waiver. You can apply for this waiver along with your green card application, or even after a denial.
4. If you or your spouse have had a suspicious prior marriage or previously petitioned for someone else
   If your spouse has previously filed a petition for someone else or if there was a suspicion of fraud in a prior marriage, USCIS might treat your new application with suspicion. However, if you can show that the present marriage is indeed genuine, you can still be approved. It can help to provide a thorough explanation of the context surrounding any previous marriages, so that no misunderstandings arise.
5. If you and your spouse make different statements during the interview
   Sometimes, a small mistake made during the marriage interview can cause the green card to be denied. While a single discrepancy in testimony usually does not lead to denial, if USCIS is already suspicious, you should be especially cautious. It is a good idea to anticipate potential questions, prepare solid explanations that can clear up doubts, and study them together thoroughly with your spouse.
6. Home visits by USCIS
   If USCIS is suspicious, an immigration officer may make an unannounced visit to your residence. If you have stated that you live together, it is best for you to actually reside at that address. Furthermore, you should show that you share the same bedroom within that residence.

In short, evidence for the authenticity of the marriage should be provided through documents or statements. Even if it is a genuine marriage, you will not be able to obtain a green card if you fail to prove that authenticity. Conversely, even if the marriage is not real, you could hypothetically receive a green card if you provide enough compelling evidence. Hence, it is essential to be well prepared.

Contact Information: (714) 295-0700, (213) 285-0700, greencardandvisa@gmail.com, KakaoTalk ID: greencards

On February 18, “The U.S. Citizenship Act of 2021” was officially introduced in Congress. This bill is based on the comprehensive immigration reform plan unveiled by President Joe Biden shortly after taking office. While there remain many hurdles before it can be enacted, the fact that it signals an end to the Trump administration’s anti-immigrant policies and a return to a more pro-immigration stance in America is a hopeful sign.

In addition to reflecting a strong determination to normalize immigration services that were abnormally delayed under the previous administration, this bill includes the most radical set of relief measures seen in 30 years. If the legislation passes, it would open a path to lawful status for over ten million undocumented immigrants—those who have been living in the shadows—while also making family-based and employment-based immigration more accessible. Further, it would provide more opportunities for families to remain together during the process.

The legislation spans over 300 pages, but the following two issues can be identified as its core elements:

Relief Measures for Undocumented Immigrants

To achieve this relief, the bill creates a new immigrant category called “lawful prospective immigrant status.” The basic goal is to grant those who have been living without lawful status a chance to acquire legitimate status through two main routes:

1. Undocumented Immigrants
2. DACA (Deferred Action for Childhood Arrivals) recipients, Short-Term Agricultural Workers, and TPS (Temporary Protected Status) beneficiaries

Any undocumented individual living in the United States as of January 1, 2021, would be able to obtain “lawful prospective immigrant” status, which would allow them to work and travel abroad. After five years, they could apply for a green card following tax payments and a criminal background check, and three years after obtaining their green card, they could apply for U.S. citizenship. Meanwhile, DACA recipients, short-term agricultural workers, and those with TPS could apply for a green card immediately without the five-year waiting period.

Moreover, the rule that imposes a three-year reentry bar on those who leave the U.S. after having accrued six months to a year of unlawful presence—and a ten-year bar on those who accrued over a year of unlawful presence—would be eliminated.

Facilitating Family-Based and Employment-Based Immigration

On the family-based side, the bill addresses the issue of families being separated for long periods due to visa constraints. Until now, if a family member was applying for a green card from abroad, they often could not obtain a visa and thus faced extreme difficulty in entering the United States. Under the new bill, once an I-130 petition is approved, the family member would be able to receive a temporary visa called a V Nonimmigrant Visa, enabling them to stay in the U.S. with their family while waiting for the green card to be issued. This is a groundbreaking measure that, if passed, could reunite families that have been separated for years during the immigration process.

On the employment side, Congress would expand the annual quota of available work visas. It also seeks to restore normal processing for H-1B specialized worker visas, where denial rates skyrocketed from around 6% to 30% under President Trump. Under this proposal, H-1B spouses—who were previously restricted from working—would be granted work authorization, and the age limit that previously allowed only children under 21 to join the applicant in the U.S. would be removed. Additionally, the bill aims to increase the per-country quota for employment-based visas and provide special immigration benefits for highly educated STEM professionals, reflecting a strategy to expand immigration opportunities for skilled workers and professionals.

Under President Trump, USCIS’s adjudication became exceedingly strict, leading to a rise in backlog cases and a significant increase in denials. This bill includes measures to modernize and expedite these processing procedures.

It also addresses the revival of DACA (which until now has only allowed renewals for existing recipients, barring new applicants), easing indiscriminate ICE raids and deportations, and broadening immigration through diversity lottery programs.

As noted, many legislative hurdles remain before this bill can clear both the Senate and the House, and it may not pass in its entirety. However, the mere fact that a new, more welcoming immigration policy era is unfolding is highly encouraging. In truth, the recent difficulties in immigration did not stem from a change in the underlying immigration laws, but rather from a series of executive orders under President Trump that complicated immigration procedures. In other words, the administrative processes of USCIS are heavily influenced by the perspectives and policy directions of the administration in power. Therefore, regardless of whether this reform bill is enacted in full, USCIS’s practical approach is likely to shift dramatically, potentially reducing wait times and accelerating processing of backlogged cases—changes that many hope will lead to a more positive and efficient system.