Visa Lawyer Blog

Some more news to report from our local community. Three teenagers who were detained by immigration officials at a trolley station and sent to Mexico last month have been allowed to return to the United States on what is known as humanitarian parole.

The students, ages 15, 16 and 17, reunited with their families in San Diego about 10 a.m. Wednesday. They are working on hiring an attorney and will face an immigration judge in the near future to present their cases for legal residency.

The teens were among 21 suspected illegal immigrants detained at the Old Town trolley stop May 20 in a joint operation led by the U.S. Transportation Security Administration and Border Patrol.

The students, who were on their way to school, admitted to being in the country illegally after being questioned by federal agents and were voluntarily returned to Mexico, said Daryl Reed, supervisory agent for the Border Patrol. He said they were sent to Mexico after officials failed to find proper legal guardians for the teenagers in the United States.

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Posted In: Family Visas , San Diego Immigration Law

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Rep. Brian Bilbray (R-Calif.) accused the White House on Saturday of playing politics with immigration reform, after President Obama delayed meeting with congressional leaders to discuss the topic this upcoming week.

The longtime anti-illegal-immigration lawmaker questioned the administration’s motives in setting up a bipartisan meeting with members of Congress on comprehensive reform only to exclude key GOP members, on both sides of the dome, from the session that White House officials announced last Friday had to be rescheduled for the second time.

Majority Leader Harry Reid (D-Nev.), a close friend of Bilbray’s despite their opposing positions on the issue, pledged to make comprehensive immigration reform happen before the end of the 111th Congress.

“As far as I’m concerned, we have three major issues we have to do this year, if at all possible: No. 1 is healthcare; No 2 is energy, global warming; No. 3 is immigration reform,” Reid said on June 4.

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Mr. Charles Oppenheim of the Department of State Visa Office has advised AILA of the following predictions for the movement of priority dates for the remainder of FY2009 and future years. He estimates that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). Mr. Oppenheim notes that the estimates provided on visa availability for the remainder of FY2009 were based on USCIS processing during the first 7 ½ months of the fiscal year, and any changes to USCIS processing patterns would impact availability. Mr. Oppenheim reported:

* The employment-based fourth preference, which includes religious workers and other special immigrants, has experienced a surge in usage of immigrant visa numbers this year. While this preference is current for June 2009, continued heavy demand for numbers could require the establishment of a cut-off date later in the fiscal year.

* The employment-based fifth preference (immigrant investors) has also experienced a surge in usage of immigrant visa numbers this year.

* The surge in usage of the employment-based fourth and fifth preference numbers is significant beyond those specific categories themselves because, historically, there have been substantial unused numbers in these categories which have been used to meet demand for visas in the employment-based first and second preference categories, allowing the China and India cut-off dates to advance further than would be possible if those categories are limited to only their annual limits. This means EB2 immigrants from China and India could have an even longer wait to obtain green cards.

* The EB1 category worldwide will remain current the rest of the fiscal year but demand is high.

* The EB1 categories for India and China will be current during the month of July 2009, but could require the establishment of a cut-off date in August or September should EB1 demand remain heavy. As noted above, China and India have previously benefited from the excess EB1 numbers for all other countries because excess visa numbers from other countries "fall across" the EB1 category to India and China. The high demand from other countries this year means there are fewer numbers to "fall across" to India and China.

* EB2 India. The prognosis is grim. For July 2009, the cut-off date is January 1, 2000, and the category may become unavailable in August or September of 2009. There are currently approximately 25,000 EB2 India cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for the "green cards" to be approved. Like all other countries, India has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" numbers from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades.

* EB2 China. The prognosis is equally grim. As of July 2009, the cut-off date will be January 1, 2000 and the category may become unavailable in August or September of 2009. There are a significant amount of EB2 China cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for approval of the adjustment of status. Like all other countries, China has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for China born EB2 applicants may also be many years.

Continue reading "Department of State Advises of bad news on Visa Number Availability for Those Born in India or China!" »

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The July 2009 Visa Bulletin was released. As we anticipated, the only change is the EB-2 China category which changed and retrogressed 5 years. All other categories remain unchanged. Here is a summary of the July 2009 Visa Bulletin:

* EB-1 remains current across the board.
* EB-2 remains unchanged for all categories except as noted above for EB-2 China: EB-2 (Rest of World) is current, EB-2 China and EB-2 India are January 1, 2000.
* EB-3 is unavailable for all categories.
* Other worker visa numbers are also unavailable.

In one of the comments to the July 2009 Visa Bulletin, the State Department notes that the retrogression of EB-2 China has been necessary to take into account the high demand of visa issuances so far this fiscal year. As a result, visa availability during the final quarter of the fiscal year is likely to remain very limited as some employment-based categories approach or have already reached their annual numerical limits.

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I'm at the annual meeting of the American Immigration Lawyers Association here in Las Vegas. More than 10, 000 lawyers gathered here in Las Vegas to learn about the most recent updates from the Government directly.

We just finished a session with the Department of Labor. Some of the key news is that more company audits are on the way. In fact, currently there are 200 cases pending in the audit line. They promised more audits as the icert system will become a standard in filing PERM, LCA and Prevailing wage requests.

Also H2B cases now must prevailing wage requests directly with the Chicago DOL center. There is a slight delay in processing. They are currenlty working on PWD's filed on May 8th or before. Wea ll need to be patient.

I will keep posting more updates as the day progresses. Next I am off to the USCIS open forum. More exciting news to report soon.

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A few days ago, Attorney General Eric Holder, vacated the decision in Matter of Compean and directed the BIA and Immigration Judges to apply the decision in Matter of Lozada for claims of ineffective assistance of counsel, pending promulgation of relevant regulations.

Attorney General Eric Holder withdrew the decision issued by former Attorney General Mukasey on the last day of the Bush Administration, which had eviscerated the right to effective representation in Immigration Court proceedings. Attorney General Holder had stated during his confirmation process that he would review the Mukasey decision and that he disagreed with its reasoning.

By ensuring that immigrants seeking relief from the harsh consequences of deportation are assured that they will not be punished by the ineffective actions of their counsel, Attorney General Holder has reset the standard that the Constitution ensures.

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Posted In: Deportation & Removal , Family Visas , San Diego Immigration Law

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USCIS is announcing that applicants may experience up to an eight week delay in the delivery of their permanent resident card while we are in the process of upgrading our card production equipment. USCIS Field Offices will be issuing temporary evidence of permanent residence in the form of an I-551 stamp to applicants approved for permanent residence at the time of their interview. You will need to take your passport to your appointment. If you do not have a passport, you must bring a passport style photo and government issued photo identification to receive temporary evidence of permanent residence.

If the application is approved subsequent to your interview or by a Service Center or the National Benefit Center, the applicant should bring the above documents to an INFOPASS appointment to be issued temporary evidence of permanent residence in the form of an I-551 stamp.

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Recent procedures obtained from USCIS for identifying and handling Diversity Visa ("DV," also known as "lottery") Form I-485s. These procedures are designed to increase the likelihood that these applications will be adjudicated by the September 30 deadline.

The National Benefits role is very limited. Each Form I-485 is reviewed at the Lockbox against an initial evidence review checklist. Once a Form I-485 is identified as a DV application, which usually occurs at the Lockbox, but if not, should be identified promptly at NBC by reviewing the checklist, NBC stops processing the Form I-485 and sends it to the Field Office with jurisdiction over the applicant.

The ASC appointment notice for biometrics will still be generated as part of the NBC process. The Field Office has to manually schedule an interview for the DV applicant. This should result in faster processing, and avoid any delays. As you may know, applicants must complete the process by September 30 of the year they are selected for the DV. Otherwise, the visa will be lost.

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They say that America is the land of opportunity, and therefore, so many people desire to Immigrate to this country.

Amid the news of an upcoming General Motors bankruptcy, the recession is not showing any signs of retreat. During these tough economic times, many institutions are trying to do their share to ease up the pain. US Citizenship and Immigration Services is not one of them. For USCIS this is business as usual.

When one applies for a US visa, whether it is for a Temporary work visa or for Permanent Residency, there is a fee charged for the processing of the application. These fees paid to the government range between $300 and $1365, depending on the type of application. While this is expensive, it is acceptable so long as it represents the actual costs of the service provided. Yet, there is a growing school of thought that USCIS currently charging fees way out of line with the actual costs.

The government should not be profiting from the fees it charges for its services. Permanent Resident and Temporary Visa applicants should not be used as cash machines for the American government. The government will already benefit from their tax dollars as they contribute to the economy. It is not right to ask immigrants to carry more than their share of the burden of paying for the general operation of government. Especially in this economic crisis.

When the government earns profits from application fees, this amounts to a form of extra taxation. Yet while other taxes in America have to be approved by Congress, visa application fees do not, making them a form of taxation without representation, and this goes against the basic principles of our democracy.

Asking individuals to cover the cost of their visa applications is fair. Using these applications to earn profits and not make any concessions in this recession is not. Immigrants are important contributors to the success of the American economy. They should be treated with respect, and not taken advantage of. We are all in this boat together.

My 2 cents.

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Posted In: Family Visas

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US Senator Robert Menendez (D-NJ), along with Senators Kirsten Gillibrand (D-NY), Edward Kennedy (D-MA) and Charles Schumer (D-NY) today introduced legislation to re-emphasize family unity in the US immigration system. The Reuniting Families Act would help legal immigrants reunite with their families and end decade-long waiting times for legal immigrant visas.

Senator Schumer said: "No matter our disagreements about how to reform our immigration laws, we can at least agree that families should not be made to suffer in the process. We can have a policy that is tough, but fair, and emphasizing family unity as a principle is key to ensuring that fairness."

The legislation would reinforce the historical emphasis on families in the immigration system and reduce current wait times in the family immigration system by:

* Helping an estimated 322,000 spouses and children under the age of 21 of lawful permanent residents who are waiting in line to reunite with their families by reclassifying them as immediate relatives
* Addressing the decades-long backlogs for certain countries by raising the per-country immigration limits from 7 percent to 10 percent of total admissions
* Protecting widows, widowers and orphans by allowing them to continue to wait in line for a visa after the death of the sponsoring relative.
* Utilizing an estimated 400,000 family-sponsored and employment-based visas that went unused between 1992 and 2007.
* Respecting the contribution of Filipino World War II veterans by reducing their children's waiting times for an immigrant visa.
* Promoting family unity by allowing more people who are already eligible for an immigrant visa to efficiently use our legal family immigration system.
* Providing equal treatment for stepchildren and biological children by allowing stepchildren under the age of 21 to immigrate upon their parents' marriage (current age limit is 18).

We welcome this legislation. It seems that we are on the right track for Immigration Reform, or something close.

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Posted In: Comprehensive Immigration Reform , Family Visas

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The information that is provided in this post is relevant as of Friday May 15, 2009. This is coming from our local AILA chapter Chair.

As many of our readers know, at the conclusion of the Marriage based adjustment of status interview, the immigration officer, upon approval, used to stamp the immigrant's passport with the I-551 (Green Card) stamp. This used to be an immediate proof that the case has been approved and the applicant could work and travel using this stamp. As the actual production of the Green Cards became so fast, the practice of stamping applicants' passports stopped as well in most states across the nation.

The stamp mentioning temporary evidence of I-551 or permanent resident status is valid for a year. It is valid proof of permanent resident status for employment and travel purposes. There is no need to worry about traveling on such a simple looking stamp. The ink used is security ink. The Port of Entry (POE) officers can quickly determine if a stamp is genuine. Those with genuine stamps can travel in the same manner as individuals who have received the Form I-551 or the plastic green card. The temporary stamp, which is valid for one year, can be renewed if needed. (Recently, in late January 2009, we have heard that some airlines in Europe are requiring applicants with I-551 stamps to also obtain a travel document in order to board. This may be due to the airlines not fully understanding documentary requirements under U.S. law).

It seems that things are changing, hence the recent notice from USCIS. According to the notice we received, the Green Card Facility in KY is undergoing renovation. USCIS' card production capability will be reduced over the next several months. They will expand the use of ADIT Temporary Green Card stamps as temporary evidence of LPR status.

The Stamps will be valid for 12 months (previously only 30 days validity was given). Work permits and travel documents (advance paroles) will be collected at the interview from the clients. The stamp will be the only proof of work and travel authorization in such cases. It looks like this policy will continue for the next 6-12 months. This is a nationwide policy and is not taking place only in San Diego.

We will keep you posted with more information as it becomes available.

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Posted In: Family Visas , Immigrant Visas

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The American Immigration Policy Center issued an excellent Fact Sheet about H2A farm orkers and the need for reform.

The Agricultural Job Opportunities, Benefits, and Security (AgJOBS) Act has long served as a blueprint for comprehensive immigration reform. AgJOBS, which combines an earned legalization program for farmworkers with a reform of the H-2A temporary foreign agricultural worker program demonstrates a successful model for compromise where workers and employers have come together to resolve their differences. The dysfunctional U.S. immigration system is currently standing in the way of addressing deeper structural problems that impact U.S. workers and U.S. competitiveness in a globalized market. As Congress proceeds, here are a few facts about the current challenges at the intersection of immigration policy and agriculture, and why addressing these issues is critical to the nation’s economy.

Here is an interesting fact :Most farmworkers are not authorized to work legally in the U.S.

According to the National Agricultural Workers Survey (NAWS), conducted biannually by the Department of Labor, the share of seasonal agricultural workers who reported that they were unauthorized has increased dramatically in the last two decades, rising from 7% in Fiscal Year (FY) 1989, to 16% in FY 1990-91, to 28% in FY 1992-93. In the most recently published NAWS survey from FY 2001-02, 53% of all seasonal agricultural workers admitted they were not authorized to work in the U.S. However, many experts suggest that the number may actually be closer to 75%.

Read the Fact-sheet here

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Posted In: Family Visas , Work Visas

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I was shocked when the June 2009 visa bulletin came out. The cutoff date for India in the EB2 category has retrogressed to January 1, 2000. The June Visa Bulletin will become effective as of June 1st. Thus, the May Visa Bulletin, with an EB2 India cutoff date of February 15, 2004 remains effective through May 31, 2009.

Why is this happening clients ask? The high level of demand in the EB2 India category, and the need to keep within the annual limits set by law. The DOS stated that it is currently not possible to estimate whether this retrogression will continue for the rest of the fiscal year. My predication is that it will get worse before it will get better. We will keep you posted.

Click here for the June 2009 Bulletin

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Posted In: Citizenship , Family Visas , Immigrant Visas

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As attorneys that handle numerous I-601 waiver cases, we are following the Consulate in Ciudad Juarez very closely. Clients are worried about their waiver appointments and are confused about any potential delays. The U.S. Consulate General in Ciudad Juarez will re-open consular operations on a rolling basis. The Consulate’s American Citizen Services unit will resume full operations effective today.

Immigrant visa operations will resume on May 18. The panel physicians will reopen on May 11 to accommodate applicants with consular appointments on or after May 18. Applicants whose appointments were cancelled have been rescheduled for the period June 5 - June 12. Please see the link above for an updated list of rescheduled appointments.

Applicants who have I-601 waiver appointments scheduled after May 7 should proceed to the Consulate as scheduled. Even if previously notified that their appointments were cancelled, applicants should attend their regularly scheduled appointments. Applicants wishing to reschedule should contact the call center at 01-900-849-4949 (from Mexico) or 1-900-476-1212 (from the U.S.).

We will keep you posted.

Continue reading "I-601 Waiver Attorney about Ciudad Juarez Operations During H1N1 Flu Outbreak " »

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Posted In: Family Visas , Immigrant Visas

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The Swine Flu saga continues. Mexico reported three new deaths from the swine flu epidemic Saturday and urged citizens not to let their guard down against a virus that has killed 19 in people in Mexico and is spreading across Asia and Europe.

Health Secretary Jose Angel Cordova said Mexico's confirmed swine flu cases jumped to 473, including the 19 deaths. The previous death toll in Mexico was 16. A Mexican toddler also died in Texas days ago, for a worldwide total of 20.

In accordance with measures announced by the Government of Mexico to limit the congregation of large crowds to prevent the spread of the H1N1 virus, the U.S. Embassy in Mexico City and the U.S. Consulate General in Ciudad Juarez advise that most consular services are being suspended. The dates listed below may change. The Embassy and Consulate General will monitor the H1N1 situation continuously during the week and will update information on our website if the dates of the suspension of service change.

Immigrant Visa operations in Ciudad Juarez have been suspended from April 30 to May 8. Immigrant visa and waiver applicants who have April 29 appointments should proceed to the Consulate. The panel physicians are closed. Those applicants who have consular immigrant visa appointments after May 8 and have not yet obtained their medical exams should not come to Juarez until the panel physicians have re-opened.

All non-immigrant visas operations in Mexico have been suspended until May 6.

Consular services for U.S. citizens throughout Mexico will be limited to emergency assistance and to citizenship applications (passports and consular reports of birth abroad, or CRBA). Anyone with passport or CRBA appointments are encouraged but not required to reschedule to a later date. For more complete information on consular operations during the flu outbreak, as well as the latest travel advisory and warden messages, visit http://ciudadjuarez.usconsulate.gov/h1n1.html.

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Several thousand immigration rights advocates marched in Los Angeles, San Diego and hundreds gathered in the rain in San Francisco on Friday, but crowds in California appeared much smaller than in previous May Day demonstrations.

Marches in downtown Los Angeles took on a festive atmosphere with people carrying signs and banging drums while vendors sold food, cotton candy and ice cream from pushcarts with ringing bells. One group walked to a building housing federal immigration offices and blared salsa music from loudspeakers.

Immigrants and supporters in San Francisco's Dolores Park hoped to keep immigration reform on Obama's agenda. They held signs calling for amnesty for undocumented immigrants and an end to immigration enforcement raids. Many argued that allowing undocumented immigrants to become citizens and take a more active role in the economy will improve the country's financial outlook. Dozens of students participated, many calling for passage of the DREAM Act, which was reintroduced in the U.S. Senate in March, and would make undocumented immigrants brought into the U.S. under the age of 15 eligible for in-state tuition.

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Posted In: Citizenship , Comprehensive Immigration Reform , Family Visas , San Diego Immigration Law

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President Obama spoke at a prime time news conference commemorating his 100th day in office today. President Obama seems to be one step closer to being able to secure Comprehensive Immigration Reform. He said the following at the meeting:" I see the process (immigration reform) moving this first year. And I'm going to be moving it as quickly as I can. I've been accused of doing too much. We are moving full steam ahead on all fronts. Ultimately, I don't have control of the legislative calendar, and so we're going to work with legislative leaders to see what we can do.

At the news conference, reporter Lori Montenegro, asked the following: " Going forward, my question is, what is your strategy to try to have immigration reform? And are you still on the same timetable to have it accomplished in the first year of your presidency?

And, also, I'd like to know if you're going to reach out to Senator John McCain, who is Republican and in the past has favored immigration reform?"

Obama: Well, we reach out to -- to Senator McCain on a whole host of issues. He has been a leader on immigration reform. I think he has had the right position on immigration reform. And I would love to partner with him and others on what is going to be a critical issue.

We've also worked with Senator McCain on what I think is a terrific piece of legislation that he and Carl Levin have put together around procurement reform. We want that moved, and we're going to be working hard with them to get that accomplished.

What I told the Congressional Hispanic Caucus is exactly what I said the very next day in a town hall meeting and what I will continue to say publicly, and that is we want to move this process.

We can't continue with a broken immigration system. It's not good for anybody. It's not good for American workers. It's dangerous for Mexican would-be workers who are trying to cross a dangerous border.

It is -- it is putting a strain on border communities, who oftentimes have to deal with a host of undocumented workers. And it keeps those undocumented workers in the shadows, which means they can be exploited at the same time as they're depressing U.S. wages.

So, what I hope to happen is that we're able to convene a working group, working with key legislators like Luis Gutierrez and Nydia Velazquez and others to start looking at a framework of how this legislation might be shaped.

In the meantime, what we're trying to do is take some core -- some key administrative steps to move the process along to lay the groundwork for legislation. Because the American people need some confidence that if we actually put a package together, we can execute.

So Janet Napolitano, who has great knowledge of this because of having been a border governor, she's already in the process of reviewing and figuring out how can we strengthen our border security in a much more significant way than we're doing.

If the American people don't feel like you can secure the borders, then it's hard to strike a deal that would get people out of the shadows and on a pathway to citizenship who are already here, because the attitude of the average American is going to be, well, you're just going to have hundreds of thousands of more coming in each year.

On the other hand, showing that there is a more thoughtful approach than just raids of a handful of workers as opposed to, for example, taking seriously the violation of companies that sometimes are actively recruiting these workers to come in. That's again something we can start doing administratively.

So what we want to do is to show that we are competent and getting results around immigration, even on the structures that we already have in place, the laws that we already have in place, so that we're building confidence among the American people that we can actually follow through on whatever legislative approach emerges.

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Posted In: Comprehensive Immigration Reform , Family Visas

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The U.S. Embassy in Mexico City has suspended processing of the approximately 5100 non-immigrant visa appointments scheduled Monday, April 27 through Wednesday, April 29. In the US, All USCIS offices remain open for business. Applicants should plan to attend all previously scheduled appointments, interviews and ceremonies unless they are feeling ill. It seems that re scheduling due to illness is a perfectly acceptable reason.

There are no reports of problems to enter the US from Mexico, no refusals due to Swine Flu issues as of now. But this may well change as the issue develops.

Follow the WHO updates here

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Posted In: Family Visas , Updates

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Recently, the Department of State released revisions to Section 40.11 N14.3 of the Foreign Affairs Manual regarding procedures for Nonimmigrant Visa (NIV) HIV Waiver Authorization. DOS released a checklist for individuals applying for a Non Immigrant HIV Waiver. The checklist is used in DOS' new streamlined NIV waiver process, which allows individuals to certify to the list of conditions for obtaining the waiver as opposed to having to bring independent evidence to the consulate. Click here for checklist Download file

We welcome the changes and hope that this will improve America's Image in the world, encouraging more visitors to come.

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Posted In: Family Visas , Global Immigration , Updates

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Certainly more good news in the Immigration arena. According to the LA TimesThe College Board is supporting legislation that would offer some undocumented youths a path to citizenship through college or the military.

The association best known for the SAT and AP tests it administers is stepping into the contentious issue for the first time, just as President Obama is signaling that he may encourage lawmakers to overhaul immigration laws this year. The board's trustees have voted unanimously to support the legislation, known as the Dream Act.

The Development, Relief and Education for Alien Minors Act (The "DREAM Act") is a piece of proposed federal legislation that was introduced in the US Senate, and the US House of Representatives in March 26, 2009. This bill would provide certain immigrant students who graduate from US high schools, are of good moral character, arrived in the US as children, and have been in the country continuously for at least five years prior to the bill's enactment, the opportunity to earn conditional permanent residency. The students will obtain temporary residency for a lapse of six years. Within the six year period, a qualified student must attend college, and earn a two year degree, or serve in the military for two years in order to earn citizenship after the six years period. If student does not comply with either his/her college requirement or military service requirement, temporary residency will be taken away and student will be subjected to deportation.

We really need this to pass.

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Posted In: Citizenship , Family Visas , Immigrant Visas

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As with the predictions about the economy that things will get worse, the Visa Bulletin for April 2009 delivers some bad news, especially for EB3 visa applicants. EB3 category shows a movement backwards of almost 2 years.

Why is this happening. Here what the State Department had to say:

Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from Citizenship and Immigration Services (CIS) Offices for adjustment of status cases remains extremely high. Therefore, it has been necessary to retrogress the April cut-off dates in an attempt to hold demand within the FY-2009 annual limit. Since over 60 percent of the Worldwide and Philippines Employment Third preference CIS demand received this year has been for applicants with priority dates prior to January 1, 2004, the cut-off date has been retrogressed to 01MAR03 to help ensure that the amount of future demand is significantly reduced. As indicated in the last sentence of Item A, paragraph 1, of this bulletin, this cut-off date will be applied immediately. It should also be noted that further retrogression or “unavailability” at any time cannot be ruled out.

It has also been necessary to retrogress the Employment Third Preference Other Worker cut-off date for all countries in order to hold the issuance level within the annual limit.

What is the future predictions, none at this point. But I promise to keep you posted.

For the most recent Bulletin April 2009 click here

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Posted In: Family Visas , Immigrant Visas

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On November 25, 2008, US Secretary of Defense Robert Gates signed a memorandum authorizing the Secretaries of the Army, Navy, and Air Force to implement a new non-citizen recruiting pilot program for the United States Armed Forces. Titled “Military Accessions Vital to the National Interest” (MAVNI), the new pilot program allows certain non-citizens who are legally present in the United States to join the military and apply immediately for US citizenship without first obtaining lawful permanent residence.

The US Army MAVNI recruiting program, which seeks to recruit health care professionals and persons who speak certain strategic languages, began on Monday, February 23, 2009.

Under the MAVNI program, the Army is not sponsoring anyone for a visa or green card or authorizing anyone to enter the United States for the purpose of enlistment. This program is not available to persons who are overseas. Instead, MAVNI allows certain aliens who are already legally present in the United States to enlist. Under the Army’s rules, all MAVNI recruits must pass an English test and score 50 or higher on the Armed Forces Qualification Test (AFQT).

Here is an example from an article by Margaret Stock: A J-1 doctor who has been in the United States legally for two years and who is licensed to practice medicine in the United States may enlist in the Army Reserve under the MAVNI program. Upon enlistment, the doctor may apply for US citizenship, even if the doctor has not yet met the 2-year home residency requirement or obtained lawful permanent residence. Notwithstanding the lack of a “green card,” the doctor may receive US citizenship in six months or less. The doctor and her civilian employer will thereby save time and the thousands of dollars in costs associated with the processing of the complex paperwork normally required to move from J-1 to lawful permanent resident. In return, the United States Army Reserve will gain a new military doctor.

Read more Download file

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Posted In: Citizenship , Family Visas

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Nothing exciting about the March Visa Bulletin. The EB2 cutoff dates for India and China continued to move forward. There is also some forward movement in EB3 for China and Mexico.

EB2 category remains current for all countries except for India and China, which show forward movement again, with cutoff dates moving by approximately 1.5 months for both countries. The cutoff date for India moved to February 15, 2004. China has a cutoff date of February 15, 2005.

EB3 no changes in the cutoff dates, other than for China and Mexico. The cutoff date for "all chargeability areas except those listed" remains at May 1, 2005; the Philippines has the same cutoff date. India also remains unchanged, backlogged at October 15, 2001. The cutoff date for Mexico has advanced by over four months, to August 15, 2003.

Click here for the most recent Bulletin

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Posted In: Family Visas , Immigrant Visas

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There are presently 3-5 full time I-601 adjudicators, and 3 staff who are on duty. There is a backlog of 7000 - 9,000 I-601 applications. They are discussing opening an office in Los Angeles where they will only work on those backlog cases.

I-601 Procedure:

The applicant has to make his I-601 appointment through the Call Center. He can call to make his I-601 appointment as soon as he knows when his IV interview will take place (He just has to make his I-601 appointment for a date after his IV interview).

When an applicant arrives for his or her appointment, a clerk will take the I-601 packet. It is given to an adjudicator who spends approximately 10-15 minutes reviewing it. The adjudicator does not speak with the applicant.

The applicant is then told to pay a fee of (80) pesos at a kiosk inside the facility. This fee pays for the DHL delivery of the preliminary I-601 decision. The next day, the applicant can go to the DHL office (which is close to the Consulate) and pick up the preliminary decision.
He will either be informed that the I-601 was granted, and given instructions on how to obtain the actual immigrant visa, or he will receive a letter telling him that he has 30 days to submit additional information to support his I-601 application.

If his case is not granted right away, he can supplement the I-601 at any time up to the day he receives a decision. New information can be mailed, or sent via e-mail to the USCIS. This is good for people who prepared an I-601 without an attorney. If they hire an attorney later on, the attorney can file the supplemental documents even if it has been more than 30 days since the case was referred to the backlog. They do not need to file a new I-601.

Between 50% and 60% of I-601 waivers are approved upon filing. There is no information on what percentages of referred cases are ultimately approved. The cases in the "backlog" are taking about 13 to 15 months to decide!!

Expedited Processing:

They will consider expediting an I-601 for serious medical issues. This excludes mental/psychological conditions that have come about due to the separation. If you have a physical medical condition, or a pre-existing mental condition, you can request an expedited decision on your waiver via e-mail.

Criminal Issues:

If your client has any arrests or convictions, you must fully document and disclose them even if the charges were never filed or were dropped. They have been asking for police reports and juvenile records too! Even issues that would not make someone inadmissible can be considered for discretion. They want this information up-front from the applicant.

Denials:

If an I-601 is denied, the applicant may appeal the denial. While the appeal is pending, it is possible to request a new I-601 appointment. The applicant should first contact the call center. They are required to submit a new immigrant visa application, new fees, have a new medical, etc. Basically they have to repeat the whole IV process. However, there is no need to file a new I-130 visa petition. After the new IV interview, they can schedule a new I-601 appointment.
The applicant does not have to withdraw a pending I-601 appeal before submitting a new I-601.

Tips for legal cover letter:
• The consulate will follow BIA case law, so citing cases from a Court of Appeals is a waste of time.
• The less legalese the better; if you are going to include any, save it for the end of the letter.
• Start off your letter with a summary of the case. It is helpful to have a bullet point list of the documents you are submitting.
• Do not bother including country condition evidence since the adjudicators live in Mexico!

I-212 Applications:

The government only adjudicates I-212 applications (Application for Permission to Reapply for Admission into the United States after Deportation or Removal) in conjunction with an I-601 waiver application. So if your client does not need an I-601 waiver, CDJ will not accept their I-212 applications. These applications must be filed in the U.S.
They adjudicate the I-601 first. Because the I-601 standard is higher, if the I-601 is granted, approval of your I-212 is pretty much a given.

Continue reading "I-601 Waiver Attorney - Ciudad Juarez New Procedures 2009" »

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Posted In: Deportation & Removal , Family Visas

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Pro-immigrant advocates believe the Obama administration will have a window of opportunity between this September and March 2010 to shepherd a comprehensive immigration package that will provide a path to legalization for an estimated 12 million undocumented residents, strengthen border security and help the ailing economy.

Part of their optimism is attributed to the large Latino vote that broke for Barack Obama by a 2-to-1 ratio in key states like Arizona, Nevada and Colorado.

Click for the article

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Posted In: Citizenship , Comprehensive Immigration Reform , Family Visas

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The January 2009 Visa Bulletin has few changes over the December 2008 Visa Bulletin in the employment-based (EB) categories. There is slight forward movement in EB2 India and China. The EB3 category had a more significant change for China, and a minor change for India. The EB categories that were current in December 2008 remain current for January 2009.

For EB2, this category remains current for all countries, with the exception of India and China. The cutoff date for India moved forward by one month, and is now July 1, 2003. China moved forward by slightly more than a month, to July 8, 2004.

For EB3, The cutoff date for the "worldwide" category, as well as the Philippines, did not change, but remains at May 1, 2005. The cutoff date for Mexico advanced slightly more than two months, to November 15, 2002. China saw more significant progress, and, for the month of January 2009, has a cutoff date of June 1, 2002. India jumped forward to an October 15, 2001 cutoff date. Under EB3, this category moved forward to March 15, 2003 for all countries. As you can see the demand for visas exceeds the supply, and the visa crisis continues.

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Posted In: Family Visas

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I have tried to cover most of the key issues that a couple will need in order to succeed in filing the marriage based Green Card. But with a topic a involved and ever changing as this one, there are always questions that couples still like to ask. We have compiled a list of the most common questions that people ask us when attempting to file the Marriage based Green Application in the United States. Hopefully the following Questions and Answers will make your journey through this process a little less confusing.

1. How soon can an applicant that entered the US as a tourist or under the Visa Waiver Program marry a US Citizen, Could they apply for the Green Card in the United States?

Answer: A US citizen can marry a tourist or VW visitor and apply for the Green Card from within the US. It is better to marry 60 days after entry to lift the presumption that the immigrant entered the US in order to get married.

2. How soon after marriage can the US Citizen petition and file the immigration paperwork for the immigrant spouse?

Answer: There is no waiting period that must pass before the immigration petition can be filed. Make sure to have the certified Marriage Certificate registered with the county before you can file.

3. How long will it take to get the work permit after filing the case? How long will it take to get to the final interview after filing?

Answer: Currently it takes 90 days after filing the Marriage based Green Application for the Government to issue the work permit. In some cases the final interview is scheduled even before the Work permit can be issued. In this case, if there is an approval at the interview, there will be no need for the work permit at that time. In most cases though, interviews are scheduled, 5 months or so after filing.

4. What if there is a mistake in your name or date of birth on the Green Card?

Answer: If there is a mistake on your new Green Card you must take steps to correct it immediately. If you fail to do so, you will not be able to receive your social security number and any other documents as a result. You must file form I-90 (get it from USCIS.GOV website) with USCIS. Make sure to Check box d in part 2.2 of the application. There is NO FEE to pay as it was not your fault. You will need to mail the original card to the following address:

National Benefits Center
Attn: I-551 Corrections
705B SE Melody Lane, Box 2000
Lee's Summit, MO 64063

5. How do you know what taxes to file now that you are a Green Card holder?

Answer: The Internal Revenue Service has several publications you can download or obtain from a local IRS office. www.irs.gov
" Publication 519.....US Tax Guide for Aliens
" Publication 514.....Foreign Tax Credit for Individuals
" Publication 501.....Exemptions, Standard Deduction, and Filing Information
" Publication 54.......Tax Guide for US Citizens and Resident Aliens Abroad
6. How long does a person need to wait after getting the Conditional Green Card before Applying for US Citizenship?

Answer: If the Immigrant is still married to the US Citizen and living together 3 years after getting the Conditional Green, they may apply for Citizenship. If the couple is no longer married and living together, the immigrant must wait 5 years after getting the Conditional Green in order to apply.

Continue reading "San Diego Immigration Lawyer - Most Common Questions and Answers about the Marriage Based Adjustment of Status Process" »

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Posted In: Family Visas , San Diego Immigration Law

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The following information was reported to me and I wanted to share with you for your information. Beginning January 20, 2009, all non-immigrant visa applicants, regardless of visa class, with an appointment at the U.S. Consulate General in Ciudad Juarez, Mexico will be required to use the DS-160 electronic NIV application form available at https://ceac.state.gov/genniv. This form takes the place of the DS-156, DS-157, and DS-158 paper forms. (Note: E class investor applicants will need to fill out DS-156E in addition to DS-160. K class visa applicants will continue to use the DS-156 and DS-156K forms).

Applicants must fill out completely and accurately all questions presented in the online application process. Applicants who incorrectly fill out the form, leave information blank or attempt to use previous paper based forms will be denied, asked to resubmit their applications online again, and required to schedule a new appointment. Applicants need only print the Confirmation Page available after the form is complete and bring it with them to their interview.

Also, as a reminder, the U.S. Consulate in Ciudad Juarez now accepts legal inquiries exclusively through its online form at http://ciudadjuarez.usconsulate.gov/feedback-form.html. Inquiries sent through other means will face significant delays in processing. I expect that other posts around the world will start implementing the new form during 2009 as well.

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Posted In: Family Visas , Immigrant Visas

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Immigration law is important and that is all that we cover most of the time. But our immigrant readers, may be facing other legal challenges from time to time. So we rely on our lawyer friends from across the country, to provide guest articles and reports. This week we are proud to feature Attorney Charles Ward's Family Law expertise. Charles is an experienced Family lawyer that often assists me with Family Immigration matters. I am grateful for his contribution to the Blog.

Although no one enters into a marriage expecting it to end, about 50 percent of all married couples in California eventually separate. With a prenup you can protect yourself in the event of a dissolution of marriage (divorce).

The prenuptial agreement is a legal device designed to remove some of the concerns and liabilities foisted upon a married couple. A properly crafted prenup can solve disagreements before they happen, whether involving personal business involvement, individually held real estate and property, credit hangups and debt, the disposition of finances, or any monetary arrangements left over from life before marriage. It's also a useful tool for post-marriage arrangements. Support payments, income arrangements and property rights can all be sorted out in advance, to the satisfaction of both parties.

The functional objectives of a prenuptial agreement can include the following:
• Limitations on spousal support (SS) in the event the marriage is eventually dissolved: do you want to support your spouse after a divorce?
• Generate and enable specific property rights, including limitations on the creation of community property (CP) during the marriage.
• Establish the preservation of separate property (SP) during the marriage, items which the individual owned beforehand: protect your home and interests.
• Define the values of specific items of separate property, such as stock market investments and cars.
• Render your income separate property.

A prenuptial agreement, also called an antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is basically a contract entered into by two people prior to marriage or civil union. The content of a prenuptial agreement can vary widely, but commonly includes provisions for the division of property should the couple divorce and any rights to spousal support during or after the dissolution of marriage, and contain promises, representations, and disclosures regarding details of the couples finances. Couples can also enter into a post-marital agreement to cover the same concerns.

Very often, people who have substantial property or income will want to protect it from the high rate of divorce. However, prenuptial agreements are becoming more and more common among people from all walks of life, including young people starting off, seniors nearing retirement, and couples with immigration cases.
Our California Supreme Court stated it to be their policy that these agreements are to be enforced as promoting marriage in a world of marital uncertainty.

Under California Family Code Section 1600, The Uniform Premarital Agreement Act enables the legal functionality of a prenuptial agreement in the state of California. Recent California Supreme Court cases, such as Bonds v. Bonds and Pendleton v. Fireman, made clear the intent of the court to uphold these agreements and thereby promote marriage.

If you are interested or have any questions regarding a prenuptial agreement please feel free to give us a call or email me.

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Posted In: Family Visas , News , San Diego Immigration Law

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At the request of our readers, we are providing more information about the above referenced process. Although it may seem to be simple, we suggest you consult a qualified immigration attorney before filing the application to become a permanent resident based on marriage to a US Citizen.

Step 1:

1. U.S. Citizen Petitioner Completes and Signs the Following USCIS Forms:

Form I-130 – Petition for Alien Relative
Form G-325A – Biographic Information
Form I-864 – Affidavit of Support

Lawyer’s Tip:
• Always check USCIS website at www.uscis.gov for the most recent version of the forms or check with our website for the most recent news and updates.

2. Alien Spouse Completes and Signs the Following USCIS Forms:

Form I-485 – Application to Register Permanent Residence or Adjust Status
Form I-765 – Application for Employment Authorization
Form G-325A – Biographic Information
Form I-131 – Application for Travel Document – Optional
Form I-693 - Medical Examinations of Aliens Seeking Adjustment of Status

Lawyer’s Tip:
• If the Alien beneficiary overstayed their visas, form I131 can not be used and the Alien must not leave the country until the adjustment of status process is complete.

• Medical examinations can be performed only by approved USCIS doctors, please check our website for a national link to approved USCIS doctors.

3. Gather the documents following the provided checklist

4. Make money orders payable to “Department of Homeland Security” or USCIS.

Lawyer’s Tip:
• You can make one money order for the entire amount. For example a complete case will be $1365.

5. Make a complete photocopy of every form and document that you send to the USCIS for your own records. Do not send original documents to the USCIS (e.g. your passport, I-94, marriage certificate, etc.).

6. Mail or Overnight the package certified return receipt via the U.S. Postal Service, FedEx, etc. For Mail, send the complete application to:

USCIS Lockbox Addresses:
For United States Postal Service (USPS) deliveries:
USCIS
P.O. Box 805887
Chicago, IL 60680-4120

For private couriers (non-USPS) deliveries:
USCIS
Attn: FBASI
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

Step 2:

1. The USCIS will contact you within 2 weeks and will mail you all the case receipts. At that point your status will change and you will be considered adjusting your status to that of a US resident.
2. Next step is your finger prints appointment.
3. You should be getting the work permit in 90 days or so. If the card is not delivered, you can make an inquiry with the local office via infopass appointment.
Advance parole applications or travel permit should be processed in 90 days as well. This will give you permission to re-enter the U.S. after travel abroad.
4. Next step is your Marriage visa interview, they usually notify the applicants 4 weeks to 3 months in the future.

Step 3:
.
At the interview, you are to present the forms and documents the USCIS has requested, if any. They will ask you some basic questions (see our interview questions section) and upon approval place the alien spouse in Conditional Permanent Residence Status. The alien spouse will remain in this conditional status for 2 years. Within 90 days of the end of the 2-year period, you may file to have the conditional status removed, provided you are still married. File USCIS Form I-751 Petition to Remove the Conditions on Residence. When this is approved (6-12 months) you will be a Permanent Resident of the United States.

Lawyer’s tip:

• Make sure to bring duplicate copies of all important documents, such as tax returns, joint bills, bank accounts, etc. Sometimes the officer would like to keep extra copies.

• If the US citizen sponsor’s income fell below the required guidelines be prepared to provide co sponsor affidavit of support

• In case the officer decides to separate the couple, stay calm and do not argue woth the official

• Come prepared and organized, dress professionally.

Read more about the Marriage Interview here..

Continue reading "San Diego Immigration Lawyer - The process of filing the Marriage based Adjustment of Status" »

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Posted In: Family Visas

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Most of our readers are aware that any adjustment of status in a family based petition can not be approved if the relationship is no longer viable. Yet there are certain exceptions from time to time. On August 12, 2008, in Choin v. Mukasey, the U.S. Court of Appeals for the Ninth Circuit ordered the Board of Immigration Appeals (BIA) to consider Ms. Choin’s Form I-485 Application for Adjustment of Status based upon marriage, even though she was no longer married to her U.S.-citizen husband.

The Court found an exception to this for spouses who enter the U.S. on the K-1 fiancé/e visa. This interpretation is limited to a K-1 fiancé/e of a U.S. citizen. There is a specific section of law that addresses the adjustment of status of K-1s and it is the wording of that section that led to the conclusion reached by the Court.

Continue reading "San Diego Immigration Lawyer - Marriage Based I-485 Approval Even after Divorce " »

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Posted In: Family Visas

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As lawyers specializing in the 601 Hardship Waivers, we report many more approval from our clients. From Manila to Ciudad Juarez our law firm is fighting the Government and winning!!!

Here is a quick update from the field. Warren Janssen, Officer-in-Charge at the USCIS Ciudad Juarez office, has advised that the immigrant visa waiver appointment system has resumed operation effective September 4, 2008, and that the first available appointments are on November 12, 2008.

On, September 3, 2008, Warren Janssen, CIS overseas officer in charge at Cd Juarez, advised that currently there are no immigrant visa waiver appointments available due to a system address change for the new consulate. The private contractor has to go through several hoops and training before more can be available in the system. Applicants should avoid calling and spending money trying to book an appointment until further notice. As you can from the post above now the system is back up.

If you are preparing for a waiver case, please wait for 3 days after your denial to make the waiver appointment. Be sure to have all the documents in hand before calling.

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Posted In: Family Visas

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An anxious and worried couple consulted with me recently. The spouse is American and the Husband Filipino who we will call Mr. M.

They presented me with a decision from the local Immigration office intending to deny their Marriage Adjustment Petition. They were given 30 days to file an appeal. The issue in this case was that the immigration officer determined that there was fraud in this case, and hence Mr. M doesn’t qualify for the conditional Green Card. The couple explained that the officer never looked at any of their documents. Rather, she interviewed them separately and determined her conclusions based on the answers they provided.

After reviewing the decision, it was clear that the officer never even looked at the numerous documents the couple collected together. She also ignored the medical condition that the US Citizen spouse was under. The wife suffered from a serious heart condition that affected her memory ability to communicate clearly.

We immediately got on top of the case. In visa petition proceedings, the petitioner bears the burden of establishing eligibility for the benefit sought. Matter of Brantigan, 11 I&N Dec. 493. Evidence to be considered by the reviewer officer includes evidence of combined financial assets and liabilities, length of time of cohabitation, and other relevant evidence. Chand v. INS, 1997 U.S. LEXIS 19141

Continue reading "San Diego Immigration Attorney - Winning a Marriage Adjustment Denial" »

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Posted In: Family Visas

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As many of our Marriage Visa clients know, the Medical Examination is an important part of the case required documents. Once an applicant goes through the exam the doctor must sign and complete Form I-696. In the coming weeks, applicants should remember that the I-693 medical exam form is being updated and doctors must complete the new form for examinations taking place after May 1st. If a doctor signs the old form before May 1st, applicants can submit the old version. Applicants must make sure the doctor is aware of the change as some of them may not know about the changes to the forms. Using the wrong form after May 1, 2008 may result in the case being returned and significant delays caused.

I suggest applicants take a blank I-693 form with them to the exam to make sure the Doctor has the new forms in hand. Click here to download the new forms

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Posted In: Family Visas

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EFFECTIVE 12/17/07 (Posted on AILA Infonet 12/14/07 )

Due to the limitations of the INFOPASS appointment system regarding scheduling options for I-601 waivers under the new I-601 pilot program implemented on March 6, 2007, the USCIS Ciudad Juarez office has been trying to put in place a new system. INFOPASS worked well initially, but due to volume increases, the program could not be modified to push out appointment availability dates as needed to keep up with the high immigrant visa interview rate of the U.S. Consulate. Thus, many waiver applicants were not able to make timely appointments using INFOPASS in order to make travel plans, etc. Please note that both the USCIS office and the U.S. Consulate in Cd. Juarez were receptive to AILA's concerns and suggestions regarding this process.

Thus, USCIS and the Department of State are ending the use of INFOPASS (effective December 17, 2007) for the I-601 pilot waiver program at Cd. Juarez and changing the process to schedule waiver appointments and provide waiver information through the " Teletech Call Center " located in Mexico . This call center is the same center that currently provides information regarding immigrant and nonimmigrant visas, and schedules nonimmigrant visa interview appointments for nonimmigrant visa applicants for Cd. Juarez and certain other U.S. Consulates in Mexico . Thus, appointments will be available, but not necessarily in a two week window. In addition, the U.S. Consulate in Cd. Juarez hopes to eliminate its immigrant visa backlog by the end of March 2008 and has devoted substantial resources to this effort. Further, the USCIS office in Cd. Juarez has already cleared the pre-March 2007 waiver backlog, and is working on waivers filed in April of 2007.

Continue reading "Updated I-601 Waiver Procedures in Mexico" »

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Posted In: Family Visas

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We all know that the I-130 form can be used to file for most relative petitions. Sometimes we file this form together with the I-485 when visas are available, and sometimes it is necessary to file this form alone, for example when you file for a sibling, etc. In the past one would file with the Service Center directly. Now we have a new policy.

The U.S. Citizenship and Immigration Services (USCIS) has revised its procedures for filing certain I-130 relative petitions. Effective December 3, 2007, the USCIS is encouraging I-130 petitioners to file their petitions with the Chicago Lockbox. This change applies to stand-alone I-130s only. A stand-alone I-130 is one that is filed WITHOUT an I-485, Application for Adjustment of Status. After filing, the petition will be forwarded from the Chicago Lockbox to the appropriate USCIS service center for adjudication.

I

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Posted In: Family Visas

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The big Immigration news today in all major news papers that cover US Immigration is the massive delays in application processing. As you may recall due to the fee hike in July millions of applicants filed for Immigration benefits, like Citizenship, family petitions etc.

The application backlog is so large that Citizenship and Immigration Services, a division of the Homeland Security Department, is months behind schedule in returning receipts for checks written to cover fees and indicate to clients that the files are in process.

I get calls every single day from clients inquiring about case status, and all we can tell them is that the case is in process. It just doesn't make sense for this to take so long, but the USCIS were not ready for this volume and now applicants are paying the price.

"Were we caught off guard by the volume? Let's just say it was anticipated it would increase. It was not anticipated it would increase by that much," said Emilio Gonzalez, director of Citizenship and Immigration Services.

Read more here

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Posted In: Family Visas

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Senator Barbara Boxer (D-CA) has become the seventh US Senator to co-sponsor the Uniting American Families Act (UAFA). The legislation, introduced in the Senate (S. 1328) and House (H.R. 2221) earlier this year would amend current US immigration law and give same-sex binational couples the same immigration rights as their heterosexual counterparts to stay together legally in the United States.

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Posted In: Family Visas

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During the months of July and August we have filed an unusual number of Marriage based Green Card Applications. I have listed here some of the most common questions our clients and site visitors wish to know. Hopefully the following Questions and Answers will make your journey through this process a little less confusing.

1. How soon can an applicant that entered the US as a tourist or under the Visa Waiver Program marry a US Citizen, Could they apply for the Green Card in the United States?

Answer: A US citizen can marry a tourist or VW visitor and apply for the Green Card from within the US. It is better to marry 60 days after entry to lift the presumption that the immigrant entered the US in order to get married.

2. How soon after marriage can the US Citizen petition and file the immigration paperwork for the immigrant spouse?

Answer: There is no waiting period that must pass before the immigration petition can be filed. Make sure to have the certified Marriage Certificate registered with the county before you can file.

Continue reading "Marriage Visa - Most Common Questions and Answers " »

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Posted In: Family Visas

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Recently I have been getting numerous inquiries to process K1 Fiancee visa from the Philippines and Thiland? It is typical to get such requests this time of year as the desire to process the visa and marry in the summer is very popular with clients. The K1 Fiancee visa is the only option for an American citizen to bring a fiancee to the US as most of the Asian nationals will be denied entry visas to the US.

There is a local company right here in San Diego that matches such women to older guys all across the US. CNN covered this story recently and you can get an idea in the link below. The Fiancee visa is a great visa to unite loving couples, but can also be a trap for innocent immigrant women.

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Posted In: Family Visas

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What a day! I attended several Marriage based Greed Card interviews today at our local USCIS office and they all went pretty well. All approved, but my clients were stressed. Being questioned by a government official about your personal life is not the most pleasant experience. Most clients just want to know what questions they may ask at the interview.

The below referenced questions are actual questions that I have compiled after attending numerous of interviews across the US. This is intended to be an exclusive list, rather, just to give you an idea as to what you might expect at your next interview.

Continue reading "Marriage Based Green Card Interview - what to expect?" »

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Posted In: Family Visas

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