Visa Lawyer Blog

Articles Posted in B2 Visitor Visas

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Earlier this week, in a 407-19 vote the House of Representatives successfully passed the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, a bill that seeks to increase restrictions for travelers coming to the United States under the Visa Waiver Program, a program which currently allows citizens from 38 designated countries to travel to the United States without a visa. In order to become law the bill must also pass through the Senate. The bill was introduced following President Barack Obama’s address to the nation, in which he confronted the threat of the Islamic State of Iraq and the Levant (ISIL) and the recent terrorist attacks in Paris and San Bernardino.

In his address, President Obama pledged to work closely with the Department of State and Homeland Security to revise the visa waiver program, under which one of the San Bernardino assailants traveled to the United States. The Problem? The President misspoke—the assailant traveled to the United States with a K-1 fiancé visa and not through the visa waiver program. Instead Obama meant to say that he would work with the DOS and DHS to revise the visa program in general. In light of this innocent mistake, the House continued its support to tighten the visa waiver program, despite the fact that no evidence has been presented suggesting that terrorists and/or their radicalized accomplices have traveled to the United States using this program. This would mean that the government is concerned that terrorists, disguised as refugees, may travel from Syria and surrounding countries, into Europe and in the process acquire European citizenship making it easy for them to travel to the United States through the visa waiver program. The government may also be concerned that ISIL is radicalizing and recruiting European citizens of middle eastern descent to their cause.

As it stands there are no middle eastern countries participating in the visa waiver program. The majority of the countries eligible to participate are from Western Europe with few exceptions including Chile, Taiwan, Australia etc. Individuals who have applied for a United States visa but have been denied, are not eligible to travel to the United States under the visa waiver program, even if their country participates in the program. Such individuals must apply for the appropriate visa at a US embassy or consulate abroad in order to travel to the United States. Critics allege that as a result of such legislation, consular officials and CBP agents will inevitably profile visa waiver travelers.

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katie

It is our pleasure to introduce our readers to our esteemed Paralegal and Case Manager Katie Foley who has worked at the Law Offices of Jacob J. Sapochnick since 2010. Ms. Foley, originally from Santa Cruz, California holds a Bachelor’s Degree in Liberal Studies from Cal State East Bay and her paralegal certificate from San Diego Miramar College. Throughout her career, Katie Foley has assisted our attorneys with various different types of immigration petitions including family-based petitions, employment based petitions (H-1B, E-2 etc.), deferred action, marriage visas, I-751 petitions, fiancé visas, consular processing, naturalization, temporary visas (B-1/B-2, J-1, F-1 etc), deportation and removal cases.  She has successfully processed hundreds of applications and in the process has formed long standing relationships with our clients. In her role as case manager, she assists our legal assistants with their case loads and provides direction as needed. Ms. Foley is an outstanding member of our firm for her impressive attention to detail, her understanding of the law, and the extensive guidance she provides our clients to ensure every case has a successful outcome. She provides all of our client’s strong personal support and comprehensive step-by-step instructions for each immigration process. If you are an international or out of state client, not to worry, Ms. Foley has perfected an easy online case processing system to assist clients with their immigration concerns no matter where they reside. In her free time, she enjoys lap swimming, barbecues, and gardening. To read more about Ms. Foley please click here.

For immigration questions please call our office. Your Immigration is our Passion.

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In this blog we are answering 5 of your most frequently asked questions received on our social media platforms and our website. Please remember that every case is different and every immigration journey is unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance while you embark on your immigration journey. If you have any further questions, please call our office for a free legal consultation. We serve international clients and domestic clients in all 50 states. We thank you for your continued trust in our law office.

Qualifying for 245i and Adjustment of Status

Q: My ex-husband filed an adjustment of status application on my behalf based on 245i. We separated before we received our initial interview appointment and later divorced. I have since remarried. Can my husband apply for my permanent residence now that we are married?

A: Thank you for your question. Certain individuals who have a qualifying relative willing to file an immigrant visa petition on their behalf, are eligible to adjust their status under 245i Immigration and Nationality Act if they entered the country without inspection (unlawfully) and were the beneficiary of a visa petition or application for labor certification filed on specific dates outline below. Before proceeding with a new green card application, you should make sure you qualify for 245i and have all of the necessary documents to prove your eligibility. 245i applicants must provide documented evidence of their physical presence in the United States and evidence that the visa petition or application for labor certification was filed on their behalf by providing the receipt notice of the petition also known as the I-797 Notice of Action.

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In this blog we are answering 5 of your frequently asked questions in detail. Please remember that every case and every story is different and unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance while you embark on your immigration journey. For any further questions call our office for a free legal consultation. We thank you for your continued trust in our law office.

Q: I would like to understand if my case has any possibility of success. I am a Mexican citizen, my mother is a US Citizen. Years back she began the immigration process for me, but lost a notification due to a change of address. The whole process stopped. We both talked and would like to reinstate the process, can you please assist?

A: Thank you for your question. Did you save a copy of the case file that was mailed to CIS? It is important for an attorney to first evaluate your application to make sure you sent all necessary documentation along with your application. You will also need to provide copies of your receipt notices with your corresponding receipt numbers. It may be that you may have received a request for additional evidence. If you failed to change your address with CIS or if you failed to respond to CIS within the required timeframe you will need to reinstate your application. Our office has experience reinstating applications with CIS however the process can be time consuming. In some cases it is better to re-file to save time. If you have criminal history, have been deported, or detained these factors will have a profound impact on the success of your application. To determine the best strategy for you please contact our office.

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The Department of State has issued an alert announcing that as of June 26, 2015 all visa issuing US embassies and consulates are now able to continue visa processing. Staff at US consulates and embassies were able to work over the weekend and resolve backlogs which are expected to be eliminated this week.

As you may recall between the time period of June 9, 2015 to June 19, 2014, 335,000 visas were unable to be printed due to clearance and technological issues. Of those 335,000 visas, approximately 300,000 have now been printed.

Consulates and embassies worldwide are now scheduling visa interviews and issuing non-immigrant and immigrant visas.

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You have Questions, We have your Answers. Here are answers to 5 of your Frequently Asked Questions

In this blog we are answering 5 of your frequently asked questions in detail. Please remember that every case and every story is different and unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance on your immigration journey. For any further questions please visit our website or call our office for a free legal consultation. We thank you for your continued trust in our law office.

Q: I am visiting the United States as a tourist from a non-visa waiver country. My duration of stay will expire in approximately 1 month. Is it possible for me to extend my stay in the United States?

A: Yes, it is possible to extend your duration of stay if you plan to remain in the United States for purposes of tourism, leisure, or medical treatment. In order to extend your duration of stay you must file Form I-539. The process can be confusing for some, we recommend that all applicants seek counsel from an accredited legal representative or attorney to guarantee success.  In order to extend your duration of stay, you must be able to provide documentation proving that they have strong ties home including but not limited to: proof of employment, proof of academic enrollment, deed of property ownership, proof of financial obligations, etc. You must also be prepared to provide documented evidence supporting the fact that your stay will be for temporary purposes of tourism and/or leisure including a detailed personal statement establishing the fact that you will be in the United States for a temporary period of time, and will be returning back to your home country at the conclusion of your trip. Lastly, you must provide evidence that you have the sufficient finances to support yourself in the United States. The more evidence you can provide to support your claims, the better chances of your application being approved.

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On May 01, 2014 U.S. Customs and Border Protection launched a revamped webpage which allows non-immigrant visitors entering the United States, to access their I-94 arrival/departure record and their arrival/departure history. Prior to April 2013, non-immigrant visitors could only access and retrieve their recent I-94 arrival/departure record.

The overwhelmingly positive response to the agency’s I-94 arrival/departure online retrieval tool was what prompted the agency to also offer online travel history retrievals on the website. With this new electronic tool, travelers can access both their I-94 arrival/departure record and their arrival/departure history up to five years back from the date of their request. According to U.S. Customs and Border Protection, non-immigrant travelers may no longer need to file a Freedom of Information Act request (FOIA) to obtain their arrival/departure history thanks to this new electronic tool.

Through the website’s new function, travelers will be able to retrieve their I-94 record number, as well as their five year travel history, by entering only their name, date of birth, and passport information. It is important to note that this travel information will not reflect any changes of status, extensions of stay, or adjustments of status granted by USCIS.

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Tourist Visa denials are very common in certain parts of the world. In fact, there are countries where it is virtually impossible to obtain a Visitors Visa to the United States.

Under a recent Calculation of the Adjusted Visa Refusal Rate for Tourist and Business travelers under the Guidelines of the Visa Waiver Program, released by the State Department we can learn some very Interesting Statistics.

How can Visitors Enter the US?

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Wouldn’t it be nice to enter the US visa Free. I just left Israel a few days ago, most Israelis complain about the harsh requirement to get a simple visa to enter the US. Now the debate is on if Israel should join the Visa Waiver Program.

The Visa Waiver Program (VWP) is a program of the United States Government which allows citizens of specific countries to travel to the United States for tourism or business for up to 90 days without having to obtain a visa. The program applies to the 50 U.S. states as well as the U.S. territories of Puerto Rico and the U.S. Virgin Islands in the Caribbean, with limited application to other U.S. territories. Most of the countries selected by the U.S. government to be in the program are high-income economies with a very high Human Development Index and are regarded as developed countries.

Israel’s entry into the 37-nation U.S. Visa Waiver Program is the most controversial element in a pair of broader U.S.-Israel bills dealing with everything from improving cybersecurity to enhancing economic cooperation. Rep. Ileana Ros-Lehtinen is hoping to get the House Foreign Affairs Committee’s approval before Congress’ August recess. A version by Sen. Barbara Boxer is picking up support in the Senate.

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This is a very important Change effective today. Be aware that this change applies to nonimmigrants only. It has no bearing on U.S. Citizens and U.S. Lawful Permanent Residents.

Beginning April 30, 2013, U.S Customs and Border Protection will begin automating the I-94 process. Form I-94 provides nonimmigrants with proof that they have been lawfully admitted to the U.S. As part of the automation process, individuals traveling to the U.S. by air or sea will no longer complete or receive a paper I-94 document.

Despite this change, USCIS will continue to require applicants to submit a paper copy of Form I-94 when requesting certain benefits. In addition, other government agencies such as State Departments of Motor Vehicles and the Social Security Administration offices will still require a paper I-94. The paper I-94 may also be useful for work-authorized nonimmigrants to present to their employers during the employment eligibility verification (Form I-9) process, and to demonstrate lawful presence in the U.S. to other U.S. authorities.

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