Articles Posted in Family Visas

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:

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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..

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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.

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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.

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

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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

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.

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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.

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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.