Increase in visa processing in Brazil

The U.S. Mission to Brazil processed a record number of visa applications – 820,000 – in fiscal year 2011, a 42 percent

year-over-year increase.

DS-160 down

The DOS website that hosts the DS-160 form was down a few days ago on Friday. Hopefully the site is back up as nonimmigrants need to access it to apply for this visas.

USCIS Transformation System

USCIS announced they are in post-development of their transformation system. It's a new system that will allow applicants to apply for benefits online moving the agency away from a paper-based system. The first form to be rolled out is the I-539. Given the complexity of the application process, it'll take some time for the USCIS to get this transition down. We'll keep an eye on the progress.

Illegal becoming legal: Amnesty is not currently available.

Important information from the AILA website:

The Obama Administration’s immigration announcement is NOT an amnesty. It does not grant legal status or work permits. It is not something that you can sign-up for! There is no “safe” way to turn yourself in to immigration authorities. Consult an immigration attorney about your immigration case or status. To learn more about the August 18, 2011 immigration announcement from the Obama Administration, read a consumer advisory from the American Immigration Lawyers Association here. 

Getting Married in China: What to do

In order to get married in China, at least one member of the couple must reside in China. Two foreigners on tourist visas are unlikely to be able to register to marry.  The eligibility age for marriage in China is generally 22 for men and 20 for women. Certain categories of Chinese citizens, such as diplomats, security officials, and others whose work is considered to be crucial to the state, are not legally free to marry foreigners.

To register your marriage in Shanghai, please direct inquiries to the Marriage Registration Office at 3rd Floor, Room E; #82 Cao Bao Lu (Tel: +8621 6432-5087).  In other cities, please contact the local civil affairs office (Min Zheng Ju).

Upon receipt of an application to register a marriage, the civil affairs office must ascertain that both parties are eligible to marry.  The American partner to a marriage in China will generally be asked to submit a current passport, Chinese residence permit, Affidavit of Eligibility to Marry and a certified translation of this affidavit.  The Chinese partner must submit their Family Registration Book (Hu Kou Bu) or residence permit, and Chinese National ID card (Shen Fen Zheng).

To hire an immigration lawyer to help bring your Chinese spouse to the USA, call us at 626-771-1078

Adjustment timeframes at Tampa USCIS

Just received word that adjustment apps at Tampa USCIS are taking 4 - 5 months. For I-751 removal of conditional permanent resident status, processing is also taking about 4 - 5 months. Both apps are relevant for fiance(e) visa applicants. Contact us if you need more info.

I-765 work permit tips released

USCIS released tips on preparing a work permit application on the I-765. Fiancee visa applicants are often eager to begin working immediately upon entering the US. K-1 regulations do permit employment, K-1 visa holders have found it difficult to prove their employment eligibility get a social security number from the Social Security Administration. Most just wait until receiving their work permit card as part of applying for a green card. To check out the work permit tip sheet, visit http://www.uscis.gov/ For help applying for a fiance(e) visa or green card, visit us at http://www.myfianceevisa.com/ or call us 626-771-1078.

Another I-129f petition approved

Another K-1 petition approved. This one was receipted on 7/15/2011 and approved on 11/1/11. Took 3.5 months. Not bad considering the CSC is projecting adjudication times of 5 months currently. Beneficiary is from China.

K-1 fiancee visa processing at CSC

Just received the latest processing times at the California Service Center. Processing of K-1 petitions is taking about 5 months. For spousal visas, processing times are also 5 months. Bear in mind that, unfortunately, processing times are not always accurate. The USCIS has acknowledged this to the American Immigration Lawyers Association.

Veterans Day: Thank you

Special thank you to all the veterans who have served our country!

DOS to increase number of US consular officers in China

The Department of State is increasing visa adjudications by one-third in FY 2012 in China, where it has seen significant increase in visa demand. The Department is adding 98 visa adjudicators this year and next in China and Brazil. A number of these new adjudicators are being hired through a pilot program that targets applicants who already speak Mandarin. The first group of these special hires to arrive at posts in China and Brazil in the spring of 2012. A second group will follow in summer 2012.

Very happy to see the Dept. of State's response to the growing demand in China.

For help with US visa processing in China and Brazil, call us at 626-771-1078.

US citizen K-1 petitioners subject to Adam Walsh Act

U.S. petitioners who have been convicted of certain crimes will be subject to the Adam Walsh Act. Such crimes include the following:

• An offense involving kidnapping (unless committed by a parent or guardian);

• An offense involving false imprisonment (unless committed by a parent or guardian);

• Solicitation to engage in sexual conduct;

• Use in a sexual performance;

• Solicitation to practice prostitution;

• Video voyeurism;

• Certain crimes involving child pornography;

• Criminal sexual conduct involving a minor; or

• Any other conduct that by its nature is a sex offense against a minor.

AILA attorneys are reporting that the USCIS is sometimes taking over a year to adjudicate these types of cases. USCIS states that "the ISOs must review the evidence presented to make well-reasoned determinations about the risks petitioners may pose to the beneficiaries of the petitions... As it stand currently, the processing time for AWA-related cases at the VSC is at eight months."

If you are a US citizen who has committed these types of crimes and are seeking to apply for a foreign fiancee, please call our office at 626-771-1078 to see if we can help you.

K-1 fiancee visa processing at US embassy in Abu Dhabi

This post processes a large number of K-1 fiancee visas, especially for Iranian K-1 cases. Expat workers should be prepared to present their UAE residence permits to process at this post. Key factors to show during the interview are the bona fide nature of the relationship between the US citizen and foreign fiance(e).

The post will try to accommodate appearances by the US citizen petitioner who wishes to attend the K-1 fiance(e) interview with his/her foreign fiance(e). However, the presence of the U.S. citizen petitioner is not a requirement.  Even if a US citizen is present, the petitioner should be prepared to allow the US embassy officer to interview the foreign fiance(e) separately.

For assistance with K-1 or spousal visa processing at the US embassy in Abu Dhabi, please contact me at 626-771-1078.

Getting biometrics done in Guangzhou?

Applicants filing for a reentry permit need to be physically present when the application is filed. Thereafter, a biometric appointment is scheduled where the applicant goes to a fingerprinting office to provide fingerprint scans. At this point, we're hoping that applicants who were present in the USA at the time of filing the reentry permit application but who left and were outside the USA when the biometrics appointmnent was scheduled, will be permitted to provide their biometrics abroad. Being able to do so would save time and money given that the applicant wouldn't have to fly back to the USA. We're waiting to see if Guangzhou will allow this, but we did receive unofficial word that the office in Guangzhou did receive a biometrics machine so we're keeping our fingers crossed.

New medical exam form issued

USCIS released a new I-693 medical exam form version today. The new version will be required starting 1/1/12. Most adjustment of status applicants need to have a medical exam conducted as part of the adjustment process. Medical exam are performed by USCIS authorized medical doctors referred to as civil surgeons. Civil surgeons can be located by visiting http://www.uscis.gov/ and inputting a zip code.

Civil surgeons are supposed to be current with medical exam requirements and with procedures. However, given that the new form is being phased in, it's always a good idea to confirm with the civil surgeon's office that they are aware of and will be using the new form. Not only are medical exams expensive, but applicants will be very disappointed to see their adjustment of status applications delayed if it is determined that a civil surgeon used an expired form.

Please don't friend me (on Facebook)

If you are interested in using social media to connect with me, please use my LinkedIn.com account. While I do maintain a Facebook account, it's only for personal use. Ethical concerns make trying to manage social media relationships tricky. What folks don't realize is that friending an attorney on Facebook could open up ethical issues where confidential information could be transmitted simply by being listed on an attorney's friends roster. I find it a little bit easier to limit my professional relationships to LinkedIn. Still, it's not perfect.

Web 2.0 and the new social media applications are a wonderful way to connect. What's challenging is making sure attorney/client or attorney/prospective client interactions are compliant with state ethical rules.

Planning a trip to China to visit Chinese fiancee

Just cranked out a quick email to a prospective client. He's been in touch with a gal in China and things are going well. He wanted to know what the supporting docs are that need to be gathered, and I was happy to provide him with some info about the K-1 fiancee visa as well as the supporting docs. Always appreciate when folks are proactive and thinking ahead. It saves them time and expense.

If you have questions about your specific situation, call me at 626-771-1078 or email me.

U.S. embassy in Bangkok, Thailand closed temporarily

Got word that the U.S. embassy in Bangkok, Thailand has been closed temporarily due to flooding. Office is expected to be closed for a few days. Hopefully this won't impact the fiancee visa and spousal visa scheduling too much.

USCIS holds stakeholder meeting re Ethiopian adoptions

U.S. Citizenship and Immigration Services (USCIS) would like to invite you to attend a stakeholder call to discuss USCIS processing of Ethiopian adoption cases which the U.S. Embassy in Addis Ababa is referring to USCIS as "not clearly approvable" on Friday, October 28, 2011 @ 10:30 am (EDT).

Recently, the U.S. Embassy in Addis Abbaba, Ethiopia, has identified a number of adoption petitions (Form I-600, Petition to Classify Orphan as Immediate Relative) that it has determined are not clearly approvable (NCA), and thus, must be referred to USCIS for adjudication. USCIS would like to explain what “not clearly approvable” means and how the processing of such cases will unfold once the cases are referred to USCIS. 

I feel bad for those parents who are looking forward to being united with their kids but cannot because of potential problems surrounding their I-600 paperwork. Hopefully this will get resolved with as little heartache as possible.

4 attorneys disciplined

Just read that 4 immigration attorneys were disciplined. I didn't know them. The Executive Office for Immigration Review announced the disciplining of four immigration attorneys this morning. Not quite sure what the grounds were for the discipline. However, the disciplinary action included suspension of up to 5 years before the immigration tribunals.  Glad to see that the EOIR is monitoring attorneys who are breaching rules of professional conduct. And hopfully these measures will instill in the public a bit more trust in the legal profession.

K-1 fiancee visas and work permits

K-1 regulations do permit K-1 fiancee visa holders to obtain a work permit. Today, the USCIS announced the release of a new version of the work permit (employment authorization document). The new work permits contain state-of-the-art technology which is designed to deter counterfeiting and obstruct tampering. Holders of a work permit will be permitted to work for almost any U.S. employer and serves as a list A document on the list of acceptable documents on the I-9 form.

The process of applying for a work permit will not change.

Fiancee visa processing: Administrative delay

Some fiancee visa interviews do not conclude in one day, and the consular officer requires additional time to review the case. This situation is referred to as "administrative delay". While many administrative processing delays can be resolved within 90 days, some take longer. The Department of State provided some information for those cases taking longer than 90 days.

K-1 fiancee visa denial: Visa Office explains

It's always devastating when a fiance(e) gets a denial of their fiance(e) visa at the interview. According to the Foreign Affairs Manual, the consular officer must provide the section of the law that the applicant was denied under, but also a factual basis for the refusal. That explanation for the reason for denial sometimes seems to be glossed over leaving the applicant confused about why s/he was denied.

AILA approached the Department of State about this trend, and here's the liaison's response:

"VO believes that while using clear language to describe refusals is essential, explanations of why a visa could not be issued need not be lengthy. Using precise legal citations creates less confusion and is less likely to be misinterpreted than other notes that consular officers provide. Because resources at posts are often stretched, we instruct our officers to use the cleared language available to them in the FAM to describe refusals."

USCIS' ICE unit to combat document fraud

USCIS announced the expansion of their forensic lab in Boston. One of the purposes of the expanded lab will be to combat document fraud. Document fraud, unfortunately, is widespread and affects not only work-based immigration petition but marriage-based and family-based petitions as well. Bogus college transcripts, employment records, divorce decrees, or death certificates can be purchased overseas in cottage industries that cater to immigrants seeking to bolster their immigration benefit applications. It's not worth it. The USCIS is aware of these schemes and the penalties are severe, possibly leading to a permanent ban on entering the USA.

Applicants seeking a green card and permanent residency should provide the documents required by the immigrations, but realize that secondary evidence may be provided in the event the primary documents are no longer available.

Contact my office at 626-771-1078 or visit us at http://www.myfianceevisa.com/ for more details.

NVC documentation receipt notations

It's always great to hear from the NVC when they state that all required docs have been received and the case is ready for the next step. In the case of Immigrant Visa applications, it's an interview at the US embassy or general consulate. What I find a bit confusing is the notations the NVC uses to essentially denote the same status with slight variations.

For example, to indicate that a document has been received, the NVC uses the following:

• D= certified document received
• O= original document received and accepted as meeting post requirements
• S= scanned document received. Original document must be presented at time of interview.
• Y= the required document has been received.

I appreciate the detail that these notations provide, but there must be an easier way to convey this information. Hopefully the NVC will streamline this process and make it easier to work with.

E visa unit to be partially closed in December

Just got the schedule for the E visa unit hours at the US embassy in London for the month of December. I've processed cases through London and the embassy has been good to work with. My clients have expressed satisfaction with the services they've received there. Always good to hear given the workload those officers face.

Work visa for girlfriend in China

Just finished consulting with an individual wanting to bring his girlfriend over from China. Her situation is different because she had previously been in the US on a work visa. His situation is also different as he isn't a US citizen. Examining the different options for her and for him.

USCIS to change document delivery practice

Starting Sept. 12, 2011, the USCIS will change their document delivery practice. If an applicant is represented by legal counsel, the USCIS will send the original receipt notice to the applicant's address. The attorney will receive a copy of the receipt notice. Prior to this date, the USCIS would mail the original notices to the attorney on record.

The USCIS states that they  are doing this to ensure that the applicant receives important docs such as the I-94 arrival/departure record. Based on my experience with applicants and petitioners constantly moving around, their preference is that the original be sent to the attorney. So this change may not be beneficial for those types of individuals. Hopefully this change won't be too problematic. We'll see.

AAO finds extreme hardship for spouse of US citizen

Just read an AAO decision where the applicant had attempted to enter the US by fraudulently manipulating a foreign passport. Her US citizen husband filed an application for waiver of the ground of inadmissibility based on fraud. Initially denied, the applicant appealed to the AAO. The AAO reviewed the information supplied which included financial and psychological evidence of the stress and toll the separation would take on the applicant's US citizen spouse and agreed to sustain the appeal. No doubt the appeal was well-thought out and included substantial supporting documentation.

Should you need assistance filing an application waiver a ground(s) of inadmissibility, contact me office: 626-771-1078.

K-1 denied: what next?

Was speaking with a prospective client who had his K-1 fiancee visa for the same fiancee denied... twice. Very unfortunate, especially given the circumstances. Based on my preliminary review of the relationship, there wasn't anything outstanding that would raise a red flag. It looks like the foreign fiancee just didn't interview well. Perhaps she wasn't prepared adequately for the interview.

After the first denial, many K-1s would have the US citizen fly over and they marry. Then apply for the immigrant visa. This individual was not able to do that for specific reasons, and had to reapply for another K-1. After almost another year of waiting, the second denial was devestating.

While it is possible for an applicant who had previously applied for a K-1 and was denied, to subsequently apply later, practically speaking, it may not be worth the risk.

If you find yourself in this situation, contact me at 626-771-1078 so I can review what your options are.

Immigrant visa applicant finally clears NVC

Finally had a client seeking an immigrant visa get through the NVC. Took some time and the client and I had to resubmit copies of supporting docs. It became frustrating as we were asked to produce docs we had previously submitted. A few docs were even in question which was especially challenging given that I had previously submitted such docs without any problems. So I had to send some emails to clear up any misunderstanding. Fortunately, the folks at the NVC were receptive and finalized my client's immigrant visa paperwork. Now it's off to Guangzhou for the scheduling of the IV interview.

Deadline for eligible widow(er)s for filing Form I-360 is October 28, 2011

USCIS reminds eligible widow(er)s that October 28, 2011 is the deadline for filing a Form I-360 visa petition. If you are the widow(er) of a U.S. citizen who died before October 28, 2009 you may be eligible to immigrate to the United States if:

1. You and your deceased spouse were married for less than 2 years when your spouse died and
2. You file Form I-360 for Special immigrant classification as a widow/widower by October 28, 2011.

If you need help with this, contact me asap as the deadline is very near!

K-2 received visa stamp

Just heard this morning that client's K-2 child received K-2 stamp in his passport. Very happy for them. The situation was different because the mother was not able to be present at the consulate general. A relative accompanied the child. There were some questions and some hiccups with this type of arrangement. The consulate general did have some additional questions for the child and relative, but eventually reason prevailed and the child received his stamp.

 

K-1 client is thrilled that her child can join her and her new husband here in the USA. I'm just as thrilled and happy to help them be reunited.

Rescheduled K-1 interview at Guangzhou

Pretty pleased and happy with consular service at Guangzhou, China. A client needing to reschedule her fiancee visa interview due to health reasons was able to do so. GUZ was pretty accommodating and waited for her, and is now rescheduling her. Quick response from GUZ. Their email set up is efficient and responsive. No snafus or lost case information. Thankful for those US consular officers.

AAO releases new decisions

Just heard that the AAO has just released some new decisions on variety of visa categories, including the K-1 fiancee visa. It's always good to do a read of these decisions, even if they are not precedent. Will schedule some time later today to do a quick read.

Problems at the USCIS

Darn it! Just found out from AILA that the USCIS computer systems experienced a huge glitch. The unfortunate outcome is that attorneys representing clients before the USCIS are receiving receipt notices, but SUBSEQUENT NOTICES ARE NOT BEING SENT! This may affect as many as 19,000 cases. This means that any Request for Evidence, interview notices for marriage-based adjustment cases, and denials may not be sent to the attorney. Very very frustrating. Here's hoping that the USCIS fixes their systems quickly, otherwise, immigration attorneys will have a difficult time managing their clients' cases.

USCIS to issue I-765 and I-131 'combo cards'

USCIS will be integrating the I-765 employment authorization card with the I-131 advance parole document. The I-765 grants a foreign national the privilege to work in the USA, and the I-131 advance parole document allows the foreign national to return to the US after a brief trip outside the States without the Service considering the action to be an abandonment of an adjustment of status application. Both documents are important for spouses of US citizens who seek to obtain permanent residency. USCIS will provide more info at the upcoming stakeholders meeting in November.

K-3 processing times

K-3 processing times at the California Service Center just released: it's also taking 5 months.

K-1 processing times

Just got word of K-1 processing at the CSC. They are currently taking 5 months, unfortunately,

NVC electronic processing is great but...

I appreciate the National Visa Center's electronic processing. It's their attempt to cut-down on the paper waste, save some trees, and streamline the process. Scanning supporting docs and emailing them is much more efficient. Unfortunately, it assumes that our email accounts can handle the heavy scans, and most can't. I think that gmail caps the emails at 25 mb. Therefore, submitting docs to the NVC requires a couple of emails. This would be okay so long as the processors receive everything and keep the supporting documents in order. So far, that hasn't always been the case.

On the whole, I'll still take the electronic service for its speed and efficiency over the paper-based traditional method.

USCIS to discuss I-765 and I-131

The USCIS will hold a stakeholders meeting on 11/15/11 to discuss issues concerning the I-765 and I-131 forms. K-1 visa holders are familiar with these forms because they use the I-765 to apply for work authorization and the I-131 to apply for permission to reenter the USA after arriving into the USA on the K-1 visa.  In most cases, the I-765 and I-131 are submitted as part of the adjustment of status process.

To participate in the free stakeholders meeting via telephone, visit the USCIS.gov website for more information on registering.

For help with our K-1 or K-3 applications, contact us at 626-771-1078 or visit us at http://www.myfianceevisa.com/

Interesting Conversation with K-1 applicant

A couple of weeks ago, I had an interesting conversation with a K-1 inquiry. This individual had hired another law firm to prepare his K-1 fiancee application for his fiancee in China. Unfortunately, the application was denied. As a courtesy, I reviewed his information to determine the cause for denial, and was dismayed to see that the USCIS had denied his application based on a misunderstanding about Chinese marriage and divorce law. Had the individual's attorney taken some time out to research and clarify the issue in response to the USCIS Request for Evidence, I think the application would be have succeeded. This was not the case, and this individual was now approaching me to discuss what options he had in light of the denial.

What made this situation particularly sad was that the individual never communicated with his attorney. His attorney never spoke or emailed to him, even when his case had been denied! He told me that his only contact with the law office was with a paralegal. I find this outrageous. A client who pays legal fees deserves to have his paperwork handled by a competent attorney. Had the client known that his paperwork would be handled solely by a paralegal, he probably wouldn't have hired that firm.

I often tell prospective clients that if they choose not to hire my firm, that's ok. However, they are always advised to go with an attorney. If a client has questions, which he inevitably will, a paralegal cannot answer those questions or face engaging in the unauthorized practice of law. While the lower fees that a paralegal charges may be attractive, the limitations of working with a paralegal are just not worth it. In this sad situation, hiring an attorney was not enough. While I am available for my clients on a daily basis and work directly on their cases, not all attorneys do, instead relying heavilyy on paralegals. In the realm of hiring a K-1 legal professional, the latin phrase, caveat emptor, is still very relevant.

K-1 denial reversed on appeal!

Hi folks,

Just got word today of a case that's been pending for about 1 and a half years. The K-1 was erroneously denied because the USCIS officer didn't understand the different ways of obtaining a divorce in China. I had to detail both routes and discuss what option my client took.  The agency that authorized the divorce provided proof of the dissolved marriage, but the officer didn't accept their paperwork as adequate proof of the divorce. To add to the confusion, there was ambiguity in the English translation that could have potentially changed the meaning and weight of the document.  This confused the officer, and I had to point out the true meaning of the evidence at hand.

In the end, the appeal was succesful and the client is now back on track to process their K-1 fiancee visa. The important lesson here is to have an experienced attorney review your paperwork. While the paperwork may appear to all be there, careful review of the docs to be submitted is essential. Otherwise, the officer may hang on to a seemingly minor issue, focus on it, and deny the immigration benefit.

If you need professional legal asssistance, please call me at 626-771-1078 or visit our websites at http://www.myvisa.com/ and http://www.myfianceevisa.com/

BIA addresses eligibility of K-2 child who turns 21

25 I&N Dec. 541 (BIA 2011)

In this case, the Board of Immigration Appeals addressed issues pertaining to the child of a nonimmigrant fiancée visa holder who obtained admission as a derivative of his mother’s

fiancée status. The respondent, a K-2 visa holder, sought to adjust his status to that of a lawful permanent resident, but he had turned 21 prior to the adjudication of his application for adjustment of status by the Immigration Judge. The BIA concluded that to adjust status based on a K-2 visa, an alien derivative child must establish that he or she was under 21 years of age at the time of admission to the United States.

The respondent was born on March 24, 1985, in Vietnam. His mother, also a native and citizen of Vietnam, became engaged to a United States citizen who filed a Petition for Alien Fiancé(e) (Form I-129F) with the U.S. Citizenship and Immigration Service (“USCIS”) on her behalf on December 8, 2003. The petition was approved, and the respondent’s mother was issued a K-1 nonimmigrant fiancée visa pursuant to section 101(a)(15)(K)(i) of theAct, 8 U.S.C. § 1101(a)(15)(K)(i) (2000). The respondent, who was then 19 years old, was issued a K-2 nonimmigrant visa as the minor child who was accompanying, or following to join, his mother, a K-1 visa holder, pursuant to section 101(a)(15)(K)(iii) of the Act. On December 27, 2004, the respondent and his mother were admitted to the United States on their K visas, when the respondent was still 19 years old.

On December 30, 2004, within a week of her admission, the respondent’s mother married her United States citizen fiancé. Approximately 2 months later, on February 24, 2005, both the respondent and his mother filedapplications to adjust status with the USCIS. The respondent’s mother was granted adjustment, but the respondent’s application was denied. The USCIS found that the respondent could not qualify as the “stepchild” of the fiancé petitioner within the meaning of section 101(b)(1)(B) of the Act because he had already reached the age of 18 at the time of his mother’s marriage. He was therefore determined to be ineligible to adjust his status.

The respondent was subsequently placed in removal proceedings by the issuance of a Notice to Appear (Form I-862) on March 24, 2006. At a hearing before the Immigration Judge, the respondent conceded removability and sought to renew his adjustment application. The Immigration Judge denied therespondent’s adjustment application, but he disagreed with the reason given by the USCIS for its denial. The Immigration Judge concluded that under section 245(d) of the Act, the respondent had been eligible to adjust his status to that of a conditional permanent resident when his application was before

the USCIS, because he was still under 21 years old. Nevertheless, the Immigration Judge determined that the respondent could no longer adjust because he had since turned 21 and could not qualify as a “child,” as that term is defined in section 101(b)(1) of the Act.

After reviewing the matter, the BIA found that a K-2 derivative child of a fiancé(e) visa holder must establish visa eligibility and availability in satisfaction of section 245(a) at the time of his or her admission to the United States. See generally Nat’l Cable & Telecomms. Ass’n v. Brand X Internet Servs., 545 U.S. 967 (2005). As it concluded in Matter of Sesay, visa eligibility and availability are best established by the date of admission.

Matter of Hieu Trung LE, Respondent 

Beware working with non-attorneys

The USCIS and Executive Office for Immigration Review has been cracking down on paralegals and non-attorneys who are acting as an attorney by providing legal advice to individuals they are assisting. While it may be acceptable for a paralegal to complete an USCIS form given biographical information from an applicant, s/he is strictly prohibited from giving legal advice.

Unfortunately, there have been reports of unscrupulous notarios and other paralegals taking thousands of dollars from applicants and providing little or incompetent service. The USCIS and EOIR are trying to combat this through various initiatives.

When preparing a fiancee or spousal visa petition, one must be prepared to thoroughly research K-1 and spousal visa regulations and procedures. If you aren't comfortable doing this, considering hiring an attorney. Contact Ted Huang, Esq. at 626-771-1078 for assistance.

Should you apply for your K-1 fiance(e) visa in Canada?

U.S. consular officials at the Vancouver U.S. consulate were asked if third country nationals could apply for a visa at their office. Here's their response.

"[Third country nationals should not consider applying for a visa in Canada] when they are visa or forum shopping. We will take the cases of people who are resident and present in Canada, including TCN’s coming from the US. It’s usually quite evident if something weird is going on, and those sorts of cases are problematic, and prone to more scrutiny and possible refusal. Applicants coming from other countries should be aware of language issues and sufficient proof of ties to residence abroad.

Also, applicants who have faced – or might face -- “administrative processing” should think long and hard about where and when to apply. There are many news items on applicants stuck in Mexico or

Canada while they await resolution of their visa application."

K-1 processing in Canada

A recent American Immigration Lawyers Association meeting with consular officers from the Vancouver U.S. consulate yielded the following helpful tips about K-1 fiancee visa processing at the Vancouver office.

• American citizen fiancées are not required to attend. Consular officers would want them present if there were interpretation or assistance needs.
   
• K-1s are handled like all other visas in terms of the interview.
   
• Same day processing is not a possibility. Consular officers attempt to process the visas within 24-48 hours for retrieval from DHL 24-48 hours after that.
   
• The Vancouver office receives the approved petitions from the Kentucky Consular Center. Based on approval stamps, it receives petitions 3-4 weeks after the approval.
   
• The Vancouver office currently has no backlog. The case is generally delayed by the applicant, as the office waits for their notification that they have collected the necessary documents.

2011 Vaccination requirements for immigrant visa applicants

K-1 visa applicants are required to obtain a medical exam for presentation to the consular officer at the time of their K-1 interview. At the time of the medical exam, applicants may want to consider also obtaining required vaccinations as they will be needed when submitting an adjustment of status application. The adjustment application is the next application K-1 recipients need to submit up on arrival into the US.

United States immigration law requires immigrant visa applicants to obtain certain vaccinations (listed below) prior to the issuance of an immigrant visa. Panel physicians who conduct medical examinations of immigrant visa applicants are required to verify that immigrant visa applicants have met the vaccination requirements, or that it is medically inappropriate for the visa applicant to receive one or more of the listed vaccinations:

• Hepatitis A
• Hepatitis B
• Influenza
• Influenza type b (Hib)
• Measles
• Meningococcal
• Mumps
• Pneumococcal
• Pertussis
• Polio
• Rotavirus
• Rubella
• Tetanus and diphtheria toxoids
• Varicella

In order to assist the panel physican, and to avoid delays in the processing of an immigrant visa, K-1 applicants should have their vaccination records available for the panel physician's review at the time of the immigrant medical examination. Visa applicants should consult with their regular health care provider to obtain a copy of their immunization record, if one is available. If you do not have a vaccination record, the panel physician will work with you to determine which vaccinations you may need to meet the requirement. Certain waivers of the vaccination requirement are available upon the recommendation of the panel physician.

Fiancee visa interview in China: Supporting Docs 2011

Below are the 2011 supporting documentation requirements for Chinese fiance(e)s seeking to apply for a K-1 fiancee visa in China.

• DS-156
• DS-156K
• A passport valid for travel to the USA
• Birth certificate
• Divorce or death certificate(s) of any previous spouse(s) for both you and the U.S. citizen sponsor
• Police certificates
• Medical examination
• Evidence of financial support. Affidavit of Support is optional
• 2x2 photographs.
• Evidence of relationship with your U.S. citizen fiancé(e)
• Payment of fees

Should you need assistance obtaining a fiance(e) visa for your China fiance(e), please do not hesitate to call us at 626-771-1078. Visit our website at http://www.chinesefiancee.com/ or http://www.myfianceevisa.com/

Change of Address for form AR-11

For K-1 fiance(e)s and their US citizen spouses, the immigration process is not over once the foreign fiance(e) has entered the US. After entry, K-1 regulations require that the couple must marry within 90 days and file to adjust the foreign fiance(e)'s status. During that time, the fiance(e) is in K-1 fiance status.

Once the adjustment of status application is sent to the USCIS, the foreign spouse is now considered an applicant for adjustment. In general, processing for the adjustment application takes about 9 - 12 months, depending on where the applicant lives and the USCIS office that has jurisdiction over the applicant.

During this time, it is imperative that the foreign applicant keep the USCIS updated regarding his/her residence. This is key so that the applicant can receive notices regarding fingerprinting as well as the adjustment interview that both will be reuqired to attend. Moreover, significant moves could actually affect where the application and interview will take place.

Per the USCIS website:

"All non-U.S. citizens (aliens) who are required to be registered are also required to keep the USCIS informed of their current address. This is particularly important when you have filed an application or petition for a benefit under the Immigration and Nationality Act and expect notification of a decision on that application. In addition, the USCIS may need to contact you to provide other issued documents or return original copies of evidence you submitted.

A willful failure to give written notice to the USCIS of a change of address within 10 days of moving to the new address is a misdemeanor crime. If convicted, you (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA § 266(b)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of your stay in the United States. Failure to comply could also jeopardize your ability to obtain a future visa or other immigration benefit."

There are 3 ways to notify the USCIS of a change of address. Perhaps the easiest is to do it online. To do so, click on this link: https://egov.uscis.gov/crisgwi/go?action=coa

Alternatively, a foreign applicant may call the USCIS at (800) 375-5283 or mail the AR-11 form in. For the latter, the address as of 3/3/11 is

DHS/USCIS

Harrisonburg File Storage Facility

Attn:  AR-11

1344 Pleasants Drive

Harrisonburg, VA 22801

More on the K-1 Physical Meeting Requirement

One of the key requirements of the K-1 fiance(e) visa is that the couple must have physically met at least once in the past two years. For many couples, this is not an issue and can be documented through photos, plane tickets stubs, and hotel/travel receipts.

For those facing unusual circumstances though, this can pose problems. In one instance, a couple had known each other for 4 years. They met during the first year and subsequently applied for a fiancée visa in year 2. The petition was approved, but personal circumstances prevented the fiancée from utilizing and entering the US on the K-1 visa. The I-797 approval notice expired, but the couple continued to communicate.

In year 4, the couple decided that the fiancée would enter the U.S. The couple needed to reapply for a fiancée visa, however, finances prevented them from being able to meet within the past 2 years of the submission of the subsequent K-1 petition. Would the USCIS grant an exemption?

Unfortunately, K-1 regulations only allow exceptions to the meeting requirement based on religious/social custom reasons or medical extreme hardship. Financial inability is not an option. In these circumstances, officers may suggest that the foreign fiancé(e) or US fiancé(e) travel to the foreign country or to the USA to satisfy the meeting requirement.

Nor is the inability to procure a tourist visa for the foreign fiancé(e) to visit the US an option. In that situation, the officer may suggest to the couple that they arrange to meet in a 3^rd country such as Mexico or Canada.

In view of this strict application of the 2 year meeting requirement, international couples who are serious about bringing the foreign fiancé(e) should prepare and plan carefully to address the meeting requirement. Not only are there financial considerations such as air fare, hotel, and other travel expenses, but there are potential timing issues as well, bearing in mind that the meeting must have taken place within 2 years prior to the submission of the petition.

Should you and your fiance(e) be interested in applying for a fiance(e) or spousal visa, please do not hesitate to contact me at (626) 771-1078.

H-1B cap count

As of 1/24/11, the H-1B cap count for bachelor's degree is 62,800 receipted. There are 65,000 available. Not all of the receipted H-1B petitions count toward the cap, but it is likely that the H-1B cap will be reached soon.

Getting original documents returned from the USCIS

USCIS instructions permit copies to be submitted along with the I-129f. This is generally recommended to avoid submitting an important original document which could get lost or destroyed.

In the event that an applicant does submit an original document, takes certain steps to increase the likelihood of getting your original document back. Submit the original with a copy and a request from the USCIS to return the original. If the applicant doesn’t include a copy, the USCIS may keep the original.

If the USCIS retains the original, use form G-884 to request that the USCIS return the original. File this form with the office where your case was pending. No fee is required to submit this form.

If you need assistance filing a fiance(e) or spousal visa petition, contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

USCIS online petition tracking

The USCIS online tracking system is a good start. However, it fails to provide sufficient information about petitioners’ applications. Users receive a receipt number upon filing their petitions with the USCIS. They can then go online, type in the receipt number, and obtain a status update.

Unfortunately, the information provided is sparse and not very detailed. The case updates primarily state that the petition has been received, that additional information was requested, or that a decision was made and the applicant will be informed.

The system is inadequate in that it fails to provide information about cases that were transferred between offices. The system doesn’t provide information about which office the transferred file was eventually sent to.
The USCIS recognizes that the system needs to be updated to provide more useful and detailed information. In a recent letter to American Immigration Lawyers Association, it indicated that it would be developing a software update that would offer more detailed information. Unfortunately, as of 12/31/2010, no new developments can be reported. Hopefully the update will arrive soon in 2011.

State Dept. issues Redesigned report of birth abroad

The DoS recently announced the introduction of a redesigned Consular Report of Birth Abroad (CRBA). The CRBA is an official record confirming that a child born overseas to a US citizen parent acquired US citizenship at birth. The redesigned document has state-of-the-art security features that make it resistent to alterations or forgery.

CRBAs have been printed at US embassies and consulates around the world since 1919. Effective 1/3/11, CRBAs will be printed at passport facilities in Portsmouth, NH and New Orleans, LA.  The DoS believes that centralizing production ensures improved uniform quality and lessens the threat of fraud.
Applications for US passports and the redesigned CRBA will also use the title of “parent” as opposed to “mother” and “father”.

For assistance in obtaining a CRBA for your overseas born child or to bring over your foreign spouse or fiance(e), contact a lawyer at www.myfianceevisa.com or call us at 626-771-1078.

Filing mistakes: Filing the K-1 petition at the wrong USCIS office

The USCIS website gets better and better. The instructions for filing different applications are becoming much clearer and more organized, a huge improvement over their processes 14 years ago when I first started practicing.

The instructions on the I-129f petition indicate where the application should be filed. In the past, the petitioner would need to look up the service center that has jurisdiction over his state of residence, and mail it there.

Unfortunately, it can happen where an applicant carefully prepares a petition but mails it to the wrong location. In that case, what result? Will the petition be rejected? Will it be lost in a paperwork limbo? Will it be accepted and eventually routed to the corrrect office?

The USCIS Adjudicator’s Field Manual provides for this scenario:
“Although the instructions for each type of application or petition specify where that application or petition is to be submitted, submission to an incorrect office (or incorrect post office box where more than one box is used by a service center to sort cases by application type) is not a reason for rejection. Such cases should be receipted and routed to the appropriate office for processing.”

Hooray for the USCIS and being accommodating enough to allow for this oversight.
If you need assistance with a fiance(e) or spouse visa, contact our law office at 626-771-1078 or visit www.myfianceevisa.com  

Definition of domestic violence

Domestic violence is a pattern of behavior when one intimate partner or spouse threatens or abuses the other partner. Domestic violence may include physical harm, forced sexual relations, psychological and emotional abuse, tactics of isolation (such as controlling who you talk to or where you go) or intimidation, economic abuse (such as withholding support) and/or immigration related abuse or threats (such as refusing to file applications to give you legal immigration status, or threatening to call immigration authorities to get you removed from the United States if you report abuse).

Domestic violence often increases victims’ dependence on abusers, making it difficult for victims to leave. While most recorded incidents of domestic violence involve men abusing women or children, men can also be victims of domestic violence. Domestic violence may include sexual assault, child abuse, and other violent crimes. Sexual assault is any type of sexual activity that you do not agree to, even with your spouse, and can be committed by anyone. It includes unwanted touching of your intimate parts as well as rape or attempted rape. Child abuse includes: physical abuse (any injury that does not happen by accident, including excessive punishment), physical neglect (failure to provide food, shelter, medical care or supervision), sexual abuse, and emotional abuse (threats, withholding love, support or guidance).

Under all circumstances, domestic violence, sexual assault, and child abuse are illegal in the United States. All people in the United States (regardless of race, color, religion, sex, age, ethnicity, national origin, or immigration status) are guaranteed protection from abuse under the law. Any victim of domestic violence – regardless of immigration or citizenship status – can seek help. An immigrant victim of domestic violence may also be eligible for immigration related protections.

If you are the victim of domestic abuse, contact your local law enforcement or a shelter for more information regarding your options.

Legal rights of victims of domestic violence

All people in the United States, regardless of immigration or citizenship status, are guaranteed basic protections under both civil and criminal law. U.S. laws that apply to families give you:

• The right to obtain a protection order for you and your child(ren).
• The right to legal separation or divorce without the consent of your spouse.
• The right to share certain marital property. In cases of divorce, the court will divide any property or financial assets you and your spouse have together.
• The right to ask for custody of your child(ren) and financial support. Parents of children under the age of 21 often are required to pay child support for any child not living with them.

Consult a family lawyer and an immigration lawyer who works with immigrant victims of domestic violence to understand how any of these family law options may affect or assist you.
Under U.S. law any crime victim, regardless of immigration or citizenship status, can call the police for help or to obtain a protection order.

Immigration options for victims of domestic violence

Depending on the circumstances, there are several ways that immigrants who become victims of domestic violence, sexual assault, and some other specific crimes may apply for legal immigration status for themselves and their child(ren). A victim’s application is confidential and no one, including an abuser, crime perpetrator, or family member, will be told that you applied.

• • Self-Petitions under the Violence Against Women Act (VAWA) (Form I-360):
    • For spouses and children of abusive U.S. citizen or lawful permanent residents who have subjected them to battery or extreme cruelty.
    • Also available to parents of abusive U.S. citizen children (if children are over 21).
    • Allows the victim to apply for legal permanent residency without the help or knowledge of the abuser.
  • Battered Spouse Waivers under VAWA (Form I-751):
    • For a conditional permanent resident who has been subjected to battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse.
    • Allows the victim to remove the conditions on permanent residence without the help or knowledge of the abusive U.S. citizen or lawful permanent resident spouse.
• Cancellation of Removal under VAWA (requested in immigration court):
  • For spouses and children of abusive U.S. citizens who have subjected them to battery or extreme cruelty and who are in removal proceedings before an immigration judge.
  • Also available to the parent of a child or step-child who is abused by a U.S. citizen.
  • Among other requirements, victim must have been in the United States for longer than 3 years, and show that removal will cause the victim extreme hardship.
  • Allows the victim to request that the immigration judge cancel the removal proceedings and grant the victim lawful permanent residency.
• U-nonimmigrant status (crime victims) (Form I-918)
  • For victims of certain serious crimes, including domestic violence, who have suffered substantial mental or physical abuse as a result of criminal activity in the United States.
     Requires victims to cooperate in the criminal investigation or prosecution.
  • Allows victims to receive a “U visa,” and, after 3 years, if they can prove humanitarian need, public interest, or family unity reasons, to apply for lawful permanent residency.
• T-nonimmigrant status (victims of human trafficking) (Form I-914)
  • For victims who have been subjected to severe forms of sex or labor trafficking.
  • Requires victims to cooperate in the criminal investigation or prosecution.
  • Allows victims to receive a “T visa,” and, after 3 years, to apply for lawful permanent residency.

These immigration options each have further specific requirements that must be established. For more information and a flyer specifically on “Immigration Options for Victims of Crimes,” please visit the “Humanitarian” section of the USCIS website

Consult an immigration lawyer who works with victims of domestic violence to discuss how any of these immigration options may affect or assist you.

Obtaining a fee waiver of certain immigration benefits

U.S. Citizenship and Immigration Services (USCIS) is funded largely by application and petition fees. Waiving a fee transfers the cost of processing the application and petition for free to others through higher fees. However, the USCIS recognize that some individuals may not be able to pay the filing fee. Hence, the USCIS, in their discretion, will waive fees for certain applicants who effectively demonstrate their inability to pay the filing fees.

The review of any fee waiver request will follow a series of steps to determine whether the applicant’s income level or financial condition makes him or her eligible for the fee waiver.

Step 1. Are you receiving a means-tested benefit?  This step instructs an applicant about various acceptable means-tested benefits and the kinds of acceptable evidence used to document the receipt of a means-tested benefits. This step also outlines which family members will be considered as eligible for a fee waiver based upon the primary applicant’s receipt of a means-tested benefit. If you are receiving a means-tested benefit and you have provided sufficient evidence with your fee waiver request, your fee waiver will normally be approved and no further information is required.

Step 2. Is your household income at or below 150% of the Federal Poverty Guidelines at the time of filing? This step instructs an applicant about what is acceptable evidence in determining household income. It also specifies what family members should be included when determining household size. If you have provided sufficient evidence that your household income is at or below the 150 % threshold, your fee waiver will normally be approved.

Step 3. Do you have some financial hardship situation that you would want USCIS to consider when determining eligibility for a fee waiver? This step allows an applicant to list any special circumstances that USCIS should consider in addition to income such as extraordinary expenses and liabilities.

The fee waiver is only available for specific petitions. It is not available for the I-129f fiancee visa petition. However, it is available for subsequent applications that fiance(e) visa holders may submit once they are in the U.S. This includes the I-485 application to adjust their status from K-1 fiancee visa to that of a lawful permanent resident, the I-765 application for employment authorization, and the I-131 application for advance parole.

Should you need assistance with any of the above applications for your fiance(e) or foreign spouse, please visit our law firm’s website at www.myfianceevisa.com or speak with an attorney at 626-771-1078.

Removing Conditional status on a permanent resident card

For many foreign fiance(e)s, permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

The foreign fiance(e)’s status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file a petition to remove the conditional status placed on your permanent resident status.

Eligibility Criteria

Generally, you may apply to remove your conditions on permanent residence if:

• You are still married to the same U.S. citizen or permanent resident after 2 years (your children may be included in your application if they received their conditional resident status at the same time that you did or within 90 days)

• You are a child and cannot be included in the application of your parents for a valid reason

• You are a widow or widower of a marriage that was entered into in good faith

• You entered into a marriage in good faith, but the marriage was ended through divorce or annulment

• You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or permanent resident spouse

• The termination of your conditional resident status would cause extreme hardship to you

The removal of conditional status can be a challenging application to submit. If you need assistance filing this type of application, visit us at www.myfianceevisa.com or speak with an immigration attorney at 626-771-1078.

K-1 and K-3 processing at IV posts

K-1 fiance(e) visas are technically nonimmigrant visas. They allow the fiance(e) to enter the U.S. for a period of 90 days. The fiance(e) is admitted to enter for purposes of marrying the U.S. citizen.  

In light of this, one would expect that the foreign fiance(e) would be processed at a nonimmigrant post at the U.S. embassy or consulate general overseas. However, the Foreign Affairs Manual clearly states K-1 and K-2 visas must be processed and issued only at immigrant visa (IV) issuing posts.  

Furthermore, if a nonimmigrant visa (NIV) issuing post receives a K-1 visa petition, it should forward the petition to the IV issuing post which covers the consular district, unless the post has been specifically authorized to process K visas.  Similarly, applicants for K-3 spousal visas should also be processed at IV posts, as K-1s are. However, in some cases K-3 spousal visas may have to be processed at a consular post that normally issues only NIV, because there is no IV post in the country.  The statute requires that a K-3 visa for an applicant who married a U.S. citizen outside the United States be issued a visa by a consular officer in the foreign state in which the marriage was concluded. However, if no visa-issuing post is located in that country, the K-3 applicant should apply at the consular post designated to handle “homeless” IV cases for that country.  In sum, it is important to know which post will be processing your K-1 or K-3 visa. Because IV posts are responsible for processing these cases, the nearest visa-issuing office may not necessarily be the office your fiance(e) will be required to visit to obtain the K-1 or K-3 visa stamp.  
 If you need assistance obtaining a K-1 fiancee or K-3 spousal visa, please contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

Validity of a K-1 approval notice

An approved K-1 visa petition is valid for a period of four months from the date of Department of Homeland Security (DHS) action and may be revalidated by the consular officer any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary’s admission into the United States.

However, the longer the period of time since the filing of the petition, the more the consular officer must be concerned about the intentions of the couple, particularly the intentions of the petitioner in the United States. If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, the petition should be returned to the approving office of DHS with an explanatory memorandum.

To apply for your foreign fiancee, contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

Is the K-1 relationship legitimate?

There are several possible discrepancies between the facts stated on the petition and the actual circumstances of the K-1 beneficiary which might lead the consular officer to question whether the relationship is bona fide or which might cause the petitioner to choose not to go forward with the marriage.  These include the following:

• having one or more children not named in the petition,
• a prior undisclosed marriage (even if it has been annulled or ended by divorce or death),
• in the case of a fiancée, a current pregnancy.

Discovery of a ground of ineligibility of the K-1 applicant raises another issue of the petitioners awareness of all of the factors associated with the fiancé(e). 

Consular officers should use their discretion in determining whether to return the K-1 petition to the DHS in such cases. They should, however, first solicit from the petitioner information as to whether he or she was aware of the particular circumstance(s) and whether, in light thereof, he or she still wishes to proceed with the proposed marriage.  If satisfied in this regard, consular officers need not return the petition. 

Consular officers should return the K-1 petition to DHS for reconsideration if not satisfied with the bona fides of the relationship or if the petitioner indicates that he or she no longer intends to go forward with the marriage. 

If you need assistance obtaining a K-1 fiancee or K-3 spousal visa, please contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

NVC fraud unit and K-1 and K-3 applications

The NVC fraud unit is the central point for K-1 and K-3 petition revocations being returned to the U.S. from overseas posts. The unit has the ability to track petitions and provide continuity during to the process.
The NVC fraud unit prescreens K petitions prior to the file being sent overseas for the interview. The information contained in the file supplements the documentation and saves consular officers time as they prepare for the interview.

The NVC fraud unit also assists posts in other ways such as validation studies, process queries in DHS systems, communicating about fraud schemes, etc.

If you would like to speak to an attorney about bringing your foreign spouse or fiancee to the US., please call 626-771-1078 or visit us at www.myfianceevisa.com.

USICS issues newly designed green card

U.S. Citizenship and Immigration Services (USCIS) announced 5/11/10 that it has redesigned the Permanent Resident Card—commonly known as the “Green Card”—to incorporate several major new security features. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology incorporated into the new card prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication. Beginning today, USCIS will issue all Green Cards in the new, more secure format.

The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of authorization to live and work in the United States. Among the benefits of the redesign: Secure optical media will store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images will make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address will enable the easy return of a lost card to USCIS.

For more information or a free consultation on how to obtain a green card for your foreign spouse or fiance(e), contact us at 626-771-1078 or visit us at www.myfianceevisa.com.

Features of the green card

The USCIS began issuing new green cards on May 11, 2010. The new green card is designed to combat fraud and counterfeiting. Below are some of the new features embedded in this card.

Redesign results from extensive collaboration with the Department of Homeland Security (DHS) Screening Coordination Office, the Immigration and Customs Enforcement (ICE) Forensic Document Laboratory, and U.S. Customs and Border Protection (CBP).

Special ink creates color shifts in visual designs (e.g., eagle’s head).

Fine-lined artwork and complex architecture incorporate patterns that are nearly impossible to reproduce.

Card materials resist tampering.  Attempted tampering becomes immediately visible to the naked eye.

Standard card design and personalized features are integrated to deter fraud attempts, e.g., alteration of the photograph.

Greater detail in photograph makes for easier identification of the bearer.

Ultra-violet technology and tactile clues allow accurate card authentication at border crossings.

Radio Frequency Identification (RFID) allows inspectors to read unique, 192-bit serial number (192-bits) from a distance and link the information to the personal data on file.

Personalized return address on back of card doubles as security feature and as customer-service enhancement to facilitate easy return of lost cards to USCIS.

In keeping with its nickname, redesigned Permanent Resident Card is now green.

If you or your loved one needs assistance obtaining a green card, contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

The electronic DS-160 form

The new DS-160, Nonimmigrant Visa Electronic Application, is a fully integrated online application form that will be used to collect the necessary application information from persons seeking a nonimmigrant visa.

The DS-160 will be submitted electronically to the Department of State via the Internet. Consular Officers will use the information entered on the DS-160 to process the visa application and, combined with a personal interview, will determine an applicant’s eligibility for a nonimmigrant visa. The form will also allow electronic upload of the passport-style photos that are required for the production of the visa stamp.

The DS-160 has exciting potential to streamline the nonimmigrant visa application process resulting in faster processing times. The DS-160 eliminates several old forms which will simplify the process and make it easier for foreign applicants to understand.

Alas, at present, the DS-160 form is not available for the K-1 and K-2 fiance and child dependent applicants. Therefore, K-1 and K-2 applicants will still need to obtain a list of required documents from the US embassy or consulate general.

If you have a spouse or foreign fiancee seeking to enter the US, contact my law firm at 626-771-1078 or visit us at www.myfianceevisa.com  

Applying for a US passport

K-1 regulations generally require that U.S. citizen and foreign fiance(e) have met once within the two years leading up to the filing of the K-1 petition. While this requirement can be satisfied by the foreign fiance(e)s coming to the U.S. to visit the U.S. citizen, it is often easier for the U.S. citizen to travel out of the U.S., particularly if the foreign fiance(e) lives in a country where U.S. consular officers are loathe to grant temporary travel visas.

For a U.S. citizen without a U.S. passport, an application must be made in person under the following circumstances:

• You are applying for your first U.S. passport or
• You are under age 16 or
• Your previous U.S. passport was issued when you were under age 16 or
• Your previous U.S. passport was lost, stolen, or damaged or
• Your previous U.S. passport was issued more than 15 years ago or
• Your name has changed since your U.S. passport was issued and you are unable to legally document your name change

At the personal appearance, the applicant must also provide the following:

1. Completed form DS-11: Application for a U.S. passport
2. Proof of U.S. citizenship
3. Present ID which can be in the form of a naturalization certificate, driver’s license, or current government ID.
4. Include a copy of the ID presented in point #3.
5. Pay the current passport fee which can be found here: http://travel.state.gov/passport/fees/fees_837.html
6. Provide two passport-style photos. These can be taken at any one-hour photo or Costco.

If you need assistance applying for a U.S. passport or would like help bringing your foreign fiance(e) or spouse to the U.S., please call our law firm at 626-771-1078 or visit us at www.myfianceevisa.com

When is a K-3 visa available?

A K-3 visa may be issued only when an immigrant visa is not immediately available to the alien spouse.
If the I-130 petition remains at or is in transit from NVC, the applicant may continue to process the K-3 rather than switch to immigrant visa processing.

If the I-130 petition is at post, or the applicant has already been interviewed and denied an immigrant visa by a consular officer, perhaps due to a lack of some documents, the applicant must proceed with immigrant visa processing and may not choose to apply instead for the K3.

If you are interested in bringing your foreign spouse to the USA, contact our law office to speak with an attorney. Our phone number is 626-771-1078.

How the Dept. of State processes K-3 petitions

Effective February 1^st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

• The nonimmigrant K visa will be administratively closed.
• The application process explained below will not be applicable and cannot be used.
• The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.

If you would like to speak with immigration attorney about bringing you foreign spouse to the U.S., contact our law office at 626-771-1078 or visit our website at http://www.myfianceevisa.com/ for more information.

K-4 child eligibility requirements

To qualify for K-4 issuance, an applicant must be the minor, unmarried child under 21 years of age of a qualified K-3 visa applicant. The U.S. citizen who files an I-129F petition for an alien spouse does not have to file a separate I-129F petition for a child of his/her spouse. These children should be listed on the I-129F petition for the spouse.

While the U.S. citizen must also file an I-130 petition for the spouse, there is no requirement to file a Form I-130 immigrant visa petition on behalf of the spouse’s children seeking K-4 nonimmigrant status, since K-4 is a derivative nonimmigrant classification.

The K-4 child will not be able to file for adjustment of status in the U.S. until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number.

Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

 If you have a foreign spouse who has a child dependent, and you wish to bring both to the U.S., contact our law office at 626-771-1078 to speak with an immigration attorney. Or visit us at www.myfianceevisa.com

K-1 interview requirements

The following are documentary requirements for a K-1 or K-3 visa:

(1) The applicant must undergo the standard immigrant visa (IV)medical examination by a panel physician;

(2) A national crime information center (NCIC) name check must be done by the national visa center (NVC) for each applicant;

(3) The applicant must present police certificates, if required; and

(4) The applicant must present proof of relationship to the petitioner at the time of the interview.

b. K-1 and K-3 applicants are subject to INA 212(a)(4) and must demonstrate to the consular officer’s satisfaction that they will not become a public charge. The Form I-864, Affidavit of Support Under Section 213 A of the Act, cannot be required.

Applicants may submit a letter from the petitioner’s employer or evidence that they will be self-supporting.The Form I-134, Affidavit of Support, may be required when the consular officer deems it useful.

If you are interested in bringing your foreign fiance(e) or spouse over to the U.S., but are concerned about the interview requirements, contact our law office at 626-771-1078

How the USCIS uses K-1 filing fees

K-1 petitioners and their beloved beneficiaries face a number of hurdles to bring the foreign fiance(e) to the U.S. A significant one is financial given the expense incurred of travelling to a foreign country to meet one another. Add in phone bills, English classes, obtaining documents and translations, and the amount can be substantial.Having to pay the USCIS filing fee of $455 along with the Department of State visa fee of about $100 just adds to the hardship. While the $455 paid to the USCIS goes to the effort required to adjudicate the I-129f at the Vermont or California Service Center, what do the visa fees paid to the U.S. Consulate apply to?
 
A recent study authorized by the Dept. of State identified one hundred and three activities required to process an application for a K1-category fiance(e) nonimmigrant visa. 103! Most K-1 couples think that the K-1 petition submission to the USCIS is the crucial stage of the K-1 process where the USCIS determines the couple’s eligibility for the visa. Who knew that the receipt and preparation for the K-1 interview overseas could be so complicated?

A closer look identifies the key activities and events that take place to process a K-1 visa stamp. They include but are not limited to the following:

–Pre-processing of the case at the National Visa Center, where the petition is received from the Department of Homeland Security, packaged and assigned to the appropriate embassy or consulate; and
–Intake and review of materials required for a K visa that are not required for other nonimmigrant visas, such as the I-134 affidavit of support and the DS-2054 medical examination report;
–Conducting an interview of the K visa applicant;
–Collecting biometrics from the K visa applicant;
–Actual adjudication of the application;
–Requesting legal opinions from headquarters as necessary;
–Investigating possible fraud in those applications; and
–Producing the physical visa, affixing it to the applicant’s passport, and returning that product to the applicant.

As the number of fraudulent K-1 fiance(e) petitions increase, the amount of time and energy required by consular officders to review and process these will undoubtedly increase. While K-1 visa fees have held steady since January 1, 2008, the Dept. of State proposed increasing visa fees. In our next newsletter, we’ll discuss the new fees and when they will take place.If you are interested in applying for a K-1 fiance(e) or K-3 spousal visa, contact our law office to see how our firm can prepare the best petition to maxmimize your chances for success.  Visit us at www.myfianceevisa.com