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/