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.