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/