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.