Integrity Legal

Archive for February, 2012

21st February 2012

In order to provide pertinent information to those researching issues associated with American immigration from Asia the administration of this web log routinely posts the holiday closing schedules of various US posts in Southeast Asia. To quote directly from the official website of the United States Embassy in Vietnam:

Holiday Date Day Type
New Year’s Day (observed) January 2 Monday A&V
Martin Luther King’s Birthday January 16 Monday A
Lunar New Year Festival January 23-27 Mon-Fri V
President’s Day February 20 Monday A
National Anniversary of Hung Kings April 2 Monday V
Victory Day April 30 Monday V
International Labor Day May 1 Tuesday V
Memorial Day May 28 Monday A
Independence Day July 4 Wednesday A
Vietnamese National Day (observed) September 3 Monday V
Labor Day September 3 Monday A
Columbus Day October 8 Monday A
Veterans Day (observed) November 12 Monday A
Thanksgiving Day November 22 Thursday A
Christmas Day December 25 Tuesday

Those wishing to visit the official website of the US Embassy in Vietnam are encouraged to click HERE.

Those seeking services which can only be provided by an American Mission abroad, such as: Consular Reports of Birth Abroad, American notarial services, passport renewals, or passport issuance are encouraged to ascertain whether it is necessary to schedule an appointment online prior to traveling to the post as this  can greatly streamline processing of requests.

On a related note, it recently came to this blogger’s attention that the US Embassy in Vietnam will apparently no longer process adoption cases. In order to provide further insight into these developments it is necessary to quote directly from a posting on the official website of the United States Citizenship and Immigration Service (USCIS) dated February 2, 2012:

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced it cannot approve a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, filed on behalf of a child to be adopted from Vietnam. The Department of State (DOS) has determined that Vietnam has not proven capable of meeting its obligations under The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). As a result, DOS consular officers cannot issue the required Hague Adoption Certificate or Hague Custody Declaration…Until further notice, USCIS will not be able to approve any Form I-800 that is filed on behalf of a child to be adopted from Vietnam. Because U.S. prospective adoptive parents cannot complete the immigration process for an adopted child from Vietnam, USCIS strongly urges parents to not file any Form I-800 on behalf of a child to be adopted from Vietnam…

Readers are encouraged to click upon the hyperlinks noted above to read this posting in detail. Foreign adoption can be a complex and, at times, convoluted process hopefully this announcement will spare prospective adoptive parents from any undue frustration.

In cases in which an American fiance or spouse is seeking a K-1 visa (fiance visa), K-3 visa (non-immigrant spouse visa), or either an IR-1 visa or CR-1 visa (immigrant spouse visa) there may be a misconception that adoption is necessary to bring the child of the foreign fiancee or spouse to the USA. Under such circumstances this may not be the case if the foreign spouse is the sole parent, sole custodial parent, or the other parent consents to the child’s immigration to the USA since a derivative visa category may be available to the child in the form of visas such as the K-2 visa, the K-4 visa, or the IR-2/CR-2 visa. In any case, United States immigration can be a complicated endeavor and the process may vary depending upon the circumstances of the family in question.

more Comments: 04

20th February 2012

In previous postings on this web log the issue of a single travel document for use throughout the Association of Southeast Asian Nations (ASEAN) has been discussed. ASEAN includes many of the nations which comprise Southeast Asia including: Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam. At the present time, it is not possible to obtain a visa or travel document which would allow entry into all of these nations as travelers must obtain a visa for each individual country before traveling thereto (in some cases, visas on arrival or visa exemptions may be obtained depending upon the local immigration rules and the passport holder’s nationality). Many travelers find that this situation can make traveling in Southeast Asia rather difficult as obtaining multiple visas from multiple Embassies and/or Consulates can be a time consuming endeavor. In an effort to remedy this situation, many of the ASEAN nations have voiced support for a single ASEAN visa scheme. However, efforts to implement a single ASEAN visa program have yet to bear fruit. Recently, it came to this blogger’s attention that the Vice-President of Indonesia has made comments in support of further efforts to facilitate a single ASEAN visa program. In order to provide further insight into these developments it is necessary to quote directly from a January 13th article posted on the website Philstar.com:

JAKARTA (Xinhua) – Indonesian Vice President Boediono asks the ASEAN to speed up implementation of a joint visa for the region in order to boost the number of foreign tourist arrivals and services in the industry in the region amid the global economic crisis threat, a statement from the vice presidential office said here on Friday…”The goal that we want to reach is not only the increasing number of tourist but also the improved quality of services and the sustainability of the visits,” Boediono said…ASEAN leaders had given commitment for the implementation of the facility during the 11th ASEAN Summit in Bali in Nov. 2011.

Readers are asked to click upon the hyperlink noted above to read this article in full.

There is little doubt that a single ASEAN visa scheme would provide benefits to ASEAN members in the form of increased tourism especially for destinations that are sometimes overlooked by travelers put off by the prospect of processing more than one visa application. One could also speculate that a single ASEAN visa would be beneficial to business travelers wishing to visit more than one ASEAN jurisdiction.

Currently, it does not appear as though a single ASEAN visa scheme will be implemented in the near future, but there is room to hope that progress will be made as it appears there are many officials in the region who support the notion of a single ASEAN visa, at least conceptually. Meanwhile, issues associated with visa procurement in Southeast Asia are evolving. To shed further light upon recent developments it is necessary to quote directly from the website Eturbonews.com:

For now, non-ASEAN travelers have to play with different rules for almost each country…Myanmar just announced at the end of last month to implement e-visa facilities and relax entry into the country.

In an interview conducted by the Myanmar Times newspaper, Union Minister U Tint San declared on February 1 that the government will try to introduce an e-visa system from March that would allow international visitors to apply from anywhere via the Internet before visiting Myanmar. In parallel, the e-visa would allow travelers to enter or exit from any border crossing point. The web address for the proposed e-visa site is www.myanmarevisa.gov.mm . At ATF, Phyoe Wai Yarzar, Secretary of the newly-formed Myanmar Tourist Board, explained that e-visa facilities would, in fact, be the most efficient way for the government to balance the absence of diplomatic representations.

They are also rumors that Vietnam would work on a e-visa solution. There is already the possibility of getting a pre- E-visa clearance in certain cases. But the procedure remains expensive and on a case-by-case basis. Officials from the Vietnam National Administration of Tourism admitted during the ATF that lengthy visa formalities are certainly a major handicap to the development of tourism. Nothing official has been announced so far, but it seems that the government seems to realize that it has to change the way visa is provided if Vietnam does not want to lose out tourists to other destinations.

The administration of this web log encourages readers to visit the hyperlink noted above to read this article in detail.

In the past, the process for obtaining a visa to enter Myanmar (Burma) could be quite cumbersome. It has been this blogger’s relatively recent experience that obtaining a Myanmar visa is somewhat time consuming, but not particularly difficult compared to visa procurement for other nations in the region. Hopefully, the developments mentioned above will lead to further streamlining of visa processing for those wishing to enter countries such as Vietnam and Myanmar (Burma).

Although it remains to be seen when a single ASEAN visa scheme will be fully implemented ASEAN members appear committed to such an endeavor which will likely provide benefits for all concerned.

For related information please see: Thailand visa

more Comments: 04

19th February 2012

In order to provide pertinent information to American travelers abroad the administration of this web log routinely posts the holiday closing schedules of various Embassies and Consulates in Asia. The following is quoted directly from the official website of the US Embassy in Burma (Myanmar):

Date Day U.S.* Burmese**
January 2 Monday New Year’s Day
January 4 Wednesday Independence Day
January 16 Monday Martin Luther King’s Birthday
February 20 Monday President’s Day
March 27 Tuesday Armed Forces Day
April 12 Thursday THINGYAN (Water Festival)
April 13 Friday THINGYAN (Water Festival)
April 16 Monday THINGYAN (Water Festival)
April 17 Tuesday Burmese New Year
May 1 Tuesday Workers’ Day
May 28 Monday Memorial Day
July 4 Wednesday Independence Day
July 19 Thursday Martyrs’ Day
August 2 Thursday Full Moon of Waso
September 3 Monday Labor Day
October 8 Monday Columbus Day
October 30 Tuesday Full moon of Thadinkyut
November 12 Monday Veteran’s Day
November 22 Thursday Thanksgiving Day
December 25 Tuesday Christmas Day Christmas Day

For further information please click HERE.

Americans seeking services which can only be provided by an American Post abroad, such as: notarial services, Consular Reports of Birth Abroad, passport renewal, etc. are generally required to make an appointment online with the Embassy or Consulate prior to arrival in order to ensure that a request can be processed.

After the processing and approval of a visa petition at the United States Citizenship and Immigration Service (USCIS) an approved petition for a travel document such as a K-1 visa, CR-1 visa, K-3 visa, or IR-1 visa is generally sent to the National Visa Center for further processing and forwarding to a US Embassy or US Consulate with appropriate jurisdiction. Upon arrival at a US Mission abroad a candidate for a US visa must undergo the Consular Processing phase of the immigration process which usually includes an interview. In some cases, the visa application is quickly approved if the Consular officer feels the case is worthy. In other cases, the officer may feel that further documentation is necessary to approve the application. Under such circumstances, a 221g request for further documentation is issued and the visa candidate is given a specified period of time to remedy the deficiency before expiration of the application. Immigrant visa applications are generally processed by an immigrant visa unit at a US Post abroad. Meanwhile, non-immigrant visa applications are usually processed by a non-immigrant visa unit abroad. For purposes of Consular Processing a K-1 visa is usually treated in much the same way as an immigrant visa.

more Comments: 04

18th February 2012

In an effort to provide relevant information to those seeking insight into the American immigration process, the administration of this web log routinely posts the USCIS processing times for various types of immigration petitions. The following processing times are quoted directly from the official website of the United States Citizenship and Immigration Service (USCIS) as posted on January 25, 2012:

Field Office Processing Dates for California Service Center as of: November 30, 2011
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 2.5 Months
I-129 Petition for A Nonimmigrant Worker Blanket L 2 Months
I-129 Petition for A Nonimmigrant Worker E – Treaty traders and investors 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Visa to be issued abroad 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-2A – Temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-2B – Other temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-3 – Temporary trainees 2 Months
I-129 Petition for A Nonimmigrant Worker L – Intracompany transfers 1 Months
I-129 Petition for A Nonimmigrant Worker O – Extraordinary ability 2 Weeks
I-129 Petition for A Nonimmigrant Worker P – Athletes, artists, and entertainers 2 Weeks
I-129 Petition for A Nonimmigrant Worker Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process 2 Months
I-129 Petition for A Nonimmigrant Worker R – Religious occupation 5 Months
I-129 Petition for A Nonimmigrant Worker TN – North American Free Trade Agreement (NAFTA) professional 2 Months
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child 5 Months
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 June 1, 2011
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 December 11, 2009
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 May 7, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 June 10, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister February 11, 2010
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers 5 Months
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications 4 Months
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States 8 Months
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications 2.5 Months
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution 4 Months
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents 6 Months
I-765 Application for Employment Authorization Based on an approved asylum application [(a)(5)] 3 Months
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] 3 Weeks
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] 3 Months
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] 3 Months
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program April 1, 2011
I-821 Application for Temporary Protected Status El Salvador extension July 16, 2011
I-821 Application for Temporary Protected Status El Salvador initial or late filing July 16, 2011
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension July 16, 2011
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing July 16, 2011
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition 3 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) 6 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 September 12, 1997
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement August 1, 2009
I-90 Application to Replace Permanent Resident Card 10-year renewal 3.5 Months

 

Field Office Processing Dates for Nebraska Service Center as of: November 30, 2011
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 2.5 Months
I-131 Application for Travel Document Refugee or asylee applying for a refugee travel document 3 Months
I-131 Application for Travel Document Permanent resident applying for a re-entry permit 3 Months
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole 3 Months
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole 3 Months
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-140 Immigrant Petition for Alien Worker Extraordinary ability 4 Months
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher 4 Months
I-140 Immigrant Petition for Alien Worker Multinational executive or manager 4 Months
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability 4 Months
I-140 Immigrant Petition for Alien Worker Skilled worker or professional 4 Months
I-140 Immigrant Petition for Alien Worker Unskilled worker 4 Months
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver 4 Months
I-140 Immigrant Petition for Alien Worker Schedule A Nurses 4 Months
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal August 1, 2008
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Violence Against Women Act (VAWA) August 1, 2008
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers 5 Months
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on refugee admission more than 1 year ago 4 Months
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States March 6, 2011
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories January 31, 2011
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents January 31, 2011
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category January 31, 2011
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications January 31, 2011
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students January 31, 2011
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents January 31, 2011
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors January 31, 2011
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications January 31, 2011
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution January 21, 2011
I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee 5 Months
I-765 Application for Employment Authorization Based on an approved asylum application [(a)(5)] 3 Months
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] October 31, 2011
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] August 3, 2011
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] August 3, 2011
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-821 Application for Temporary Protected Status El Salvador extension 3 Months
I-821 Application for Temporary Protected Status El Salvador initial or late filing 3 Months
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension 3 Months
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing 3 Months
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition July 15, 2011
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) May 5, 2011
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 May 5, 2011
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement August 16, 2011
I-90 Application to Replace Permanent Resident Card 10-year renewal August 16, 2011
I-90A Application to Replace Permanent Resident Card Initial issuance or replacement for Special Agricultral Workers (SAW) July 19, 2011
N-565 Application for Replacement Naturalization/Citizenship Document U.S. citizen applying for a replacement of naturalization or citizenship certificate 6 Months
N-600 Application for Certification of Citizenship Application for recognition of U.S. citizenship June 4, 2011
N-643 Application for Certification of Citizenship on Behalf of an Adopted Child Application for recognition of U.S. citizenship on behalf of an adopted child June 4, 2011

 

Field Office Processing Dates for Texas Service Center as of: November 30, 2011
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 August 8, 2011
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child May 17, 2010
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child May 17, 2010
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 June 4, 2011
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 June 4, 2011
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 June 4, 2011
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 June 4, 2011
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 June 4, 2011
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister June 4, 2011
I-131 Application for Travel Document Refugee or asylee applying for a refugee travel document August 3, 2011
I-131 Application for Travel Document Permanent resident applying for a re-entry permit August 3, 2011
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole August 3, 2011
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole August 3, 2011
I-131 Application for Travel Document All other applicants for advance parole August 3, 2011
I-140 Immigrant Petition for Alien Worker Extraordinary ability July 4, 2011
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher July 4, 2011
I-140 Immigrant Petition for Alien Worker Multinational executive or manager July 4, 2011
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability July 4, 2011
I-140 Immigrant Petition for Alien Worker Skilled worker or professional July 4, 2011
I-140 Immigrant Petition for Alien Worker Unskilled worker July 4, 2011
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver July 4, 2011
I-140 Immigrant Petition for Alien Worker Schedule A Nurses July 4, 2011
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal April 2, 2010
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Violence Against Women Act (VAWA) April 2, 2010
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications March 24, 2011
I-485 Application to Register Permanent Residence or to Adjust Status Under the Haitian Refugee Immigrant Fairness Act (HRIFA) July 4, 2011
I-485 Application to Register Permanent Residence or to Adjust Status Under the Indochinese Adjustment Act July 4, 2011
I-485 Application to Register Permanent Residence or to Adjust Status Under the Nicaraguan and Central American Relief Act (NACARA) July 4, 2011
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago July 16, 2011
I-485 Application to Register Permanent Residence or to Adjust Status Based on refugee admission more than 1 year ago July 4, 2011
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution April 22, 2011
I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee 5 Months
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents May 30, 2008
I-765 Application for Employment Authorization Based on an approved asylum application [(a)(5)] August 3, 2011
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] August 3, 2011
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] October 11, 2011
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] August 3, 2011
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] August 3, 2011
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] August 3, 2011
I-765 Application for Employment Authorization All other applications for employment authorization August 3, 2011
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program 6 Months
I-821 Application for Temporary Protected Status El Salvador extension August 3, 2011
I-821 Application for Temporary Protected Status El Salvador initial or late filing August 3, 2011
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension August 3, 2011
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing August 3, 2011
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition May 3, 2011
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement August 1, 2010
N-565 Application for Replacement Naturalization/Citizenship Document U.S. citizen applying for a replacement of naturalization or citizenship certificate 6 Months
N-600 Application for Certification of Citizenship Application for recognition of U.S. citizenship June 4, 2011

 

Field Office Processing Dates for Vermont Service Center as of: November 30, 2011
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 July 31, 2011
I-129 Petition for A Nonimmigrant Worker Blanket L 2 Months
I-129 Petition for A Nonimmigrant Worker E – Treaty traders and investors September 2, 2011
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Visa to be issued abroad August 21, 2011
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. August 21, 2011
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. August 14, 2011
I-129 Petition for A Nonimmigrant Worker H-1C – Nurses September 2, 2011
I-129 Petition for A Nonimmigrant Worker H-2A – Temporary workers October 2, 2011
I-129 Petition for A Nonimmigrant Worker H-2B – Other temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-3 – Temporary trainees 2 Months
I-129 Petition for A Nonimmigrant Worker L – Intracompany transfers 1 Months
I-129 Petition for A Nonimmigrant Worker O – Extraordinary ability October 31, 2011
I-129 Petition for A Nonimmigrant Worker P – Athletes, artists, and entertainers October 31, 2011
I-129 Petition for A Nonimmigrant Worker Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process 2 Months
I-129 Petition for A Nonimmigrant Worker R – Religious occupation 5 Months
I-129 Petition for A Nonimmigrant Worker TN – North American Free Trade Agreement (NAFTA) professional 2 Months
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child March 31, 2011
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 January 9, 2011
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 5 Months
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister October 2, 2010
I-131 Application for Travel Document Refugee or asylee applying for a refugee travel document April 10, 2011
I-131 Application for Travel Document Permanent resident applying for a re-entry permit April 10, 2011
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole August 3, 2011
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole August 3, 2011
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-140 Immigrant Petition for Alien Worker Extraordinary ability October 2, 2007
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher October 2, 2007
I-140 Immigrant Petition for Alien Worker Multinational executive or manager October 2, 2007
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability October 2, 2007
I-140 Immigrant Petition for Alien Worker Skilled worker or professional October 2, 2007
I-140 Immigrant Petition for Alien Worker Unskilled worker October 2, 2007
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver October 2, 2007
I-140 Immigrant Petition for Alien Worker Schedule A Nurses October 2, 2007
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal April 25, 2011
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants June 5, 2011
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Violence Against Women Act (VAWA) April 25, 2011
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers June 5, 2011
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications July 17, 2011
I-485 Application to Register Permanent Residence or to Adjust Status Under the Haitian Refugee Immigrant Fairness Act (HRIFA) July 4, 2011
I-485 Application to Register Permanent Residence or to Adjust Status Under the Indochinese Adjustment Act July 4, 2011
I-485 Application to Register Permanent Residence or to Adjust Status Under the Nicaraguan and Central American Relief Act (NACARA) July 4, 2011
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago July 4, 2011
I-485 Application to Register Permanent Residence or to Adjust Status Based on refugee admission more than 1 year ago July 4, 2011
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States March 6, 2011
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories August 28, 2011
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents August 28, 2011
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category August 28, 2011
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications August 28, 2011
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students August 28, 2011
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents August 28, 2011
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors August 28, 2011
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications August 28, 2011
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution 4 Months
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents May 2, 2011
I-765 Application for Employment Authorization Based on an approved asylum application [(a)(5)] August 3, 2011
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] October 9, 2011
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] 3 Months
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] January 6, 2011
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program 6 Months
I-821 Application for Temporary Protected Status El Salvador extension October 31, 2010
I-821 Application for Temporary Protected Status El Salvador initial or late filing October 31, 2010
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension October 31, 2010
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing October 31, 2010
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition 3 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) May 5, 2011
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 May 5, 2011
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement May 29, 2011
I-90 Application to Replace Permanent Resident Card 10-year renewal August 2, 2007
I-90A Application to Replace Permanent Resident Card Initial issuance or replacement for Special Agricultral Workers (SAW) May 29, 2011
I-914 Application for T Non-immigrant Status Provide temporary immigration benefits to an alien who is a victim of trafficking in persons, and immediate family June 6, 2011
I-918 Petition for U Non-immigrant Status Provide temporary immigration benefits to an alien who is a victim of qualifying criminal activity, and their qualifying family April 25, 2011
N-565 Application for Replacement Naturalization/Citizenship Document U.S. citizen applying for a replacement of naturalization or citizenship certificate 6 Months
N-600 Application for Certification of Citizenship Application for recognition of U.S. citizenship 5 Months
N-643 Application for Certification of Citizenship on Behalf of an Adopted Child Application for recognition of U.S. citizenship on behalf of an adopted child June 4, 2011

Those seeking further information are strongly encouraged to visit the official website of USCIS by either clicking HERE or clicking upon the hyperlink noted above.

Readers should note that these processing time estimates merely tabulate an estimated processing time for a USCIS petition and therefore may not accurately reflect the time it takes for an individual visa petition and application to fully process. In many cases, further time may be required for the approved petition to process through the National Visa Center (NVC). Furthermore, more time may elapse as a resulting from the need for Consular Processing at a US Embassy or US Consulate abroad.

For information related to legal matters arising in Southeast Asia please see: Legal.

more Comments: 04

2nd February 2012

In order to provide relevant information for those seeking Consular Services in Southeast Asia the administration of this web log routinely posts the holiday closing schedules of the various US Missions in Asia. The following is quoted directly from the official website of the US Embassy in Cambodia:

Month Day Holiday Khmer/U.S.
January 2 Mon International New Year’s Day U.S.
Jan 16 Mon Birthday of Martin Luther King, Jr. U.S.
Feb 20 Mon George Washington’s Birthday U.S.
Mar 8 Tue International Women’s Day Khmer
Apr 13 Fri Khmer New Year’s Day Khmer
Apr 16 Mon Khmer New Year’s Day Khmer
May 14 Fri King Sihamoni’s Birthday Khmer
May 28 Mon Memorial Day U.S.
Jun 18 Mon King Mother’s Birthday Khmer
Jul 4 Wed Independence Day U.S.
Sep 3 Mon Labor Day U.S.
Oct 8 Mon Columbus Day U.S.
Oct 15 Mon Pchum Ben Day Khmer
Oct 16 Tue Pchum Ben Day Khmer
Oct 31 Mon King Father’s Birthday Khmer
Nov 9 Wed Independence Day Khmer
Nov 12 Mon Veterans Day U.S.
Nov 22 Thu Thanksgiving Day U.S.
Nov 29 Thu Water Festival Khmer
Dec 25 Mon Christmas U.S.

For further information from the aforementioned website please click HERE.

Those seeking services such as notarization, Consular Reports of Birth Abroad, or US passport renewals are well advised to seek such services from the US Consular section of the US Embassy in Phnom Penh, Cambodia. In many cases it will likely be necessary to make an online appointment prior to arrival at the Post in order to ensure processing of a specific request for services.

In order to obtain a US visa for a foreign fiancee the American fiance is generally required to submit a petition to the United States Citizenship and Immigration Service (USCIS) prior to the case file being processed through the National Visa Center (NVC), assuming approval; and finally on to the US Embassy or US Consulate with appropriate jurisdiction. Those seeking an immigrant visa for a foreign spouse are also likely to be required to receive an approved USCIS petition prior to processing at the National Visa Center before eventual interview and processing at a US Embassy or US Consulate abroad.

In general, it has been this blogger’s experience that the non-immigrant visa categories for foreign loved ones, such as the K-1 visa or the K-3 visa are processed by the non-immigrant visa unit at the American post with appropriate Consular jurisdiction. Meanwhile, immigrant visa categories such as the CR-1 visa or the IR-1 visa are processed by an immigrant visa unit. That stated, some protocols may vary depending upon the unique circumstances of a particular Post.

For information related to legal services in Southeast Asia please see: Legal.

more Comments: 04

1st February 2012

In order to provide relevant information to the public-at-large regarding immigration issues in Southeast Asia, the administration of this blog often posts the holiday closing schedules of various American posts in Asia in an attempt to assist those seeking such information. The following is quoted directly from the official website of the US Embassy in Bangkok, Thailand:

Month Date Day Occasion
January 2 Monday Substitute for New Year’s Day
January 3 Tuesday Special Holiday
January 16 Monday Martin Luther King, Jr.’s Birthday
February 20 Monday Presidents’ Day
April 6 Friday King Rama I Memorial and Chakri Day
April 13 Friday Songkran Day
April 16 Monday Substitute for Songkran Day
May 7 Monday Substitute for Coronation Day
May 28 Monday Memorial Day
June 4 Monday Visakha Bucha Day
July 4 Wednesday Independence Day
August 13 Monday Substitute for Her Majesty The Queen’s Birthday
September 3 Monday Labor Day
October 8 Monday Columbus Day
October 23 Tuesday Chulalongkorn Day
November 12 Monday Substitute for Veterans Day
November 22 Thursday Thanksgiving Day
December 5 Wednesday His Majesty the King’s Birthday
December 10 Monday Constitution Day
December 25 Tuesday Christmas Day
December 31 Monday New Year’s Eve

For further information please click HERE.

It has been this blogger’s experience that the personnel at the American post in Bangkok can provide a great deal of assistance with services such as notarization, Consular Reports of Birth Abroad, passport renewal, and documentation pertaining to the registration of a marriage in Thailand. It is generally advisable that those seeking such services make an appointment with the Consular Services section prior to arrival at the post. In many cases, this can be accomplished online.

Those wishing to obtain an American visa for a loved one in Thailand are generally required to petition the United States Citizenship and Immigration Service (USCIS) and gain approval of said petition before the case file will be reviewed by a visa section at a US Embassy or US Consulate abroad. Concurrently, the visa applicant is generally required to undergo an interview at the Post with appropriate Consular jurisdiction prior to possible approval of a visa application.

Those seeking a K-1 visa for a Thai fiancee will generally see the visa application processed through the non-immigrant visa unit while those seeking an immigrant visa for a Thai spouse (such as the CR-1 visa or the IR-1 visa) will generally see their visa application consular processed through the immigrant visa unit. In many cases, an approved USCIS petition will be processed through the National Visa Center prior to processing at the appropriate post overseas.

For information regarding legal services in Southeast Asia please see: Legal.

more Comments: 04

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