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Archive for the ‘K1 Visa Thailand’ Category
14th February 2011
It recently came to this blogger’s attention that the Department of Homeland Security‘s United States Citizenship and Immigration Service (USCIS) has implemented a program to issue advance parole authorization on the same document as that of employment authorization. To quote directly from the official website of the United States Citizenship and Immigration Service (USCIS):
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents.
The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, “Serves as I-512 Advance Parole.” A card with this text will serve as both an employment authorization and Advance Parole document. The new card is also more secure and more durable than the current paper Advance Parole document.
For those who are unfamiliar with the K-1 visa process, the adjustment of status occurs after a foreign fiancee arrives in America, marries the American petitioner, and files to have their status regularized to that of Lawful Permanent Resident. The card that is given to the foreign spouse is often colloquially referred to as a “Green Card”. Prior to adjustment of status, if a foreign fiancee leaves the USA, then they will need to obtain an advance parole travel document in order to keep their visa status alive and thereby permit reentry to the USA. Failure to obtain advance parole could result in a foreign fiancee losing his or her visa upon departure from the USA and thereby compelling them to go through the whole process anew.
An employment authorization document permits foreign fiancees in the United States on a K-1 visa to work prior to being approved for Green Card status. In many instances, couples opt not to apply for employment authorization and simply await the foreign fiance’s adjustment to Lawful Permanent Residence.
Once a foreign fiance is adjusted to lawful permanent residence, he or she may still be required to eventually apply for a lift of conditions. Those in the USA as a lawful permanent resident based upon marriage are placed in conditional status for the first two years of their presence in the USA if the couple was married less than 2 years at the time they acquired lawful permanent residence.
The above analysis could be utilized for K3 visa purposes as well. However, as the K-3 visa is currently being issued in very rare instances due to administrative closure policies at the National Visa Center, this blogger only mentions this issue as an aside.
For related information please see: K-1 Visa Thailand.
28th January 2011
Those who have read this web log with any frequency in the past may have noticed that the administration routinely posts information regarding attorney licensure and the practice of United States Immigration law. Recently, this blogger discovered some interesting information on this subject while researching the issue on the official website of the United States Citizenship and Immigration Service (USCIS). To quote some of that information directly:
| If | Then |
| You are filing within the United States | Attorneys and accredited representatives may communicate with USCIS on your behalf and receive information from USCIS regarding your application or petition. |
| You are filing an application or petition at an office outside the United States | Attorneys and accredited representatives may communicate with USCIS on your behalf and receive information from USCIS regarding your application or petition… |
It should be reiterated that only a licensed American attorney has the unfettered privilege of practicing American immigration law before the Department of Homeland Security and the United States Citizenship and Immigration Service (USCIS). Although charitable organizations in the USA may be accredited to represent individuals before the USCIS and/or the US Immigration Courts, such representation is conducted on a not-for-profit basis. Licensed American attorneys are generally in a good position to provide advice and counsel regarding immigration matters due to education and experience. However, so-called “immigration consultants,” “visa agents,” and “visa companies” lack both the credentials and qualification to provide advice and representation of clients before USCIS, DHS, and/or the Department of State (DOS). To quote the USCIS website further:
Attorneys must be a member in good standing of the bar of a U.S. State (or U.S. possession, territory, Commonwealth, or the District of Columbia) and not be under any court order restricting their practice of law. Attorneys will check the first block on Form G-28 and must provide information regarding their admission to practice.
Only attorneys and accredited representatives may communicate on your behalf regarding your application with USCIS.
In choosing an attorney, you should:
- Ensure that the attorney is a member in good standing of the “bar” of a U.S. State (or possession, territory, Commonwealth or District of Columbia)
- Ensure that the attorney is not under any court order restricting their practice of law
- Review the current attorney licensing document for the attorney and contact the relevant State bar admission authorities to verify the information. See the “American Bar Association – State Bar Associations” link to the right for a list of state bar associations.
- Review the “List of Currently Disciplined Practitioners” in the link to the right. This is where the Executive Office for Immigration Review lists if an attorney has been expelled or suspended from practice before USCIS/DHS
- Review the “List of Previously Disciplined Practitioners” available from the “List of Currently Disciplined Practitioners” page on the EOIR website
A lawfully admitted attorney should honor your request for this information, as State Bar practice rules require disclosure of this information to clients. Before you pay attorney fees for help with your immigration case, make sure that the individual is a licensed attorney.
You should also review the lists of currently disciplined and previously disciplined practitioners on the Executive Office for Immigration Review website. These lists will help you to determine whether the attorney has been expelled or suspended from practice before USCIS/DHS. To review these lists, please see the links in the “External Links” section of this page.
Those wishing to retain professional assistance during the United States Immigration process are well advised to take note of the citation quoted above as this information is very useful for those seeking attorney assistance. That said, the forthcoming quote deals with the issue of fake lawyers, visa agents, notarios, and immigration consultants who have been known to imitate genuine American attorneys in an effort to further their own interests while simultaneously fleecing an unsuspecting public (both immigrants and American Citizens). To quote the USCIS website one further time:
Notarios, notary publics and immigration consultants may NOT represent you before USCIS.
Those wishing to bring their loved one from another country for family reunification in the USA should take note of the above quotation. In Thailand, for example, there are some fly-by-night operators claiming both expertise in immigration law as well as qualification, without actually possessing either. For this reason, it is always prudent to ask for the licensure information of those claiming the ability to represent individuals before USCIS, DHS, and DOS.
Licensed foreign lawyers may, under some circumstances, be able to provide some limited representation, but only upon authorization from USCIS, those interested should consult the USCIS website directly as this issue is not the intended topic of this posting.
For related information please see: K1 Visa Thailand.
21st January 2011
Those who read this web log with any frequency may have noticed that the administration routinely posts the estimated processing times of the United States Citizenship and Immigration Service (USCIS) as both a courtesy to our clients and the public-at-large. The following estimated processing times were quoted directly from the official website of the United States Citizenship and Immigration Service (USCIS):
| 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 | August 28, 2010 |
| 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 | 5 Months |
| 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 | February 8, 2007 |
| 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 1, 2010 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | September 1, 2006 |
| 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 | July 16, 2010 |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 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 | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | July 16, 2010 |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | July 16, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | July 16, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | July 16, 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) | 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 |
| 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-130 | Petition for Alien Relative | Permanent resident filling for a spouse 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 | March 31, 2005 |
| 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 | November 10, 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) | November 10, 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 | 5 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-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)] | 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 | 6 Months |
| 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 | 6 Months |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | 3.5 Months |
| I-90A | Application to Replace Permanent Resident Card | Initial issuance or replacement for Special Agricultral Workers (SAW) | 3.5 Months |
| 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 | 5 Months |
| 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 | September 3, 2010 |
| 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 | 5 Months |
| 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 | 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 | July 7, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | July 7, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | July 7, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | July 7, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | July 7, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | July 7, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | July 7, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | July 7, 2010 |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | May 2, 2009 |
| 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) | May 2, 2009 |
| 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 | June 26, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | July 24, 2010 |
| 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 | September 30, 2008 |
| 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-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)] | 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 | 6 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 | May 14, 2010 |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | December 31, 2009 |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | October 2, 2007 |
| 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 |
| 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. | July 17, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | 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 | 2 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 | 5 Months |
| 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 | June 26, 2010 |
| 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 | November 1, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | November 1, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | November 1, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | November 1, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | November 1, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | November 1, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | November 1, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | November 1, 2007 |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | 4 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 | Violence Against Women Act (VAWA) | 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 | July 24, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 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 | 5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | August 2, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | August 2, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | August 2, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | August 2, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | August 2, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | August 2, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | August 2, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | August 2, 2010 |
| 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-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 | 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)] | November 6, 2010 |
| 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 | 6 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 | 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 | 6 Months |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | April 1, 2009 |
| 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 16, 2010 |
Those pondering the prospect of petitioning for Immigration benefits should note that the above estimated processing times only account for USCIS processing and do not take into account possible processing at the United States National Visa Center (NVC) as well as Consular Processing times at a US Embassy, US Consulate, American Institute, or US Mission abroad.
For related information please see: US fiance visa.
17th December 2010
Routinely, the administration of this blog posts the estimated processing times of the United States Citizenship and Immigration Service (USCIS) Centers in an effort to provide clarity and information to those interested in the US Immigration process. It should be noted that for visa petitioners seeking a K-1 visa or an Immigrant visa such as a CR-1 visa, these estimated processing times do not take into account the need to process many visa applications through the National Visa Center (NVC) and possibly a US Embassy or US Consulate abroad. Below are the estimated processing times for the Texas Service Center, the Nebraska Service Center, the Vermont Service Center and the California Service Center as quoted from the official website of USCIS:
| 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 | August 28, 2010 |
| 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 | 5 Months |
| 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 | February 8, 2007 |
| 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 1, 2010 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | September 1, 2006 |
| 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 | 5 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 | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | June 16, 2010 |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | June 16, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | June 16, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | June 16, 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) | 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 |
blah
| 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 | August 23, 2006 |
| 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 | August 23, 2006 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | August 23, 2006 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | August 23, 2006 |
| I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | 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 | August 23, 2006 |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | August 23, 2006 |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | August 23, 2006 |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | August 23, 2006 |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | August 23, 2006 |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | August 23, 2006 |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | June 2, 2006 |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | June 2, 2006 |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| 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 | March 16, 2005 |
| 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 | November 11, 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) | November 11, 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 | 5 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-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)] | 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 | 6 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 | 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 | 6 Months |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | 3.5 Months |
| I-90A | Application to Replace Permanent Resident Card | Initial issuance or replacement for Special Agricultral Workers (SAW) | 3.5 Months |
| 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 | 5 Months |
blah
| 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 9, 2010 |
| 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 | 5 Months |
| 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 | 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 | April 17, 2009 |
| 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) | April 17, 2009 |
| 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 | June 5, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | May 18, 2010 |
| 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 | October 1, 2008 |
| 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-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)] | 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 | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | December 1, 2009 |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | December 1, 2009 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | December 1, 2009 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | December 1, 2009 |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | July 1, 2010 |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | December 31, 2009 |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | 3.5 Months |
| 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 |
blah
| 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. | June 26, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | 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 | 2 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 | 5 Months |
| 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 | 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 | November 2, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | November 2, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | November 2, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | November 2, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | November 2, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | November 2, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | November 2, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | November 2, 2007 |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | 4 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 | Violence Against Women Act (VAWA) | 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 | June 26, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 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 | 5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | June 26, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | June 26, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | June 26, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | June 26, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | June 26, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | June 26, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | June 26, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | June 26, 2010 |
| 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-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 | 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)] | July 10, 2010 |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | July 7, 2010 |
| 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 | July 7, 2010 |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | July 7, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | July 7, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | July 7, 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) | 6 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | April 2, 2009 |
| 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 | May 27, 2010 |
The above estimates are simply that: estimates. However, these time frames do represent a realistic assessment of the probable time it would take to process a visa petition at USCIS. Again, most visa cases require further processing by the Department of State so the above estimates do not reflect the full duration of the US visa process in most cases.
For related information please see: K-1 Visa Thailand or K-3 Visa Thailand.
11th December 2010
Man Loses United States Citizenship and Sentenced for Marriage Fraud
Posted by : admin
The issue of immigration fraud is a serious one. Authorities of the United States government within the Department of Homeland Security (DHS), the Department of State (DOS), the United States Citizenship and Immigration Service (USCIS), the United States Customs and Border Protection Service (USCBP), and the United States Immigration and Customs Enforcement Service (USICE) are all tasked with the responsibility of screening and investigating matters pertaining to visa and immigration fraud. It recently came to this blogger’s attention that the Immigration and Customs Enforcement Service, colloquially referred to as ICE, apprehended a Nigerian man in connection with US visa fraud. To quote directly from the ICE.gov website:
HOUSTON – A Nigerian man on Monday was stripped of his U.S. citizenship at his sentencing hearing for conspiracy to commit marriage fraud, marriage fraud, naturalization fraud, and making a false statement to a federal agency. The sentence was announced by U.S. Attorney José Angel Moreno, southern District of Texas. The investigation was conducted by the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI). Ibraheem Adeneye, 33, who is originally from Nigeria and became a naturalized U.S. citizen, was convicted of the charges May 7 by a jury. He has been in federal custody on these charges for about six months. U.S. District Judge Kenneth Hoyt sentenced Adeneye to the time he has already served in prison. The judge also granted the government’s motion to strip Adeneye of his U.S. citizenship. Adeneye is now subject to deportation.
Denaturalization is the process by which a person is stripped of United States Citizenship and returned to foreign national status. Regarding the issue of sham marriage and the United States Immigration process, the report went on to note:
The ICE HSI investigation was initiated in 2008. Adeneye indicated that he was engaged in brokering sham marriages between Nigerian nationals and U.S. citizens so that the Nigerians could obtain immigration benefits, ultimately leading to U.S. citizenship. In return, the U.S. citizen “spouses” received cash payments to assist the Nigerians in the deception.
Incorporating a sham marriage into an effort to obtain United States visa benefits is a serious crime as can be seen from the above cited report. Those thinking of filing for American Immigration benefits should note that it is NEVER a wise course of action to lie to immigration authorities or attempt to deceive the United States government or its officers. Even if one becomes a United States Citizen, then previous fraudulent activity during the visa process could result in possible de-naturalization and criminal charges.
It should further be noted that those seeking American visa benefits should consult a licensed attorney in an effort to gain insight into the immigration process as only an American attorney licensed and in good standing in at least one US state is entitled to provide advice, counsel, and/or possible representation before the United States Department of Homeland Security and the Department of State.
For related information please see: K1 visa Thailand or K1 Visa Singapore.
8th December 2010
For those who frequently read this web log will undoubtedly note that a frequent topic discussed within these pages is Comprehensive Immigration Reform. In a recent document promulgated by the Congressional Research Service and distributed by the American Immigration Lawyers Association (AILA), the matter of legal inadmissibility was discussed in the context of Comprehensive Immigration Reform. The following is a direct quotation from the document published by the Congressional Research Service (CRS) and distributed by AILA:
Legislation aimed at comprehensive immigration reform may take a fresh look at the grounds for excluding foreign nationals that were enacted in the 1990s. All foreign nationals seeking visas must undergo admissibility reviews performed by U.S. Department of State (DOS) consular officers abroad. These reviews are intended to ensure that they are not ineligible for visas or admission under the grounds for inadmissibility spelled out in the INA. These criteria are: health related grounds; criminal history; security and terrorist concerns; public charge (e.g., indigence); seeking to work without proper labor certification; illegal entrants and immigration law violations; ineligible for citizenship; and, aliens previously removed. Over the past year, Congress incrementally revised the grounds for inadmissibility. Two laws enacted in the 110th Congress altered longstanding policies on exclusion of aliens due to membership in organizations deemed terrorist.
Terrorism has been a key concern for American government officials across the entire spectrum of agencies associated with Immigration and travel to the United States. Public health and safety are also significant issues for American Immigration and Consular Officers. To quote the aforementioned publication further:
The 110th Congress also revisited the health-related grounds of inadmissibility for those who were diagnosed with HIV/AIDS. More recently, the “H1N1 swine flu” outbreak focused the spotlight on inadmissibility screenings at the border. Questions about the public charge ground of inadmissibility arose in the context of Medicaid and the state Children’s Health Insurance Program (CHIP) in the 111th Congress.
Influenza has been concerning to many health officials in recent years. However, for many the removal of HIV/AIDS from the list of diseases which can result in a finding of inadmissibility was a relief as many individuals who were previously inadmissible to the USA may have immediately become admissible after HIV/AIDS was no longer a legal grounds for finding someone inadmissible to the USA. This issue was especially acute in the LGBT community as HIV and AIDS issues seem to have a disproportionate impact upon individuals and couples within that community. The report went on to note that issues pertaining to legal inadmissibility are likely to be discussed in the context of proposed Comprehensive Immigration Reform legislation:
While advocacy of sweeping changes to the grounds for inadmissibility has not emerged, proponents of comprehensive immigration reform might seek to ease a few of these provisions as part of the legislative proposals. The provision that makes an alien who is unlawfully present in the United States for longer than 180 days inadmissible, for example, might be waived as part of a legislative package that includes legalization provisions. Tightening up the grounds for inadmissibility, conversely, might be part of the legislative agenda among those who support more restrictive immigration reform policies.
Many people are found inadmissible to the United States every year. Among those found inadmissible are those who are unable to seek a remedy in the form of either an I-601 waiver or an I-212 waiver application for advance permission to reenter the USA. Individuals who have been found inadmissible and cannot seek a waiver are colloquially referred to as being unwaivably excluded from the United States. Bearing this in mind, many findings of legal inadmissibility can be remedied through use of a waiver. That said, the waiver process and the standard of proof for obtaining a waiver can be difficult to overcome. For this reason, many bi-national couples opt to utilize the services of an American immigration attorney to assist in matters related to United States Immigration. It is always prudent to ask for the credentials of anyone claiming expertise in United States Immigration law as only a licensed American attorney is permitted to provide advice, counsel, and representation in pending matters before the United States Citizenship and Immigration Service (USCIS), the Department of Homeland Security (DHS), and the American State Department.
For related information please see: US Visa Denial.
6th December 2010
In an interesting recent decision by the United States Circuit Court of Appeals for the 8th Circuit the Court found that they indeed have the prerogative to review and rescind an I-130 denial. The following is a direct quotation from the Court’s opinion which was distributed by the American Immigration Lawyers Association (AILA):
In addition, interpreting the statutory language as the government advocates would force this court to classify every decision involving fact-finding by the Attorney General as discretionary and would remove all such decisions from judicial review. That is not a reasonable interpretation in light of the provisions of the Immigration and Nationality Act itself setting forth our standard of review for factual determinations in removal proceedings.
As one could likely gather from the above cited quote, the United States government’s position regarding denial of I-130 petitions basically could have created a situation in which Courts would not be able to review the decisions made by adjudicators at the United States Citizenship and Immigration Service (USCIS). It was interesting that the Court was not persuaded by this argument and reviewed the decision notwithstanding government objection.
For those who are unaccustomed to the US visa process, the I-130 petition is generally the first step in bringing an alien immediate relative to the USA. This petition is often utilized by those wishing to bring a foreign spouse to the United States. In cases where the I-130 petition is approved, the case file is usually forwarded on to the United States National Visa Center (NVC) which is an agency under the jurisdiction of the American State Department. The NVC acts as a sort of clearinghouse for visa applications. Therefore a Vietnamese spouse will likely process his or her visa application at the United States Consulate in Ho Chi Minh City via the NVC. Meanwhile, a Thai spouse will likely process his or her visa application through the US Embassy in Bangkok by way of the National Visa Center. Chinese spouses may process through one of the many US Consulates in China or the US Embassy in Beijing. The same can be said for India as the US Missions in both countries have dramatically changes Consular Processing procedures to provide more convenient options to American visa seekers after NVC processing.
The issue of judicial review in matters pertaining to United States immigration is a complicated one. Therefore, differing aspects of the US visa process may be subject to varying levels of judicial review depending upon the circumstances of a given case. For this reason some bi-national couples opt to retain attorney assistance in processing visa petitions and applications as a licensed professional can provide significant insight into overall processing procedures and provide strategies for streamlining the visa process.
Fore related information please see: K1 Visa Thailand, IR1 Visa Thailand, or CR1 Visa Thailand.
26th November 2010
“Culling of Visa Cases” and American Immigration Attorney Assistance
Posted by : admin
Recently, this blogger was reading a report from the Department of State regarding the statistics pertaining to the United States Visa Process. To quote the report directly:
Immigrant visa issuances during fiscal year 2011 are limited by the terms of INA 201 to no more than 226,000 in the family-sponsored preferences and 140,000 in the employment-based preferences. (Visas for “Immediate Relatives” – i.e., spouses, unmarried children under the age of 21 years, and parents – of U.S. citizens are not subject to numerical limitation, however.) It should by no means be assumed that once an applicant is registered, the case is then continually included in the waiting list totals unless and until a visa is issued. The consular procedures mandate a regular culling of visa cases to remove from the count those unlikely to see further action, so that totals are not unreasonably inflated. If, for example, a consular post receives no response within one year from an applicant to whom the visa application instruction letter (i.e., the consular “Packet 3″ letter) is sent when the movement of the visa availability cutoff date indicates a visa may become available within a reasonable time frame, the case is considered “inactive” under the consular procedures and is no longer included in waiting list totals.
It has be routinely noted on this blog and elsewhere online that the American visa process is somewhat restrictive when it comes to non-immediate relative petitions as there are limited numbers of visas available to the immediate family of American lawful permanent residents and the non-immediate relatives of American Citizens. That said, this was not the portion of the above citation that this author felt was noteworthy. Instead, a central issue for this blogger is that of “culling visa cases”. For those who do not have a great deal of experience dealing with US Immigration matters it may seem rather heavy handed to simply cancel a visa file. However, it should be pointed out that a US Embassy or US Consulate abroad is responsible for reviewing, adjudicating, and processing a large number of visa applications each year. Therefore, in the name of organization and efficiency it is often necessary for cases to be removed from the processing queue lest the whole system become overloaded and inefficient.
Those wishing to obtain a visa to the USA should be cognizant of the fact that failure to follow up with the US Mission with Consular jurisdiction could result in the canceling of one’s visa application thereby resulting in an end to the entire proceeding. This is also true for those who receive a 221g denial as failure to respond within one year of the denial’s issuance could result in the culling of the case file.
Some find that the assistance of an American Immigration attorney can be highly beneficial as such an individual can provide insight into and assistance with the United States visa process. Furthermore, American attorneys working overseas can provide real time assistance with Consular processing at American Missions abroad.
For related information please see: Consular Processing.
20th November 2010
USCIS Service Center Estimated Processing Times as of September 2010
Posted by : admin
In an effort to provide clarity to those interested in the United States Immigration process the administration of this blog routinely posts the estimated processing times of the service centers of the United States Citizenship and Immigration Service (USCIS). USCIS is tasked with adjudicating immigration petitions and applications for those seeking visa or immigration benefits. The following was quoted directly from the official website of USCIS:
| 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 | August 12, 2006 |
| 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 | August 12, 2006 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | August 12, 2006 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | August 12, 2006 |
| I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | 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 | August 12, 2006 |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | August 12, 2006 |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | August 12, 2006 |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | August 12, 2006 |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | August 12, 2006 |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | August 12, 2006 |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse 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 | March 1, 2005 |
| 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 | November 20, 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) | November 20, 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 | 5 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-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)] | 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 | 6 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 | 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 | 6 Months |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | 3.5 Months |
| I-90A | Application to Replace Permanent Resident Card | Initial issuance or replacement for Special Agricultral Workers (SAW) | 3.5 Months |
| 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 | 5 Months |
| 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 | July 1, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | July 1, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | July 1, 2010 |
| 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 | 2 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 | 5 Months |
| 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 | February 8, 2007 |
| 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 | September 1, 2006 |
| 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 | 5 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 | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | May 16, 2010 |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | May 16, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | May 16, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | May 16, 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) | 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 |
| 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 | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | December 28, 2007 |
| 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 | 5 Months |
| 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 | 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 | April 1, 2009 |
| 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) | April 1, 2009 |
| 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 | May 10, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | April 25, 2010 |
| 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 | September 30, 2008 |
| 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-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)] | 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 | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | November 30, 2009 |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | November 30, 2009 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | November 30, 2009 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | November 30, 2009 |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | April 5, 2010 |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | March 2, 2010 |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | October 1, 2009 |
| 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 |
| 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 | July 10, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | July 10, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | June 5, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | 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 | 2 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 | 5 Months |
| 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 | 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 | December 31, 2008 |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | December 31, 2008 |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | December 31, 2008 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | December 31, 2008 |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | December 31, 2008 |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | December 31, 2008 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | December 31, 2008 |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | December 31, 2008 |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | 4 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 | Violence Against Women Act (VAWA) | 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-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 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 | 5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | June 5, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | June 5, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | June 5, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | June 5, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | June 5, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | June 5, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | June 5, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | June 5, 2010 |
| 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-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 | 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 | 6 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 | 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 | 6 Months |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
| 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 | 5 Months |
Those seeking information about the US visa process should note that the USCIS processing times do not take into consideration processing at the United States National Visa Center nor the United States Mission, Embassy or Consulate overseas where the alien national may be processing their visa application. Consular processing times and NVC processing times generally depend upon the caseload of the US Embassy or US Consulate adjudicating the visa application.
30th October 2010
In recent weeks, some websites have been abuzz with information pertaining to a recent memorandum from the United States Citizenship and Immigration Service (USCIS) which discussed Social Media platforms and their relevance in the context of United States Immigration. To quote sections of the memo directly, as posted on the EFF.org (Electronic Frontier Foundation) website:
The Internet has made it increasingly easier for people to get connected with each other whether that is with long-distance family, fiiends [sic], or to find new loves and friendships. Social networking sites such as MySpace, Facebook, Classmates, Hi-5, and other similar sites are designed to allow people to share their creativity, pictures, and information with others. Sometimes people do this to find romance, sometimes they do it to find fiiends [sic] with similar interests, and sometimes they do it to keep in touch with family…This provides an excellent vantage point for FDNS to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities. Generally, people on these sites speak honestly in their network because all of their friends and family are interacting with them via lM’s (Instant Messages), Blogs (Weblog journals), etc. This social networking gives FDNS an opportunity to reveal fraud by browsing these sites to see if petitioners and beneficiaries are in a valid relationship or are attempting to deceive CIS about their relationship.
Visa and Immigration Fraud are fundamental concerns of the Department of Homeland Security, the USCIS, and Fraud Detection and National Security (FDNS). Therefore, investigation into the bona fides of a relationship that is the basis for submission of a visa petition can be rather routine in circumstances where a United States Citizen or Lawful Permanent Resident has submitted a petition for immigration benefits on behalf of a foreign loved one. That said, the implications of USCIS’s monitoring social media sites can be somewhat unnerving for many as evidenced by a recent quote from a blog post on the ImmigrationEquality.org website:
While we would never encourage anyone to engage in immigration fraud, it is disturbing to think of government officials “friending” unknowing immigrants to use the information in their personal posts against them. In these times of technology speeding forward, it’s important to remember that when you post anything on a public site you have to anticipate that it could be used against you.
Immigration fraud is a serious issue as the integrity of United States immigration law must be upheld both by those seeking immigration benefits and those adjudicating immigration petitions. New technologies offer new ways to stay connected to friends, family, and loved ones in a global context. However, comments made on social media sites which may seem innocuous or humorous to an online poster at the time of a comment’s posting could be taken out of context by immigration adjudicators who are not personally acquainted with the person or persons making such comments. At the end of the day, the main themes that may be gleaned from the recent revelation of this memo: DO NOT EVER attempt to defraud the U.S. government in an attempt to obtain immigration benefits and even those seeking immigration benefits for bona fide reasons should be cognizant of the fact that information posted on social media websites could, at some point, be heavily scrutinized by immigration officers and/or adjudicators.
For related information please see: US Visa Processing Time or I-601 waiver.
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