Integrity Legal

Archive for the ‘US Visa and Immigration’ Category

27th May 2017

It has come to this blogger’s attention that the new administration in the USA has promulgated policies which will place more scrutiny upon those who may be applying for visas to the USA in the future. The proposed “extreme vetting” of US visa applications in a Consular Processing context appears to be aimed at narrow subsets of “red flagged” visa applicants. In order to best summarize this policy shift, it is necessary to quote directly from a relatively recent Reuters article:

The final cable seen by Reuters, issued on March 17, leaves in place an instruction to consular chiefs in each diplomatic mission, or post, to convene working groups of law enforcement and intelligence officials to “develop a list of criteria identifying sets of post applicant populations warranting increased scrutiny.” Applicants falling within one of these identified population groups should be considered for higher-level security screening…

The new administration appears keen to narrowly target those applicants which are deemed to be appropriate for “increased scrutiny”. However, a rather recent proposal has been submitted by the U.S. Department of State requesting implementation of the emergency review procedures of the Paperwork Reduction Act of 1995. In short, the DOS is requesting expedited processing of a request to modify the forms associated with applications for US visas. To quote directly from the US government website Regulations.gov:

The Department proposes requesting the following information, if not already included in an application, from a subset of visa applicants worldwide, in order to more rigorously evaluate applicants for terrorism or other national security-related visa ineligibilities:

  • Travel history during the last fifteen years, including source of funding for travel;
  • Address history during the last fifteen years;
  • Employment history during the last fifteen years;
  • All passport numbers and country of issuance held by the applicant;
  • Names and dates of birth for all siblings;
  • Name and dates of birth for all children;
  • Names and dates of birth for all current and former spouses, or civil or domestic partners;
  • Social media platforms and identifiers, also known as handles, used during the last five years; and
  • Phone numbers and email addresses used during the last five years.

 

Most of this information is already collected on visa applications but for a shorter time period, e.g. five years rather than fifteen years. Requests for names and dates of birth of siblings and, for some applicants, children are new. The request for social media identifiers and associated platforms is new for the Department of State, although it is already collected on a voluntary basis by the Department of Homeland Security (DHS) for certain individuals.

It is this blogger’s opinion that the long term implications of these policy changes will be broad. However, from reading the aforementioned notice, it appears that, at the present time, DOS personnel will only be seeking more detailed information on certain individual applicants, and not from all applicants seeking visas to the USA. How will the narrow subset of applicants subject to increased scrutiny be determined? To answer that it is necessary to quote further from the Regulations.gov website:

Department of State consular officers at visa-adjudicating posts worldwide will ask the proposed additional questions to resolve an applicant’s identity or to vet for terrorism or other national security related visa ineligibilities when the consular officer determines that the circumstances of a visa applicant, a review of a visa application, or responses in a visa interview indicate a need for greater scrutiny.

Notwithstanding the fact that enhanced scrutiny will apparently only be applied on a case by case basis and only upon those individuals who are deemed to be in need of such scrutiny it seems logical to infer that at some point these additional screening protocols may be applied on a broader basis; if for no other reason than the fact that applying such scrutiny across the board might save time and resources of Consular Officials making cases by case determinations. As it stands, as of the time of this writing, the new protocols add a degree of uncertainty to the visa application process and Consular processing in general as it is difficult to foresee what may be considered a trait which warrants heightened scrutiny. Therefore, planning for such an eventuality is problematic.

As this situation continues to evolve this blog will post further updates.

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11th March 2017

It recently came to the attention of the administration of this web log that the subject of the Value Added Tax (VAT) has been a hot news item in Thailand in recent days as the current Prime Minister was noted speculating about the advantages to be gained by the Thai government if the VAT were to be raised one percentage point from the current level of 7% to 8%. To quote directly from The Nation’s website:

Prime Minister Prayut Chan-o-cha has floated the idea of raising the value-added tax (VAT) rate by one percentage point from the current 7 per cent to 8 per cent to raise an additional Bt100 billion in annual tax revenues to finance various public projects.

Meanwhile, it became unclear from further reports whether the Prime Minister was simply expounding upon the advantages to be gained by an increase in VAT or if a change of policy was being discussed. To quote from the official website of the Bangkok Post:

Finance Minister Apisak Tantivorawong said the government plans to keep VAT unchanged at 7% for another year when the previous extension of the last period for keeping VAT at 7% ends on Sept 30. VAT would not increase during the term of this government, he added.

Setting aside the issue of what the Prime Minister’s intentions were with respect to his comments regarding VAT increase (and it would appear from this writer’s perspective that he was indeed simply commenting upon the benefits to be garnered by the government should VAT be increased to 8%) it appears that at least for the foreseeable future the VAT in Thailand will not be increased.

For those who have had experience doing business in Thailand VAT is known as a fact of business-life. In fact, those foreign nationals wishing to setup a Company in Thailand are well advised to note that in order to get a Thai work permit associated with such companies the relevant corporate entity oftentimes must be registered for VAT. Therefore, unlike Thai businesses which may or may not require VAT registration, foreign companies in Thailand will often be VAT registered and therefore an increase in VAT will have a substantial impact upon such enterprises.

Meanwhile, in the aftermath of recent changes to American policy with respect to US Immigration it appears that a number of new Immigration Judges have been impaneled to deal with the staggering backlog of United States Immigration cases in the Immigration Courts. To quote directly from Reuters News Service:

The Department of Justice is deploying 50 judges to immigration detention facilities across the United States, according to two sources and a letter seen by Reuters and sent to judges on Thursday. The department is also considering asking judges to sit from 6 a.m. to 10 p.m., split between two rotating shifts, to adjudicate more cases, the sources said. A notice about shift times was not included in the letter.

Clearly, the new Administration in the USA is stringently enforcing immigration laws as evidenced by the recent stories of increased deportations, travel bans, and heightened scrutiny of immigrants (both Green Card holders and other immigrants) at ports of entry in the USA. It seems rather reasonable to infer that US Immigration matters are likely to be more difficult and time consuming to process in coming weeks and months.

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3rd January 2017

It recently came to this blogger’s attention that the officials of the Royal Thai Immigration Police have made policy changes regarding passport holders of certain countries. It appears that passport holders from 37 different countries will now be able to obtain a 30 day visa exemption stamp by crossing a land border into Thailand. The recently announced list includes the following countries:

Australia, Austria, Belgium, Bahrain, Brunei, Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Iceland, Indonesia, Ireland, Israel, Kuwait, Liechtenstein, Luxembourg, Malaysia, Monaco, Netherlands, New Zealand, Norway, Oman, Philippines, Poland, Portugal, Qatar, Singapore, Slovakia, Slovenia, Spain, South Africa, Sweden, Switzerland, and Turkey

It should be noted that most holders of passports on the above list were already eligible to receive 30 day exemption stamps when arriving at one of Thailand’s many international airports. However, 30 day exemption stamps were apparently not available when arriving at land borders. While this liberalization is likely welcome news to prospective tourists who wish to travel to countries surrounding Thailand it should be be analyzed in conjunction with recent announcements regarding so-called border runs.

As previously noted on this blog and other sites, Thai border runs are effectively a thing of the past as recent laws have been enacted which bar individuals from making border runs more than 2 times per calendar year. Although this new rule is unlikely to impact genuine tourists in Thailand, those who have used ostensibly temporary visas and visa exemption stamps to live in Thailand are likely to find maintaining their status in this way to be very difficult in the future. This news comes at the same time as a number of foreign owned or managed businesses in Thailand are reporting significant increases in immigration inspections as well as well known hostels are being raided by those seeking not only criminals, but over-stayers in particular. How this will all play out in 2017 remains to be seen, but one thing is certain: staying long term in Thailand is becoming increasingly difficult, expensive, and time consuming.

Meanwhile, as Thai Immigration cracks down, it appears that the Department of Homeland Security’s United States Citizenship and Immigration Service (USCIS) has made new regulations regarding the forms which must be submitted in connection with petitions for various immigration benefits. Forms such as the I-130 (associated with spousal immigration petitions for visas such as the CR-1 or the IR-1) have been upgraded and apparently the USCIS will no longer accept forms of an older pedigree. The same is apparently true with respect to the I-129f (the form associated with the K-1 visa used to bring fiancees of American Citizens to the USA) as that form has been updated.

Concurrently, it appears that there has been an across-the-board increase in the fees associated with the filing of certain immigration petitions. It is advised that those interested in this matter either speak with a qualified professional or conduct their own research to ascertain the current costs and fees associated with a visa to the USA.

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5th September 2016

It recently came to this blogger’s attention that the United States Consulate-General in Chiang Mai will be suspending services from September 12, 2016. It may be best to quote directly from the US Consulate’s website:

Except for U.S. citizen emergencies, consular services at the U.S. Consulate General in Chiang Mai will be suspended from September 12, 2016 to November 1, 2016, due to necessary renovations to the Consular Section…All nonimmigrant visa (NIV) applicants who intend to travel during this period should make appointments with the U.S. Embassy in Bangkok…The American Citizen Services (ACS) Unit will remain available by email and phone for emergency U.S. citizen services such as death and welfare/whereabouts cases; and we will continue to accept voter registration, absentee ballot requests, and absentee ballots.  Also, please note that the ACS Unit will conduct several U.S. citizen outreach events in and around Chiang Mai during this period…

Those wishing to learn more are well advised to click the link above.

Those seeking non-immigrant visas such as US Tourist visas and US student visas will, at least for the time being, be required to interview for such travel documents in Bangkok. It should be noted that this announcement has no impact upon those seeking immigrant visas such as the IR-1 visa or the CR-1 visa nor does it change the current processing protocols of the K-1 fiancee visa as although such fiance visas are considered non-immigrant visas they are processed in much the same manner as immigrant visas. As dual intent visas, holders of the K-1 visa may enter the United States in non-immigrant status with the intention of remaining and thereby use the adjustment of status process in order to convert into lawful permanent resident status (aka Green Card holder status) once in the USA. All of the aforementioned visa categories are initially adjudicated by the United States Citizenship and Immigration Service (USCIS), a division of the Department of Homeland Security; before undergoing further Consular Processing at the United States Embassy in Bangkok, under the jurisdiction of the U.S. Department of State.

Notwithstanding the continuation of regular immigration services for those wishing to permanently move to the USA. It would appear that this situation may cause inconvenience for those in the North of Thailand seeking American Citizen Services such as passport renewal, notarization, and issuance of Consular Reports of Birth Abroad (CRBA). Other than occasional Consular outreach, many of these services will apparently need to be obtained from the Post in Bangkok during this renovation period.

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15th May 2016

It recently came to this blogger’s attention that those attempting to travel to the United States on the Visa Waiver Program may find themselves being denied  admission to the USA due to the fact they do not have a biometric passport (also known as an electronic passport or an e-passport). A recent posting on the official website of the United States Customs and Border Protection service notes that as of April 1, 2016 those traveling to the USA without a biometrically encoded electronic passport will be denied entry to the United States.

In most countries, electronic passports have been in wide use for some time, but some older travel documents and those issued by certain countries may not have the biometric chip. Therefore, one should look at one’s passport and use the link above to decipher whether or not one’s passport has biometric encoding and therefore complies with recently issued rules and regulations.

It should be noted that the visa waiver program requires that most travelers traveling to the USA on a waiver utilize the Electronic System for Travel Authorization (or ESTA) before they travel to the USA. In a way ESTA is a sort of pre-travel authorization although not a visa per se.

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27th January 2014

It recently came to this blogger’s attention that Vietnam has legalized same sex wedding ceremonies performed in that Southeast Asian nation. Prior to this announcement it was illegal for same sex couples to have a marriage ceremony performed in Vietnam and also illegal for same sex couples to cohabit without fear of government reprisal. It should be noted that these recent measures only allow same sex couples to have a marriage ceremony, notwithstanding the fact that such ceremonies will have no legal recognition in Vietnam (or elsewhere). However, many LGBT rights activists believe that this is a significant step towards eventual marriage equality in Vietnam.

Meanwhile, in the Kingdom of Thailand the struggle still continues to see the full marriage equality. Unlike Vietnam, Thailand has allowed same sex marriage ceremonies within their jurisdiction for some time. It should also be noted that Thailand is one of the most tolerant nations in Southeast Asia when it comes to LGBT issues. However, the law in Thailand still stipulates that a legally recognized marriage is a union between one man and one woman. There are many activists in the Kingdom hoping to change these rules in order to allow same sex couples the right to get married. With recent political turmoil in the Kingdom and uncertainty surrounding upcoming elections it remains to be seen whether any change to the current law will speedily occur, but some believe that the tolerant attitude in Thailand will lead to changes in the law especially in light of the fact that recent proposals in the Thai parliament would, if adopted, allow same sex couples to legalize their marriages.

The issue of same sex marriage legalization is of concern to many same-sex bi-national couples since the Supreme Court’s 2013 decision granting federal recognition of same sex unions. One result of this decision was that same sex couples and spouses are now eligible to receive United States visa benefits in the same manner as different sex couples. Therefore, visas such as the CR-1 visa and IR-1 visa are now available to same sex couples who are already married. Although this may not be a highly sought after category in Southeast Asia at this time as no jurisdiction in the region currently recognizes same sex marriage, it could be of substantial importance in coming years as laws may be amended to equalize marriage laws for the LGBT community. Meanwhile, officials at the United States Citizenship and Immigration Service (USCIS) as well as the Department of State have noted that same sex couples, where one of the partners is American, who maintain a bona fide intention to marry in the USA may be eligible for the K-1 visa (more commonly referred to as a fiance visa). This type of visa allows the foreign fiance of an American citizen to travel to the United States for 90 days for the express purpose of getting married and filing for adjustment of status to Lawful Permanent Residence.

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21st October 2013

Updated USCIS Processing Times

Posted by : admin

The administration of this blog routinely posts the updated processing time estimates for the Service Centers of the United States Citizenship and Immigration Service (USCIS). The following was quoted directly from the official website of USCIS:

Field Office Processing Dates for California Service Center as of: August 31, 2013
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 2.5 Months
I-129 Petition for A Nonimmigrant Worker Blanket L 2 Months
I-129 Petition for A Nonimmigrant Worker E – Treaty traders and investors 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Visa to be issued abroad 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-2A – Temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-2B – Other temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-3 – Temporary trainees 2 Months
I-129 Petition for A Nonimmigrant Worker L – Intracompany transfers 1 Months
I-129 Petition for A Nonimmigrant Worker O – Extraordinary ability 2 Weeks
I-129 Petition for A Nonimmigrant Worker P – Athletes, artists, and entertainers 2 Weeks
I-129 Petition for A Nonimmigrant Worker Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process 2 Months
I-129 Petition for A Nonimmigrant Worker R – Religious occupation 5 Months
I-129 Petition for A Nonimmigrant Worker TN – North American Free Trade Agreement (NAFTA) professional 2 Months
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child 5 Months
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 March 11, 2010
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 November 3, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 June 21, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister February 11, 2010
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers 5 Months
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications May 30, 2012
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States March 16, 2012
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-601 Application for Waiver of Grounds of Inadmissibility Waiver of Grounds of Inadmissibility 4 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 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)] July 2, 2013
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 Honduras/Nicaragua [(c)(19), (a)(12)] 3 Months
I-765 Application for Employment Authorization Based on an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). 90 Days
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 May 25, 2011
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-821D Consideration of Deferred Action for Childhood Arrivals Request for Deferred Action 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) May 16, 2012
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 September 12, 1997
Field Office Processing Dates for Nebraska Service Center as of: August 31, 2013
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 June 16, 2013
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 March 2, 2013
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher 4 Months
I-140 Immigrant Petition for Alien Worker Multinational executive or manager April 2, 2013
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-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 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-601 Application for Waiver of Grounds of Inadmissibility Waiver of Grounds of Inadmissibility April 2, 2013
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 an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). 90 Days
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 May 30, 2011
I-821D Consideration of Deferred Action for Childhood Arrivals Request for Deferred Action 6 Months
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition April 15, 2013
N-565 Application for Replacement Naturalization/Citizenship Document U.S. citizen applying for a replacement of naturalization or citizenship certificate 6 Months
Field Office Processing Dates for Texas Service Center as of: August 31, 2013
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-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-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-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants June 2, 2010
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 May 2, 2013
I-601 Application for Waiver of Grounds of Inadmissibility Waiver of Grounds of Inadmissibility 4 Months
I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee March 16, 2013
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 an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). 90 Days
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-821D Consideration of Deferred Action for Childhood Arrivals Request for Deferred Action 6 Months
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition March 17, 2013
N-565 Application for Replacement Naturalization/Citizenship Document U.S. citizen applying for a replacement of naturalization or citizenship certificate 6 Months
Field Office Processing Dates for Vermont Service Center as of: August 31, 2013
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 H-1B – Specialty occupation – Visa to be issued abroad April 17, 2013
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. April 17, 2013
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. April 10, 2013
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 July 3, 2013
I-129 Petition for A Nonimmigrant Worker O – Extraordinary ability 2 Weeks
I-129 Petition for A Nonimmigrant Worker P – Athletes, artists, and entertainers 2 Weeks
I-129 Petition for A Nonimmigrant Worker Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process 2 Months
I-129 Petition for A Nonimmigrant Worker R – Religious occupation 5 Months
I-129 Petition for A Nonimmigrant Worker TN – North American Free Trade Agreement (NAFTA) professional 2 Months
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 March 27, 2013
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 October 22, 2012
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 April 30, 2012
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 April 30, 2012
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 April 9, 2012
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister March 27, 2011
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 February 20, 2013
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Violence Against Women Act (VAWA) October 8, 2012
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications November 19, 2012
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories April 17, 2013
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents April 17, 2013
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category April 17, 2013
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications April 17, 2013
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students April 17, 2013
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents April 17, 2013
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors April 17, 2013
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications April 17, 2013
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 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)] April 24, 2013
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] April 24, 2013
I-765 Application for Employment Authorization Based on an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). 90 Days
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 April 24, 2013
I-821 Application for Temporary Protected Status El Salvador initial or late filing April 24, 2013
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension April 24, 2013
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing April 24, 2013
I-821D Consideration of Deferred Action for Childhood Arrivals Request for Deferred Action February 28, 2013
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition 3 Months
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement 3.5 Months
I-90A Application to Replace Permanent Resident Card Initial issuance or replacement for Special Agricultral Workers (SAW) 3.5 Months
I-914 Application for T Non-immigrant Status Provide temporary immigration benefits to an alien who is a victim of trafficking in persons, and immediate family 4 Months
I-918 Petition for U Non-immigrant Status Provide temporary immigration benefits to an alien who is a victim of qualifying criminal activity, and their qualifying family June 25, 2012

It should be noted that these processing time estimates do not reflect the time it takes to obtain a US visa as the US visa application process can be time consuming even after an initial immigration petition receives approval since processing at the National Visa Center and/or a US Consulate or US Embassy abroad may also be required.

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13th October 2013

A frequently asked question from those wishing to sponsor a foreign fiance or spouse for a US Fiance Visa or US Marriage Visa is: do I make enough income to act as a sponsor for my loved one? The answer to this question involves the affidavit of support which is a primary component of the visa application process. When a fiance or spouse visa application is adjudicated by a Consular Officer at a US Embassy or US Consulate overseas part of the application includes either and I-134 or I-864 affidavit of support. This document allows the adjudicating Consular officer to make a determination as to whether or not the US Citizen spouse or fiance has the income necessary to support their fiance or spouse in the United States. This affidavit also acts as a sort of third party beneficiary contract between the American spouse and the United States government in order to make certain that the American spouse pays the US government for any means tested benefits that the foreign spouse may acquire while in the USA.

When determining whether or not an American spouse or fiance can support a foreign spouse or fiance the adjudicating officer will first look to the American’s adjusted annual income on his or her income tax return. In order to meet the minimum eligibility requirements the American spouse or fiance must earn 125% of the federal poverty guidelines for a family of their size. The current federal poverty guidelines for the 48 contiguous States as well as Alaska and Hawaii can be found below (as quoted from the official website of Housing and Human Services):

2013 POVERTY GUIDELINES FOR THE 48 CONTIGUOUS STATES
AND THE DISTRICT OF COLUMBIA
Persons in family/household Poverty guideline
For families/households with more than 8 persons, add $4,020 for each additional person.
1 $11,490
2 15,510
3 19,530
4 23,550
5 27,570
6 31,590
7 35,610
8 39,630

 

2013 POVERTY GUIDELINES FOR ALASKA
Persons in family/household Poverty guideline
For families/households with more than 8 persons, add $5,030 for each additional person.
1 $14,350
2 19,380
3 24,410
4 29,440
5 34,470
6 39,500
7 44,530
8 49,560

 

2013 POVERTY GUIDELINES FOR HAWAII
Persons in family/household Poverty guideline
For families/households with more than 8 persons, add $4,620 for each additional person.
1 $13,230
2 17,850
3 22,470
4 27,090
5 31,710
6 36,330
7 40,950
8 45,570

SOURCE: Federal Register, Vol. 78, No. 16, January 24, 2013, pp. 5182-5183

Those wishing to ascertain whether they are eligible to sponsor their foreign fiance or spouse should use the above figures to determine 125% of the poverty guidelines for a family of their size (including the foreign family member(s)). It should be noted that active duty members of the United States Armed Forces must only meet 100% of the federal poverty guidelines in order to be eligible to sponsor a foreign fiance or spouse. Those unable to meet the 125% income level noted above may be able to use assets to offset the difference between their level of income and the 125% requirement. For affidavit of support purposes, a prospective sponsor of a Thai fiancee or wife can make up the difference in income between what is actually earned and what is legally required by providing evidence of assets which equal 5 times the difference between what a prospective sponsor earns and the level required by law. Thus, if a prospective sponsor fall short of the 125% level by 5,000 USD, then the prospective sponsor can show proof of assets in the amount of 25,000 USD in order to overcome the disparity.

It may also be possible to use the income and assets of a joint sponsor if the person petitioning for the foreign national’s visa is unable to overcome the income and asset requirements. It should be noted that only the I-864 affidavit of support (that used in cases involving the application for a CR-1 visa or an IR-1 visa) may utilize a joint sponsor. Those seeking a K-1 visa are not eligible to use a joint sponsor, therefore, only the American Citizen fiance’s income and assets will be adjudicated during the K1 visa application process. In the past, Consular Officers at the US Embassy in Bangkok were known to accept joint sponsors in K-1 visa application adjudications. However, as of the time of this writing that practice has ceased.

Those interested in learning more on these topics are encouraged to click on the following link: Affidavit of Support.

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1st October 2013

The United States government has recently shut down due to the inability of Congress to make a deal regarding the budget and current debt ceiling level. The reverberations from this recent turn of events will likely be felt in many sectors of the United States government and by those who may have business with the US government. As a general matter, governmental functions which are deemed essential will still be available. However, those governmental activities and employees deemed non-essential will likely be discontinued and work furloughed until such time as Congress reaches an agreement. It has been 17 years since the United States government last shut down. As of the time of this writing, the Office of Management and Budget has instructed supervisors of various governmental entities to “execute plans for an orderly shutdown.”

What is the practical impact of the government’s closure upon the immigration process? It recently came to this blogger’s attention that the following has been posted on the official website of the United States Embassy in Bangkok, Thailand:

The U.S. Embassy in Bangkok and Consulate General Chiang Mai remain open to the public. As always, our priorities remain providing safety, security, and service to U.S. citizens. We are open for all consular services, including visa processing.

It could be inferred that the Embassy is attempting to dispel rumors that a shutdown will negatively impact the processing of US visa applications as well as applications for US passports, Consular Reports of Birth Abroad (CRBA), and various notarial services requested by Americans living in Thailand. Hopefully, the recently announced government shutdown will not last long and thus not cause any great problems for those seeking visas to the United States of America. However, a protracted shutdown could mean that processing of US visa applications could move at a slower pace, or, in a worst case scenario, be discontinued until such time as a budget is agreed upon. Hopefully, this will not happen and the processing of applications will continue apace.

Meanwhile, it is likely that the shutdown will not affect processing of immigration petitions at the United States Citizenship and Immigration Service (USCIS). As USCIS is funded by the fees paid by petitioners, it seems likely that a government shutdown will not adversely impact those seeking immigration benefits from USCIS. Again, as the United States has not seen a government shutdown in nearly two decades some of the details about the impact of the current shutdown remain somewhat speculative. Readers of this blog should take note that further information will be provided herein as it becomes available.

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22nd September 2013

The following are the estimated processing times for petitions submitted to the United States Citizenship and Immigration Service (USCIS). These processing time estimates are quoted directly from the official website of USCIS:

Field Office Processing Dates for California Service Center as of: July 31, 2013
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. May 24, 2013
I-129 Petition for A Nonimmigrant Worker H-2A – Temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-2B – Other temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-3 – Temporary trainees 2 Months
I-129 Petition for A Nonimmigrant Worker L – Intracompany transfers 1 Months
I-129 Petition for A Nonimmigrant Worker O – Extraordinary ability 2 Weeks
I-129 Petition for A Nonimmigrant Worker P – Athletes, artists, and entertainers 2 Weeks
I-129 Petition for A Nonimmigrant Worker Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process 2 Months
I-129 Petition for A Nonimmigrant Worker R – Religious occupation 5 Months
I-129 Petition for A Nonimmigrant Worker TN – North American Free Trade Agreement (NAFTA) professional 2 Months
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child 5 Months
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 November 15, 2011
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 March 11, 2010
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 November 3, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 June 21, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister February 11, 2010
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers 5 Months
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications May 30, 2012
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States March 16, 2012
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-601 Application for Waiver of Grounds of Inadmissibility Waiver of Grounds of Inadmissibility 4 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 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)] July 2, 2013
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 Honduras/Nicaragua [(c)(19), (a)(12)] 3 Months
I-765 Application for Employment Authorization Based on an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). 90 Days
I-765 Application for Employment Authorization All other applications for employment authorization 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-821D Consideration of Deferred Action for Childhood Arrivals Request for Deferred Action 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) May 16, 2012
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 September 12, 1997
Field Office Processing Dates for Nebraska Service Center as of: July 31, 2013
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 May 16, 2013
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 February 2, 2013
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher 4 Months
I-140 Immigrant Petition for Alien Worker Multinational executive or manager March 2, 2013
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-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 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-601 Application for Waiver of Grounds of Inadmissibility Waiver of Grounds of Inadmissibility March 2, 2013
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 an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). 90 Days
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-821D Consideration of Deferred Action for Childhood Arrivals Request for Deferred Action 6 Months
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition March 15, 2013
N-565 Application for Replacement Naturalization/Citizenship Document U.S. citizen applying for a replacement of naturalization or citizenship certificate 6 Months
Field Office Processing Dates for Texas Service Center as of: July 31, 2013
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-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-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-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants December 31, 2012
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-601 Application for Waiver of Grounds of Inadmissibility Waiver of Grounds of Inadmissibility 4 Months
I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee March 2, 2013
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 an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). 90 Days
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-821D Consideration of Deferred Action for Childhood Arrivals Request for Deferred Action 6 Months
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition March 7, 2013
N-565 Application for Replacement Naturalization/Citizenship Document U.S. citizen applying for a replacement of naturalization or citizenship certificate 6 Months
Field Office Processing Dates for Vermont Service Center as of: July 31, 2013
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 May 10, 2013
I-129 Petition for A Nonimmigrant Worker 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Visa to be issued abroad April 10, 2013
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. April 10, 2013
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. April 10, 2013
I-129 Petition for A Nonimmigrant Worker H-2B – Other temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-3 – Temporary trainees 2 Months
I-129 Petition for A Nonimmigrant Worker L – Intracompany transfers 1 Months
I-129 Petition for A Nonimmigrant Worker O – Extraordinary ability 2 Weeks
I-129 Petition for A Nonimmigrant Worker P – Athletes, artists, and entertainers 2 Weeks
I-129 Petition for A Nonimmigrant Worker Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process 2 Months
I-129 Petition for A Nonimmigrant Worker R – Religious occupation 5 Months
I-129 Petition for A Nonimmigrant Worker TN – North American Free Trade Agreement (NAFTA) professional 2 Months
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-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 October 22, 2012
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 April 30, 2012
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 April 30, 2012
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 April 9, 2012
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister March 20, 2011
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 February 20, 2013
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Violence Against Women Act (VAWA) August 6, 2012
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications November 19, 2012
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories April 10, 2013
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents April 10, 2013
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category April 10, 2013
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications April 10, 2013
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students April 10, 2013
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents April 10, 2013
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors April 10, 2013
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications April 10, 2013
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 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)] April 24, 2013
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] April 24, 2013
I-765 Application for Employment Authorization Based on an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). 90 Days
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 April 24, 2013
I-821 Application for Temporary Protected Status El Salvador initial or late filing April 24, 2013
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension April 24, 2013
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing April 24, 2013
I-821D Consideration of Deferred Action for Childhood Arrivals Request for Deferred Action 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-90 Application to Replace Permanent Resident Card Initial issuance or replacement 3.5 Months
I-90A Application to Replace Permanent Resident Card Initial issuance or replacement for Special Agricultral Workers (SAW) 3.5 Months
I-914 Application for T Non-immigrant Status Provide temporary immigration benefits to an alien who is a victim of trafficking in persons, and immediate family 4 Months
I-918 Petition for U Non-immigrant Status Provide temporary immigration benefits to an alien who is a victim of qualifying criminal activity, and their qualifying family June 25, 2012

It should be noted that the time it takes to process an immigration petition with USCIS is not the same as the time it takes to undergo the entire US visa process since processing at the National Visa Center and Consular Processing at a US Embassy or US Consulate abroad can be very time consuming.

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