Integrity Legal

Posts Tagged ‘American Marriage Visa’

7th December 2017

Khmer language translation of the video found here: ទិដ្ឋាការ​ប្រភេទ K-3 ពី​ប្រទេស​កម្ពុជា

សួស្ដី! ខ្ញុំ​ឈ្មោះ Benjamin Hart ។​ ខ្ញុំ​គឺ​ជា​មេធាវី និង​ជា​នាយកគ្រប់គ្រង​នៃ​ក្រុមហ៊ុនIntegrity Legal នៅ​ក្នុងទី​ក្រុង​បាងកក​នៃប្រទេស​ថៃ ។

នៅ​ក្នុង​វីដេអូ​ថ្ងៃ​នេះ យើង​នឹង​ពិភាក្សា​ជា​ពិសេស​អំពី​​ទិដ្ឋាការមួយគឺ​ ទិដ្ឋាការ​ប្រភេទ K-3 ដែល​ជា​ប្រភេទ​ទិដ្ឋាការ​ដ៏គួរអោយ​ចាប់​អារម្មណ៍មួយ ដោយ​​ផ្តោ​ត​ទៅ​លើ​​បរិបទ​ប្រទេស​កម្ពុជា សំរាប់ប្រជាពលរដ្ឋ​ខ្មែរ​ដែល​ចង់​ដាក់​ពាក្យ​រៀបអាពាហ៍ពិពាហ៍ជា​មួយ​ប្រជាពលរដ្ឋ​អាមរិក ។ និយាយ​អោយ​ចំ​ទៅ គឺ​អ្នកដែល​​ត្រូវ​​រៀបអាពាហ៍ពិពាហ៍ជា​មួយ​ប្រជាពលរដ្ឋ​អាមេរិក ដើម្បី​ដាក់​ពាក្យ​សុំទិដ្ឋាការ​ប្រភេទ K-3 ។

ដូច​ដែល​យើងបាន​លើក​ឡើង​ខាង​លើ យើង​ស្ថិត​នៅ​ក្នុង​ទីក្រុង​បាង​កក ។ យើងបាន​រត់ការ​សំណុំរឿង​របស់ប្រជាពលរដ្ឋ​ថៃជា​ច្រើន ហើយ​ដោយ​សារ​តែ​យើង​ក៏​ស្ថិត​នៅ​​ជិត​ប្រទេស​កម្ពុជា ដែរ​នោះ ជា​ច្រើន​ឆ្នាំ​កន្លង​មក​នេះយើង​ក៏​បាន​​​រត់​ការអោយសំណុំរឿង​ជាច្រើនរបស់​​ប្រជាពលរដ្ឋខ្មែរ ឬ​សំណុំរឿង​ផ្សេងៗ​ទៀត​ដែល​មាន​ពាក់ព័ន្ធ​នឹង​ជនជាតិ​ខ្មែរ ។ ដូច្នេះ​យើងចង់​​បញ្ជាក់ថា ទិដ្ឋាការ​ប្រភេទ K-3 នេះ​ជា​ទិដ្ឋាការ​មួយ​ដ៏​គួរ​អោយ​ចាប់​អារម្មណ៍ ។

យើង​សូមពន្យល់​រៀបរាប់បន្តិច​​ថា​តើ​អ្វីជា​ទិដ្ឋាការប្រភេទ K-3 ។ ទិដ្ឋាការប្រភេទ K-3 ត្រូវ​បាន​បង្កើតឡើង​​ដោយ​យោង​តាម​ប្រការ​មួយ​ចំនួន​នៅក្នុង​ច្បាប់អាយុ​ជីវិត ដែល​ត្រូវ​បាន​បង្កើត​ឡើង​នៅ​ក្នុង​អណត្តិរបស់​ប្រធានាធិបតី Clinton នៅ​ពេល​ដែល​មាន​សំណុំរឿង​ជា​ច្រើន​ដែល​បាន​កកស្ទះ​ ពាក់​ព័ន្ធ​នឹង​ប្រភេទទិដ្ឋាការ​ប្ដី​ប្រពន្ធ គឺ CR-1 និង IR-1 ហើយ​នៅ​ក្នុង​ទំព័រ​របស់​យើង​នេះ​ ក៏​មាន​វីដេអូ​មួយ​ទៀត​ដែរ ដែល​និយាយ​ផ្ដោត​ជា​ពិសេស​ទៅលើប្រភេទ​ទិដ្ឋាការ​ CR-1 និង IR-1 នេះនៅ​ក្នុង​ប្រទេស​កម្ពុជា ។ នៅ​ពេល​នោះ​ ជា​ធម្មតា​វា​ទាម​ទារ​រយៈពេល​ជា​ច្រើន​ឆ្នាំ​ដើម្បី​បញ្ចប់​សំណុំរឿងមួយ ។ ក្រសួង​មាតុភូមិ ធ្វើ​ការ​សំរេ​ច​លើ​ពាក្យ​ធានា​សំរាប់​ទិដ្ឋាការ​ប្រភេទ​រៀប​អាពាហ៍​ពិពាហ៍ ។ ក្នុង​ពេល​ជាមួយ​គ្នា​នោះដែរ​ វា​ទាម​ទារ​ពេល​ប្រហែល ៦, ៧ ឬ​៨​ខែ ដើម្បី​ទទួល​បាន​ការ​សំរេច​យល់​ព្រម​លើសំណុំបែបបទ​ធានា​សុំ​ទិដ្ឋាការ​ប្រភេទគូដណ្ដឹង ។ ដូច្នេះ​ជា​ចុង​ក្រោយ​ អ្វី​ដែល​គេ​​ជួប​ច្រើន គឺ​​ស្ថានភាព​ដែល​សំណុំរឿងគូដណ្ដឹង​ត្រូវ​បាន​ដំណើរ​ការ​លឿន​ជាង​ប្ដីប្រពន្ធ ហើយ​យើង​សូម​បញ្ជាក់​ផងដែរ​ថា​តាម​ផ្លូវ​ច្បាប់ ជាពិសេស​ច្បាប់​អន្តោប្រវេសន៍ ​មិន​មាន​ភាព​ខុស​គ្នា​នោះ​ទេ​រវាង​ប្ដីប្រពន្ធ​ និង​គូដណ្ដឹង ដោយ​តាម​ផ្លូវ​ច្បាប់​សំណុំរឿង​ទាំង​ពីរ​នេះ​ត្រូវ​បាន​ចាត់​ទុក​ថា​ដូចគ្នា ។ បើ​គិត​តាម​ផ្លូវ​​រដ្ឋបាល​វិញ មាន​ការ​​កក​ស្ទះ​សំណុំរឿង​ទិដ្ឋាការ ឬ​សំណុំពាក្យ​ធានា​​ប្រភេទ​រៀបអាពាហ៍ពិពាហ៍ជា​ច្រើន ។ ​ខ្ញុំ​មិន​ដឹង​ថាវា​មក​ពីហេតុ​អ្វី​​ដែរនោះ​ទេ ប្រហែល​ជា​​​​អាច​បណ្ដាល​មក​ពី​ពួក​គេ​ដំណើរ​ការ​ទិដ្ឋាការ​ប្រភេទ K-1បានយ៉ាង​មាន​ប្រសិទ្ធិភាព​ជាង ឬ​មក​ពី​មាន​សំណុំរឿងទិដ្ឋាការ​ប្រភេទ K-1មាន​ចំនួន​តិច​ ប៉ុន្តែនៅ​ពេល​នោះ​វា​ទាម​ទារ​ពេល​ជា​ច្រើន​ឆ្នាំដើម្បី​ទទួល​បាន​ការ​ដំណើរ​ការ​ពាក្យ​សុំ​ធានា​សំរាប់​ការ​រៀបការ​ជាមួយ​ពលរដ្ឋ​អាមេរិក ដោយ​ក្នុង​ខណៈពេល​ជាមួយ​គ្នា​នោះ វា​ទាម​ទារ​ពេល​ត្រឹម​តែ​ប៉ុន្មាន​ខែ​ប៉ុណ្ណោះ​សំរាប់​សំណុំរឿង​គូដណ្ដឹង ។ ដូច្នេះហើយ ទើប​ពួក​គេបាន​​បង្កើតទិដ្ឋាការ​​ប្រភេទ K-3 ដោយ​និយាយថា «ប្រសិនបើ​អ្នក​បាន​ដាក់​ពាក្យ​ធានា​​ប្ដី​ឬប្រពន្ធ​របស់​អ្នក​តាម​ប្រភេទទិដ្ឋាការ CR-1 ឬ IR-1ជា​ធម្មតាហើយ អ្នក​អាច​ដាក់​ពាក្យ​មួយ​ទៀត​ ដោយ​សុំទិដ្ឋាការ​ប្រភេទ K-3 វិញ» ។ អ្នក​គ្រាន់​តែ​ដាក់​ពាក្យ​ម្តង​ទៀត​តាម​ទិដ្ឋាការ​ប្រភេទ K ។ នោះ​​ហើយ​គឺ​ជា​អ្វី​ដែល​ពួក​គេ​បាន​ធ្វើ ។ ពួក​គេ​គ្រាន់​តែទាញ​យក​សំណុំរឿងទិដ្ឋាការរៀបការ​ទាំង​នេះ​ហើយនិយាយ​ថា អូខេ សំណុំរឿង​នេះ​ត្រូវ​បាន​ដាក់​ពាក្យ​ហើយ​ អ្នក​ត្រូវ​បញ្ជាក់​ថា​ពាក្យ​ធានា​របស់​អ្នក​ត្រូវ​បាន​ដាក់តាម​ដំណើរការ​​ដូច​ដែល​គេ​ធ្វើសំរាប់​គូដណ្ដឹង ។ ជា​លទ្ធផល K-3  គឺ​ជា​ពាក្យ​ដែល​ត្រូវ​បាន​គេ​ប្រើ​សំរាប់​ទិដ្ឋាការ​ប្រភេទ​រៀបការ​ជាមួយ​ពលរដ្ឋ​អាមេរិក ប៉ុន្តែតាម​ពិត ​វិធីតាម​ទំលាប់ដែល​​គេត្រូវ​​ធ្វើ​ដើម្បី​នាំអ្នក​ណា​ម្នាក់​មក​កាន់​សហរដ្ឋ​អាមេរិកគឺ​តាម​រយៈទិដ្ឋាការប្រភេទ CR-1 ឬ IR-1 ។ ទិដ្ឋាការ​ប្រភេទ​ K-3 ត្រូវ​បាន​គេ​ប្រើ​ជា​ទូទៅនៅ​ក្នុង​សំណុំរឿង​នេះ ពី​ព្រោះមនុស្ស​ទូទៅ​ស៊ាំនឹង​ការ​រត់​ការ​ប្រភេទ​ K-3 ដោយ​សារ​តែ​វា​គឺ​ជា​វិធី​ដ៏​មាន​ប្រសិទ្ធភាព​ក្នុង​ការ​នាំយក​ប្ដី​ឬប្រពន្ធ​មក​កាន់​សហរដ្ឋអាមេរិក ។ វា​ជា​រឿង​មួយ​ដ៏​​គួរ​អោយ​ចាប់​អារម្មណ៍​ដែរ​ ដោយ​សារ​តែ​ ទិដ្ឋាការ​ប្រភេទ​ K-3 នៅ​តែ​តំរូវ​អោយ​មាន​ការ​ផ្លាស់​ប្តូរ​ស្ថានភាព​អន្តោប្រវេសន៍​របស់​អ្នក​ទៅ​ជា​អ្នក​រស់នៅ​ជាអចិន្ត្រៃ​យ៍​ដោយ​ស្របច្បាប់ ។ សំរាប់​អ្នក​ដែល​ចង់​ដឹង​អំពី​ដំណើរ​​ការ​ក្នុង​ការ​ផ្លាស់​ប្ដូរស្ថានភាព​អន្តោប្រវេសន៍ សូម​ចូល​ទៅ​មើល​វីដេអូនៅក្នុង​ទំព័រ​នេះផង​ដែរ​ដែល​ពិភាក្សា​ជាពិសេស​អំពី​ដំណើរ​ការ​នៃការ​ផ្លាស់ប្ដូរ​នេះ ប៉ុន្តែអ្វី​ដែល​យើង​នឹង​ពិភាក្សា​នៅ​ថ្ងៃ​នេះគឺ ទិដ្ឋាការ​ប្រភេទ​ K-3 ។ ទោះ​បី​ជា​ទិដ្ឋាការ​ប្រភេទនេះអាច​នឹង​មាន​ប្រយោជន៍​នៅ​ក្នុង​លក្ខខណ្ឌសព្វថ្ងៃ​នេះ ក៏​ប៉ុន្តែ​កាល​ពី​មុនគឺ​មាន​បទបញ្ជា​រដ្ឋបាល​ ដែល​ជា​គោលនយោបាយ​បិទតាម​បែបរដ្ឋបាល ដែល​ត្រូវ​បាន​អនុវត្ត​ដោយ​មជ្ឈមណ្ឌលទិដ្ឋាការ​ជាតិ ដែល​ជា​ធម្មតា​និយាយថា «ឥឡូវ​មើល ទិដ្ឋាការ​ប្រភេទ​ K-3 ត្រូវ​បាន​បង្កើតឡើង​សំរាប់​ស្ថានភាព​ដែល​ទិដ្ឋាការ​ប្រភេទ​រៀបការឬ​ទិដ្ឋាការ​ប្រភេទ​អន្តោប្រវេសន៍ ត្រូវ​បាន​បាត់​នៅ​ក្នុង​គំនរ​ឯកសារ​កក​ស្ទះ​របស់​ស្ថាប័ន USCIS​ ។ តាម​ពិត​ទៅ​ វា​មិនមែន​បាត់​នោះ​ទេ ប៉ុន្តែ​គឺវា​ជាប់ ​នៅ​ក្នុង​គំនរ​ឯកសារ​កក​ស្ទះ​របស់​ស្ថាប័ន USCIS ។ ដូច្នេះហើយ​ ប្រសិន​បើ​យើង​ទទួល​បាន​ពាក្យ​ធានា​សំរាប់​ទិដ្ឋាការ​ប្រភេទ​ K-3 មុន យើង​នឹង​ដំណើរ​ការ​ទិដ្ឋាការនេះ​មុន ប៉ុន្តែ​ប្រសិន​បើ​យើង​ទទួល​បាន​ពាក្យ​ធានា​សំរាប់​ទិដ្ឋាការ​ប្រភេទ​អន្តោប្រវេសន៍​សំរាប់ប្តីប្រពន្ធ​មុន យើងនឹង​ដំណើរ​ការ​ទិដ្ឋាការ​នេះ​មុន ហើយ​យើង​នឹង​ទុកពាក្យ​សុំ​ទិដ្ឋាការ​ប្រភេទ​ K-3ជា​មោឃៈ» ។ នេះ​ជា​រឿង​ដ៏​សំខាន់​ ពី​ព្រោះ​តួនាទី​របស់​មជ្ឈមណ្ឌលទិដ្ឋាការ​ជាតិក្នុង​ដំណើរ​ការ​ទិដ្ឋាការ​អន្តោប្រវេសន៍​ មាន​លក្ខណៈ​ខុស​ពី​ទិដ្ឋាការ​ប្រភេទ K ។ សំរាប់​ទិដ្ឋាការ​ប្រភេទ K​ មជ្ឈមណ្ឌលទិដ្ឋាការ​ជាតិ គ្រាន់​តែ​ផ្ញើ​ឯកសារ​សំណុំរឿង​នោះ​ទៅកាន់​ស្ថានទូត​ដែល​ពាក់​ព័ន្ធ ហើយ​ស្ថានទូត​នឹង​ដំណើរ​ការ​សំណុំរឿងនោះ​តាម​ដំណើរការ​របស់​ស្ថានកុងស៊ុល ។ ចំណែកឯក្នុង​សំណុំរឿង​ទិដ្ឋាការ​ប្រភេទ​អន្តោប្រវេសន៍​វិញ ដំណើរ​ការ​របស់​មជ្ឈមណ្ឌលទិដ្ឋាការ​ជាតិមាន​សភាព​យឺតយ៉ាវ ព្រោះមជ្ឈមណ្ឌលទិដ្ឋាការ​ជាតិត្រូវ​ធ្វើ​ការ​ទទួល​យក​ឯកសារនិង​បញ្ចូល​ពត៌មាន​ ហើយ​ខ្ញុំ​មិន​និយាយ​ថា​មជ្ឈមណ្ឌលនេះ​ធ្វើ​ការ​សំរេច​ចេញ​ទិដ្ឋាការ​នោះ​ទេ ប៉ុន្តែ​ពួក​គេ​ធ្វើ​ការ​ត្រួត​ពិនិត្យ​ដោយ​ល្អិត​ល្អន់ ដើម្បី​ធានា​អោយ​ប្រាកដ​ថា ពួកគេ​មាន​ពត៌មាន​គ្រប់គ្រាន់ដើម្បី​បន្តដំណើរ​ការ និង​ដាក់​ថ្ងៃ​ណាត់​សំភាស ។ ដូច្នេះប្រសិន​បើ​អ្នក​អាច​ដាក់​ពាក្យ​សុំ​ទិដ្ឋាការ​ប្រភេទ​ K-3 ហើយ​ត្រូវ​បាន​គេ​សំរេច​យល់​ព្រមលើ​ពាក្យ​សុំ នោះទិដ្ឋាការ​ប្រភេទ​ K-3 នេះ​នៅ​តែ​ដំណើរ​ការ​លឿន​ជាង​ទិដ្ឋាការប្រភេទ​អន្តោប្រវេសន៍ ។ ទោះ​បី​ជា​យ៉ាង​ណា​ក៏​ដោយ ​ខ្ញុំ​នៅ​តែ​យល់​ថា មជ្ឈមណ្ឌលទិដ្ឋាការ​ជាតិនៅ​តែ​រក្សា​គោលនយោបាយ​បិទតាម​បែប​រដ្ឋបាល ដែល​ពួកគេ​ត្រូវ​ដំណើរ​ការ​សំណុំរឿង​អន្តោប្រវេសន៍​មុន ។ ​ឥឡូវ​នេះ​ ការ​ដំណើរ​ការ​សំណុំរឿង​អន្តោប្រវេសន៍​ជា​ពិសេស​គឺ​សំណុំរឿង​ប្ដីឬ​ប្រពន្ធ​របស់​ពលរដ្ឋ​អាមេរិក ត្រូវ​បាន​កាត់​បន្ថយ​យ៉ាង​ច្រើន ។ ស្ថាប័ន USCIS បាន​ចាត់​វិធានការ​សំខាន់ៗជាច្រើន​​ដើម្បី​ធ្វើ​អោយ​និតិវិធី​របស់​ពួកគេ​កាន់​តែ​មាន​ប្រសិទ្ធិភាព ហើយ​ពួកគេ​បាន​ធ្វើ​វា​អោយ​កាន់​តែមាន​ប្រសិទ្ធិភាព​ឡើង ។​ ខ្ញុំ​គិត​ថា​ពួកគេ​មាន​បុគ្គលិក​ច្រើន​ជាង​មុន ហើយ​ក៏មាន​រឿង​ច្រើន​ដែរដែល​ត្រូវ​ដោះ​ស្រាយពាក់​ព័ន្ធ​នឹង​​សំណុំរឿង​ទាំង​នោះ ហើយ​ពួក​គេ​ក៏​មាន​ធនធាន​ជាច្រើន​ដែរ​ដើម្បី​អោយ​សំណុំរឿង​ទាំង​អស់​នោះ​បាន​ដំណើរ​ការ​ទៅមុខ ដែល​ជា​លទ្ធផល គឺ​ខ្ញុំ​មិន​និយាយ​ថា​ទិដ្ឋាការ​ប្រភេទ​ K-3 ​ផុត​សម័យលែង​ត្រូវ​បាន​គេ​ប្រើប្រាស់​​នោះ​ទេ ប៉ុន្តែគឺវា​លែង​សូវ​ចាំបាច់​ក្នុង​ការ​ប្រើប្រាស់​ដូច​កាលពីពេល​ដែល​​វា​ត្រូវ​បាន​បង្កើត​ពីដំបូង​នោះ​ទេ ។ ដោយ​សារ​មូលហេតុនេះ​ហើយ ទើប​ខ្ញុំ​គិត​ថា​អ្នក​អាច​នឹង​ឃើញ​សំណុំរឿង​ទិដ្ឋាការ​ប្រភេទ​K-3​ កាន់​តែ​តិច​ទៅៗដែល​នឹង​ត្រូវ​ដំណើរ​ការ​នៅ​ក្នុង​ប្រទេស​កម្ពុជា ឬ​ប្រទេស​ផ្សេងៗទៀត ។

 

more Comments: 04

27th July 2013

Periodically, the administration of this web log post the estimated processing times from the United States Citizenship and Immigration Service (USCIS). It should be noted that the following processing time estimates are exxactly that: estimates. Some petitions may process more quickly while other petitions may proccess more slowly. To quote directly from the USCIS official website:

Field Office Processing Dates for California Service Center as of: May 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 November 15, 2011
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 February 1, 2010
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 October 4, 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)] 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 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 November 28, 2011
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-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: May 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 March 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 January 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 January 16, 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 January 16, 2013
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 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)] May 8, 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 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 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 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-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 January 15, 2013
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
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: May 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-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 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-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 5 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 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 January 7, 2013
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 6 Months
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: May 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 July 1, 2012
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 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-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 April 16, 2012
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 9, 2012
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 April 9, 2012
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 March 5, 2012
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister December 4, 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 Violence Against Women Act (VAWA) May 7, 2012
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications April 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-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)] March 27, 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 El Salvador [(c)(19)(a)(12)] October 31, 2010
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] January 6, 2011
I-765 Application for Employment Authorization 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 October 31, 2010
I-821 Application for Temporary Protected Status El Salvador initial or late filing October 31, 2010
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension October 31, 2010
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing October 31, 2010
I-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 May 7, 2012

It should be also noted that although these USCIS estimated processing times can provide a general framework for understanding the time frames for petition adjudication by USCIS, these estimates do not necessarily reflect the estimated time frame for the entire US visa process especially if the unique circumstances of a given case requires Consular Processing of a US visa application at a US Embassy or US Consulate abroad.

For a married couple seeking an IR1 visa or a CR1 Visa for a foreign spouse of US Citizen the process begins at the USCIS where the initial petition will be adjudicated. Assuming USCIS approves the initial petition, then the petition will be forwarded to the National Visa Center (NVC). NVC will require certain documents before forwarding the application to a US Embassy or Consulate abroad where a foreign spouse must undergo an interview prior to the Consular Officer making a decision regarding visa issuance. In some cases, the Consular Officer may approve the visa application at the interview. Meanwhile, in some circumstances, the officer may deny the application (especially where a ground of inadmissibility is found to exist in the case and under such circumstances the applicant must be granted an I-601 waiver, or something similar, prior to the application receiving further favorable treatment). In some cases, the officer may simply find that some further evidence of the relationship or documentation pertaining to the foreign national is lacking and will thereby deny the application pursuant to section 221(g) of the Immigration and Nationality Act. Under these circumstances, the 221(G) denial may be overcome by presenting further evidence to the Consular Officer and upon their finding that the relevant requirements have been met the application may be approved.

As one can infer from the above example, the USCIS estimateed  processing times may not accurately reflect the total time it may take to obtain a US visa since the process is sometimes more complex than simple USCIS petition approval.

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21st May 2011

Those conducting research with regard to United States Family Immigration often look at either the K-1 visa or a CR-1 visa for a recent or prospective spouse. That stated, an acute concern for many American Citizens is the speedy admission of the foreign fiance or spouse to the United States of America. Under many circumstances in places such as the Kingdom of Thailand or the Kingdom of Cambodia, virtually the only means to lawfully bring a Thai or Khmer fiance or spouse to the USA involves a US Marriage Visa (such as the CR-1 visa or the IR-1 visa) or a US fiance visa (officially categorized as a K-1 visa). The question then becomes: which visa can be obtained in a more timely manner?

Currently, it usually takes less time to obtain a K-1 visa compared to a CR-1 visa. That stated, it is this blogger’s opinion that the once large gap separating the processing times of these respective visa categories has closed somewhat, from a practical perspective; and, as a result, it may be best for those researching these issues to ponder the notion of applying for a CR-1 visa or an IR-1 visa from the outset rather than undergoing the K1 visa process. Bearing this in mind, the reader should note that the process is unique to every couple as circumstances tend to dictate the timing of various stages of the process.

Although the K-1 visa does usually result in a foreign fiancee arriving in the United States more quickly than a foreign spouse under the CR-1 visa category, readers should be aware of the fact that CR-1 visa holders are admitted into the United States in Lawful Permanent Resident status. Conversely, those admitted into the United States of America in K-1 visa status must undergo the adjustment of status process in order to obtain their Green Card.

Regardless of the fact that the current USCIS Processing Times note little change in the time it takes to receive adjudication of a K-1 visa petition compared to years past, the plain truth of the matter is that the overall K-1 visa process has lengthened for many in recent months. This increased wait time may be attributable to the fact that the National Visa Center and each and every US Embassy or US Consulate has its own backlog of cases to either process or adjudicate. As the ebb and flow of American immigration continues the consular processing times are likely to increase and/or decrease depending upon the circumstances at the various US Posts abroad. At present, it is difficult to calculate with any specificity what the time frame is for Consular Processing in Asia as many factors must be taken into consideration. It is this blogger’s current opinion that under the totality of the circumstances it may be prudent for prospective family visa petitioners to conduct thorough research into the immigration process before making an irrevocable immigration decision as a visa category that looks more efficient at first glance may, in fact, turn out to be an inefficient travel document if one takes into consideration all of the factors which must be addressed in order to ultimately receive lawful permanent resident status in the U.S.A.

For related information please see: Legal.

more Comments: 04

5th May 2011

It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) has recently updated some of the information with regard to that agency’s official fact sheet pertaining to I-864 affidavits of support. To quote directly from the official website of USCIS:

In determining inadmissibility, USCIS defines “public charge”as an individual who is likely to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.” See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). In determining whether an alien meets this definition for public charge inadmissibility, a number of factors are considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor, other than the lack of an affidavit of support, if required, will determine whether an individual is a public charge.

Those reading this blog are encouraged to click on the hyperlinks above to read more and gain insight into the issues associated with the I-864 affidavit of support.

It should be noted that the issues associated with the I-864 affidavit of support are significant and should not be overlooked by those seeking immigration benefits. Furthermore, the issues associated with the I-864 affidavit of support pertain not only to USCIS in the United States, but also impact the Consular processing phase of U.S. Immigration process for those who are seeking United States immigrant visas, such as the IR-1 visa and the CR-1 visa, abroad. Meanwhile, seekers of visas such as the K-1 visa (for fiancees of US Citizens) must submit a similar document to a US Embassy or US Consulate abroad in the form of an I-134 affidavit of support. Bearing this in mind, the reader should take note of the fact that the issues surrounding the I-864 affidavit of support are likely to come to the forefront for K-1 visa holders when they eventually apply for adjustment of status to lawful permanent residence.

There was an interesting notation on the aforementioned website:

Note: In general, lawful permanent residents who currently possess a “green card” cannot be denied U.S. citizenship for lawfully receiving any public benefits for which they are eligible.

The reader is encouraged to bear in mind the fact that the above quotation is speaking in generalities, but the issue of naturalization in the context of the affidavit of support may be of interest to Americans thinking about bringing a loved one to the USA. The reason that Americans may find the issue of naturalization interesting when discussing family immigration stems from the fact that upon a foreign spouse’s naturalization to US Citizenship, the encumbrances placed upon the American Citizen within the provisions of the affidavit of support are extinguished as upon becoming a United States Citizen a previous foreign national becomes eligible in their own right for government benefits (where applicable). Therefore, the previous sponsor(s) are no long liable to the United States government should the newly-naturalized citizen take government benefits.

For related information please see: Certificate of Citizenship or Child Citizenship Act.

more Comments: 04

23rd October 2010

Those American Citizens with Indian husbands or wives often research issues surrounding the US K-3 marriage visa category in an effort to make informed decisions about American travel documentation. Although the term “K-3 visa” has become a common buzzword used as a colloquial synonym for US Marriage Visa on the World Wide Web, the K-3 category was not always the widely utilized travel document for Indian-American couples reuniting in the United States as the Immigrant visa categories often referred to as CR-1 and/or IR-1 visas were once the only travel documents available to the spouses of American Citizens wishing to take up residence in the USA (note: the IR-1 visa category predates the CR-1 visa category as conditional lawful permanent residence status has not always been imposed upon foreign spouses of US Citizens married less than 2 years).

There was a rather significant backlog of Immigrant visa petitions at the agency now commonly referred to as the United States Citizenship and Immigration Service (USCIS) when the K3 visa category was created by Congressional legislation sometimes called the “Life Act” which was signed and executed by President William Jefferson Clinton prior to leaving office toward the end of his term (the K-4 visa, similar to the K2 derivative visa attached to the K1 visa, was a derivative visa category also created by the “Life Act” to be utilized by the children of an Indian K-3 spouse).

Currently, the United States Citizenship and Immigration Service does not have the backlog that it once had of Immigrant spousal visa petitions. As a result, the K-3′s utility has been increasingly marginalized as the estimated processing time for CR-1 visa petitions and IR-1 visa petitions has decreased. Relatively recently, the American State Department’s National Visa Center (NVC) promulgated the policy that K-3 visa applications would be administratively closed if and/or when the adjudicated immigrant visa petition arrives at NVC before or with the supplemental K-3 visa petition. This policy has likely lead to some Indian-American married couples to seek Immigrant visa benefits rather than K-3 visa benefits as “administrative closure” precluded further processing of the K-3 visa petition and application.

Those interested in the K3 visa process or the Immigrant visa process are well advised to research all options prior to making any irrevocable decisions. Furthermore, those seeking immigration advice and/or representation should check the credentials of those claiming expertise in American immigration matters as only licensed American attorneys may practice American immigration law pursuant to U.S. law.

Fore related information please see: K3 Visa India or K1 Visa India.

more Comments: 04

21st October 2010

Those who have read some of the blog will no doubt note that this administration often posts information about the K3 visa process and the overall impact of administrative closing of K3 visa applications by the US State Department’s National Visa Center. Many American Citizens who have a Laotian husband or wife pose the question: “Can I get a K3 visa for my wife (or husband) to reunite with me in the USA?” The answer to this question, at the time of this writing, is a rather qualified: no. However, a brief overview of the K3 visa and the recent changes to the K3 visa process may enlighten those who are researching this issue on their own for the first time.

At one time, the United States Citizenship and Immigration Service (USCIS) had a substantial backlog of immigrant spouse visa petitions. This lead to a situation in which it could take as long as 3 years to receive USCIS adjudication of a mere immigrant spousal visa petition filed by an American Citizen. Due to this rather untenable situation, the United States Congress and President William Jefferson Clinton promulgated and executed a piece of legislation commonly referred to as the “Life Act”. Under the provisions of the Life Act, the K3 visa category and the K4 visa category were created (The K4 visa is a derivative visa for the children of foreign spouses similar to the derivative K2 visa which can be “piggybacked” onto a K1 visa application). At the time, the K3 visa was greeted by many as a severely needed stopgap solution to a rather pernicious problem: slow processing of classic immigrant visa petitions. In recent years, the USCIS has gone to great lengths to streamline the adjudication process and thereby decrease the time it takes to see an immigrant spouse visa petition adjudicated. As a result, many adjudicated immigrant visa petitions began arriving at the National Visa Center at the same time as their K3 counterparts. At one point, it would appear that a decision was made to “administratively close” K3 visa applications when the Immigrant petition arrives either before or at the same time as the K3 petition. This leads to a situation where American-Lao bi-national couples are compelled to seek immigrant visa benefits rather than K3 visa benefits. It should be noted that immigrant visa benefits are substantially superior to K3 visa benefits as immigrant visas confer lawful permanent residence upon the bearer at the time of his or her entry into the United States. Whereas the K3 visa is simply a non-immigrant spouse visa. Therefore, those entering the USA in K3 status must either file for an adjustment of status or Consular Process their immigrant visa petition at a US Embassy or US Consulate outside of the USA.

The term “K3 visa” has sort of become the buzzword used to refer to a US Marriage Visa over the internet. In point of fact, the classic travel documents used by Lao spouses to reunite with their American counterparts are referred to as either the CR1 Visa or the IR1 Visa. Depending upon a bi-national couple’s circumstances such travel documents may confer either conditional or unconditional lawful permanent residence upon admission to the USA.

For related information please see: K1 Visa Laos or K3 Visa Laos.

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15th October 2010

Those American Citizens with an Indonesian spouse sometimes posit: “Would it be possible for me to obtain a K3 visa for my Indonesian husband or wife?” Although, the answer to this question is not exactly “cut and dried” it is a qualified No. However, this does not necessarily mean that there is not another US Marriage Visa category available to the Indonesian husband or wife of a United States Citizen or Lawful Permanent Resident.

The reason that a K3 marriage visa is likely unavailable to the Indonesian spouse of a US Citizen (K visas are not available to lawful permanent residents, this includes the popular K1 visa which is often used to bring fiances of American Citizens back to the USA) is due to the fact that the US State Department’s National Visa Center (NVC) has promulgated a policy whereby all K3 Visa applications will be administratively closed if the I-129f petition arrives contemporaneously with, or before, the arrival of an I-130 petition. As the United States Citizenship and Immigration Service (USCIS) has recently reduced their backlog when adjudicating I-130 petitions this has lead to a situation where I-130 petitions are arriving at NVC prior to their I-129f counterparts. In a way, circumstances as they exist under the aforementioned scenario negate the need for the K3 visa in most situations.

The K3 visa was created under the language of the so-called “Life Act” which was promulgated during the latter part of the Clinton Administration. At that time, the backlog of I-130 petitions was rather large and the K3 visa was created to allow expedited marriage visa processing for the spouses of US Citizens. As technology improved and USCIS overcame their I-130 backlog the USCIS processing time for the K3 visa and the Immigrant visa categories (CR1 Visa, IR1 Visa) came into alignment. Therefore, the K3 visa became somewhat redundant and the National Visa Center seems to have made the decision to “phase out” these types of visas when they are no longer needed.

This does not mean that American marriage visas are no longer available at all. Instead, more and more couples seek visa benefits by using the classic I-130 petition. This petition, if approved, can be used to obtain a CR1 Visa or an IR1 Visa for the spouse of an American Citizen (Lawful Permanent Residents are eligible to petition for CR1 or IR1 immigration benefits, but it generally takes longer to process such requests). Currently, it takes approximately 11-12 months to obtain an Immigrant visa for the Indonesian spouse of a US Citizen taking into account USCIS adjudication (currently taking approximately 5-6 months), NVC processing, and Consular Processing at a US Embassy or US Consulate abroad.

For related information please see: K1 Visa Indonesia or K3 Visa Indonesia.

more Comments: 04

14th October 2010

On the internet the term “K3 visa” seems to have become the ubiquitous buzzword used to refer to a US Marriage Visa. However, this type of visa is not the classic method employed by American Citizens wishing to bring their Cambodian spouse back to the United States of America. In reality, many utilize either a CR1 Visa or an IR1 Visa when seeking immigration benefits for a foreign spouse. This is largely due to the recently enacted policy of the National Visa Center (NVC) to “Administratively close” K3 visa applications arriving contemporaneously with, or after, the arrival of an approved I-130 petition at the National Visa Center.

At one time, the United States Citizenship and Immigration Service (USCIS) had a major backlog of pending I-130 petitions for spouses of Americans. President Clinton and the Congress at that time promulgated legislation known as the Life Act which created a new visa category called the K3 Visa. This type of travel document was a sort of expedited non-immigrant marriage visa for spouses of American Citizens (Lawful Permanent Residents have never been eligible for K visa benefits including the K1 visa). Those using such a travel document were required to file an adjustment of status application following their spouse’s arrival in the USA, but the K3 visa was issued as a multiple entry travel document so physical presence in the USA was not a rigorously demanded during the adjustment process for K3 visa holder, as opposed to K1 visa holders who cannot leave the USA while the adjustment of status is processing without applying for an advance parole travel document. Under such circumstances, should a K1 visa holder leave the USA without adjusting status then they will fall out of status and the whole process must begin anew.

Since the the creation of the K3 visa USCIS has cut down their backlog of US Marriage visas tremendously. Currently, it takes approximately 5-6 months for USCIS to adjudicate an I-130 for the spouse of a US Citizen. This brought K3 visa processing times and CR1 visa processing times into greater alignment resulting in a situation where it took virtually the same amount of time to fully process either type of visa, give or take a few weeks depending upon the unique circumstances of a case. As a result, the National Visa Center seems to have adopted the policy that there is little use for the K3 visa under the current circumstances which lead to the automatic “administrative closure” of such applications where the underlying I-130 petition has been adjudicated. This does not mean that the entire visa process is at an end, but the applicant is effectively required to seek an Immigrant spouse visa rather than a K3 visa where the I-130 is adjudicated in a timely manner.

For related information please see: K3 Visa Cambodia or K1 Visa Cambodia.

more Comments: 04

27th July 2010

This author has recently been informed that the United States Citizenship and Immigration Service (USCIS) is poised to conduct a thorough policy review which will delve into USCIS’s customer service procedures and look for ways to improve the US immigration system. As a first step, USCIS announced that a public survey would be conducted. Below are excerpts from a USCIS press release (distributed by the American Immigration Lawyers Association [AILA]), which outlines the purpose of the policy review and provides guidance regarding further methods of information gathering in an effort to improve USCIS customer service policies:

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) has announced the results of a public survey that launched the USCIS Policy Review, an unprecedented, top-to-bottom examination of the agency’s adjudication and customer-service policies. The survey results helped USCIS select the first 10 issue areas to address in the agency-wide review.


Informed by the survey responses, the agency’s needs, and input from the workforce, the USCIS Policy Review will begin by examining policies in the following issue areas: National Customer Service Center; Nonimmigrant H-1B; Naturalization and Citizenship; Employment-based Adjustment of Status; Family-based Adjustment of Status; Employment-Based Preference Categories 1, 2 and 3; Refugee and Asylum Adjustment of Status; Form I-601; General Humanitarian; and Employment
Authorization and Travel Documents.


“As an agency, we must achieve consistency in the policies that guide us and in how we implement them for the public benefit,” said USCIS Director Alejandro Mayorkas. “To achieve that critical goal, we are partnering with the public in this major undertaking to review our adjudication and customer-service policies. We will work collaboratively toward the shared objectives of consistency, integrity, transparency and efficiency.”


In April 2010, USCIS issued a survey that asked any interested member of the public, as well as its own workforce, to help identify the issue areas that the agency should examine first. USCIS received approximately 5,600 survey responses from diverse stakeholders. Those results are now available, along with a summary developed by USCIS’s new Office of Performance and Quality.

Some have questioned the need for such a survey as there are those who feel that USCIS’s current policies do not need improvement. Clearly, this is not the official view of USCIS as can be evidenced by the following statement:

On April 15, 2010, U.S. Citizenship and Immigration Services (USCIS) launched the USCIS Policy Review, an unprecedented, top-to-bottom examination the agency’s adjudication and customer service policies with the engaged participation of the USCIS workforce and the public. USCIS issued a survey that asked any interested member of the public, as well as its own workforce, to help identify the issue areas that the agency should examine first. Nearly 5,600 stakeholders responded to the survey, representing current immigrant and non-immigrant visa holders, employers, immigration attorneys and advocates, among others, in addition to responses from approximately 2,400 members of the USCIS workforce. Those responses helped USCIS select the first 10 issue areas to address in the agency-wide review. USCIS is now convening working groups to review the first 10 issue areas.

The press release went further than merely providing information regarding this important policy review. In an effort to provide the public with relevant information, the United States Citizenship and Immigration Service (USCIS) also provided a “Q & A” component to the recent press release. The following are questions and answers arising in connection with USCIS’s policy review initiative:

Questions and Answers


Q. What is the USCIS Policy Review?


A. The USCIS Policy Review is a comprehensive review of policy, guidance, and procedures related to our adjudications and customer service. The Policy Review is divided into four stages: (1) assembling and categorizing existing policy documents; (2) deciding which issue areas to review first, with input from surveys of the workforce and external stakeholders; (3) completing a review of policies in each identified issue area; and (4) consolidating and publishing updated policy documents (as appropriate), once approved.


Q. How does the Policy Review advance major goals already established for USCIS and the Department of Homeland Security (DHS)?


A. In the 2010 Quadrennial Homeland Security Review (QHSR), DHS identified the effective administration of the immigration system as a key priority. In particular, the QHSR emphasized the importance of a system that produces fair, consistent and prompt decisions for the public it serves. The Policy Review is designed to ensure that USCIS meets that standard in its work.


Q. How does the Policy Review relate to USCIS’s responsibilities and authority under federal law?


A. By law, USCIS is charged with setting policies and priorities for the administration of immigration services. USCIS will be reviewing those policies in our current effort. If the Policy Review identifies the need for proposed regulatory changes, we will fully engage in the federal rulemaking process. The purpose of the Policy Review is not to develop proposed changes to the immigration statutes established by Congress.

Q. Will the Policy Review change USCIS policy?


A. In many cases, yes. Working groups will evaluate policy based on USCIS goals, legal requirements and stakeholder concerns. These working groups will draft updated policy documents and proceed through USCIS’s policy-approval process. If the Policy Review identifies the need for proposed regulatory changes, USCIS will fully engage in the federal rulemaking process.


Q. What happens to existing policies during the course of the Policy Review?


A. While the Policy Review is underway, all policies already in place remain in full force and will be honored. From time to time in the course of the agency’s operations, policy issues may arise that require immediate attention outside the course of the formal Policy Review. We will continue to give these issues immediate attention as the need arises.


Q: What prompted the Policy Review?


A. USCIS is committed to ensuring that our policies are consistent and up to date. To that end, the agency has launched the USCIS Policy Review to examine our policies with input from the public it serves and from its workforce.


Q. Has USCIS previously undertaken a comprehensive review of its policies?


A: No. The effort to undertake a top-to-bottom review of our adjudication and customer service policies is an unprecedented initiative for USCIS.


Q. How will USCIS seek the public’s input during the Policy Review?


A. In keeping with our commitments to customer service and transparency, USCIS will engage practitioners, advocates, businesses, applicants, and other interested stakeholders throughout the course of the Policy Review. The survey was the first opportunity for stakeholders to participate. As we review policies in specific issue areas, we will offer a number of further opportunities for the public to offer input. For example, in some issue areas, we will conduct public meetings to solicit stakeholders’ views on specific policy matters. In many cases, we will also published drafts of new or revised policy memoranda on our website for public comment, now a regular step in USCIS’s policy development process.


Q. What did the survey ask?


A. The survey asked any interested member of the public, as well as the USCIS workforce, to help identify the issue areas that the agency should examine first. The survey also included comment sections.


Q. How many people responded to the survey?


A. Nearly 5,600 external stakeholders responded to the survey, representing current immigrant and nonimmigrant visa holders, employers, immigration attorneys and advocates, among others. Nearly 2,400 members of the workforce from USCIS offices worldwide also participated in the survey.


Q. How has USCIS used the survey results?


A. The survey results helped USCIS identify which issue areas to address first in its agency-wide review. USCIS considered quantitative and qualitative feedback from the surveys along with operational and programmatic needs to develop the initial list of issue areas for review.

Q. In addition to the survey, what progress has USCIS made in the Policy Review?


A. USCIS has assembled thousands of existing policy documents and categorized them into issue areas. USICS is now convening internal working groups to begin examining and evaluating the policy documents in the first 10 issue areas.


Q. What is the expected length and scope of the Policy Review?


A. The Policy Review is a multi-year effort designed to work thoughtfully through thousands of policy documents, many of which overlap or complement each other, in collaboration with the USCIS workforce and external stakeholders. New policy documents, once drafted, will be submitted through the USCIS clearance process, with many posted on the USCIS website for public comment.

At the time of this writing, there have been relatively few changes in the law regarding US Family Visas. Although administrative and regulatory changes have had a significant impact upon processing of the US Marriage Visa and the US fiance visa. That said, the recent fee increase for Consular Processing of the K1 visa (fiance visa) and the administrative closure of K3 Visa applications by the National Visa Center were promulgated by the Department of State (DOS) as there has been little recent change in the fee structure and administration of USCIS’s adjudication of family based visa petitions.

This author is of the opinion that this unprecedented policy review should be welcomed as it may herald further improvements to the American Immigration system and provide immigrants and Americans with better overall service. One must applaud USCIS for taking the initiative and promoting positive change.

For related information from the perspective of Southeast Asia please see: K1 Visa Thailand.

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