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ទិដ្ឋាការប្រភេទ K-1 ពីប្រទេសកម្ពុជា៖

admin — Thu, 07 Dec 2017 08:13:06 +0000

Khmer language translation of the video found here: ទិដ្ឋាការប្រភេទ K-1 ពីប្រទេសកម្ពុជា៖

នៅក្នុងវីដេអូនេះ យើងនឹងពិភាក្សាអំពីទិដ្ឋាការប្រភេទ K-1 សំរាប់គូដណ្ដឹង ក្នុងបរិបទនៃការដំណើរការរបស់ការិយាល័យកុងស៊ុលនៃស្ថានទូតសហរដ្ឋអាមេរិកប្រចាំនៅរាជធានីភ្នំពេញនៃព្រះរាជាណាចក្រកម្ពុជា ។

សំរាប់អ្នកដែលបានចូលមកកាន់ទំព័ររបស់យើង ហើយបានឃើញវីដេអូមួយចំនួនរបស់យើងហើយ អ្នកប្រហែលជាដឹងហើយថាយើងមានទីតាំងនៅក្នុងទីក្រុងបាងកកនៃប្រទេសថៃ ។ យើងធ្វើការដោះស្រាយជាចម្បងលើសំណុំរឿងអន្តោប្រវេសន៍ ។ ជាទូទៅគឺសំរាប់ជនជាតិថៃអាមេរិកាំង ហើយយើងធ្វើការរត់ការសំណុំរឿងជាច្រើនពាក់ព័ន្ធនឹងសំណុំរឿងអន្តោប្រវេសន៍សំរាប់គ្រួសារអាមេរិក ទិដ្ឋាការប្រភេទគូដណ្ដឹង ទិដ្ឋាការប្រភេទរៀបការ ។ល។

ដោយសារយើងមានទីតាំងស្ថិតនៅក្នុងទីក្រុងបាងកក មិនមែនមានន័យថាយើងធ្វើការផ្ដាច់មុខលើរឿងអន្តោប្រវេសន៍អាមេរិកតែនៅក្នុងប្រទេសនេះ នោះទេ ។ វាគួរអោយចាប់អារម្មណ៍ដែរ ដែលមេធាវីអន្តោប្រវេសន៍ជាច្រើនដែលធ្វើការនៅសហរដ្ឋអាមេរិកហាក់ដូចជាធ្វើការជាមួយអតិថិជនចំរុះជាតិសាសន៍ ប៉ុន្តែផ្ទុយទៅវិញ យើងនៅទីក្រុងបាងកកនេះ ហាក់ដូចជាធ្វើការតែជាមួយជនជាតិថៃ ។ ទោះបីជាយ៉ាងណាក៏ដោយ ខ្ញុំក៏ធ្លាប់បានធ្វើការជាមួយសំណុំរឿងមួយចំនួនដែរដែលពាក់ព័ន្ធនឹងស្ថានទូតសហរដ្ឋអាមេរិកប្រចាំនៅរាជធានីភ្នំពេញនៃព្រះរាជាណាចក្រកម្ពុជាដែរ ដោយសារតែប្រទេសនេះនៅជិតប្រទេសថៃ ។ សំរាប់អ្នកដោយចាប់អារម្មណ៍លើដំណើរការដោយមើលពីទិដ្ឋភាពទូទៅ ជាការល្អបំផុតគឺអ្នកគួរមើលទៅលើរឿងនេះជា២ដំណាក់កាល៖ ដំណាក់កាលមួយគឺពាក់ព័ន្ធនឹងក្រសួងសន្ដិសុខមាតុភូមិ ។ ស្ថាប័នអន្តោប្រវេសន៍ ហៅកាត់ថា USCIS ស្ថិតនៅក្រោមការគ្រប់គ្រងរបស់ក្រសួងសន្ដិសុខមាតុភូមិ នឹងចាប់ផ្ដើមដំបូងដោយធ្វើការសំរេចយល់ព្រមលើទំរង់បែបបទធានា I-129F ។ ពាក្យធានានេះ គឺជាចំនុចចាប់ផ្ដើមដំបូងនៃដំណើរការនេះ ។ អ្នកត្រូវដាក់ពាក្យធានា ហើយអ្នកត្រូវតែទទួលបានការសំរេចយល់ព្រមពី USCIS នៃក្រសួងសន្ដិសុខមាតុភូមិ មុនពេលដែលអ្នកអាចបន្តដំណើរការជាមួយនឹងទិដ្ឋាការប្រភេទ K-1 របស់អ្នក ។ បន្ទាប់ពីទទួលបានការសំរេចយល់ព្រមលើពាក្យធានារបស់អ្នកហើយ យើងនឹងនិយាយអំពីតំរូវការលំអិតពាក់ព័ន្ធនឹងពាក្យធានា ។ អ្វីដែលត្រូវកំណត់ចំណាំជាងគេបំផុតនោះ គឺដៃគូដែលដាក់ពាក្យធានាទាំងពីរនាក់ត្រូវតែនៅទំនេរនិងអាចរៀបការបានដោយស្របច្បាប់ នៅពេលដែលពាក្យធានាត្រូវបានដាក់ ។ លើសពីនេះទៅទៀត ភាគីទាំងពីរត្រូវធ្លាប់បានជួបគ្នាផ្ទាល់ក្នុងកំឡុងពេល២ឆ្នាំមុនពេលដែលពួកគេដាក់ពាក្យធានាសុំទិដ្ឋាការប្រភេទ K-1 ។ រឿងដែលសំខាន់ជាងគេដែលត្រូវចាំគឺ «អ្នកត្រូវតែនៅទំនេរនិងអាចរៀបការបានដោយស្របច្បាប់ ។ អ្នកមិនអាចស្ថិតនៅក្នុងស្ថានភាពកំពុងលែងលះនោះទេ ។ អ្នកត្រូវតែលែងលះរួចរាល់ហើយ ប្រសិនបើអ្នកមានប្ដីឬប្រពន្ធមុន ។ អ្នកត្រូវតែនៅទំនេរនិងអាចរៀបការបានដោយស្របច្បាប់ ហើយអ្វីដែលអ្នកត្រូវចងចាំ ដែរនោះគឺថា តំរូវការនេះអាចនឹងមាននៅក្នុងយុត្តាធិការនៃច្បាប់សាមញ្ញ ឬពេលខ្លះក៏មាននៅក្នុងយុត្តាធិការនៃច្បាប់រដ្ឋប្បវេណីផងដែរ ។ អ្នកមិនអាចស្ថិតនៅក្នុងស្ថានភាពមានប្ដីឬប្រពន្ធ នៅពេលដំណើរការទិដ្ឋាការប្រភេទ K-1 នោះទេ បើទោះបីជាអ្នកទាំងពីរជាប្ដីប្រពន្ធក៏ដោយ ។ អ្នកត្រូវរង់ចាំ និងស្ថិតនៅក្នងស្ថានភាពជាគូដណ្ដឹង រហូតដល់គូដណ្ដឹងបរទេសរបស់អ្នកដែលក្នុងសំណុំរឿងនេះ ជាជនជាតិខ្មែរ ចាកចេញពីរាជធានីភ្នំពេញ ទៅកាន់សហរដ្ឋអាមេរិក ហើយបន្ទាប់មកអ្នកនឹងមានរយៈពេល ៩០ថ្ងៃ ដើម្បីរៀបអាពាហ៍ពិពាហ៍ និងដាក់ពាក្យសុំផ្លាស់ប្ដូរស្ថានភាពអន្តោប្រវេសន៍ ។ ការផ្លាស់ប្ដូរស្ថានភាពអន្តោប្រវេសន៍ គឺជាដំណើរការមួយផ្សេងទៀត ។ វាកើតឡើងបន្ទាប់ពីការរៀបការនៅសហរដ្ឋអាមេរិក ។ មានវីដេអូមួយផ្សេងទៀតនៅក្នុងទំព័រនេះ ដែលពិភាក្សាជាពិសេសលើសេចក្ដីលំអិតនៃការផ្លាស់ប្ដូរស្ថានភាពអន្តោប្រវេសន៍ ។ យើងអាចនិយាយបានថា ជាមូលដ្ឋានវាគឺជាដំណើរការដែលគូដណ្ដឹងបរទេស ដែលបន្ទាប់មកនឹងក្លាយទៅប្តីឬប្រពន្ធ នឹងទទួលបានសិទ្ធិជាអ្នករស់នៅជាអចិន្ត្រៃយ៍ដោយស្របច្បាប់ ឬដែលត្រូវបានគេស្គាល់ថាជាអ្នកកាន់ green card នៅសហរដ្ឋអាមេរិក ។ អញ្ចឹង វាគឺជារឿងដែលកើតឡើងចុងក្រោយនៃដំណើរការនេះ ។ ត្រឡប់មកនិយាយពីសំណុំបែបបទធានាវិញ ដៃគូត្រូវតែបានជួបគ្នាផ្ទាល់ក្នុងកំឡុងពេល២ឆ្នាំមុនការដាក់ពាក្យ ត្រូវតែនៅទំនេរ និងអាចរៀបការបានដោយស្របច្បាប់ ។ មានពត៌មានលំអិតជាច្រើនទៀតដែលពាក់ព័ន្ធនឹងរឿងនេះ ដែលខ្ញុំនឹងមិនពិភាក្សាស៊ីជម្រៅពេកទេ ។ សន្មត់ថា ស្ថាប័ន USCIS DHS បានធ្វើការសំរេចយល់ព្រមលើពាក្យធានា ។ សំណុំរឿងនេះនឹងត្រូវបញ្ជូនយ៉ាងលឿនទៅកាន់មជ្ឍមណ្ឌលទិដ្ឋាការជាតិ ដែលដើរតួដូចជាកន្លែងលាងសំអាតឯកសារ ឬទីតាំងសំរាប់បញ្ជូនឯកសារ ដើម្បីបញ្ជូនសំណុំរឿងនេះទៅកាន់ស្ថានទូត ឬស្ថានកុងស៊ុលក្រៅប្រទេសដែលសមស្រប ហើយនៅក្នុងសំណុំរឿងនេះគឺកម្ពុជា ។ សំណុំរឿងនឹងត្រូវបញ្ជូនទៅរាជធានីភ្នំពេញនៃប្រទេសកម្ពុជា ហើយនៅពេលនោះ អ្នកត្រូវធ្វើការរត់ការតាមដំណើរការជាក់លាក់របស់ផ្នែកទិដ្ឋាការនៃការិយាល័យកុងស៊ុលរបស់ស្ថានទូតនៅទីនោះ ។

ទិដ្ឋាការប្រភេទ K-1 មានលក្ខណៈគួរអោយចាប់អារម្មណ៍ ដោយសារវាត្រូវបានគេចាត់ទុកថាជាប្រភេទទិដ្ឋាការដែលមានគោលបំណងពីរ ។ បើយើងនិយាយតាមច្បាប់ វាស្ថិតនៅក្នុងប្រភេទទិដ្ឋាការមិនមែនអន្តោប្រវេសន៍ ប៉ុន្តែចំពោះការដំណើរការនៅក្នុងកុងស៊ុល និងដំណើរការនៃដាក់ពាក្យ វាត្រូវបានគេគិតថាមានបំណងដើម្បីទទួលបានទិដ្ឋាការអន្តោប្រវេសន៍ ដូចជាទិដ្ឋាការប្រភេទប្តីប្រពន្ធ ឬ CR-1 ឬ IR-1 ដែរ ប៉ុន្តែលើកលែងតែទិដ្ឋាការប្រភេទ K-3 ។ ដូច្នេះ ជាសរុបរួមនៅក្នុងវីដេអូនេះ ដំណើរការនៃការដាក់ពាក្យសុំយកគូដណ្ដឹងជនជាតិខ្មែរទៅកាន់សហរដ្ឋអាមេរិក ចាប់ផ្ដើមពីសហរដ្ឋអាមេរិក ដំណើរការតាមរយៈភ្នាក់ងារមួយចំនួននៅទីនោះ មុនពេលបញ្ជូនទៅដល់ស្ថានទូតសហរដ្ឋអាមេរិកប្រចាំនៅរាជធានីភ្នំពេញ ។ បន្ទាប់មកទៀត មានឯកសារជាច្រើនដែលពាក់នឹងដំណើរការរួម និងឯកសារមួយចំនួនដែលត្រូវបកប្រែពីភាសាខ្មែរ ទៅអង់គ្លេស ។ សំរាប់សេវាកម្មរបស់យើងខ្ញុំ យើងអាចធ្វើការបកប្រែឯកសារទាំងនោះបាន ដែលវាគឺជាផ្នែកដ៏សំខាន់មួយនៃអ្វីយើងត្រូវធ្វើការរត់ការជាធម្មតា ។ ជារឿយៗ ខ្ញុំត្រូវទៅរាជធានីភ្នំពេញ ដើម្បីដោះស្រាយសំណុំរឿងជាមួយអតិថិជន ហើយពេលខ្លះអាចនឹងត្រូវការការបកប្រែដែរ ។ ប៉ុន្តែនិយាយជារួមទៅ បើយើងមើលទៅលើលក្ខណៈទូទៅនៃដំណើរការនៃការដាក់ពាក្យនេះ ហើយនិងអ្វីដែលយើងអាចជួយបានប្រសិនបើចាំបាច់ គឺថាវាត្រូវចាប់ផ្ដើមចេញពីសហរដ្ឋអាមេរិក ហើយនិងមកស្ថានទូតជាចុងក្រោយ ។ ខ្ញុំគិតថាវាអាចនឹងទាមទារពេលប្រហែលជា ៨ ឬ ៩ខែជាមធ្យម សំរាប់ដំណើរការទាំងអស់ដើម្បីទទួលបានទិដ្ឋាការប្រភេទ K-1 ។ វាអាចដំណើរការលឿន ឬយឺតជាងនេះ ។ អ្វីដែលត្រូវចាំពាក់ព័ន្ធនឹងពាក្យសុំទិដ្ឋាការទៅសហរដ្ឋអាមេរិក គឺថាវាដូចជាដុំព្រិលអញ្ចឹង ដុំនីមួយៗមានលក្ខណៈពិសេសខុសៗគ្នា ហើយអ្នកអាចនឹងឃើញថាសំណុំរឿងមួយអាចនឹងដំណើរការយ៉ាងលឿនដោយនឹកស្មានមិនដល់ ។ យើងធ្លាប់រត់ការសំណុំរឿងមួយដែលដំណើរការយ៉ាងលឿន បើប្រៀបធៀបទៅនឹងសំណុំរឿងផ្សេងៗទៀតជាមធ្យម ហើយខ្ញុំគិតថានេះគឺដោយសារតែវាទៅកាន់ចំទីកន្លែង និងពេលវេលាដែលត្រូវជាទីបំផុត ដែលធ្វើអោយវាដំណើរការលឿន ខណៈពេលដែលសំណុំរឿងខ្លះដំណើរការយឺត ។ សំណុំរឿងនីមួយៗមានលក្ខណៈខុសៗគ្នាទៅតាមសំណុំរឿង និងស្ថានភាពផ្សេងៗគ្នា ប៉ុន្តែដូចអ្វីដែលយើងបាននិយាយ ទិដ្ឋាការប្រភេទ K-1 សំរាប់ពលរដ្ឋខ្មែរ គឺត្រូវចាប់ផ្ដើមចេញពីសហរដ្ឋអាមេរិក ហើយវានឹងត្រូវមកបញ្ចប់នៅក្នុងប្រទេសកម្ពុជា ។ បន្ទាប់ពីពលរដ្ឋខ្មែរនោះធ្វើដំណើរទៅកាន់សហរដ្ឋអាមេរិក ហើយរៀបការជាមួយគូដណ្ដឹងដែលមានសញ្ជាតិអាមេរិករបស់គេហើយ ពួកគេអាចដាក់ពាក្យសុំផ្លាស់ប្ដូរស្ថានភាពអន្តោប្រវេសន៍ និងទទួលបានប័ណ្ណ Green Card នៅក្នុងសហរដ្ឋអាមេរិក ។

2012 Holiday Closing Schedule For US Embassy In Phnom Penh, Cambodia

admin — Fri, 03 Feb 2012 02:04:26 +0000

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

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

For further information from the aforementioned website please click HERE.

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

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

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

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

USCIS Processing Times: K-1, K-2, K-3, K-4, CR-1, IR-1, EB-5, E-2, AP, EAD

admin — Mon, 22 Aug 2011 03:02:36 +0000

Those who read this blog with any frequency may be aware that the administration routinely posts the estimated processing times of the United States Citizenship and Immigration Service (USCIS) as a courtesy to the public-at-large. To quote directly from the official website of the USCIS, USCIS.gov:

Field Office Processing Dates for **California Service Center** as of: **June 30, 2011**
Form	Title	Classification or Basis for Filing:	Processing Timeframe:
I-102	Application for Replacement/Initial Nonimmigrant Arrival/Departure Record	Initial issuance or replacement of a Form I-94	2.5 Months
I-129	Petition for A Nonimmigrant Worker	Blanket L	2 Months
I-129	Petition for A Nonimmigrant Worker	E – Treaty traders and investors	2 Months
I-129	Petition for A Nonimmigrant Worker	H-1B – Specialty occupation – Visa to be issued abroad	2 Months
I-129	Petition for A Nonimmigrant Worker	H-1B – Specialty occupation – Change of status in the U.S.	2 Months
I-129	Petition for A Nonimmigrant Worker	H-1B – Specialty occupation – Extension of stay in the U.S.	2 Months
I-129	Petition for A Nonimmigrant Worker	H-2A – Temporary workers	1 Months
I-129	Petition for A Nonimmigrant Worker	H-2B – Other temporary workers	1 Months
I-129	Petition for A Nonimmigrant Worker	H-3 – Temporary trainees	2 Months
I-129	Petition for A Nonimmigrant Worker	L – Intracompany transfers	1 Months
I-129	Petition for A Nonimmigrant Worker	O – Extraordinary ability	2 Weeks
I-129	Petition for A Nonimmigrant Worker	P – Athletes, artists, and entertainers	2 Weeks
I-129	Petition for A Nonimmigrant Worker	Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process	2 Months
I-129	Petition for A Nonimmigrant Worker	R – Religious occupation	5 Months
I-129	Petition for A Nonimmigrant Worker	TN – North American Free Trade Agreement (NAFTA) professional	2 Months
I-129F	Petition for Alien Fiance(e)	K-1/K-2 – Not yet married – fiance and/or dependent child	5 Months
I-129F	Petition for Alien Fiance(e)	K-3/K-4 – Already married – spouse and/or dependent child	5 Months
I-130	Petition for Alien Relative	Permanent resident filling for a spouse or child under 21	5 Months
I-130	Petition for Alien Relative	U.S. citizen filing for a spouse, parent, or child under 21	5 Months
I-130	Petition for Alien Relative	U.S. citizen filing for an unmarried son or daughter over 21	September 27, 2007
I-130	Petition for Alien Relative	Permanent resident filling for an unmarried son or daughter over 21	May 7, 2010
I-130	Petition for Alien Relative	U.S. citizen filing for a married son or daughter over 21	June 1, 2010
I-130	Petition for Alien Relative	U.S. citizen filing for a brother or sister	April 25, 2007
I-131	Application for Travel Document	All other applicants for advance parole	3 Months
I-360	Petition for Amerasian, Widow(er), or Special Immigrant	All other special immigrants	5 Months
I-360	Petition for Amerasian, Widow(er), or Special Immigrant	Religious workers	5 Months
I-485	Application to Register Permanent Residence or to Adjust Status	Employment-based adjustment applications	4 Months
I-526	Immigrant Petition By Alien Entrepreneur	For use by an entrepreneur who wishes to immigrate to the United States	5 Months
I-539	Application to Extend/Change Nonimmigrant Status	Change status to the F or M academic or vocational student categories	2.5 Months
I-539	Application to Extend/Change Nonimmigrant Status	Change of status to H or L dependents	2.5 Months
I-539	Application to Extend/Change Nonimmigrant Status	Change Status to the J exchange visitor category	2.5 Months
I-539	Application to Extend/Change Nonimmigrant Status	All other change of status applications	2.5 Months
I-539	Application to Extend/Change Nonimmigrant Status	Extension of Stay for F or M academic or vocational students	2.5 Months
I-539	Application to Extend/Change Nonimmigrant Status	Extension of stay for H and L dependents	2.5 Months
I-539	Application to Extend/Change Nonimmigrant Status	Extension of Stay for J exchange visitors	2.5 Months
I-539	Application to Extend/Change Nonimmigrant Status	All other extension applications	2.5 Months
I-612	Application for Waiver of the Foreign Residence Requirement	Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution	4 Months
I-751	Petition to Remove the Conditions on Residence	Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents	6 Months
I-765	Application for Employment Authorization	Based on an approved asylum application [(a)(5)]	3 Months
I-765	Application for Employment Authorization	Based on a request by a qualified F-1 academic student. [(c)(3)]	3 Months
I-765	Application for Employment Authorization	Based on a pending asylum application [(c)(8)]	3 Weeks
I-765	Application for Employment Authorization	Based on a pending I-485 adjustment application [(c)(9)]	3 Months
I-765	Application for Employment Authorization	Based on TPS for El Salvador [(c)(19)(a)(12)]	3 Months
I-765	Application for Employment Authorization	Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)]	3 Months
I-765	Application for Employment Authorization	All other applications for employment authorization	3 Months
I-817	Application for Family Unity Benefits	Voluntary departure under the family unity program	6 Months
I-821	Application for Temporary Protected Status	El Salvador extension	3 Months
I-821	Application for Temporary Protected Status	El Salvador initial or late filing	3 Months
I-821	Application for Temporary Protected Status	Honduras and Nicaragua extension	3 Months
I-821	Application for Temporary Protected Status	Honduras and Nicaragua initial or late filing	3 Months
I-824	Application for Action on an Approved Application or Petition	To request further action on an approved application or petition	3 Months
I-829	Petition by Entrepreneur to Remove Conditions	Removal of lawful permanent resident conditions (immigrant investors)	6 Months
I-829	Petition by Entrepreneur to Remove Conditions	Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273	September 12, 1997

Field Office Processing Dates for **Nebraska Service Center** as of: **June 30, 2011**
Form	Title	Classification or Basis for Filing:	Processing Timeframe:
I-102	Application for Replacement/Initial Nonimmigrant Arrival/Departure Record	Initial issuance or replacement of a Form I-94	2.5 Months
I-129	Petition for A Nonimmigrant Worker	Blanket L	2 Months
I-129	Petition for A Nonimmigrant Worker	E – Treaty traders and investors	2 Months
I-129	Petition for A Nonimmigrant Worker	H-1B – Specialty occupation – Visa to be issued abroad	2 Months
I-129	Petition for A Nonimmigrant Worker	H-1B – Specialty occupation – Change of status in the U.S.	2 Months
I-129	Petition for A Nonimmigrant Worker	H-1B – Specialty occupation – Extension of stay in the U.S.	2 Months
I-129	Petition for A Nonimmigrant Worker	H-1C – Nurses	2 Months
I-129	Petition for A Nonimmigrant Worker	H-2A – Temporary workers	1 Months
I-129	Petition for A Nonimmigrant Worker	H-2B – Other temporary workers	1 Months
I-129	Petition for A Nonimmigrant Worker	H-3 – Temporary trainees	2 Months
I-129	Petition for A Nonimmigrant Worker	L – Intracompany transfers	1 Months
I-129	Petition for A Nonimmigrant Worker	O – Extraordinary ability	2 Weeks
I-129	Petition for A Nonimmigrant Worker	P – Athletes, artists, and entertainers	2 Weeks
I-129	Petition for A Nonimmigrant Worker	Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process	2 Months
I-129	Petition for A Nonimmigrant Worker	R – Religious occupation	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	December 31, 2007
I-129F	Petition for Alien Fiance(e)	K-3/K-4 – Already married – spouse and/or dependent child	December 31, 2007
I-130	Petition for Alien Relative	Permanent resident filling for a spouse or child under 21	July 31, 2009
I-130	Petition for Alien Relative	U.S. citizen filing for an unmarried son or daughter over 21	July 31, 2009
I-130	Petition for Alien Relative	Permanent resident filling for an unmarried son or daughter over 21	July 31, 2009
I-130	Petition for Alien Relative	U.S. citizen filing for a married son or daughter over 21	July 31, 2009
I-130	Petition for Alien Relative	U.S. citizen filing for a brother or sister	July 31, 2009
I-131	Application for Travel Document	Refugee or asylee applying for a refugee travel document	3 Months
I-131	Application for Travel Document	Permanent resident applying for a re-entry permit	3 Months
I-131	Application for Travel Document	Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole	3 Months
I-131	Application for Travel Document	Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole	3 Months
I-131	Application for Travel Document	All other applicants for advance parole	3 Months
I-140	Immigrant Petition for Alien Worker	Extraordinary ability	4 Months
I-140	Immigrant Petition for Alien Worker	Outstanding professor or researcher	4 Months
I-140	Immigrant Petition for Alien Worker	Multinational executive or manager	4 Months
I-140	Immigrant Petition for Alien Worker	Advanced degree or exceptional ability	4 Months
I-140	Immigrant Petition for Alien Worker	Skilled worker or professional	4 Months
I-140	Immigrant Petition for Alien Worker	Unskilled worker	4 Months
I-140	Immigrant Petition for Alien Worker	Advanced degree or exceptional ability requesting a National Interest Waiver	4 Months
I-140	Immigrant Petition for Alien Worker	Schedule A Nurses	4 Months
I-212	Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal	Readmission after deportation or removal	November 9, 2008
I-360	Petition for Amerasian, Widow(er), or Special Immigrant	All other special immigrants	5 Months
I-360	Petition for Amerasian, Widow(er), or Special Immigrant	Violence Against Women Act (VAWA)	November 9, 2008
I-360	Petition for Amerasian, Widow(er), or Special Immigrant	Religious workers	5 Months
I-485	Application to Register Permanent Residence or to Adjust Status	Employment-based adjustment applications	January 28, 2011
I-485	Application to Register Permanent Residence or to Adjust Status	Based on grant of asylum more than 1 year ago	4 Months
I-485	Application to Register Permanent Residence or to Adjust Status	Based on refugee admission more than 1 year ago	4 Months
I-526	Immigrant Petition By Alien Entrepreneur	For use by an entrepreneur who wishes to immigrate to the United States	5 Months
I-539	Application to Extend/Change Nonimmigrant Status	Change status to the F or M academic or vocational student categories	January 25, 2011
I-539	Application to Extend/Change Nonimmigrant Status	Change of status to H or L dependents	January 25, 2011
I-539	Application to Extend/Change Nonimmigrant Status	Change Status to the J exchange visitor category	January 25, 2011
I-539	Application to Extend/Change Nonimmigrant Status	All other change of status applications	January 25, 2011
I-539	Application to Extend/Change Nonimmigrant Status	Extension of Stay for F or M academic or vocational students	January 25, 2011
I-539	Application to Extend/Change Nonimmigrant Status	Extension of stay for H and L dependents	January 25, 2011
I-539	Application to Extend/Change Nonimmigrant Status	Extension of Stay for J exchange visitors	January 25, 2011
I-539	Application to Extend/Change Nonimmigrant Status	All other extension applications	January 25, 2011
I-612	Application for Waiver of the Foreign Residence Requirement	Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution	June 27, 2010
I-730	Refugee/Asylee Relative Petition	Petition for accompanying family members of a refugee or an asylee	5 Months
I-765	Application for Employment Authorization	Based on an approved asylum application [(a)(5)]	3 Months
I-765	Application for Employment Authorization	Based on a request by a qualified F-1 academic student. [(c)(3)]	3 Months
I-765	Application for Employment Authorization	Based on a pending asylum application [(c)(8)]	3 Weeks
I-765	Application for Employment Authorization	Based on a pending I-485 adjustment application [(c)(9)]	3 Months
I-765	Application for Employment Authorization	Based on TPS for El Salvador [(c)(19)(a)(12)]	3 Months
I-765	Application for Employment Authorization	Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)]	3 Months
I-765	Application for Employment Authorization	All other applications for employment authorization	3 Months
I-821	Application for Temporary Protected Status	El Salvador extension	January 21, 2011
I-821	Application for Temporary Protected Status	El Salvador initial or late filing	January 21, 2011
I-821	Application for Temporary Protected Status	Honduras and Nicaragua extension	January 21, 2011
I-821	Application for Temporary Protected Status	Honduras and Nicaragua initial or late filing	January 21, 2011
I-824	Application for Action on an Approved Application or Petition	To request further action on an approved application or petition	February 4, 2011
I-829	Petition by Entrepreneur to Remove Conditions	Removal of lawful permanent resident conditions (immigrant investors)	6 Months
I-829	Petition by Entrepreneur to Remove Conditions	Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273	6 Months
I-90	Application to Replace Permanent Resident Card	Initial issuance or replacement	3.5 Months
I-90	Application to Replace Permanent Resident Card	10-year renewal	March 15, 2011
I-90A	Application to Replace Permanent Resident Card	Initial issuance or replacement for Special Agricultral Workers (SAW)	3.5 Months
N-565	Application for Replacement Naturalization/Citizenship Document	U.S. citizen applying for a replacement of naturalization or citizenship certificate	6 Months
N-600	Application for Certification of Citizenship	Application for recognition of U.S. citizenship	5 Months
N-643	Application for Certification of Citizenship on Behalf of an Adopted Child	Application for recognition of U.S. citizenship on behalf of an adopted child	5 Months

Field Office Processing Dates for **Texas Service Center** as of: **June 30, 2011**
Form	Title	Classification or Basis for Filing:	Processing Timeframe:
I-102	Application for Replacement/Initial Nonimmigrant Arrival/Departure Record	Initial issuance or replacement of a Form I-94	March 22, 2011
I-129	Petition for A Nonimmigrant Worker	Blanket L	December 27, 2007
I-129	Petition for A Nonimmigrant Worker	E – Treaty traders and investors	December 27, 2007
I-129	Petition for A Nonimmigrant Worker	H-1B – Specialty occupation – Visa to be issued abroad	December 27, 2007
I-129	Petition for A Nonimmigrant Worker	H-1B – Specialty occupation – Change of status in the U.S.	December 27, 2007
I-129	Petition for A Nonimmigrant Worker	H-1B – Specialty occupation – Extension of stay in the U.S.	December 27, 2007
I-129	Petition for A Nonimmigrant Worker	H-1C – Nurses	December 27, 2007
I-129	Petition for A Nonimmigrant Worker	H-2A – Temporary workers	December 27, 2007
I-129	Petition for A Nonimmigrant Worker	H-2B – Other temporary workers	December 27, 2007
I-129	Petition for A Nonimmigrant Worker	H-3 – Temporary trainees	December 27, 2007
I-129	Petition for A Nonimmigrant Worker	L – Intracompany transfers	1 Months
I-129	Petition for A Nonimmigrant Worker	O – Extraordinary ability	December 27, 2007
I-129	Petition for A Nonimmigrant Worker	P – Athletes, artists, and entertainers	December 27, 2007
I-129	Petition for A Nonimmigrant Worker	Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process	December 27, 2007
I-129	Petition for A Nonimmigrant Worker	R – Religious occupation	December 27, 2007
I-129	Petition for A Nonimmigrant Worker	TN – North American Free Trade Agreement (NAFTA) professional	December 27, 2007
I-129F	Petition for Alien Fiance(e)	K-1/K-2 – Not yet married – fiance and/or dependent child	5 Months
I-129F	Petition for Alien Fiance(e)	K-3/K-4 – Already married – spouse and/or dependent child	5 Months
I-130	Petition for Alien Relative	Permanent resident filling for a spouse or child under 21	5 Months
I-130	Petition for Alien Relative	U.S. citizen filing for a spouse, parent, or child under 21	5 Months
I-130	Petition for Alien Relative	U.S. citizen filing for an unmarried son or daughter over 21	5 Months
I-130	Petition for Alien Relative	Permanent resident filling for an unmarried son or daughter over 21	5 Months
I-130	Petition for Alien Relative	U.S. citizen filing for a married son or daughter over 21	5 Months
I-130	Petition for Alien Relative	U.S. citizen filing for a brother or sister	5 Months
I-131	Application for Travel Document	Refugee or asylee applying for a refugee travel document	3 Months
I-131	Application for Travel Document	Permanent resident applying for a re-entry permit	3 Months
I-131	Application for Travel Document	Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole	3 Months
I-131	Application for Travel Document	Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole	3 Months
I-131	Application for Travel Document	All other applicants for advance parole	3 Months
I-140	Immigrant Petition for Alien Worker	Extraordinary ability	October 2, 2010
I-140	Immigrant Petition for Alien Worker	Outstanding professor or researcher	October 2, 2010
I-140	Immigrant Petition for Alien Worker	Multinational executive or manager	October 2, 2010
I-140	Immigrant Petition for Alien Worker	Advanced degree or exceptional ability	October 9, 2010
I-140	Immigrant Petition for Alien Worker	Skilled worker or professional	September 30, 2010
I-140	Immigrant Petition for Alien Worker	Unskilled worker	September 30, 2010
I-140	Immigrant Petition for Alien Worker	Advanced degree or exceptional ability requesting a National Interest Waiver	September 28, 2010
I-140	Immigrant Petition for Alien Worker	Schedule A Nurses	October 9, 2010
I-212	Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal	Readmission after deportation or removal	July 31, 2009
I-360	Petition for Amerasian, Widow(er), or Special Immigrant	All other special immigrants	October 15, 2010
I-360	Petition for Amerasian, Widow(er), or Special Immigrant	Violence Against Women Act (VAWA)	July 31, 2009
I-360	Petition for Amerasian, Widow(er), or Special Immigrant	Religious workers	October 15, 2010
I-485	Application to Register Permanent Residence or to Adjust Status	Employment-based adjustment applications	December 3, 2010
I-485	Application to Register Permanent Residence or to Adjust Status	Under the Haitian Refugee Immigrant Fairness Act (HRIFA)	4 Months
I-485	Application to Register Permanent Residence or to Adjust Status	Under the Indochinese Adjustment Act	4 Months
I-485	Application to Register Permanent Residence or to Adjust Status	Under the Nicaraguan and Central American Relief Act (NACARA)	4 Months
I-485	Application to Register Permanent Residence or to Adjust Status	Based on grant of asylum more than 1 year ago	December 31, 2010
I-485	Application to Register Permanent Residence or to Adjust Status	Based on refugee admission more than 1 year ago	4 Months
I-526	Immigrant Petition By Alien Entrepreneur	For use by an entrepreneur who wishes to immigrate to the United States	September 29, 2008
I-612	Application for Waiver of the Foreign Residence Requirement	Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution	4 Months
I-730	Refugee/Asylee Relative Petition	Petition for accompanying family members of a refugee or an asylee	December 31, 2010
I-751	Petition to Remove the Conditions on Residence	Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents	June 29, 2008
I-765	Application for Employment Authorization	Based on an approved asylum application [(a)(5)]	3 Months
I-765	Application for Employment Authorization	Based on a request by a qualified F-1 academic student. [(c)(3)]	3 Months
I-765	Application for Employment Authorization	Based on a pending asylum application [(c)(8)]	3 Weeks
I-765	Application for Employment Authorization	Based on a pending I-485 adjustment application [(c)(9)]	3 Months
I-765	Application for Employment Authorization	Based on TPS for El Salvador [(c)(19)(a)(12)]	3 Months
I-765	Application for Employment Authorization	Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)]	3 Months
I-765	Application for Employment Authorization	All other applications for employment authorization	3 Months
I-817	Application for Family Unity Benefits	Voluntary departure under the family unity program	December 31, 2010
I-824	Application for Action on an Approved Application or Petition	To request further action on an approved application or petition	August 16, 2010
I-90	Application to Replace Permanent Resident Card	Initial issuance or replacement	May 31, 2010
N-565	Application for Replacement Naturalization/Citizenship Document	U.S. citizen applying for a replacement of naturalization or citizenship certificate	6 Months
N-600	Application for Certification of Citizenship	Application for recognition of U.S. citizenship	5 Months

Field Office Processing Dates for **Vermont Service Center** as of: **June 30, 2011**
Form	Title	Classification or Basis for Filing:	Processing Timeframe:
I-102	Application for Replacement/Initial Nonimmigrant Arrival/Departure Record	Initial issuance or replacement of a Form I-94	2.5 Months
I-129	Petition for A Nonimmigrant Worker	Blanket L	April 24, 2011
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-1C – Nurses	2 Months
I-129	Petition for A Nonimmigrant Worker	H-2A – Temporary workers	1 Months
I-129	Petition for A Nonimmigrant Worker	H-2B – Other temporary workers	1 Months
I-129	Petition for A Nonimmigrant Worker	H-3 – Temporary trainees	2 Months
I-129	Petition for A Nonimmigrant Worker	L – Intracompany transfers	April 24, 2011
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	September 11, 2010
I-130	Petition for Alien Relative	U.S. citizen filing for a spouse, parent, or child under 21	5 Months
I-130	Petition for Alien Relative	U.S. citizen filing for an unmarried son or daughter over 21	5 Months
I-130	Petition for Alien Relative	Permanent resident filling for an unmarried son or daughter over 21	5 Months
I-130	Petition for Alien Relative	U.S. citizen filing for a married son or daughter over 21	5 Months
I-130	Petition for Alien Relative	U.S. citizen filing for a brother or sister	July 24, 2010
I-131	Application for Travel Document	Refugee or asylee applying for a refugee travel document	March 1, 2011
I-131	Application for Travel Document	Permanent resident applying for a re-entry permit	March 1, 2011
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	October 31, 2007
I-140	Immigrant Petition for Alien Worker	Outstanding professor or researcher	October 31, 2007
I-140	Immigrant Petition for Alien Worker	Multinational executive or manager	October 31, 2007
I-140	Immigrant Petition for Alien Worker	Advanced degree or exceptional ability	October 31, 2007
I-140	Immigrant Petition for Alien Worker	Skilled worker or professional	October 31, 2007
I-140	Immigrant Petition for Alien Worker	Unskilled worker	October 31, 2007
I-140	Immigrant Petition for Alien Worker	Advanced degree or exceptional ability requesting a National Interest Waiver	October 31, 2007
I-140	Immigrant Petition for Alien Worker	Schedule A Nurses	October 31, 2007
I-212	Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal	Readmission after deportation or removal	4 Months
I-360	Petition for Amerasian, Widow(er), or Special Immigrant	All other special immigrants	5 Months
I-360	Petition for Amerasian, Widow(er), or Special Immigrant	Violence Against Women Act (VAWA)	5 Months
I-360	Petition for Amerasian, Widow(er), or Special Immigrant	Religious workers	5 Months
I-485	Application to Register Permanent Residence or to Adjust Status	Employment-based adjustment applications	January 30, 2011
I-485	Application to Register Permanent Residence or to Adjust Status	Under the Haitian Refugee Immigrant Fairness Act (HRIFA)	4 Months
I-485	Application to Register Permanent Residence or to Adjust Status	Under the Indochinese Adjustment Act	4 Months
I-485	Application to Register Permanent Residence or to Adjust Status	Under the Nicaraguan and Central American Relief Act (NACARA)	4 Months
I-485	Application to Register Permanent Residence or to Adjust Status	Based on grant of asylum more than 1 year ago	4 Months
I-485	Application to Register Permanent Residence or to Adjust Status	Based on refugee admission more than 1 year ago	4 Months
I-526	Immigrant Petition By Alien Entrepreneur	For use by an entrepreneur who wishes to immigrate to the United States	5 Months
I-539	Application to Extend/Change Nonimmigrant Status	Change status to the F or M academic or vocational student categories	March 13, 2011
I-539	Application to Extend/Change Nonimmigrant Status	Change of status to H or L dependents	March 13, 2011
I-539	Application to Extend/Change Nonimmigrant Status	Change Status to the J exchange visitor category	March 13, 2011
I-539	Application to Extend/Change Nonimmigrant Status	All other change of status applications	March 13, 2011
I-539	Application to Extend/Change Nonimmigrant Status	Extension of Stay for F or M academic or vocational students	March 13, 2011
I-539	Application to Extend/Change Nonimmigrant Status	Extension of stay for H and L dependents	March 13, 2011
I-539	Application to Extend/Change Nonimmigrant Status	Extension of Stay for J exchange visitors	March 13, 2011
I-539	Application to Extend/Change Nonimmigrant Status	All other extension applications	March 13, 2011
I-612	Application for Waiver of the Foreign Residence Requirement	Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution	4 Months
I-751	Petition to Remove the Conditions on Residence	Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents	6 Months
I-765	Application for Employment Authorization	Based on an approved asylum application [(a)(5)]	3 Months
I-765	Application for Employment Authorization	Based on a request by a qualified F-1 academic student. [(c)(3)]	3 Months
I-765	Application for Employment Authorization	Based on a pending asylum application [(c)(8)]	May 22, 2011
I-765	Application for Employment Authorization	Based on a pending I-485 adjustment application [(c)(9)]	3 Months
I-765	Application for Employment Authorization	Based on TPS for El Salvador [(c)(19)(a)(12)]	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	All other applications for employment authorization	3 Months
I-817	Application for Family Unity Benefits	Voluntary departure under the family unity program	6 Months
I-821	Application for Temporary Protected Status	El Salvador extension	October 31, 2010
I-821	Application for Temporary Protected Status	El Salvador initial or late filing	October 31, 2010
I-821	Application for Temporary Protected Status	Honduras and Nicaragua extension	October 31, 2010
I-821	Application for Temporary Protected Status	Honduras and Nicaragua initial or late filing	October 31, 2010
I-824	Application for Action on an Approved Application or Petition	To request further action on an approved application or petition	3 Months
I-829	Petition by Entrepreneur to Remove Conditions	Removal of lawful permanent resident conditions (immigrant investors)	6 Months
I-829	Petition by Entrepreneur to Remove Conditions	Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273	6 Months
I-90	Application to Replace Permanent Resident Card	Initial issuance or replacement	3.5 Months
I-90	Application to Replace Permanent Resident Card	10-year renewal	March 31, 2009
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	4 Months
N-565	Application for Replacement Naturalization/Citizenship Document	U.S. citizen applying for a replacement of naturalization or citizenship certificate	6 Months
N-600	Application for Certification of Citizenship	Application for recognition of U.S. citizenship	5 Months
N-643	Application for Certification of Citizenship on Behalf of an Adopted Child	Application for recognition of U.S. citizenship on behalf of an adopted child	5 Months

Readers should be aware that the processing times noted above do NOT include consideration of the processing times at the National Visa Center (NVC) nor the Consular Processing times of each particular US Embassy, US Consulate, or American Institute abroad.

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

Analyzing The K-1 Visa And The CR-1 Visa Under Current Processing Conditions

admin — Sun, 22 May 2011 02:10:29 +0000

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.

Rule Change Expands Consular Officers’ Discretion Regarding Visa Revocation

admin — Sat, 30 Apr 2011 04:42:41 +0000

It recently came to this blogger’s attention that the discretionary powers accorded to Consular Officers at United States Missions abroad with regard to visa issuance are to be expanded to provide further latitude to Consular Officers with regard to the revocation of US visas. To quote directly from Justia.com:

This rule changes Department regulations to broaden the authority of a consular officer to revoke a visa at any time subsequent to issuance of the visa, in his or her discretion. These changes to the Department’s revocation regulations expand consular officer visa revocation authority to the full extent allowed by statute. Additionally, this rule change allows consular officers and designated officials within the Department to revoke a visa provisionally while considering a final visa revocation.

Clearly, this rule would expand the authority currently granted to Consular Officers in adjudicating American visa matters. For those who are unfamiliar with this topic it should be noted that Consular Officers currently maintain virtually un-reviewable discretion in matters pertaining to US visa application adjudication. This discretion occurs pursuant to a doctrine referred to as Consular Non-Reviewability (or colloquially referred to as Consular Absolutism). Pursuant to the philosophy underlying this doctrine Courts in the United States are unlikely to review the decisions of a Consular Officer at a US Embassy or US Consulate abroad unless the Consular Officer’s decision in the matter appears “facially illegitimate” to the Court of competent jurisdiction.

Bearing this in mind the announcement went on to point out the reasoning behind the recent decision to make this rule change:

On occasion, after a visa has been issued, the Department or a consular officer may determine that a visa should be revoked when information reveals that the applicant was originally or has since become ineligible or may be ineligible to possess a U.S. visa. Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) (INA) authorizes the Secretary and consular officers to revoke a visa in their discretion. Current regulations limit the circumstances in which consular officers may revoke visas. In light of security concerns, this amendment grants additional authority to consular officers to revoke visas, consistent with the statutory provisions of the INA. Although this rule eliminates the provisions that permit reconsideration of a revocation, it also allows for the provisional revocation of a visa when there is a need for further consideration of information that might lead to a final revocation. In cases where the person subject to a provisional revocation is found to be eligible for the visa, the visa will be reinstated with no need for reapplication. However, with the exception of provisional revocations, an applicant whose visa has been revoked must apply for another visa, at which time his or her eligibility for the visa will be adjudicated.

In this blogger’s opinion, this rule change could have significant ramifications for prospective visa applicants. That stated, it remains to be seen what the practical implications of this rule change will be. The administration of this web log strongly encourages readers to click on the above hyperlinks to learn more about this topic on Justia.com.

It should be noted that within the text of this memo it was pointed out that this rule is being promulgated pursuant to the Administrative Procedure Act. To quote one final time from the aforementioned document:

This regulation involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. 553 (a) (1), is not subject to the rule making procedures set forth at 5 U.S.C. 553.

Those who have read this blog in the past may recall that the United States Department of State maintains a mandate to conduct the foreign affairs of the United States and one of the duties that is entailed within this mandate is the duty to adjudicate applications for a US visa. This can include applications for visas such as the B-2 visa (for those wishing to engage in recreational travel in the United States), the K-1 visa (a US fiance visa for the foreign fiance of a US Citizen), the CR-1 visa or IR-1 visa (for the spouse of an American Citizen or Lawful Permanent Resident), or, in increasingly rare instances, a K-3 visa (which is a non-immigrant spouse visa for the husband or wife of an American Citizen). It is even posited that this new discretion could have an effect upon adjudication of L-1 visa and EB-5 visa applications, as well as the possible aftermath thereof. In any case, increased Consular discretion is likely to have an impact upon visa applications across the categorical spectrum of American travel documents.

For related information please see: K-1 Visa Thailand or K-1 Visa Cambodia.

For information related to waivers of grounds of inadmissibility (ineligibility) please see: I-601 waiver or I-212 waiver.

USCIS Memorandum Details Processing Changes For Cases Under The Adam Walsh Act (AWA)

admin — Sat, 26 Mar 2011 02:50:43 +0000

It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) may be changing some of the procedures associated with the processing of immigration petitions pertaining to the application for issuance of the CR-1 visa, IR-1 visa, K-1 visa, and K-3 visa filed by United States Citizens and Lawful Permanent Residents. To quote directly from a recent USCIS Memo posted on ILW.com:

This memorandum provides guidance to USCIS service centers regarding changes in the handling of all stand-alone I-130 and I-129F petitions filed by petitioners who have been convicted of any “specified offense against a minor” under the Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act” or “AWA”) and related issues.1 This memorandum applies only to petitions that are adjudicated at the service centers and not to petitions adjudicated at USCIS field offices.

Generally I-130 petitions (the categorical designation used to refer to the petition for a CR-1 visa or an IR-1 visa) are processed by the USCIS Service Center designated by the lockbox upon receipt. In some cases, it may be possible to process an I-130 petition at one of the various USCIS field offices located abroad, such as the USCIS office in Bangkok. The I-129f petition (categorical designation used to denote the US fiance visa or K1 visa) can only be processed at a USCIS Service Center in the USA as the field offices overseas do not process such petitions as of the time of this writing. To quote further from the previously mentioned memorandum:

USCIS will centralize at VSC all files currently at service centers if the service center adjudicator has made a preliminary determination that the petition warrants review as an AWA-related case. The VSC will serve as a central clearinghouse for inquiries from Federal, State, and local agencies regarding AWA-related cases that are pending or were recently adjudicated at one of the four service centers [hereafter referred to as “originating service center” or “sending service center”]. While AWA-related cases require special handling, the decision to centralize AWA-related adjudications at the VSC will affect caseloads at other service centers only minimally.

Clearly, the United States Citizenship and Immigration Service (USCIS) is making policy changes in an effort to take steps to more efficiently process cases requiring further scrutiny pursuant to the Adam Walsh Act (AWA). In a way, the Vermont Service Center’s role in AWA-related cases is somewhat similar to the role of the National Visa Center in the overall US visa process as that agency is tasked with acting as a sort of clearinghouse for visa applications arriving from USCIS and being processed out to a US Embassy or US Consulate abroad. Although, NVC is under the authority of the Department of State whereas the Vermont Service Center (like the other USCIS Service Centers) is under the jurisdiction of the Department of Homeland Security (DHS) and USCIS.

For related information please see: Adam Walsh Act.

Cambodian Government Announces Changes To Rules Regarding Marriages Between Cambodian Women and Foreign Men

admin — Fri, 18 Mar 2011 08:36:02 +0000

It recently came to this blogger’s attention that the Cambodian government has changed some of the regulations regarding registration of marriage in that Kingdom. To quote directly from a recent posting on the blog United Khmer:

MALE foreigners over the age of 50 have been outlawed from marrying Cambodian women in the country under new rules designed to crack down on sham marriages and human trafficking, the government said today.

Human trafficking is a serious issue in many Asian nations including those comprising the Association of Southeast Asian Nations (ASEAN). The posting went on to further note:

Foreigners who earn less than $2,580 per month are also barred from wedding local women, foreign ministry spokesman Koy Kuong told AFP, but the restrictions do not apply to weddings taking place overseas.

It would seem as though the Cambodian government is also attempting to make rules in an attempt to ensure that those Cambodian women marrying foreign men are more likely to be materially provided for.

It is increasingly common for both men and women from the United States of America to travel to Southeast Asian nations such as Cambodia, Thailand, Indonesia, Vietnam, Myanmar (Burma), Laos, Malaysia, and Singapore for both business matters and pleasure. In some cases, American Citizens traveling abroad meet someone special and decide to bring their loved one back to the United States. Under such circumstances, it will likely be required that the foreign loved one obtain a United States visa.

Depending upon the unique facts of each given case couples may opt to apply for a US fiance visa (officially classified as a K-1 visa) or a spousal visa such as a CR-1 visa or, less commonly, a non-immigrant K-3 visa. Those couples who have been married for more than 2 years at the time of their admission to the United States are likely to see the prospective immigrant spouse admitted into the USA in IR-1 visa status.

The immigration process is a different experience for each couple and as the process evolves it also constantly changes. For this reason (likely amongst many others) some couples opt to retain the assistance of a professional to provide insight into the protocols associated with United States immigration. Under those circumstances, those seeking advice and counsel are well advised to ascertain the credentials of anyone claiming to be an American attorney as only a licensed attorney from the United States is permitted to practice United States Immigration law.

For related information please see: US tourist visa.

USCIS Announces Changes In Procedures For Those Filing A Notice Of Address Change

admin — Wed, 02 Mar 2011 06:55:55 +0000

It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) will be changing their procedures in matters pertaining to address changes. To quote directly from the website of the Division of International Services NIH Office of Research Services:

The U.S. Citizenship and Immigration Services (USCIS) has announced new mailing addresses for submitting the Form AR-11. The form must now be mailed to an office in Kentucky, and not to the USCIS Headquarters in Washington, D.C.

Forms submitted via the U.S. Postal Service should be sent to:

U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134

Forms submitted via commercial overnight or freight services should be sent to:

U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

Any forms previously mailed to the USCIS Headquarters will be forwarded to the Kentucky office. A new version of the Form AR-11, which includes the new mailing addresses, has been issued and is now available on the usCIS website (click here to download a copy of the form). Additional information on the change of address is available here on the USCIS website.

The administration of this blog highly recommends that readers click on the above link to read the full announcement.

This issue could be of particular importance for those who have recently filed a petition for immigration benefits and subsequently moved their place of residence. Also, those who enter the United States of America in K-1 visa status (the categorical name for the US fiance visa) should take note of the above announcements as K-1 visa holders are required to submit an application for adjustment of status in order to be granted lawful permanent residence in the USA. In some cases, a bi-national couple may find that they need to change their address while the adjustment of status is pending. Failure to advise the United States Citizenship and Immigration Service (USCIS) of such a change could result in processing delays or a situation in which a couple is not notified of an upcoming adjustment of status interview. This could result in the couple missing said interview and the K-1 fiancee falling out of status due to a deficient adjustment. For these reasons, keeping USCIS abreast of one’s address while a petition is pending is very prudent.

In a recent posting on this blog it was also noted that the USCIS has recently changed their policy regarding employment authorization and advance parole. The service is apparently issuing advance parole on the same document that grants employment authorization prior to adjustment. Advance parole is a benefit that can be granted to those holding K-1 visa status which allows the visa holder to leave the country while an adjustment is pending. Failure to obtain advance parole prior to leaving the USA could result in the K-1 visa beneficiary falling out of status and thereby requiring the process to be restarted all over again.

For related information please: K1 Visa Thailand.

USCIS To Create Single Card For Employment Authorization and Advance Parole

admin — Tue, 15 Feb 2011 07:44:56 +0000

It recently came to this blogger’s attention that the Department of Homeland Security‘s United States Citizenship and Immigration Service (USCIS) has implemented a program to issue advance parole authorization on the same document as that of employment authorization. To quote directly from the official website of the United States Citizenship and Immigration Service (USCIS):

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents.

The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, “Serves as I-512 Advance Parole.” A card with this text will serve as both an employment authorization and Advance Parole document. The new card is also more secure and more durable than the current paper Advance Parole document.

For those who are unfamiliar with the K-1 visa process, the adjustment of status occurs after a foreign fiancee arrives in America, marries the American petitioner, and files to have their status regularized to that of Lawful Permanent Resident. The card that is given to the foreign spouse is often colloquially referred to as a “Green Card”. Prior to adjustment of status, if a foreign fiancee leaves the USA, then they will need to obtain an advance parole travel document in order to keep their visa status alive and thereby permit reentry to the USA. Failure to obtain advance parole could result in a foreign fiancee losing his or her visa upon departure from the USA and thereby compelling them to go through the whole process anew.

An employment authorization document permits foreign fiancees in the United States on a K-1 visa to work prior to being approved for Green Card status. In many instances, couples opt not to apply for employment authorization and simply await the foreign fiance’s adjustment to Lawful Permanent Residence.

Once a foreign fiance is adjusted to lawful permanent residence, he or she may still be required to eventually apply for a lift of conditions. Those in the USA as a lawful permanent resident based upon marriage are placed in conditional status for the first two years of their presence in the USA if the couple was married less than 2 years at the time they acquired lawful permanent residence.

The above analysis could be utilized for K3 visa purposes as well. However, as the K-3 visa is currently being issued in very rare instances due to administrative closure policies at the National Visa Center, this blogger only mentions this issue as an aside.

For related information please see: K-1 Visa Thailand.

US Embassy Phnom Penh, Cambodia: Holiday Closing Schedule 2011

admin — Sun, 23 Jan 2011 01:46:21 +0000

The following is quoted directly from the official website of the United States Embassy in Phnom Phen, Cambodia:

Month	Day	Holiday	Khmer/U.S.
Dec 31, 2010	Fri	International New Year’s Day	U.S.
Jan 17	Mon	Birthday of Martin Luther King, Jr.	U.S.
Feb 21	Mon	George Washington’s Birthday	U.S.
Mar 8	Tue	International Women’s Day	Khmer
Apr 14	Thu	Khmer New Year’s Day	Khmer
Apr 15	Fri	Khmer New Year’s Day	Khmer
Apr 18	Mon	Khmer New Year’s Day	Khmer
May 13	Fri	King Sihamoni’s Birthday	Khmer
May 30	Mon	Memorial Day	U.S.
Jun 20	Mon	King Mother’s Birthday	Khmer
Jul 4	Mon	Independence Day	U.S.
Sep 5	Mon	Labor Day	U.S.
Sep 26	Mon	Pchum Ben Day	Khmer
Oct 10	Mon	Columbus Day	U.S.
Oct 31	Mon	King Father’s Birthday	Khmer
Nov 9	Wed	Independence Day	Khmer
Nov 10	Thu	Water Festival	Khmer
Nov 11	Fri	Veterans Day	U.S.
Nov 24	Thu	Thanksgiving Day	U.S.
Dec 26	Mon	Christmas	U.S.

Those wishing to visit the official homepage of the US Embassy in Cambodia please click HERE.

Those seeking services such as issuance of a Consular Report of Birth Abroad, US Passport, or the addition of visa pages to a previously issued US Passport are well advised to contact an American Citizen Services Section of a US Embassy, US Consulate, American Institute, or US Mission abroad. It should be noted that those seeking the aforementioned services may find processing streamlined when setting an appointment online in advance.

Those seeking a temporary visa such as a US B-2 visa (Tourist), F-1 visa (Student), J-1 visa (Exchange Visitor), B-1 visa (Business) are likely to see their visa application processed through a Non-Immigrant Visa (NIV) Unit abroad. It should be noted that those seeking a United States non-immigrant visa are likely to have their visa application scrutinized pursuant to section 214(b) of the United States Immigration and Nationality Act.

Those seeking immigrant family visa benefits such as an IR-1 visa or a CR-1 visa are likely see their visa application processed through an Immigrant Visa (IV) Unit of a US Post abroad. For processing purposes the K-1 visa (a non-immigrant US fiance visa) is treated in much the same way as the Immigrant visa categories. The same could once be said for the K-3 visa as well, but since the inception of the “administrative closure” policy K-3 visa applications are processed with far less frequency compared to years past.

Those seeking visas such as the EB-5 visa (Immigrant Investor Category) or the L-1 visa (intra-company transferees) are likely to only see their visa application processed after a positive adjudication of an immigration petition by the United States Citizenship and Immigration Service (USCIS).

For related information please see: K-1 Visa Cambodia or US Visa Cambodia.