Integrity Legal

Posts Tagged ‘K-3 Visa Taiwan’

23rd February 2011

In recent weeks it has come to this blogger’s attention, via organizations such as the American Immigration Lawyers Association (AILA) and through the website of the United States Citizenship and Immigration Service (USCIS), that the USCIS has made decisions which has lead to a delay in processing a relatively significant number of I-130 petitions for Immediate relative immigration benefits. To quote directly from the official website of the United States Citizenship and Immigration Service (USCIS):

In November 2010, USCIS transferred approximately 36,000 Immediate Relative petitions from our California Service Center to our Texas Service Center. We anticipated that this redistribution of work would result in more timely adjudication of these petitions. Due to a number of unforeseen circumstances at our Texas Service Center, many of these cases have not been processed and are beyond our estimated processing times. We sincerely regret any inconvenience this may have caused you and we are making every effort to remedy this situation as soon as possible.

It is easy to lay blame upon people and organizations. Those reading this piece should note that mistakes occur in life. Businesses, individuals, organizations, and governments do make mistakes and playing the “blame game” often yields little in terms of practical solutions. That said, the USCIS is a government entity and should be accountable for their mistakes. Clearly, the USCIS has taken responsibility for this error and has taken measures to rectify the situation. To quote further from the official website of the USCIS:

On Feb. 7, 2011, we implemented a rapid response plan to expedite the adjudication of these petitions. We have transferred a large number of these Immediate Relative petitions back to our California Service Center to take advantage of resources currently available to immediately process these cases. Petitioners will see an action such as an approval, denial or a Request for Evidence (RFE) on their case from our California or Texas Service Centers by the end of February. Additionally, we have briefed the Department of State’s National Visa Center about these cases.

USCIS’s efforts to solve this problem should not be overlooked. For those seeking an Immigrant visa for a foreign spouse, the K-3 visa has been used in the past to obtain an expedited travel document when the United States Citizenship and Immigration Service has a backlog of cases. In recent months, the United States National Visa Centerpiece  has had an “administrative closure” policy regarding those K-3 visa applications that arrive at the NVC with, or after, their I-130 counterparts. There are some who speculate that there might be more K-3 visas issued as a result of the backlog created from the situation note above. At the time of this writing, it remains unclear as to exactly how American Immigration officials will opt to deal with this matter.

For related information please see: USCIS processing time.

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14th February 2011

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

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

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

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

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

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

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

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

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20th October 2010

This blog frequently discusses American Immigration matters in a country-specific context in order to provide insight to those researching US Immigration issues for the first time. Some are not aware that in 2010 the United States National Visa Center (an agency under the jurisdiction of the US Department of State) promulgated the policy that K3 visa applications would be “administratively closed” if the underlying immigrant visa petition arrived at NVC prior to, or at the same time as, the K3 Visa petition.Those researching this issue for the first time may find a brief overview of the K3 visa’s history insightful as this may shed light upon the possible reasoning behind the “administrative closure” policy.

At one time, there was a rather large backlog of Immigrant spouse visa petitions (petitions for visas now classified as either a CR1 Visa or an IR1 Visa) at the United States Citizenship and Immigration Service (USCIS). Therefore, the United States Congress and President William Jefferson Clinton promulgated and executed legislation colloquially referred to as the “Life Act”. This statute effectively created the visa category known as the K-3 (for derivative dependents the visa category is a K-4 which is similar to the K-2 derivative visa associated with a K1 visa or fiance visa). Since the creation of the K-3 visa, the USCIS has cut down their backlog to the point where immigrant visa petitions are being adjudicated within a matter of months. As a result, there was a rather brief period of time in which USCIS was adjudicating immigrant visa petitions faster that K3 visa petitions. In any case, once USCIS has made their adjudication, such petitions are then sent to the NVC where they are the forwarded on to the US Mission, US Embassy, or US Consulate with appropriate jurisdiction for Consular Processing. At some point, a decision was made to “administratively close” K3 visa applications when the underlying immigrant visa petition arrives at NVC before, or contemporaneously with, the immigrant visa petition. In practical terms, this means that if the adjudicated immigrant visa petition arrives at NVC before the K3 petition, the K3 will be effectively set aside and the bi-national couple will be compelled to proceed with the immigrant visa process.

In a way, this policy makes some sense as the K3 visa’s utility is somewhat negated by the contemporaneous processing of an immigrant visa. As a result, at the time of this writing, there are many who feel that the K3 visa is not a particularly viable option for those Americans wishing to bring their Taiwanese husband or wife to the USA. It should be noted that the K3 visa was always a non-immigrant visa meaning that it did not confer lawful permanent residence upon the bearer when admitted to the USA. Those arriving in the USA on a K3 could choose to either consular process their immigrant visa application or file for adjustment of status in the USA.

For related information please see:  K1 Visa Taiwan or US Marriage Visa.

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