Readers may recall that the processing times noted above only pertain to the USCIS processing portion of the overall US visa process. Therefore, readers should not mistake the processing times noted above for the time it takes to actually acquire a visa. After a visa petition has been adjudicated by the officers at the USCIS, if approved, the case file is forwarded to the National Visa Center where it is then sent on to the US Embassy, American Institute, or US Consulate with appropriate Consular jurisdiction. This phase of the process is referred to as Consular Processing. Consular Processing can sometimes be quite quick while, in some cases, the process can be rather cumbersome if the facts of the case are extremely complex.

For related information please see: K1 Visa Thailand.

The complicated US visa system hurts tourism and must be reformed if the United States wants to attract lucrative tourism from countries such as China, India and Brazil, travel industry officials said…

Readers of this blog are encouraged to click upon the hyperlinks noted above to read this story in detail and also gain greater insight into this developing issue.

At the time of this writing the United States maintains a system which allows for some nations to receive admission to the USA through a visa waiver program. As noted above: China, India, and Brazil are not included in the visa waiver program. This situation exists notwithstanding the fact that these three nations in association with two others (South Africa and Russia) compose the so-called BRICS group of developing countries with what some would claim is a virtually unlimited capacity for economic growth in the future.

This visa waiver program also entails the so-called “ESTA” (Electronic System For Travel Authorization) program, which requires foreign nationals to pre-register for admission to the United States before beginning their journey to America. It should be noted that in its current form the ESTA program only pertains to nationals from visa waiver participating countries. Therefore, nationals from countries such as China, India, Brazil, Indonesia, and the Kingdom of Thailand cannot benefit from the visa waiver program and the ESTA program as of the time of this writing.

Those interested in further information on such topics are encouraged to visit a few official websites: HERE and HERE. To quote further from the aforementioned piece:

“The challenge we have is the unnecessary, burdensome US visa system,” said USTA president Roger Dow. “It’s really self-imposed barriers that we put on ourselves as a country that have caused us to lose international travel and that have stymied international growth.”

This blogger has heard this argument made in the past and it is certainly salient especially at a time when tourism income is in high demand in an international context. To continue quoting further:

The US visa process from beginning to end can take as long as 145 days in Brazil and 120 days in China, a USTA report said. In contrast, Britain takes an average of 12 days to process visas in Brazil and 11 days in China…

Clearly, the visa processing time differential between the United States and the somewhat similarly socioeconomically situated United Kingdom is a stark contrast. To quote further:

US Senator Amy Klobuchar, a Democrat who chairs a subcommittee focused on export promotion and competitiveness, said the travel industry was important to help President Barack Obama meet his stated goal of doubling exports by 2014. “We see it as part of our economic recovery. I see this as a way to get jobs in our country,” Klobuchar said…

It is refreshing to see a federal legislator like Senator Amy Klobucher from the sovereign State of Minnesota taking the time to investigate an issue that may, at first glance, seem mundane. In point of fact, matters pertaining to United States non-immigrant visas are extremely important as they can have a significant impact upon foreign direct investment in the United States and the amount of money raised by American companies and enterprises offering services to foreign nationals both in the USA and abroad. Finally, a legislator trying to find reasonable solutions to American economic concerns in a reasonable manner! America: Let us not forget, we are one of the most historically fascinating and economically dynamic nations ever to have made our voices heard in the chorus of history. Why do we forget this? We seem to find ourselves constantly debating the minutia of our past transgressions or the history of our geopolitically unique grouping of jurisdictions. We do this when solutions to some of the current economic problems stare us in the face. The reality is that there are many around the world who wish to do business with those in the United States of America. There are many who want to buy our products. There currently exists the distinct possibility that the continent of Asia will have a constantly growing middle class of prospective international travelers for decades into the future. These travelers will likely be traveling for both business as well as pleasure. It stands to reason that many prospective tourists from Asia will make their initial international travel decisions with great care. Therefore, America should continue to be mindful of the fact there exists an international competitive market for income generated from tourism.  It stands to reason that more tourists in America means more tourism income.

From a legal perspective there is something to be said for allowing further membership in the United States visa waiver program as it would lead to fewer overall denied visa applications based upon section 214(b) of the United States Immigration and Nationality Act. Currently, many tourist visa applications are denied pursuant to a presumption in the aforementioned section of U.S. law. This section requires Consular Officers to make the factual presumption that a tourist visa applicant is actually an intending American immigrant unless the applicant can produce sufficient evidence to overcome this presumption. The visa waiver program gets around this 214(b) presumption by waiving the need for an American visa. Simultaneously, the visa waiver program also restricts those foreign nationals admitted into the United States from adjusting status to lawful permanent residence. One may adjust one’s status to lawful permanent residence (Green Card status) from tourist visa status in the U.S.A. under very limited circumstances. The visa waiver program does not permit such adjustment and therefore requires those foreign nationals seeking immigrant status to depart the United States and undergo Consular Processing abroad.

It remains to be seen whether or not US visa policy regarding non-immigrant visas such as those described above will be changed, but clearly there is some momentum behind this rather important issue in Washington D.C.

For related information please see: K-1 visa system, K-3 visa system, or US Company Registration.

WASHINGTON – Detroit should take a page from Lady Liberty and shine a beacon of welcome to immigrants as a way to overcome its severe population loss, New York Mayor Michael Bloomberg said Sunday.

For those who follow this blog with any frequency it should be noted that New York has recently seen efforts by the attorney generals of that State to decrease the amount of immigration fraud in the form of illegitimate operators claiming expertise in U.S. immigration matters. It would appear that the city of Detroit has encountered much economic turbulence as a result of recent economic downturns. Meanwhile, there can be significant benefits to a national economy to be had through effective immigration policies. To quote further from the aforementioned article:

Bloomberg’s prescription for Detroit’s salvation came in a discussion about what he called a “crisis of confidence” among business people about the nation’s economy. Bloomberg said the “most obvious” answer is to encourage immigration.

“This is a country that was built by immigrants … that became a superpower because of its immigrant population, and unless we continue to have immigrants, we cannot maintain as a superpower,” he said.

Virtually all Americans are descended from those who immigrated to the United States of America. In a modern context, there are many visa categories available to prospective immigrants who are interested in conducting business in America. For example, the EB-5 visa provides lawful permanent residence to the visa holder upon lawful admission to the United States. Furthermore, the E-2 visa may allow for non-immigrant visa benefits to those foreign nationals conducting business pursuant to a Treaty with the United States. In the context of Thailand, there may be visa benefits which can be acquired pursuant to the bi-lateral relationship between the USA and Thailand as codified in agreements such as the US-Thai Treaty of Amity. Some may be eligible for similar benefits in the form of the E-1 visa. Those working for a multi-national organization may be eligible to obtain an L-1 visa as an intra-company transferee either in the form of an L-1A visa or an L-1B visa, depending upon the factual circumstances of the case.

Clearly, there are benefits to be accrued to those immigrating to the USA. Concurrently, there may also be benefits to the American economy and the American People as a result of immigration to the USA by foreign nationals.

For related information please see: US lawyer or US business visa.

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.

It should be reiterated that only a licensed American attorney has the unfettered privilege of practicing American immigration law before the Department of Homeland Security and the United States Citizenship and Immigration Service (USCIS). Although charitable organizations in the USA may be accredited to represent individuals before the USCIS and/or the US Immigration Courts, such representation is conducted on a not-for-profit basis. Licensed American attorneys are generally in a good position to provide advice and counsel regarding immigration matters due to education and experience. However, so-called “immigration consultants,” “visa agents,” and “visa companies” lack both the credentials and qualification to provide advice and representation of clients before USCIS, DHS, and/or the Department of State (DOS). To quote the USCIS website further:

Attorneys must be a member in good standing of the bar of a U.S. State (or U.S. possession, territory, Commonwealth, or the District of Columbia) and not be under any court order restricting their practice of law. Attorneys will check the first block on Form G-28 and must provide information regarding their admission to practice.

Only attorneys and accredited representatives may communicate on your behalf regarding your application with USCIS.

In choosing an attorney, you should:

• Ensure that the attorney is a member in good standing of the “bar” of a U.S. State (or possession, territory, Commonwealth or District of Columbia)
• Ensure that the attorney is not under any court order restricting their practice of law
• Review the current attorney licensing document for the attorney and contact the relevant State bar admission authorities to verify the information.  See the “American Bar Association – State Bar Associations” link to the right for a list of state bar associations.
• Review the “List of Currently Disciplined Practitioners” in the link to the right. This is where the Executive Office for Immigration Review lists if an attorney has been expelled or suspended from practice before USCIS/DHS
• Review the “List of Previously Disciplined Practitioners” available from the “List of Currently Disciplined Practitioners”  page on the EOIR website

A lawfully admitted attorney should honor your request for this information, as State Bar practice rules require disclosure of this information to clients. Before you pay attorney fees for help with your immigration case, make sure that the individual is a licensed attorney.

You should also review the lists of currently disciplined and previously disciplined practitioners on the Executive Office for Immigration Review website. These lists will help you to determine whether the attorney has been expelled or suspended from practice before USCIS/DHS.  To review these lists, please see the links in the “External Links” section of this page.

Those wishing to retain professional assistance during the United States Immigration process are well advised to take note of the citation quoted above as this information is very useful for those seeking attorney assistance. That said, the forthcoming quote deals with the issue of fake lawyers, visa agents, notarios, and immigration consultants who have been known to imitate genuine American attorneys in an effort to further their own interests while simultaneously fleecing an unsuspecting public (both immigrants and American Citizens). To quote the USCIS website one further time:

Notarios, notary publics and immigration consultants may NOT represent you before USCIS.

Those wishing to bring their loved one from another country for family reunification in the USA should take note of the above quotation. In Thailand, for example, there are some fly-by-night operators claiming both expertise in immigration law as well as qualification, without actually possessing either. For this reason, it is always prudent to ask for the licensure information of those claiming the ability to represent individuals before USCIS, DHS, and DOS.

Licensed foreign lawyers may, under some circumstances, be able to provide some limited representation, but only upon authorization from USCIS, those interested should consult the USCIS website directly as this issue is not the intended topic of this posting.

For related information please see: K1 Visa Thailand.

Holidays 2011

Date	Day	Holiday	American/Indian
December 31, 2010*	Friday	New Year’s Day	American
January 14, 2011	Friday	Makar Sankaranti (for Ahmedabad USCS only)	Indian
January 17, 2011	Monday	Martin Luther King’s B’Day	American
January 26, 2011	Wednesday	Republic Day	Indian
February 21, 2011	Monday	Washington’s Birthday	American
April 22, 2011	Friday	Good Friday	Indian
May 30, 2011	Monday	Memorial Day	American
July 4, 2011	Monday	Independence Day	American
August 15, 2011	Monday	Independence Day	Indian
August 19, 2011	Friday	Parsi New Year	Indian
August 31, 2011	Wednesday	Ramzan-Id (Id-ul-Fitar) (Not for Ahmedabad USCS)	Indian
September 1, 2011	Thursday	Ganesh Chaturthi	Indian
September 5, 2011	Monday	Labor Day	American
October 6, 2011	Thursday	Dussehra	Indian
October 10, 2011	Monday	Columbus Day	American
October 26, 2011	Wednesday	Diwali (Laxmi Pujan)	Indian
October 27, 2011	Thursday	Diwali (Balipratipada)	Indian
November 7, 2011	Monday	Bakri Id (Id-ul-Zua)	Indian
November 11, 2011	Friday	Veteran’s Day	American
November 24, 2011	Thursday	Thanksgiving Day	American
December 26, 2011**	Friday	Christmas Day	American

* In lieu of January 1, 2011 (Saturday)
** In lieu of December 25, 2011 (Sunday)

Note: The Embassy and Consulates are closed to the public on the last Wednesday of every month.

Those seeking Consular Reports of Birth Abroad, US Passports, or new visa pages for a previously issued American passport are well advised to contact an American Citizen Services Section of the nearest Post. In many cases, an American’s request can be better handled by making an appointment online with the local Post.

For those wishing to visit the homepage of the official website of the US Consulate in Mumbai please click HERE.

Those seeking non-immigrant visas such as the US tourist visa (B-2 category), the US student visa (F-1 category), the US exchange visitor visa (J-1 category), and/or the US Business Visa (B-1 category) are likely required to process their application through a Non-Immigrant Visa (NIV) Unit at an American Post abroad. It should be noted that non-immigrant visa applicants are generally subject to Consular scrutiny pursuant to section 214(b) of the US Immigration and Nationality Act. Meanwhile, those seeking immigrant visas such as an IR-1 visa or a CR-1 visa will likely process their request through an Immigrant Visa (IV) Unit of a US Mission abroad. For processing purposes, the K-1 visa application, a non-immigrant US fiance visa, is treated much the same way as an immigrant visa application.

Those seeking an EB-5 visa or an L-1 visa must process an immigration petition through USCIS (the United States Citizenship and Immigration Service) prior to processing a visa application at a Post abroad.

For related information please see: K3 Visa India.

Date	Day	Holiday	Type
December 31,  2010*	Friday	New Year’s Day	American
January 17	Monday	Martin Luther King’s Birthday	American
January 26	Wednesday	Republic Day	Indian
February 21	Monday	Washington’s Birthday	American
April 22	Friday	Good Friday	Indian
May 30	Monday	Memorial Day	American
July 4	Monday	Independence Day	American
August 15	Monday	Independence Day	Indian
August 22	Monday	Janamashtami	Indian
August 31	Wednesday	Idu’l Fitr	Indian
September 5	Monday	Labor Day	American
October 6	Thursday	Dussehra (Vijaya Dashami)	Indian
October 10	Monday	Columbus Day	American
October 26	Wednesday	Diwali	Indian
October 27	Thursday	Govardhan Puja	Indian
November 10	Thursday	Guru Nanak’s Birthday	Indian
November 11	Friday	Veterans’ Day	American
November 24	Thursday	Thanksgiving Day	American
December 6	Tuesday	Muharram	Indian
December 26**	Monday	Christmas Day	American

*    in lieu of January 1, 2011 (Saturday)
**  in lieu of December 25, 2011 (Sunday)

Those seeking services such as the issuance of a Consular Report of Birth Abroad, US  Passport, or additional visa pages for a previously issued American passport are well advised to contact the American Citizen Services Section of an American Mission abroad. In  many cases, Americans seeking such services can make an appointment in advance. Making an advance appointment can greatly facilitate the processing of requests as Consular Officers are provided with an opportunity to foresee the customers needs when an appointment is made in advance. In order to make an appointment online one may be required to register an appointment on the US Mission’s official website.

Those seeking the homepage of the official website of the United States Embassy in New Dehli, India should click HERE.

Those seeking visas such as the US Tourist Visa (B-2 visa), US Student Visa (F-1 visa), US Exchange Visitor Visa (J-1 visa), or the US Business Visa (B-1 visa) may be required to process their visa application through a Non-Immigrant Visa (NIV) Unit at a US Consulate abroad. In many cases, such applications are scrutinized pursuant to section 214b of the United States Immigration and Nationality Act which can create difficulties for those applicants who cannot show “strong ties” to India and “weak ties” to the United States of America.

Those Indian Nationals with Lawful Permanent Residence or American Citizens wishing to obtain an IR-1 visa or a CR-1 visa for an Indian loved one will likely be required to process their visa application through an Immigrant Visa Unit abroad. Unless it is possible to execute a Direct Consular Filing for such a visa, it is likely that such a visa application would only be adjudicated after the initial adjudication of an immigration petition at the United States Citizenship and Immigration Service (USCIS). For application processing purposes it should be noted that the K1 visa, although a non-immigrant US fiance visa, is generally treated  in much the same manner as an immigrant visa application.

Those Indian Nationals seeking an EB-5 visa for immigrant investment purposes or an L-1 visa for an intracompany transferee are generally required to process an immigration petition at USCIS prior to visa application abroad.

For related information please see: K1 Visa India.

New Delhi – In an effort to make the visa application process more convenient for all Indians, the U.S. Embassy in New Delhi and Consulates General in Mumbai, Chennai, Kolkata and Hyderabad now accept visa applications from across India at all visa facilities, regardless of the applicant’s home address or city of residence. This is part of Mission India’s ongoing effort to facilitate legitimate travel to the United States.

Following the opening of Consulate General Hyderabad in 2008, the U.S. Mission has looked for ways to best capture the dynamism of India’s growth across the nation. As a result, we also redesigned our consular districts. Therefore, effective immediately, our consular districts will be reorganized as follows: Embassy Delhi: Bihar, Delhi, Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttarakhand, Uttar Pradesh, Bhutan; Consulate Mumbai: Goa, Gujarat, Madhya Pradesh, Maharashtra, Diu and Daman, and Dadra and Nagar Haveli; Consulate Hyderabad: Andhra Pradesh, Orissa; Consulate Chennai: Karnataka, Kerala, Puducherry, Lakshadweep, Tamil Nadu, Andaman and Nicobar Islands; Consulate Kolkata: Arunachal Pradesh, Assam, Chhattisgarh, Jharkhand, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, West Bengal

U.S. Ambassador to India Timothy J. Roemer said, “With these changes, we believe our Consulates General and our Embassy in New Delhi will be even better positioned to support and serve Indian visa applicants, as well as American citizens and businesses throughout India.”

Actions such as those noted above can have a tremendous positive impact upon those Indian Nationals seeking United States Immigration benefits as the ability to process such travel documents at any Post in India generally results in a great deal more convenience compared to the policy of keeping Consular jurisdictions mutually exclusive.

Each year, many Indian Nationals seek visa benefits of the United States of America. While some may seek US family visa benefits in order to reunite with loved ones. Other applicants seek non-immigrant visas for short terms stays in the USA. Still others seek employment based visas to the US such as the L1 visa. Meanwhile, there are some who opt to seek United States Permanent Residence by investment through use of the EB-5 visa program.

Policies such as the aforementioned one adopted by the US Mission in India should be applauded as this shows a sincere effort on the part of the Mission in India to take measures which may be beneficial to those seeking visas to America.

For related information please see: EB-5 Visa India.

Foreign funds have so far in 2010 bought shares worth a record $28.3 billion, in addition to last year’s $17.5 billion. The rupee has gained 5 percent so far this year.

In terms of international trade, the announcement of a declining dollar could be viewed negatively. However, a comparatively weak United States dollar could turn out to be a boon for those Indian nationals interested in making a qualified investment in the USA while also accruing the benefit of United States Lawful Permanent Residence.

The EB-5 visa program was designed to provide a travel document and Lawful Permanent Residence to those who make an investment in the USA which meets the eligibility criteria set forth by American Immigration authorities such as the United States Citizenship and Immigration Service (USCIS), Department of Homeland Security, and the Department of State. Those interested in obtaining an EB-5 visa should note that the investment in the United States must be substantial and should exceed at least five hundred thousand United States dollars ($500,000), or one million dollars (1,000,000) if the investment is not a “targeted” investment. Lawful Permanent Resident (LPR) status means that the Indian national in said status has the right to reside and work in the United States permanently. LPR status is highly sought after by those in countries outside of the United States since the benefit is substantial, but immigration law may preclude many visa seekers from obtaining a travel document that confers Lawful Permanent Residence (also referred to as “Green Card” status).

Some individuals have posed the question: “Does the United States allow Citizenship by investment?” The simple answer is: no. However, the EB-5 visa could be viewed as a means of setting oneself on the “path to citizenship” by investment. This is due to the fact that an EB5 visa holder, who meets the legal criteria, may be able to apply for naturalization to US Citizenship after remaining in the United States for a statutorily prescribed period of time in lawful permanent resident status.

The American immigration process and the laws which support the United States Immigration system are complex and can be frustrating to those who are unaccustomed to American law and procedure. For this reason, some individuals and families opt to utilize an American attorney to assist with the process. That said, those interested in retaining professional assistance are well advised to check the credentials of those claiming expertise in American immigrations matters as only a licensed American attorney is entitled to provide advice and counsel in matters pertaining to United States Immigration law.

For related information please see: EB-5 Visa India.

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.