Integrity Legal

Posts Tagged ‘US Visa Malaysia’

14th June 2011

Those who read this blog with any frequency may have noticed that the administration routinely posts the estimated processing times from 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: April 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 December 16, 2010
I-821 Application for Temporary Protected Status El Salvador initial or late filing December 16, 2010
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension December 16, 2010
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing December 16, 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 September 12, 1997
Field Office Processing Dates for Nebraska Service Center as of: April 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 August 1, 2006
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 August 1, 2006
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. August 1, 2006
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. August 1, 2006
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 August 1, 2006
I-129 Petition for A Nonimmigrant Worker L – Intracompany transfers 1 Months
I-129 Petition for A Nonimmigrant Worker O – Extraordinary ability August 1, 2006
I-129 Petition for A Nonimmigrant Worker P – Athletes, artists, and entertainers August 1, 2006
I-129 Petition for A Nonimmigrant Worker Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process August 1, 2006
I-129 Petition for A Nonimmigrant Worker R – Religious occupation August 1, 2006
I-129 Petition for A Nonimmigrant Worker TN – North American Free Trade Agreement (NAFTA) professional August 1, 2006
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 September 9, 2010
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 September 9, 2010
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 September 9, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 September 9, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister September 9, 2010
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 December 2, 2010
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 21, 2011
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents January 21, 2011
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category January 21, 2011
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications January 21, 2011
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students January 21, 2011
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents January 21, 2011
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors January 21, 2011
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications January 21, 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-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-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 January 11, 2011
I-821 Application for Temporary Protected Status El Salvador initial or late filing January 11, 2011
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension January 11, 2011
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing January 11, 2011
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition November 21, 2010
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 January 3, 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: April 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 January 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 September 4, 2010
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher September 4, 2010
I-140 Immigrant Petition for Alien Worker Multinational executive or manager September 4, 2010
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability September 16, 2010
I-140 Immigrant Petition for Alien Worker Skilled worker or professional September 16, 2010
I-140 Immigrant Petition for Alien Worker Unskilled worker September 16, 2010
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver September 7, 2010
I-140 Immigrant Petition for Alien Worker Schedule A Nurses September 16, 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 July 31, 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 July 31, 2010
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications October 31, 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 November 26, 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 5 Months
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents 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 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 November 2, 2010
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement March 16, 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: April 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 March 13, 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 November 27, 2010
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 10, 2010
I-131 Application for Travel Document Refugee or asylee applying for a refugee travel document September 14, 2010
I-131 Application for Travel Document Permanent resident applying for a re-entry permit September 14, 2010
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole 3 Months
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole 3 Months
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-140 Immigrant Petition for Alien Worker Extraordinary ability January 30, 2008
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher January 30, 2008
I-140 Immigrant Petition for Alien Worker Multinational executive or manager January 30, 2008
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability January 30, 2008
I-140 Immigrant Petition for Alien Worker Skilled worker or professional January 30, 2008
I-140 Immigrant Petition for Alien Worker Unskilled worker January 30, 2008
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver January 30, 2008
I-140 Immigrant Petition for Alien Worker Schedule A Nurses January 30, 2008
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 November 13, 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 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 February 12, 2011
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents February 12, 2011
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category February 12, 2011
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications February 12, 2011
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students February 12, 2011
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents February 12, 2011
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors February 12, 2011
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications February 12, 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-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee 5 Months
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents 6 Months
I-765 Application for Employment Authorization Based on 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)] 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 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.

more Comments: 04

29th March 2011

สิ่งที่เกิดขึ้นและเป็นที่น่าสนใจเมื่อเร็วๆนี้  หน่วยบริการคนเข้าเมืองและพลเมืองสัญชาติอเมริกัน (USCIS) อาจจะมีการเปลี่ยนแปลงในขั้นตอนต่างๆซึงเกี่ยวกับกระบวนการการยื่นคำขอเข้าเมืองที่เกี่ยวกับการขอวีซ่าประเภทซีอาร์-1 ไออาร์-1 วีซ่า เค-1 และวีซ่าเค-3 ซึ่งยื่นโดยพลเมืองอเมริกันและพลเมืองที่มีถิ่นฐานถาวร อ้างโดยตรงจากบันทึกของ USCIS ที่อ้างลงใน ILW.com:

บันทึกนี้ได้ให้คำแนะนำในเรื่องของศูนย์บริการ USCIS ในประเด็นของการเปลี่ยนแปลงในการจัดการของคำขอ I-130 และ คำขอ I-129F ที่ยื่นโดยผู้ยื่นคำขอที่เกี่ยวข้องกับ “ข้อหาเกี่ยวกับความผิดเล็กๆน้อยๆ” ภายใต้พระราชบัญญัติการความปลอดภัยและการปกป้องเด็กอดัม วอร์ช ปี 2006 (พระราชบัญญัติอดัม วอร์ช หรือ AWA) และเกี่ยวข้องกันกับประเด็นนี้ บันทึกนี้ปรับใช้กับคำขอที่เกี่ยวกับศูนย์บริการและไม่ใช่คำขอที่เกี่ยวข้องกับสำนักงานของ USCIS

โดยทั่วไปแล้ว คำขอ I-130 (ประเภทที่ใช้สำหรับการอ้างคำขอของวีซ่า CR-1 หรือวีซ่า IR-1)เป็นกระบวนการของ หน่วยบริการ USCIS ซึ่งเป็นกระบวนการเฉพาะและเป็นหลักฐานการชำระเงิน ในบางกรณี อาจจะเป็นไปได้ที่กระบวนการของ I-130ในสำนักงานต่างๆที่ตั้งอยู่ในต่างแดน เช่นสำนักงาน USCISในกรุงเทพฯ คำขอของ I-129f (เป็นประเภทหนึ่งของการยื่นคำขอวีซ่าคู่หมั้นสหรัฐ หรือวีซ่า K1)ซึ่งอยู่ในขั้นตอนการดำเนินงานของศูนย์บริการUSCISในสหรัฐอเมริกา เนื่องจากสำนักงานหลักไม่สามารถดำเนินการต่างๆได้ในขณะที่เขียนบทความนี้อยู่ อ้างเพิ่มเติมจากบันทึกข้อความที่กล่าวถึงก่อนหน้านี้

USCIS จะเป็นศูนย์กลางที่ VSC ในการเป็นศูนย์บริการ หากศูนย์บริการได้มีการตัดสินใจในเบื้องต้นว่ามีการประกันคำขอในฐานะที่เป็นเรื่องเกี่ยวกับ AWA ที่ VSCจะให้บริการการจัดการกับปัญหาต่างๆจากรัฐบาลกลาง รัฐ และตัวแทนท้องถิ่นอื่นๆในเรื่องที่เกี่ยวกับ AWA ดำเนินการอยู่ หรือเรื่องที่เกี่ยวกับหนึ่งในสี่ของศูนย์บริการ (ในที่นี้อ้างถึง “หน่วยบริการต้นกำเนิด” หรือ “หน่วยบริการที่ส่งไป”) ในนขณะที่เรื่องที่เกี่ยวกับAWA ต้องการที่จะจัดการแบบพิเศษ การตัดสินใจที่จะรวมอำนาจเกี่ยวกับ AWAที่ VSC จะกระทบต่อเรื่องที่อยู่ในศูนย์บริการอื่นเพียงเล็กน้อย

เป็นที่เห็นได้ชัดเจนว่า หน่วยบริการการเข้าเมืองและพลเมืองอเมริกัน (USCIS) ได้มีการเปลี่ยนแปลงนโยบายเพื่อที่จะเพิ่มประสิทธิภาพในการตรวจสอบตามพระราชบัญญัติอดัม วอร์ช (AWA) ในบทบาทของศูนย์บริการในเวอร์มอนท์ซึ่งเกี่ยวข้อง

กับ AWAในบทบาทของศูนย์บริการวีซ่าแห่งชาติในกระบวนการทั่วทั้งสหรัฐเนื่องจากตัวแทนมีภาระหน้าที่ในเรื่องเกี่ยวกับคำขอวีซ่าซึ่งมาจาก USCIS และผ่านกระบวนการของสถานทูตอเมริกา หรือกงสุลสหรัฐในต่างประเทศ แม้NVCอยู่ภายใต้อำนาจของกระทรวงของรัฐในขณะที่ศูนย์บริการเUSCISวอร์มอนท์(เหมือนกับศูนย์บริการ USCIS อื่นๆ) ภายใต้เขตขอำนาจของกระทรวงความมั่นคงแห่งมาตุภูมิ (DHS)และ USCIS

To view this posting in English please see: K-1 visa.

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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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28th January 2011

Those who have read this web log with any frequency in the past may have noticed that the administration routinely posts information regarding attorney licensure and the practice of United States Immigration law. Recently, this blogger discovered some interesting information on this subject while researching the issue on the official website of the United States Citizenship and Immigration Service (USCIS). To quote some of that information directly:

If Then
You are filing within the United States Attorneys and accredited representatives may communicate with USCIS on your behalf and receive information from USCIS regarding your application or petition.
You are filing an application or petition at an office outside the United States Attorneys and accredited representatives may communicate with USCIS on your behalf and receive information from USCIS regarding your application or petition…

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.

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13th January 2011

The administration posts the holiday closing schedules of many of the American Missions in Asia in an effort to forestall Americans abroad from traveling to an American Mission that is closed in observance of an American or Foreign holiday. The following is the holiday closing schedule of the United States Embassy in Kuala Lumpur, Malaysia as quoted directly from the Post’s official website:

The U.S. Embassy will observe the following official U.S. and Malaysian holidays.

2011

Official Date Date Observed Day Holiday Country
January 1 (Saturday) Dec 31 Friday New Year’s Day U.S./Malaysia
3rd Monday in January Jan 17 Monday Martin Luther King’s B’day U.S.
January 20 Jan 20 Thursday Thaipusam Malaysia
February 3 & 4 Feb 3 & 4 Thursday & Friday Chinese New Year Malaysia
February 15 Feb 15 Tuesday Prophet Muhammad’s B’day Malaysia
3rd Monday in February Feb 21 Monday Presidents’ Day U.S.
May 17 May 17 Tuesday Wesak Day Malaysia
Last Monday in May May 30 Monday Memorial Day U.S.
July 4 July 4 Monday Indpendence Day U.S.
August 30 & 31* Aug 30 & 31* Tuesday & Wednesday Hari Raya Puasa Malaysia
August 31 Aug 31 Wednesday National Day Malaysia
1st Monday in September Sept 5 Monday Labor Day U.S.
September 16 Sept 16 Friday Malaysia Day Malaysia
2nd Monday in October Oct 10 Monday Columbus Day U.S.
October 26* Oct 26* Wednesday Deepavali Malaysia
November 6 (Sunday) Nov 7 Monday Hari Raya Qurban Malaysia
November 11 Nov 11 Friday Veterans Day U.S.
4th Thursday in November Nov 24 Thursday Thanksgiving Day U.S.
December 25 (Sunday) Dec 26 Monday Christmas Day U.S./Malaysia

* Subject to change

Each year, many American Citizens and Lawful Permanent Residents seek services from a US Mission abroad. In many cases such services can only be provided by an American Citizen Services Section of a US Embassy or US Consulate abroad. Such services include, but are not limited to: issuance of Consular Reports of Birth Abroad, issuance of US Passports, or additional visa pages for a previously issued American Passport.

Those seeking temporary US visas such as the B-2 visa for tourists, the F-1 visa for foreign students, the B-1 visa for temporary business purposes, or the J-1 visa for cultural exchange visitors are often required to process their application through a Non-Immigrant Visa Unit of a US Mission abroad. Meanwhile, those seeking US family visa benefits for travel documents such as the CR-1 visa or the IR-1 visa generally process such requests through an Immigrant Visa (IV) Unit of a US Mission abroad. Even though the K-1 visa is a non-immigrant US fiance visa it is often treated in much the same way as an immigrant visa for processing purposes.

Those seeking an EB-5 visa or an L-1 visa are often required to process an immigration petition and receive approval of such a petition from the United States Citizenship and Immigration Service (USCIS).

Those wishing to visit the official website of the US Embassy in Malaysia please click HERE.

Those seeking related information should see: US Visa Malaysia.

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22nd October 2010

Although the topic of K-3 visa applications and “administrative closure” by the United States National Visa Center has been a highly discussed topic in recent postings on this web log it is important to note as it can have a tremendous impact upon the K3 visa process. The K3 visa process is often researched by those United States Citizens wishing to obtain a US Marriage Visa for their Malaysian husband or wife. Although the term “K3 visa” has been used colloquially to describe an American spousal visa on the internet, this is not really the classic method of obtaining marriage visa benefits for the spouse of an American. In reality, submitting the petition to obtain CR1 Visa and/or the IR1 Visa benefits has historically been the commonly followed route to bringing a spouse to the USA.

At one time, the United States Citizenship and Immigration Service (USCIS) had such a substantial backlog of marriage visa petitions that the United States Congress and President William Jefferson Clinton enacted legislation commonly referred to as the “Life Act” in an effort to create, among other things, an expedited marriage visa. As a result, the K3 visa category was promulgated. The K4 visa is a derivative visa category intended to be utilized by the children of a K3 visa holder, it is somewhat similar to the K2 visa in the context of the K1 visa process. Approximately ten years after the creation of the K3 visa, USCIS no longer had the processing backlog it once had for marriage visa petitions. This lead to a situation where the National Visa Center was receiving Immigrant visa applications before or with the supplemental K3 application. It would seem that a decision was made to “administratively close” K3 visa applications where the Immigrant visa application arrived before or with the supplemental application. The reason for this policy would seem to be that the K3 visa’s utility is rather negated if the Immigrant visa petition has already been adjudicated.

Those thinking about bringing their Malaysian husband or wife to the USA are well advised to conduct research in an effort to make an informed decision about which type of benefits best suit the needs of the parties. It should also be noted that only a licensed American attorney is qualified to provide US Immigration advice or represent clients before the Department of Homeland Security or its constituent agencies such as USCIS, USCBP, or USICE pursuant to the United States Federal Code. Therefore, those thinking of retaining professional assistance for the immigration process are well advised to check the credentials of anyone claiming expertise in American immigration matters.

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

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8th September 2010

The United States Immigration and Customs Enforcement Service (USICE or more commonly referred to by the acronym: ICE) is tasked with enforcing American Immigration and Customs law. Often ICE officers are involved in programs aimed at apprehending those in the United States illegally or those who initially came to the United States legally, but later either dropped out of lawful status or committed a criminal offense which created a legal ground for removal. For the most part, ICE seems to primarily deal with immigration violations which occur along the Southern border of the United States as this has increasingly been an area where illegal immigration occurs frequently. However, their mandate includes all immigrants and foreign nationals from countries around the globe and in a recently promulgated announcement from  the Department of Homeland Security (DHS), distributed by the American Immigration Lawyers Association (AILA), it was noted that those from Asian countries who violate US law are just as susceptible to removal. To quote directly from the aforementioned announcement:

SEATTLE – In a chartered flight that originated in Seattle on Aug. 31, U.S. Immigration and Customs Enforcement (ICE) returned 96 immigration violators to the Philippines, Vietnam, Indonesia, Malaysia, Japan and Cambodia; 66 of them had committed criminal offenses in the United States.


ICE’s Office of Enforcement and Removal Operations (ERO) coordinated the flight that returned 66 Filipinos, 18 Indonesians, 5 Cambodians, 4 Malaysians, 2 Japanese, and 1 Vietnamese nationals to their respective countries. The group included 79 males and 17 females. These individuals came into ICE custody from locations throughout the United States and were housed at various detention facilities across the country before being transported to the Northwest Detention Center in Tacoma, Wash., shortly before the flight.


Among the 66 who had been convicted of criminal offenses while living in the United States, their crimes included homicide, felony drug trafficking and possession, rape and other sex crimes, aggravated assault, weapons possession, grand theft, and burglary.


“This year, ICE expects to remove a record number of criminal aliens from the country and charter flights like this are a big part of making that happen,” said ICE Director John Morton. “The United States welcomes law-abiding immigrants, but foreign nationals who violate our laws and commit crimes in our communities should be on notice that ICE is going to use all its resources to find you and send you home.”


ICE officers and medical staff with the Division of Immigration Health Services accompanied aliens on the flight.

Removal from the United States is a serious matter and those immigrants present in the USA on some sort of immigrant visa are well advised to adhere to US law and maintain lawful immigration status at all times. That said, those who have been deported from the US are generally not able to lawfully reenter the United States for a statutorily prescribed period of time. Those barred from the USA may be able to reenter after an approval of either an I-601 waiver or an I-212 petition for advance permission to reenter the USA. In some cases, those removed from the United States are indefinitely ineligible for readmission to the US. USICE offices overseas seem to be tasked with making certain that those removed from the United States actually return to their home country or remain abroad in an effort to prevent from them returning to the USA unlawfully.

United States Immigration law is a complex area of American jurisprudence. The existence of an American warrant on an alien’s record or prior criminal convictions in US Courts can have a serious impact upon one’s ability to immigrate to, and remain in, the United States.

Those seeking information about specific immigration issues are well advised to contact a US attorney in order to ascertain one’s options pursuant to American Immigration law.

For related information please see: Warrant For Arrest, US Visa Indonesia, or US Visa Vietnam.

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16th August 2010

The J1 visa can be an effective travel document for those seeking admission to the United States for cultural and educational exchange. It was recently announced that certain changes will be implemented which may have a significant impact upon J1 visa applicants. The American State Department has made rule changes which may effect J1 visa processing, to quote a recent press release distributed by the American Immigration Lawyers Association (AILA):

On June 19, 2007, the Department published an interim final rule amending its regulations regarding Trainees and Interns to, among other things, eliminate the distinction between “non-specialty occupations” and “specialty occupations,” establish a new internship program, and modify the selection criteria for participation in a training program.

This document confirms the Interim Final Rule as final and amends the requirements to permit the use of telephone interviews to screen potential participants for eligibility, to remove the requirement that sponsors secure a Dun & Bradstreet report profiling companies with whom a participant will be placed and also amends this provision to provide clarification regarding the verification of Worker’s Compensation coverage for participants and use of an Employer Identification Number to ascertain that a third-party host organization providing training is a viable entity, and to clarify that trainees and interns may repeat training and internship programs under certain conditions.

It would appear that the US State Department is making these changes in order to better enjoy the benefits of technological advances. The use of telephone interviews for eligibility screening purposes will likely decrease overall processing time. Furthermore, repealing the Dun & Bradstreet report requirement will likely save individuals as well as companies time and resources when they opt to file for J-1 visa benefits on behalf of a foreign national.

The J-1 visa is often utilized by those who travel to the USA as exchange visitors. Often, those applying for such a travel documents do so at a US Embassy or US Consulate abroad. As the J-1 visa is a non-immigrant visa, the Consular Officer adjudicating the application must ascertain whether the applicant should be granted the visa notwithstanding the provisions of section 214b of the United States Immigration and Nationality Act which requires that those seeking a non-immigrant visa show “strong ties” to their home country and “weak ties” to the United States. Some are under the mistaken impression that a J-1 visa is a “dual intent” travel document akin to the L1 visa. Due to the provisions of section 214b of the INA, the applicant for a J1 visa should not maintain an intention to remain in the USA indefinitely.

For related information please see: US Tourist Visa.

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19th January 2010

Each United States Diplomatic post observes different holidays. The holiday closing schedule depends upon the host country as each post closes in observance of not only United States Federal holidays, but the host country’s national holidays as well. This is true for Malaysia as the US Embassy in Kuala Lumpur observes both US and Malaysian holidays. Below is the 2010 holiday closing schedule:

Official Date Date Observed Day Holiday Country
January 1 Jan 1 Friday New Year’s Day U.S./Malaysia
3rd Monday in January Jan 18 Monday Martin Luther King’s B’day U.S.
January 30 (Saturday) Jan 29 Friday Thaipusam Malaysia
3rd Monday in February Feb 15 Monday Presidents’ Day U.S.
February 14 & 15 (Sun & Mon) Feb 16 Tuesday Chinese New Year Malaysia
February 26 Feb 26 Friday Prophet Muhammad’s B’day Malaysia
May 28 May 28 Friday Wesak Day Malaysia
Last Monday in May May 31 Monday Memorial Day U.S.
July 4 (Sunday) July 5 Monday Independence Day U.S.
August 31 Aug 31 Tuesday National Day Malaysia
1st Monday in Sept. Sept 6 Monday Labor Day U.S.
September 10 & 11 (Fri & Sat)* Sept 9 & 10* Thursday & Friday Hari Raya Puasa Malaysia
2nd Monday in October Oct 11 Monday Columbus Day U.S.
November 5* Nov 5* Friday Deepavali Malaysia
November 11 Nov 11 Thursday Veteran’s Day U.S.
November 17 Nov 17 Wednesday Hari Raya Qurban Malaysia
4th Thursday in Nov. Nov 25 Thursday Thanksgiving Day U.S.
December 7 Dec 7 Tuesday Awal Muharam Malaysia
December 25 (Saturday) Dec 25 Friday Christmas Day U.S./Malaysia

This holiday closing schedule is subject to change and those who are planning to make a trip to the US Embassy in KL would probably be wise to check to make sure that the post will be open before making a trip to the post. In emergencies most US Embassies have a contact number that can be used to get in touch with the post. For example, a person ho loses their passport over a holiday weekend may be able to contact the Embassy and obtain a passport from the American Citizen Services Section of the Embassy. That being said, holidays at US diplomatic and Consular posts abroad are often used by Embassy personnel to take leave. This could result in delays in the days leading up to holidays and immediately thereafter. Those with business at an Embassy or Consulate would be wise to make certain that their affairs are conducted before a holiday break. For more information about the holiday closing schedule at the US Embassy in Kuala Lumpur please click: here.

For further information about US visas please see: K1 visa or K3 visa.

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