Integrity Legal

Posts Tagged ‘US Visa’

6th January 2019

As the year 2019 opens, it appears as though the process of obtaining and maintaining a Thai or American visa will be more difficult compared to years past. Although certain aspects of each process may involve increased laxity, flexibility, or efficiency the overall theme from immigration authorities in the United States and Thailand would seem to be one of heightened scrutiny and increasingly stringent enforcement measures.

American Immigration Issues

Some facets of the US visa process look to be improving. For example, the Department of State through the National Visa Center and various Embassies and Consulates abroad are becoming more efficient by shifting away from paper documentation over to a new digitized interface allowing faster processing of supporting documentation for immigrant and non-immigrant visa applications. This blogger can say from personal experience that the new system still has some issues to be worked out, but the overall system would suggest that faster processing times at NVC are likely to be a mainstay in the future.

That stated, the overall process of obtaining a US visa would appear to be getting more difficult especially in light of the current administration’s addition of a National Vetting Center tasked with adding scrutiny to the overall adjudication of visa petitions. Meanwhile, policy changes regarding adjudication of visa applications are likely to have substantial impact upon the amount of denials which are issued by USCIS in coming years. A memorandum which came into effect in September of 2018 allows officers of the United States Citizenship and Immigration Service to deny visa petitions much more easily compared to times past when a Request For Evidence generally had to be issued before a denial. These developments coupled with creation of bodies such as the DeNaturalization task force and the prospect of a prolonged government shutdown would suggest that matters pertaining to American immigration are likely to prove more difficult moving forward.

Thai Immigration Issues

Meanwhile, as the United States’ Immigration apparatus becomes more cumbersome, Immigration authorities in Thailand do not seem to be backing down from their position regarding immigration and immigration enforcement in the Kingdom. In the lead up to 2019, the overarching policy of “Good Guys in Bad Guys Out” (a policy of encouraging lawful visitors and immigrants to the Kingdom while attempting to discourage travelers with more nefarious motives) manifested itself in terms of enforcement with “Operation X-Ray Outlaw Foreigner“. By the end of 2018 Surachate “Big Joke” Hakparn had announced that tens of thousand of illegal aliens had been arrested, deported, and blacklisted from returning to Thailand. In December of 2018 further statements would suggest that although a great number of visa violators have been precluded from remaining in Thailand, the Immigration office’s vigilance will not decrease. Concurrently, the process of obtaining extensions of Thai retirement visas and Thai marriage visas are likely to become more difficult for some people as it will no longer be possible to obtain an income affidavit for such extensions. This comes at the same time as immigration authorities make comments that would indicate prospective increased scrutiny on those using visa services to obtain retirement and marriage visa extensions by dint of funds on account in a Thai bank.

All of the above developments would indicate that immigration matters in both countries will continue to be complex if not downright difficult in the coming year and beyond.

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10th November 2017

The following is a transcript of the video found here: K-1 Fiance Visas From Cambodia:

In this video we are going to be discussing the K-1 Fiancee Visa specifically in the context of Consular processing in the Kingdom of Cambodia; specifically the US Embassy in Phnom Penh.

For those of you who have checked out this channel and seen some of the other videos, you probably know that we are based in Bangkok, Thailand, we do deal primarily with immigration matters arising with Thai-American nationality generally, we deal with a lot of US family immigration matters, fiancée visas, marriage visas etc.

Just because we’re located here, does not mean necessarily that this is our exclusive bailiwick with respect to US immigration.  It is sort of interesting in so far as immigration attorneys who practice in the United States tend to have a plethora of rather wide range of nationality of clientele that they deal with, whereas, it is sort of somewhat inverted by us being based in Bangkok we primarily deal with Thai nationals. But that being said, I have dealt with cases involving the US Embassy in Phnom Penh, Cambodia, quite a number of cases involving that particular post, mostly because of its nearby proximity to Thailand here.  But that being said, for those who are interested in sort of an overview of the process it’s best to sort of look at it in 2 phases: One involves the Department of Homeland Security.  The Immigration apparatus, USCIS under the auspices of DHS, Department of Homeland Security, is going to go ahead and adjudicate what is called an I-129 F petition. That petition is basically the starting point of the process if you will. You have got to file a petition and you have got to get approval from the Department of Homeland Security, USCIS, before being able to proceed further with the K-1 visa. After the initial adjudication of the petition, and let’s go into some details of some requirements associated with the petition, most notably the couple in question must both be legally free to  marry at the time that the application is filed. Moreover, both parties need to have met physically, in person within a 2-year period of their initial filing of the petition for a K-1 visa status. The big things to keep in mind is that “You have got to be legally free to marry”, you can’t be getting a divorce, you have to already be divorced if you have a prior spouse; you have got to be legally free to marry and the other thing to keep in mind is this can sort of happen in certain common law jurisdictions or sometimes even in civil law jurisdictions. You can’t get married legally while the K-1 is processing, even if it’s to each other, you have to wait and remain fiancées until the foreign fiancée in this case Khmer, presumably coming out of Phnom Penh, comes to the United States and then you have 90 days to get married and file to adjust status. Adjustment of status is a different process. It comes subsequent to marriage, in the United States. There’s another video on this channel which specifically discusses the details of adjustment of status. Suffice it to say that basically that’s the process by which the foreign fiancée, and later spouse, becomes a lawful permanent resident, aka a green card holder in the United States.  So that’s sort of the back end of the process. Going back, petition, have to have met within 2 years of filing, need to be legally free to marry, there’s other details associated with this, I am not going to get too deep into that side of things, but presuming USCIS DHS approval, the matter is going to move quickly over to the National Visa Center which acts as a sort of clearing house or routing hub to send it to the appropriate Embassy or  Consulate abroad, in the case of Cambodia Nationals, presumably that’s going to be Phnom Penh , Cambodia and at that point, you need to deal with the specific Consular processing mandates of the visa section of the Embassy over there.

It is interesting to bring up with respect to K-1 visas, they are what is considered a dual intent visa. So technically speaking, they’re non-immigrant category but for purposes of consular processing, and sort of the application process, they are treated for all intents and purposes as Immigrant visas, just like a spouse visa, CR -1 IR -1 or “shades of grey” here but the K-3 visa. So basically to sum up, with respect to this video, the process for getting a fiancée of Cambodian nationality into the United States, begins in the United States, progresses through multiple agencies over there before getting to the US Embassy in Phnom Penh and then there’s various documentation associated with the overall process and various documents which need to be translated from Khmer to English etc. Our services, we can provide those translations, part and parcel with what we deal with on a regular basis. I oftentimes have to go over to Phnom Penh to deal with clients as well and that can sometimes come up. But just generally speaking, as sort of from an overview of how the process works and what we can do to assist if necessary is basically, it starts in the US, comes over to the Embassy and finally, I think it is pretty safe to say probably 8 months, 9 months on average, all in, the processing time for getting a K-1. It can move faster, it can move slower. The thing to keep in mind with respect to all US visa applications is they’re like snowflakes, every one of them is unique, every one of them is slightly different and you are going to see one case may move inordinately quickly, we actually had one process through quite quickly as far as sort of compared to averages and I think it sort of just hit the right desk at the right minute and just sort of went through whereas some cases they just move more slowly.  It’s going to differ, case to case, circumstance to circumstance but that being said, with respect specifically to Cambodia K-1 Visas again are going to start processing in the United States, they’re going to end up in Cambodia and then once the Cambodian national comes to the United States and marries their American citizen fiancée, they can go ahead and petition to adjust status and receive a green card in the US.

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22nd June 2017

It recently came to this blogger’s attention that President Trump recently promulgated an executive order which amends a prior Obama administration order which dealt directly with processing procedures for non-immigrant visas to the United States of America. This Presidential executive order was enacted on June 21, 2017. The most pertinent section of the order, in this blogger’s opinion, reads as follows:

Section 1.  Amendment to Executive Order 13597.  Executive Order 13597 of January 19, 2012 (Establishing Visa and Foreign Visitor Processing Goals and the Task Force on Travel and Competitiveness), is amended by deleting subsection (b)(ii) of section 2 of that order.

In order to better understand the importance of this amendment, it is important to quote directly from the aforementioned order, specifically the section being deleted:

(b) The Secretaries of State and Homeland Security, in consultation with the Assistant to the President for Homeland Security and Counterterrorism, the Director of the Office of Management and Budget, and the heads of such agencies as appropriate, shall develop an implementation plan, within 60 days of the date of this order, describing actions to be undertaken, including those that build upon efforts underway, to achieve the following…

(ii) ensure that 80 percent of nonimmigrant visa applicants are interviewed within 3 weeks of receipt of application, recognizing that resource and security considerations and the need to ensure provision of consular services to U.S. citizens may dictate specific exceptions;

As the underlined portion noted above points out the specific section which has been deleted seems imply that fast non-immigrant visa processing is no longer a significant priority of the administration. Moreover, the President has specifically ordered Department of State personnel to disregard the previous administration’s clear policy of using best efforts to quickly process visa applications of those seeking non-immigrant visa benefits for the USA.

What type of visa applicants will most likely be affected by this policy change? Applicants for visas such as the B-1 visa (business visa), the B-2 visa (tourist visa), F-1 visa (student visa), J-1 visa (exchange visitor visa), as well as any other visa which is considered a non-immigrant visa (with the probable exception of so-called “dual intent visas“) will be directly impacted by this recent order. Concurrently, what will this mean in practical terms for processing of future visa applications? On the bright side, it takes time for policies to be enacted and thus result in a substantial impact on applicants. Furthermore, as the previous administration enacted policies to speed up non-immigrant visa processing and made practical provisions associated therewith it seems logical to infer that such measures are unlikely to be reversed quickly. Therefore, those seeking non-immigrant visa benefits in the near future are unlikely to be overwhelmingly adversely affected. That stated, those seeking similar benefits in a longer term context could see application processing times lagging compared to present time frames.

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27th May 2017

It has come to this blogger’s attention that the new administration in the USA has promulgated policies which will place more scrutiny upon those who may be applying for visas to the USA in the future. The proposed “extreme vetting” of US visa applications in a Consular Processing context appears to be aimed at narrow subsets of “red flagged” visa applicants. In order to best summarize this policy shift, it is necessary to quote directly from a relatively recent Reuters article:

The final cable seen by Reuters, issued on March 17, leaves in place an instruction to consular chiefs in each diplomatic mission, or post, to convene working groups of law enforcement and intelligence officials to “develop a list of criteria identifying sets of post applicant populations warranting increased scrutiny.” Applicants falling within one of these identified population groups should be considered for higher-level security screening…

The new administration appears keen to narrowly target those applicants which are deemed to be appropriate for “increased scrutiny”. However, a rather recent proposal has been submitted by the U.S. Department of State requesting implementation of the emergency review procedures of the Paperwork Reduction Act of 1995. In short, the DOS is requesting expedited processing of a request to modify the forms associated with applications for US visas. To quote directly from the US government website Regulations.gov:

The Department proposes requesting the following information, if not already included in an application, from a subset of visa applicants worldwide, in order to more rigorously evaluate applicants for terrorism or other national security-related visa ineligibilities:

  • Travel history during the last fifteen years, including source of funding for travel;
  • Address history during the last fifteen years;
  • Employment history during the last fifteen years;
  • All passport numbers and country of issuance held by the applicant;
  • Names and dates of birth for all siblings;
  • Name and dates of birth for all children;
  • Names and dates of birth for all current and former spouses, or civil or domestic partners;
  • Social media platforms and identifiers, also known as handles, used during the last five years; and
  • Phone numbers and email addresses used during the last five years.

 

Most of this information is already collected on visa applications but for a shorter time period, e.g. five years rather than fifteen years. Requests for names and dates of birth of siblings and, for some applicants, children are new. The request for social media identifiers and associated platforms is new for the Department of State, although it is already collected on a voluntary basis by the Department of Homeland Security (DHS) for certain individuals.

It is this blogger’s opinion that the long term implications of these policy changes will be broad. However, from reading the aforementioned notice, it appears that, at the present time, DOS personnel will only be seeking more detailed information on certain individual applicants, and not from all applicants seeking visas to the USA. How will the narrow subset of applicants subject to increased scrutiny be determined? To answer that it is necessary to quote further from the Regulations.gov website:

Department of State consular officers at visa-adjudicating posts worldwide will ask the proposed additional questions to resolve an applicant’s identity or to vet for terrorism or other national security related visa ineligibilities when the consular officer determines that the circumstances of a visa applicant, a review of a visa application, or responses in a visa interview indicate a need for greater scrutiny.

Notwithstanding the fact that enhanced scrutiny will apparently only be applied on a case by case basis and only upon those individuals who are deemed to be in need of such scrutiny it seems logical to infer that at some point these additional screening protocols may be applied on a broader basis; if for no other reason than the fact that applying such scrutiny across the board might save time and resources of Consular Officials making cases by case determinations. As it stands, as of the time of this writing, the new protocols add a degree of uncertainty to the visa application process and Consular processing in general as it is difficult to foresee what may be considered a trait which warrants heightened scrutiny. Therefore, planning for such an eventuality is problematic.

As this situation continues to evolve this blog will post further updates.

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29th January 2017

For those who have been following the news in recent days it is not new information that President Donald Trump has signed new executive orders with respect to US immigration and travelers from various countries. Effectively, these orders ban certain foreign nationals from obtaining a visa to the USA or entering the USA for at least 90-120 days. Although at present it appears that these orders will only directly impact nationals of Iraq, Syria, Iran, Libya, Somalia, Sudan, and Yemen there are certain aspects of the order which may impact the US immigration process in a broad sense. For example so-called “extreme vetting” protocols which these orders call for may conceivably be implemented by State Department personnel worldwide in connection with the US visa process. Furthermore, it now appears that those who already hold green cards, but are outside of the USA may be turned away by United States Customs and Border Protection (USCBP) or be required to undergo further screening which was not required for reentry to the USA in the past.

Many following this story may be asking themselves: by what authority is the President able to impose these recent restrictions? Pursuant to 8 U.S. Code § 1182:

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

It should further be noted that the same statute goes on to mention that the Attorney General has specific powers with regard to the aforementioned issue:

Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.

Clearly, the President has statutory authority to impose restrictions like those recently created by Trump. The section regarding the power of the Attorney General in this regard is mentioned because in many cases individuals affected by these new rules will be denied the ability to board an airline bound for the USA as airlines and airline personnel do not wish to be the subject of fines and sanctions associated with transporting someone to the USA who has a strong chance of being refused entry.

As of the time of this writing, it remains to be fully seen exactly how these recent executive orders will play out. This is especially true in light of the fact that certain legal actions have resulted in court orders against implementation of these initiatives. Notwithstanding these developments it is very likely that many of the recently enacted restrictions will remain, at least for practical purposes, in place in the foreseeable future.

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10th November 2016

In light of recent events in the United States election and the campaign promises made by the now President-elect, it seems appropriate to assume that Immigration matters will likely come to the forefront of American political discussion. For this reason, this blogger finds it relevant to provide an overview of the Immigration apparatus and how the components function.

In order to understand U.S. Immigration matters and the enforcement of U.S. Immigration law one must first understand the Department of Homeland Security. This Department oversees most of the Immigration matters arising in the United States (The Department of State deals with matters pertaining to US visas issued abroad, for more information on the role DOS plays in the immigration process please check out the many pages on this blog dedicated to Consular Processing information).

There are three agencies under the jurisdiction of DHS which deal with different aspects of Immigration law and policy. The first agency that many intending immigrant will no doubt have had dealings with is the United States Citizenship and Immigration Service or USCIS. This agency is tasked with adjudicating petitions for immigration benefits such as immigrant visas, work visas, and certain temporary stay visas. Furthermore, the USCIS also adjudicates I-601 waivers of inadmissibility as well as I-212 waivers for those who have previously been subjected to expedited removal. Those wishing to travel from abroad to the United States on some sort of immigrant or work authorized visa will likely have contact with USCIS.

Another component of DHS which deals with Immigration is the United States Immigration and Customs Enforcement Service or USICE. USICE is often the agency tasked with ascertaining the legal status of foreign nationals physically present in the USA and if found to be present in the USA illegally USICE agents are tasked with apprehending such individuals and placing them in deportation proceedings.

Finally, there is the United States Customs and Border Protection Service or USCBP. In the US visa process, USCBP is arguably the most overlooked yet one of the most significant agencies an intending immigrant will deal with. Unbeknownst to most, notwithstanding the issuance of a valid visa, USCBP has the authority to turn away any alien attempting to enter the USA. In actual practice, an alien with a validly issued visa is unlikely to be refused admission at a port of entry, but it can happen. In most cases such refusal is due to a belief on the part of a USCBP officer that an alien attempting to enter the USA on a non-immigrant visa in fact has immigrant intent. This happens frequently to tourist visa holders who are attempting to conduct a so-called visa run in order to remain in the USA. In those cases involving immigrant spouses of US citizens holding visas such as the K-3, the CR-1, or the IR-1 refusal to admit the alien spouse is quite rare. The same can be said for foreign fiancees of US Citizens holding a K-1 visa, but the fact that USCBP has plenary power to turn away any alien seeking admission should not be forgotten.

Meanwhile in an interesting article in The Intercept, it was noted that certain documents have come to light which apparently show that although USCBP has traditionally recognized law enforcement functions (especially with respect to Customs matters) they also work with the FBI in matters not routinely thought of when pondering USCBP’s role. To quote directly from the aforementioned article:

“It is no surprise that law enforcement closely monitors border crossings for criminals or terror suspects. The initiatives described in these documents, however, are explicitly about gathering intelligence, not enforcing the law. A person doesn’t have to be connected to an active investigation or criminal suspect in order to be flagged; the FBI might want them for their potential to provide general intelligence on a given country, region, or group. The goal, according to an FBI presentation on an initiative at Boston’s Logan Airport, is “looking for ‘good guys’ not ‘bad guys.’”

Although immigration matters are often viewed as a “boring” aspect of the United States bureaucracy it should be noted that agents of the Department of Homeland Security play a significant role in maintaining the security of the USA and assist even in the gathering of intelligence.

Although the ultimate policies of the new administration regarding immigration matters remain to be seen it seems logical to infer that should the administration wish to make the immigration process more difficult for foreign nationals, then the sophisticated mechanisms mentioned above would likely have the capacity to make certain that such a course of events actually transpires.

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7th August 2013

The administration of this blog routinely posts the holiday closing schedules of the various US Embassies and US Consulates in the Southeast Asia region to provide a single source for such information to Americans who frequently travel in the region as well as foreign nationals who may be seeking services at such posts. The following is quoted directly from the official website of the United States Embassy in Vientiane, Laos:


Date Day Holiday
January 1 Tuesday New Year’s Day
January 21 Monday Martin Luther King, Jr.’s Birthday
February 18 Monday Presidents’ Day
March 8 Friday International Women’s Day
April 15-17 Monday – Wednesday Lao New Year
May 1 Wednesday Lao Labor Day
May 27 Monday Memorial Day
July 4 Thursday Independence Day
September 2 Monday Labor Day
October 14 Monday Columbus Day
October 21 Monday Boat Racing Festival
November 11 Monday Veteran’s Day
November 18 Monday That Luang Festival
November 28 Thursday Thanksgiving Day
December 2 Monday Lao National Day
December 25 Wednesday Christmas Day

Substitution days. Please note: According to the prevailing practice in Laos, official holidays which fall on Saturday will be observed on the preceding Friday and Sunday on the following Monday.

Each year, a significant number of Americans travel to a US Embassy or US Consulate abroad in order to request services such as Passport renewal, additional visa pages, notarization, Consular Reports of Birth Abroad (CRBA), and much more. Those wishing to avail themselves of these services are encouraged to contact American Citizen Services at the US Embassy or US Consulate concerned. In most cases, Americans are well-advised to make an appointment prior to traveling to the post as some Embassies and Consulates require a prior appointment while others can process a request much more quickly if an appointment has been made before arrival at the post.

Foreign nationals, especially those wishing to apply for a US visa, are also occasionally in need of access to a US Embassy or US Consulate abroad. In circumstances where a US visa is being sought it is generally a requirement that the foreign national schedule an appointment for visa interview prior to traveling to the post. Applicants for a US Tourist Visa (B-2 visa), US Business Visa (B-1 visa), US Student Visa (F-1 visa), or an Exchange Worker Visa (J-1 visa) are usually interviewed by a Consular Officer with a Non-immigrant visa unit. Meanwhile, those seeking an IR-1 visa (immigrant relative visa), CR-1 visa (conditional immigrant visa for an immigrant relative), K-3 visa (non-immigrant spouse visa), or a K-1 visa (US fiance visa for the fiance or fiancee of an American Citizen) are usually required to undergo an interview before a Consular Officer under the Immigrant Visa Section of the Consular Post.

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27th July 2013

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

Field Office Processing Dates for California Service Center as of: May 31, 2013
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 2.5 Months
I-129 Petition for A Nonimmigrant Worker Blanket L 2 Months
I-129 Petition for A Nonimmigrant Worker E – Treaty traders and investors 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Visa to be issued abroad 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-2A – Temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-2B – Other temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-3 – Temporary trainees 2 Months
I-129 Petition for A Nonimmigrant Worker L – Intracompany transfers 1 Months
I-129 Petition for A Nonimmigrant Worker O – Extraordinary ability 2 Weeks
I-129 Petition for A Nonimmigrant Worker P – Athletes, artists, and entertainers 2 Weeks
I-129 Petition for A Nonimmigrant Worker Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process 2 Months
I-129 Petition for A Nonimmigrant Worker R – Religious occupation 5 Months
I-129 Petition for A Nonimmigrant Worker TN – North American Free Trade Agreement (NAFTA) professional 2 Months
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child 5 Months
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 November 15, 2011
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 February 1, 2010
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 October 4, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 June 21, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister February 11, 2010
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers 5 Months
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications May 30, 2012
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States March 16, 2012
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications 2.5 Months
I-601 Application for Waiver of Grounds of Inadmissibility Waiver of Grounds of Inadmissibility 4 Months
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution 4 Months
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents 6 Months
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] 3 Weeks
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] 3 Months
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] 3 Months
I-765 Application for Employment Authorization Based on an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). 90 Days
I-765 Application for Employment Authorization All other applications for employment authorization November 28, 2011
I-821 Application for Temporary Protected Status El Salvador extension 3 Months
I-821 Application for Temporary Protected Status El Salvador initial or late filing 3 Months
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension 3 Months
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing 3 Months
I-821D Consideration of Deferred Action for Childhood Arrivals Request for Deferred Action 6 Months
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition 3 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) May 16, 2012
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 September 12, 1997
Field Office Processing Dates for Nebraska Service Center as of: May 31, 2013
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 March 16, 2013
I-131 Application for Travel Document Refugee or asylee applying for a refugee travel document 3 Months
I-131 Application for Travel Document Permanent resident applying for a re-entry permit 3 Months
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole 3 Months
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole 3 Months
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-140 Immigrant Petition for Alien Worker Extraordinary ability January 2, 2013
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher 4 Months
I-140 Immigrant Petition for Alien Worker Multinational executive or manager January 16, 2013
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability 4 Months
I-140 Immigrant Petition for Alien Worker Skilled worker or professional 4 Months
I-140 Immigrant Petition for Alien Worker Unskilled worker 4 Months
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver January 16, 2013
I-140 Immigrant Petition for Alien Worker Schedule A Nurses 4 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Under the Haitian Refugee Immigrant Fairness Act (HRIFA) 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Under the Indochinese Adjustment Act 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Under the Nicaraguan and Central American Relief Act (NACARA) 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on refugee admission more than 1 year ago 4 Months
I-601 Application for Waiver of Grounds of Inadmissibility Waiver of Grounds of Inadmissibility 4 Months
I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee 5 Months
I-765 Application for Employment Authorization Based on an approved asylum application [(a)(5)] 3 Months
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] May 8, 2013
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] 3 Months
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] 3 Months
I-765 Application for Employment Authorization Based on an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). 90 Days
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program 6 Months
I-821 Application for Temporary Protected Status El Salvador extension 3 Months
I-821 Application for Temporary Protected Status El Salvador initial or late filing 3 Months
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension 3 Months
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing 3 Months
I-821D Consideration of Deferred Action for Childhood Arrivals Request for Deferred Action 6 Months
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition January 15, 2013
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) 6 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 6 Months
N-565 Application for Replacement Naturalization/Citizenship Document U.S. citizen applying for a replacement of naturalization or citizenship certificate 6 Months
Field Office Processing Dates for Texas Service Center as of: May 31, 2013
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 2.5 Months
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-140 Immigrant Petition for Alien Worker Extraordinary ability 4 Months
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher 4 Months
I-140 Immigrant Petition for Alien Worker Multinational executive or manager 4 Months
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability 4 Months
I-140 Immigrant Petition for Alien Worker Skilled worker or professional 4 Months
I-140 Immigrant Petition for Alien Worker Unskilled worker 4 Months
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver 4 Months
I-140 Immigrant Petition for Alien Worker Schedule A Nurses 4 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago 4 Months
I-601 Application for Waiver of Grounds of Inadmissibility Waiver of Grounds of Inadmissibility 4 Months
I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee 5 Months
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] 3 Weeks
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] 3 Months
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] 3 Months
I-765 Application for Employment Authorization Based on an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). 90 Days
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program 6 Months
I-821D Consideration of Deferred Action for Childhood Arrivals Request for Deferred Action 6 Months
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition January 7, 2013
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 6 Months
N-565 Application for Replacement Naturalization/Citizenship Document U.S. citizen applying for a replacement of naturalization or citizenship certificate 6 Months
Field Office Processing Dates for Vermont Service Center as of: May 31, 2013
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 July 1, 2012
I-129 Petition for A Nonimmigrant Worker Blanket L 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Visa to be issued abroad 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-2B – Other temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-3 – Temporary trainees 2 Months
I-129 Petition for A Nonimmigrant Worker L – Intracompany transfers 1 Months
I-129 Petition for A Nonimmigrant Worker O – Extraordinary ability 2 Weeks
I-129 Petition for A Nonimmigrant Worker P – Athletes, artists, and entertainers 2 Weeks
I-129 Petition for A Nonimmigrant Worker Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process 2 Months
I-129 Petition for A Nonimmigrant Worker R – Religious occupation 5 Months
I-129 Petition for A Nonimmigrant Worker TN – North American Free Trade Agreement (NAFTA) professional 2 Months
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 April 16, 2012
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 October 22, 2012
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 April 9, 2012
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 April 9, 2012
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 March 5, 2012
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister December 4, 2010
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Violence Against Women Act (VAWA) May 7, 2012
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications April 16, 2012
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications 2.5 Months
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents 6 Months
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] March 27, 2013
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] October 31, 2010
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] January 6, 2011
I-765 Application for Employment Authorization Based on an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). 90 Days
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program 6 Months
I-821 Application for Temporary Protected Status El Salvador extension October 31, 2010
I-821 Application for Temporary Protected Status El Salvador initial or late filing October 31, 2010
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension October 31, 2010
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing October 31, 2010
I-821D Consideration of Deferred Action for Childhood Arrivals Request for Deferred Action 6 Months
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition 3 Months
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement 3.5 Months
I-90A Application to Replace Permanent Resident Card Initial issuance or replacement for Special Agricultral Workers (SAW) 3.5 Months
I-914 Application for T Non-immigrant Status Provide temporary immigration benefits to an alien who is a victim of trafficking in persons, and immediate family 4 Months
I-918 Petition for U Non-immigrant Status Provide temporary immigration benefits to an alien who is a victim of qualifying criminal activity, and their qualifying family May 7, 2012

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

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

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

more Comments: 04

29th June 2013

After the landmark decision handed down by the United States Supreme Court in which the Court held that section 3 of the Defense of Marriage Act (DOMA) violates the 5th Amendment of the United States Constitution there has been increasing speculation regarding how this will impact those seeking United States Immigration benefits such as US visas and Lawful Permanent Residence (Green Card status). It recently came to this blogger’s attention that the Secretary of the Department of Homeland Security, Janet Napolitano, recently commented on this issue, to quote her comments directly from the DHS official website:

“I applaud today’s Supreme Court decision in United States v. Windsor holding that the Defense of Marriage Act (DOMA) is unconstitutional. This discriminatory law denied thousands of legally married same-sex couples many important federal benefits, including immigration benefits.  I am pleased the Court agreed with the Administration’s position that DOMA’s restrictions violate the Constitution. Working with our federal partners, including the Department of Justice, we will implement today’s decision so that all married couples will be treated equally and fairly in the administration of our immigration laws.”

Clearly it appears that DHS is in the process of implementing new policies which would comport with the Court’s decision. This is likely to have a tremendous impact upon same-sex bi-national couples. Before the Court handed down their decision it was not possible for most gay, lesbian, bi-sexual, or transgender (LGBT) couples to obtain immigration benefits based upon their marital relationship. Now that the Supreme Court has ruled that same sex marriages will receive the same recognition as different-sex mariages in the eyes of federal law the door is now open for LGBT couples to apply for benefits such as a “Green Card” or an immigrant visa (IR-1, CR-1). It may also be possible for same sex bi-national couples who are not yet married to apply for a K-1 fiance visa based upon the couple’s intention to travel to the United States to marry in one of those States (California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, and Washington) that recognize same-sex marriage. That being stated, it is likely that it may take some time to implement proper policies to reflect the new legal reality, but the time is right for same sex bi-national couples to begin researching their options with regard to United States immigration as it appears likely that one day soon a same sex spouse of an American Citizen will receive an immigrant visa based upon the couple’s marital status.

For related information please see: US Visa Thailand or K1 Visa Thailand.

more Comments: 04

6th April 2012

The administration of this web log routinely posts the estimated case processing times of the United States Citizenship and Immigration Service (USCIS) in order to provide pertinent information to interested parties. The following estimated processing times are quoted directly from the official website of USCIS:

Field Office Processing Dates for California Service Center as of: January 31, 2012
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 June 22, 2011
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 January 13, 2010
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 May 22, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 June 15, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister February 11, 2010
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers 5 Months
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications February 24, 2007
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States 8 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 a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] 3 Weeks
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] 3 Months
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] 3 Months
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-821 Application for Temporary Protected Status El Salvador extension 3 Months
I-821 Application for Temporary Protected Status El Salvador initial or late filing 3 Months
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension 3 Months
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing 3 Months
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition 3 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) 6 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 September 12, 1997

 

Field Office Processing Dates for Texas Service Center as of: January 31, 2012
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 November 9, 2011
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child October 2, 2010
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child October 2, 2010
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 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 May 3, 2010
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants April 2, 2011
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Violence Against Women Act (VAWA) May 3, 2010
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers April 2, 2011
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications June 2, 2011
I-485 Application to Register Permanent Residence or to Adjust Status Under the Haitian Refugee Immigrant Fairness Act (HRIFA) 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Under the Indochinese Adjustment Act 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Under the Nicaraguan and Central American Relief Act (NACARA) 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago August 16, 2011
I-485 Application to Register Permanent Residence or to Adjust Status Based on refugee admission more than 1 year ago 4 Months
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution June 4, 2011
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)] August 9, 2011
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] August 9, 2011
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] October 17, 2011
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] August 9, 2011
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 August 9, 2011
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program 6 Months
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition May 31, 2011
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: January 31, 2012
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 November 20, 2011
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. November 20, 2011
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. October 16, 2011
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 December 18, 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 November 27, 2011
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 June 17, 2011
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 January 9, 2011
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 November 13, 2010
I-131 Application for Travel Document Refugee or asylee applying for a refugee travel document August 2, 2011
I-131 Application for Travel Document Permanent resident applying for a re-entry permit August 2, 2011
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole 3 Months
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole 3 Months
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal May 2, 2011
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants April 17, 2011
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Violence Against Women Act (VAWA) April 17, 2011
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers June 5, 2011
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications August 14, 2011
I-485 Application to Register Permanent Residence or to Adjust Status Under the Haitian Refugee Immigrant Fairness Act (HRIFA) 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Under the Indochinese Adjustment Act 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Under the Nicaraguan and Central American Relief Act (NACARA) 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on refugee admission more than 1 year ago 4 Months
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States 8 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 June 20, 2011
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)] December 25, 2011
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] October 31, 2010
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] January 6, 2011
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program July 16, 2011
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-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 July 25, 2011
I-918 Petition for U Non-immigrant Status Provide temporary immigration benefits to an alien who is a victim of qualifying criminal activity, and their qualifying family May 23, 2011
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

It should be noted that these processing time estimates may not accurately reflect the overall time it takes to process an entire case as further time may be expended processing a case through the National Visa Center (NVC). Furthermore, those awaiting a US visa (such as a K-1 visa or a CR-1 visa) outside of the United States will likely be required to undergo Consular Processing at a US Embassy or US Consulate abroad  before prospective issuance.

For related information please see: K1 visa Thailand.

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