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Archive for the ‘K-3 Visa Thailand’ Category
14th February 2021
Biden Executive Order on Immigration and Updates on Thai Visa Policy
Posted by : admin
Since the last posting on this blog there have been a number of developments and discussions with respect to both Thai and American immigration issues. One development which has received substantial media coverage has been the Executive Orders signed by President Biden with regard to Immigration policy. Of particular note to the administration of this web log was the order titled: Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans. The content of this Executive Order seems designed to impose a new policy paradigm upon the Immigration bureaucracy (or perhaps reimpose of a previously existing paradigm). This effort to change the prevailing paradigm is evidenced in the opening lines of the order itself:
Consistent with our character as a Nation of opportunity and of welcome, it is essential to ensure that our laws and policies encourage full participation by immigrants, including refugees, in our civic life; that immigration processes and other benefits are delivered effectively and efficiently; and that the Federal Government eliminates sources of fear and other barriers that prevent immigrants from accessing government services available to them…The Federal Government should develop welcoming strategies that promote integration, inclusion, and citizenship, and it should embrace the full participation of the newest Americans in our democracy.
Clearly, the administration seeks to re-establish a sense of decorum and compassion tot eh immigration system. The order goes on the delineate as to more concrete steps toward those ends:
Sec. 3. Restoring Trust in our Legal Immigration System. The Secretary of State, the Attorney General, and the Secretary of Homeland Security shall review existing regulations, orders, guidance documents, policies, and any other similar agency actions (collectively, agency actions) that may be inconsistent with the policy set forth in section 1 of this order.
(a) In conducting this review, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall:
(i) identify barriers that impede access to immigration benefits and fair, efficient adjudications of these benefits and make recommendations on how to remove these barriers, as appropriate and consistent with applicable law; and
(ii) identify any agency actions that fail to promote access to the legal immigration system — such as the final rule entitled, “U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements,” 85 Fed. Reg. 46788 (Aug. 3, 2020), in light of the Emergency Stopgap USCIS Stabilization Act (title I of division D of Public Law 116-159) — and recommend steps, as appropriate and consistent with applicable law, to revise or rescind those agency actions.
(b) Within 90 days of the date of this order, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit a plan to the President describing the steps their respective agencies will take to advance the policy set forth in section 1 of this order.
(c) Within 180 days of submitting the plan described in subsection (b) of this section, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit a report to the President describing the progress of their respective agencies towards implementing the plan developed pursuant to subsection (b) of this section and recognizing any areas of concern or barriers to implementing the plan.
It remains to be seen precisely how this will impact the American immigration system, and it should be noted that the apparatus is unlikely to fundamentally change over night. That stated, there is good reason to hope there may be “light at the end of the tunnel” after months of seemingly unnecessary delay and obfuscation in the visa process. There does appear to one area of particular interest to the current administration with respect to US immigration. Namely, there have been a number of issues associated with the “Public Charge rule” and prior to the issue of COVID-19 coming to the forefront of immigration analysis, public charge was shaping up to be a significant obstacle for a number of family based immigration cases (including, but not limited to: the K-1 visa, the K-3 visa, the CR-1 visa, and the IR-1 visa categories). The recently promulgated order seems to take this issue seriously:
The Secretary of State, the Attorney General, the Secretary of Homeland Security, and the heads of other relevant agencies, as appropriate, shall review all agency actions related to implementation of the public charge ground of inadmissibility in section 212(a)(4) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(a)(4), and the related ground of deportability in section 237(a)(5) of the INA, 8 U.S.C. 1227(a)(5). They shall, in considering the effects and implications of public charge policies, consult with the heads of relevant agencies, including the Secretary of Agriculture, the Secretary of Health and Human Services, and the Secretary of Housing and Urban Development.
(a) This review should:
(i) consider and evaluate the current effects of these agency actions and the implications of their continued implementation in light of the policy set forth in section 1 of this order;
(ii) identify appropriate agency actions, if any, to address concerns about the current public charge policies’ effect on the integrity of the Nation’s immigration system and public health; and
(iii) recommend steps that relevant agencies should take to clearly communicate current public charge policies and proposed changes, if any, to reduce fear and confusion among impacted communities.
(b) Within 60 days of the date of this order, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit a report to the President describing any agency actions identified pursuant to subsection (a)(ii) of this section and any steps their agencies intend to take or have taken, consistent with subsection (a)(iii) of this section.
It seems the administration is particularly keen to address the difficulties imposed by rules changes pertaining to public charge and hopefully some revision of the rules may be forthcoming sooner rather than later.
Meanwhile, although there has not been a great deal of substantive change to current immigration policy in Thailand, there has been a great deal of discussion regarding possible policy changes to in an effort to revitalize the Thai tourism sector which, depending upon the source, seems to have seen between 1-3 million layoffs since the response to the pandemic began. Once solution discussed has been the notion of a “vaccine passport” or “immunity passport“. Essentially, this notion centers upon the idea that those who can prove they have been inoculated against COVID-19, via one of the many vaccinations currently on the market, will be allowed to travel to Thailand without the need to quarantine in one of the alternative state quarantine (ASQ) facilities. Notwithstanding the fact that there has ben a great deal of discussion on this matter, it currently appears, as with the so-called “travel bubble” scheme, that this program will not be implemented any time soon. As the tourism sector in Thailand languishes, long stay tourists may avail themselves to special tourist visas or standard TR visas to stay in Thailand. Furthermore, the Thai retirement visa remains a viable option for those wishing to travel to Thailand for retirement purposes.
22nd April 2020
An Executive Order has been issued by the Trump administration regarding suspension of immigration to the United States for the forthcoming 60 days. However, the order does not appear to apply to those seeking a K-1 visa to bring a foreign fiance to the USA. Concurrently, it also does not appear to apply to American visas for the spouses and children of U.S. Citizens. To quote directly from the relevant sections of the order as posted on the White House website:
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby find that the entry into the United States of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following:
Section 1. Suspension and Limitation on Entry. The entry into the United States of aliens as immigrants is hereby suspended and limited subject to section 2 of this proclamation.
Sec. 2. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who:
(i) are outside the United States on the effective date of this proclamation;
(ii) do not have an immigrant visa that is valid on the effective date of this proclamation; and
(iii) do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
(b) The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:
(i) any lawful permanent resident of the United States;
(ii) any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees; and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;
(iii) any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;
(iv) any alien who is the spouse of a United States citizen;
(v) any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
(vi) any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;
(vii) any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;
(viii) any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or
(ix) any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
Sec. 3. Implementation and Enforcement. (a) The consular officer shall determine, in his or her discretion, whether an immigrant has established his or her eligibility for an exception in section 2(b) of this proclamation. The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish in the Secretary of State’s discretion. The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish in the Secretary of Homeland Security’s discretion.
(b) An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security.
(c) Nothing in this proclamation shall be construed to limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws of the United States.
Sec. 4. Termination. This proclamation shall expire 60 days from its effective date and may be continued as necessary. Whenever appropriate, but no later than 50 days from the effective date of this proclamation, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend whether I should continue or modify this proclamation.
Sec. 5. Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on April 23, 2020.
Sec. 6. Additional Measures. Within 30 days of the effective date of this proclamation, the Secretary of Labor and the Secretary of Homeland Security, in consultation with the Secretary of State, shall review nonimmigrant programs and shall recommend to me other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.
Sec. 7. Severability. It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the interests of the United States. Accordingly:
(a) if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby; and
(b) if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid because of the lack of certain procedural requirements, the relevant executive branch officials shall implement those procedural requirements to conform with existing law and with any applicable court orders.
Sec. 8. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or,
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-second day of April, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth.DONALD J. TRUMP
Clearly, there are many who might see their cases negatively impacted by this order. To preface any further analysis, it should be noted that visa processing has been suspended at the US Embassy in Bangkok, Thailand as well as the US Embassy in Vientiane, Laos and the US Embassy in Phnom Phen, Cambodia due to the COVID-19 outbreak. So regardless of this order, it is not currently possible to obtain a visa from these posts as interviews have been suspended. Bearing the above in mind, the following analysis will demonstrate that this order will NOT have an impact on fiance visa and marriage visa cases for the fiances and/or spouses of American citizens:
The executive order states: “The entry into the United States of aliens as immigrants is hereby suspended and limited subject to section 2 of this proclamation.” The K-1 visa is designed for the fiance of an American citizen to to travel to the United States with the intention of marriage. It grants the bearer 90 days of lawful status in the USA in which to marry their American fiance and file for adjustment of status to lawful permanent residence (aka Green Card status). It is important to note: the K-1 visa is a non-immigrant visa, albeit a dual intent visa. For purposes of processing it is treated as an immigrant visa (for example K-1 cases process through the Immigrant Visa Unit of the American Embassy in Thailand), but pursuant to United States law it is in fact a non-immigrant visa. The above cited executive order only pertains to immigrant visas. Therefore, this order does not have any bearing upon the processing of a K-1 fiance visa case.
What about cases involving the spouse of an American citizen where the spouse would enter the USA and be granted an I-551 stamp thereby granting permanent residence to the foreign spouse upon entry? The above executive order speaks directly to such a situation: “The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:…(iv) any alien who is the spouse of a United States citizen“[Emphasis Added]. Clearly the suspension ordered in Trump’s executive order will exempt spouses of Americans. Therefore, those foreign spouses of American citizens seeking a K-3 visa, CR-1 visa, or IR-1 visa will not be adversely impacted by the provisions of this executive order.
Finally, the following should be noted: “This proclamation shall expire 60 days from its effective date…This proclamation is effective at 11:59 p.m. eastern daylight time on April 23, 2020.” Thus, unless this order is extended it will expire 60 days from now. We will keep readers updated on this blog as the situation progresses.
27th January 2014
Same Sex Weddings Legalized in Vietnam (Marriage Itself Not Recognized)
Posted by : admin
It recently came to this blogger’s attention that Vietnam has legalized same sex wedding ceremonies performed in that Southeast Asian nation. Prior to this announcement it was illegal for same sex couples to have a marriage ceremony performed in Vietnam and also illegal for same sex couples to cohabit without fear of government reprisal. It should be noted that these recent measures only allow same sex couples to have a marriage ceremony, notwithstanding the fact that such ceremonies will have no legal recognition in Vietnam (or elsewhere). However, many LGBT rights activists believe that this is a significant step towards eventual marriage equality in Vietnam.
Meanwhile, in the Kingdom of Thailand the struggle still continues to see the full marriage equality. Unlike Vietnam, Thailand has allowed same sex marriage ceremonies within their jurisdiction for some time. It should also be noted that Thailand is one of the most tolerant nations in Southeast Asia when it comes to LGBT issues. However, the law in Thailand still stipulates that a legally recognized marriage is a union between one man and one woman. There are many activists in the Kingdom hoping to change these rules in order to allow same sex couples the right to get married. With recent political turmoil in the Kingdom and uncertainty surrounding upcoming elections it remains to be seen whether any change to the current law will speedily occur, but some believe that the tolerant attitude in Thailand will lead to changes in the law especially in light of the fact that recent proposals in the Thai parliament would, if adopted, allow same sex couples to legalize their marriages.
The issue of same sex marriage legalization is of concern to many same-sex bi-national couples since the Supreme Court’s 2013 decision granting federal recognition of same sex unions. One result of this decision was that same sex couples and spouses are now eligible to receive United States visa benefits in the same manner as different sex couples. Therefore, visas such as the CR-1 visa and IR-1 visa are now available to same sex couples who are already married. Although this may not be a highly sought after category in Southeast Asia at this time as no jurisdiction in the region currently recognizes same sex marriage, it could be of substantial importance in coming years as laws may be amended to equalize marriage laws for the LGBT community. Meanwhile, officials at the United States Citizenship and Immigration Service (USCIS) as well as the Department of State have noted that same sex couples, where one of the partners is American, who maintain a bona fide intention to marry in the USA may be eligible for the K-1 visa (more commonly referred to as a fiance visa). This type of visa allows the foreign fiance of an American citizen to travel to the United States for 90 days for the express purpose of getting married and filing for adjustment of status to Lawful Permanent Residence.
5th December 2013
Updated USCIS Processing Times
Posted by : admin
The administration of this blog routinely posts the updated processing times for the various service centers of the United States Citizenship and Immigration Service (USCIS). The following is quoted directly from the official website of USCIS:
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 | February 12, 2013 |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | May 13, 2010 |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | November 3, 2010 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | July 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 | 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 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 | May 25, 2011 |
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 |
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-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | February 12, 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 | 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 | May 2, 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 | 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 | 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 | May 2, 2013 |
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 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-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 | May 15, 2013 |
N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
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 15, 2013 |
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 | U.S. citizen filing for a spouse, parent, or child under 21 | February 12, 2013 |
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-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 | May 16, 2013 |
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 | April 2, 2013 |
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 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 | April 4, 2013 |
N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
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 | July 13, 2013 |
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. | May 29, 2013 |
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 | August 7, 2013 |
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 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | February 12, 2013 |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | April 30, 2012 |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | April 30, 2012 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | April 9, 2012 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | August 21, 2011 |
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) | April 24, 2013 |
I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 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-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)] | April 24, 2013 |
I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | April 24, 2013 |
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 | April 24, 2013 |
I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | April 24, 2013 |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | April 24, 2013 |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | April 24, 2013 |
I-821D | Consideration of Deferred Action for Childhood Arrivals | Request for Deferred Action | February 28, 2013 |
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 | December 10, 2012 |
It should be noted that the above quoted processing estimates may not accurately reflect the entire visa process as Consular Processing may be required at a US Embassy or Consulate abroad. Concurrently, the above cited processing time estimates may not accurately reflect the time it takes process an immigration petition at a USCIS field office abroad or through the process once referred to as Direct Consular Filing.
21st October 2013
Updated USCIS Processing Times
Posted by : admin
The administration of this blog routinely posts the updated processing time estimates for the Service Centers of the United States Citizenship and Immigration Service (USCIS). The following was quoted directly from the official website of USCIS:
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 an unmarried son or daughter over 21 | March 11, 2010 |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | November 3, 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)] | July 2, 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 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 | May 25, 2011 |
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 |
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 | June 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 | March 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 | April 2, 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 | 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 | 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 | April 2, 2013 |
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 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 | May 30, 2011 |
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 | April 15, 2013 |
N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
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-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-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 | June 2, 2010 |
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 | May 2, 2013 |
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 | March 16, 2013 |
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 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 | March 17, 2013 |
N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
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 | H-1B – Specialty occupation – Visa to be issued abroad | April 17, 2013 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | April 17, 2013 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | April 10, 2013 |
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 | July 3, 2013 |
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 | March 27, 2013 |
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 30, 2012 |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | April 30, 2012 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | April 9, 2012 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | March 27, 2011 |
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 | February 20, 2013 |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | October 8, 2012 |
I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | November 19, 2012 |
I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | April 17, 2013 |
I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | April 17, 2013 |
I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | April 17, 2013 |
I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | April 17, 2013 |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | April 17, 2013 |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | April 17, 2013 |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | April 17, 2013 |
I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | April 17, 2013 |
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)] | April 24, 2013 |
I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | April 24, 2013 |
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 | April 24, 2013 |
I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | April 24, 2013 |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | April 24, 2013 |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | April 24, 2013 |
I-821D | Consideration of Deferred Action for Childhood Arrivals | Request for Deferred Action | February 28, 2013 |
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 | June 25, 2012 |
It should be noted that these processing time estimates do not reflect the time it takes to obtain a US visa as the US visa application process can be time consuming even after an initial immigration petition receives approval since processing at the National Visa Center and/or a US Consulate or US Embassy abroad may also be required.
13th October 2013
Affidavit of Support: Issues Involving Federal Poverty Guidelines
Posted by : admin
A frequently asked question from those wishing to sponsor a foreign fiance or spouse for a US Fiance Visa or US Marriage Visa is: do I make enough income to act as a sponsor for my loved one? The answer to this question involves the affidavit of support which is a primary component of the visa application process. When a fiance or spouse visa application is adjudicated by a Consular Officer at a US Embassy or US Consulate overseas part of the application includes either and I-134 or I-864 affidavit of support. This document allows the adjudicating Consular officer to make a determination as to whether or not the US Citizen spouse or fiance has the income necessary to support their fiance or spouse in the United States. This affidavit also acts as a sort of third party beneficiary contract between the American spouse and the United States government in order to make certain that the American spouse pays the US government for any means tested benefits that the foreign spouse may acquire while in the USA.
When determining whether or not an American spouse or fiance can support a foreign spouse or fiance the adjudicating officer will first look to the American’s adjusted annual income on his or her income tax return. In order to meet the minimum eligibility requirements the American spouse or fiance must earn 125% of the federal poverty guidelines for a family of their size. The current federal poverty guidelines for the 48 contiguous States as well as Alaska and Hawaii can be found below (as quoted from the official website of Housing and Human Services):
Persons in family/household | Poverty guideline |
---|---|
For families/households with more than 8 persons, add $4,020 for each additional person. | |
1 | $11,490 |
2 | 15,510 |
3 | 19,530 |
4 | 23,550 |
5 | 27,570 |
6 | 31,590 |
7 | 35,610 |
8 | 39,630 |
Persons in family/household | Poverty guideline |
---|---|
For families/households with more than 8 persons, add $5,030 for each additional person. | |
1 | $14,350 |
2 | 19,380 |
3 | 24,410 |
4 | 29,440 |
5 | 34,470 |
6 | 39,500 |
7 | 44,530 |
8 | 49,560 |
Persons in family/household | Poverty guideline |
---|---|
For families/households with more than 8 persons, add $4,620 for each additional person. | |
1 | $13,230 |
2 | 17,850 |
3 | 22,470 |
4 | 27,090 |
5 | 31,710 |
6 | 36,330 |
7 | 40,950 |
8 | 45,570 |
SOURCE: Federal Register, Vol. 78, No. 16, January 24, 2013, pp. 5182-5183
Those wishing to ascertain whether they are eligible to sponsor their foreign fiance or spouse should use the above figures to determine 125% of the poverty guidelines for a family of their size (including the foreign family member(s)). It should be noted that active duty members of the United States Armed Forces must only meet 100% of the federal poverty guidelines in order to be eligible to sponsor a foreign fiance or spouse. Those unable to meet the 125% income level noted above may be able to use assets to offset the difference between their level of income and the 125% requirement. For affidavit of support purposes, a prospective sponsor of a Thai fiancee or wife can make up the difference in income between what is actually earned and what is legally required by providing evidence of assets which equal 5 times the difference between what a prospective sponsor earns and the level required by law. Thus, if a prospective sponsor fall short of the 125% level by 5,000 USD, then the prospective sponsor can show proof of assets in the amount of 25,000 USD in order to overcome the disparity.
It may also be possible to use the income and assets of a joint sponsor if the person petitioning for the foreign national’s visa is unable to overcome the income and asset requirements. It should be noted that only the I-864 affidavit of support (that used in cases involving the application for a CR-1 visa or an IR-1 visa) may utilize a joint sponsor. Those seeking a K-1 visa are not eligible to use a joint sponsor, therefore, only the American Citizen fiance’s income and assets will be adjudicated during the K1 visa application process. In the past, Consular Officers at the US Embassy in Bangkok were known to accept joint sponsors in K-1 visa application adjudications. However, as of the time of this writing that practice has ceased.
Those interested in learning more on these topics are encouraged to click on the following link: Affidavit of Support.
1st October 2013
US Government Shutdown: Information Regarding Visa Processing
Posted by : admin
The United States government has recently shut down due to the inability of Congress to make a deal regarding the budget and current debt ceiling level. The reverberations from this recent turn of events will likely be felt in many sectors of the United States government and by those who may have business with the US government. As a general matter, governmental functions which are deemed essential will still be available. However, those governmental activities and employees deemed non-essential will likely be discontinued and work furloughed until such time as Congress reaches an agreement. It has been 17 years since the United States government last shut down. As of the time of this writing, the Office of Management and Budget has instructed supervisors of various governmental entities to “execute plans for an orderly shutdown.”
What is the practical impact of the government’s closure upon the immigration process? It recently came to this blogger’s attention that the following has been posted on the official website of the United States Embassy in Bangkok, Thailand:
The U.S. Embassy in Bangkok and Consulate General Chiang Mai remain open to the public. As always, our priorities remain providing safety, security, and service to U.S. citizens. We are open for all consular services, including visa processing.
It could be inferred that the Embassy is attempting to dispel rumors that a shutdown will negatively impact the processing of US visa applications as well as applications for US passports, Consular Reports of Birth Abroad (CRBA), and various notarial services requested by Americans living in Thailand. Hopefully, the recently announced government shutdown will not last long and thus not cause any great problems for those seeking visas to the United States of America. However, a protracted shutdown could mean that processing of US visa applications could move at a slower pace, or, in a worst case scenario, be discontinued until such time as a budget is agreed upon. Hopefully, this will not happen and the processing of applications will continue apace.
Meanwhile, it is likely that the shutdown will not affect processing of immigration petitions at the United States Citizenship and Immigration Service (USCIS). As USCIS is funded by the fees paid by petitioners, it seems likely that a government shutdown will not adversely impact those seeking immigration benefits from USCIS. Again, as the United States has not seen a government shutdown in nearly two decades some of the details about the impact of the current shutdown remain somewhat speculative. Readers of this blog should take note that further information will be provided herein as it becomes available.
8th August 2013
Many Lesbian, Gay, Bisexual, and Transgender (LGBT) couples have questions regarding United States Immigration in the aftermath of the Supreme Court’s finding in the Windsor case that Section 3 of the Defense of Marriage Act (DOMA) is unConstitutional. Both the United States Citizenship and Immigration Service (USCIS) and the Department of State have previously issued answers to frequently asked questions on this topic. In a previous posting on this blog, USCIS’s answers to these FAQs were discussed. However, it recently came to this blogger’s attention that the USCIS has issued further answers to such FAQs to further clarify their position on this issue. To quote directly from these new answers to FAQs on the official website of the USCIS:
Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa? NEW
A1: Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be denied as a result of the same-sex nature of your marriage.
Clearly American Citizens or Lawful Permanent Residents may petition for an immigrant spouse visa such as an IR1 visa, CR1 visa, or by extension a K3 visa (as the K-3 visa petition is a supplementary petition based upon the initial petition for an immigrant visa). Furthermore, when applying for the visa at a US Embassy or US Consulate abroad during the Consular Processing phase of the US immigration process the application will be viewed in the same way as an application based upon a different-sex marriage. Also, adjustment of status applications for the same sex spouse of a US Citizen or Lawful Permanent Resident will be adjudicated in the same manner as a similar application for a different-sex spouse.
A question for many same sex and LGBT couples concerns the State of the couple’s residence versus the State of marriage since there are only a few States which allow such marriages while other states either do not recognize such unions or specifically forbid such unions. USCIS issued further clarification on this issue in their recently updated FAQ section:
Q3: My spouse and I were married in a U.S. state or a foreign country that recognizes same-sex marriage, but we live in a state that does not. Can I file an immigrant visa petition for my spouse? NEW
A3: Yes. As a general matter, the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes. Just as USCIS applies all relevant laws to determine the validity of an opposite-sex marriage, we will apply all relevant laws to determine the validity of a same-sex marriage..
There may be some limited circumstances where the law of the couple’s residence may determine their legal standing on certain issues. However, as can be seen from the above quoted FAQ, the USCIS appears to primarily defer to the law of the State which legalized the marriage when determining whether the couple is eligible for immigration benefits.
Finally, this blogger does not recall the USCIS previously answering questions regarding immigration petitions which were filed with USCIS prior to the Supreme Court’s holding that Section 3 of DOMA violates the U.S. Constitution. The following section of USCIS’s recently expanded FAQ section would appear to respond to this inquiry:
Q5. My Form I-130, or other petition or application, was previously denied solely because of DOMA. What should I do?
A5. USCIS will reopen those petitions or applications that were denied solely because of DOMA section 3. If such a case is known to us or brought to our attention, USCIS will reconsider its prior decision, as well as reopen associated applications to the extent they were also denied as a result of the denial of the Form I-130 (such as concurrently filed Forms I-485).
- USCIS will make a concerted effort to identify denials of I-130 petitions that occurred on the basis of DOMA section 3 after February 23, 2011. USCIS will also make a concerted effort to notify you (the petitioner), at your last known address, of the reopening and request updated information in support of your petition.
- To alert USCIS of an I-130 petition that you believe falls within this category, USCIS recommends that you send an e-mail from an account that can receive replies to USCIS at [email protected] stating that you have a pending petition. USCIS will reply to that message with follow-up questions as necessary to update your petition for processing. (DHS has sought to keep track of DOMA denials that occurred after the President determined not to defend Section 3 of DOMA on February 23, 2011, although to ensure that DHS is aware of your denial, please feel free to alert USCIS if you believe your application falls within this category.)
- For denials of I-130 petitions that occurred prior to February 23, 2011, you must notify USCIS by March 31, 2014, in order for USCIS to act on its own to reopen your I-130 petition. Please notify USCIS by sending an e-mail to USCIS at [email protected] and noting that you believe that your petition was denied on the basis of DOMA section 3.
Once your I-130 petition is reopened, it will be considered anew—without regard to DOMA section 3—based upon the information previously submitted and any new information provided. USCIS will also concurrently reopen associated applications as may be necessary to the extent they also were denied as a result of the denial of the I-130 petition (such as concurrently filed Form I-485 applications).
Additionally, if your work authorization was denied or revoked based upon the denial of the Form I-485, the denial or revocation will be concurrently reconsidered, and a new Employment Authorization Document issued, to the extent necessary. If a decision cannot be rendered immediately on a reopened adjustment of status application, USCIS will either (1) immediately process any pending or denied application for employment authorization or (2) reopen and approve any previously revoked application for employment authorization. If USCIS has already obtained the applicant’s biometric information at an Application Support Center (ASC), a new Employment Authorization Document (EAD) will be produced and delivered without any further action by the applicant. In cases where USCIS has not yet obtained the required biometric information, the applicant will be scheduled for an ASC appointment.
- If another type of petition or application (other than an I-130 petition or associated application) was denied based solely upon DOMA section 3, please notify USCIS by March 31, 2014, by sending an e-mail to USCIS at [email protected] as directed above. USCIS will promptly consider whether reopening of that petition or application is appropriate under the law and the circumstances presented.
No fee will be required to request USCIS to consider reopening your petition or application pursuant to this procedure. In the alternative to this procedure, you may file a new petition or application to the extent provided by law and according to the form instructions including payment of applicable fees as directed.
Clearly, USCIS is committed to implementing policies and regulations based upon the US Supreme Court’s recent finding. By reopening previously denied petitions and taking steps to provide same sex couples with the same standing as different-sex couples in future immigration adjudications this agency is making great strides toward equalizing the US family immigration process for families of all kinds.
To review the recently released information on this topic from the Department of State please see: Consular Processing.
27th July 2013
Estimated USCIS Processing Times As Of May 31, 2013
Posted by : admin
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:
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 |
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 |
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 |
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.
26th July 2013
USCIS Issues Answers To FAQs Regarding Same Sex Marriage And DOMA
Posted by : admin
It has come to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) has issued a new set of answers to frequently asked questions stemming from the recent decision by the United States Supreme Court which overturned Section 3 of the Defense of Marriage Act (DOMA). In previous postings on this blog the fact that lawful permanent residents and American Citizens with same-sex spouses can now file for immigration benefits for their same sex spouse has been discussed at length. That said, USCIS discussed this issue in their recently issued FAQ release, to quote directly from the USCIS website:
Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa?
A1: Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be automatically denied as a result of the same-sex nature of your marriage. [italics added]
As previously pointed out on this blog, the ability of American Citizens to file for immigration benefits for a same-sex foreign spouse is a fairly clear cut result of the recent Supreme Court decision finding Section 3 of DOMA unConstituional. It should be noted that the USCIS seems to also imply that a K3 visa would also now be a possibility for same sex couples as it could be construed to be an “applicable accompanying application”. However, an issue that was not so clearly dealt with by the Supreme Court’s decision pertains to the K-1 visa (US fiance visa). As Fiance visas are, by definition, not based upon a marriage, but an intended marriage; further clarification from USCIS on these types of visas post-DOMA is considered by some to be quite helpful. To quote further from the aforementioned USCIS FAQ section:
Q2. I am a U.S. citizen who is engaged to be married to a foreign national of the same sex. Can I file a fiancé or fiancée petition for him or her?
A2. Yes. You may file a Form I-129F. As long as all other immigration requirements are met, a same-sex engagement may allow your fiancé to enter the United States for marriage. [italics added]
This clarification from USCIS regarding the fiance visa in the context of same sex marriage, while helpful, is slightly qualified by the next section of the same FAQ page:
Q3: My spouse and I were married in a U.S. state that recognizes same-sex marriage, but we live in a state that does not. Can I file an immigrant visa petition for my spouse?
A3: Yes, you can file the petition. In evaluating the petition, as a general matter, USCIS looks to the law of the place where the marriage took place when determining whether it is valid for immigration law purposes. That general rule is subject to some limited exceptions under which federal immigration agencies historically have considered the law of the state of residence in addition to the law of the state of celebration of the marriage. Whether those exceptions apply may depend on individual, fact-specific circumstances. If necessary, we may provide further guidance on this question going forward. [italics added]
Clearly, the US fiance visa is now a viable option for same sex couples with a bona fide intention to marry in those jurisdictions of the United States which recognize same sex marriage. Since the jurisdiction of the celebration of the intended marriage is USCIS’s primary concern it would appear that a K1 visa itself will be a possibility for same sex couples in the future. However, it would appear that some ancillary immigration benefits may or may not be available at this time for some same sex bi-national couples depending upon the unique residency circumstances of those couples.
Of further interest to some same sex couples will likely be the fact that there are benefits for the foreign same sex spouse of an American Citizen with respect to naturalization:
Q8. Can same-sex marriages, like opposite-sex marriages, reduce the residence period required for naturalization?
A8. Yes. As a general matter, naturalization requires five years of residence in the United States following admission as a lawful permanent resident. But, according to the immigration laws, naturalization is available after a required residence period of three years, if during that three year period you have been living in “marital union” with a U.S. citizen “spouse” and your spouse has been a United States citizen. For this purpose, same-sex marriages will be treated exactly the same as opposite-sex marriages. [italics added]
Therefore, the same sex spouse of an American Citizen will be treated the same way as the opposite sex spouse of an American for purposes of obtaining US Citizenship based upon the couple’s marriage and lawful permanent residence obtained thereby. Finally, of further note in this recently issued USCIS FAQ page relates to the I-601 waiver process:
Q9. I know that the immigration laws allow discretionary waivers of certain inadmissibility grounds under certain circumstances. For some of those waivers, the person has to be the “spouse” or other family member of a U.S. citizen or of a lawful permanent resident. In cases where the required family relationship depends on whether the individual or the individual’s parents meet the definition of “spouse,” will same-sex marriages count for that purpose?
A9.Yes. Whenever the immigration laws condition eligibility for a waiver on the existence of a “marriage” or status as a “spouse,” same-sex marriages will be treated exactly the same as opposite-sex marriages. [italics added]
Waivers of inadmissibility can be difficult to obtain under certain circumstances as they are, by definition, a discretionary waiver. However, one major hurdle for many same-sex bi-national couples in the US immigration sphere has been cast aside by the comendable decision of the United States Supreme Court. USCIS deserves comendation as well for their efforts to quickly and decisively implement policies which bring immigration regulations in line with changes in the law.
Readers are encouraged to read the USCIS website and the FAQ section quoted above to find out further details regarding immigration regulations pertaining to same sex couples.
For related information please see: US Visa Thailand.
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