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Archive for the ‘US Embassy Philippines’ Category
23rd August 2010
Laypeople sometimes confuse the process of adjustment of status with the change of status process. This confusion is directly related to the subject of this post: change of status from US Tourist Visa status to US Student Visa status. Many are under the mistaken impression that it is legal to attend school in the USA on a tourist visa. This is not the case. In a recent announcement promulgated by the US Department of Homeland Security and distributed by the American Immigration Lawyers Association (AILA), the question was posed: “Is it permissible to enroll in school while in B-1/B-2 status?” The answer is quoted directly from the aforementioned announcement:
No, it is not. The regulations, at 8 CFR 214.2(b)(7), specifically prohibit study in the United States while in B-1 or B-2 status.
Before enrolling in classes, individuals who are in B-1 or B-2 status must first acquire F-1 (academic student) or M-1 (vocational student) status. Enrolling in classes while in B-1/B-2 status will result in a status violation. Individuals in B-1 or B-2 status, who have violated their nonimmigrant status by enrolling in classes, are not eligible to extend their B status or change to F-1 or M-1 status. Theseregulations provide no exceptions.
If you currently hold B-1 or B-2 nonimmigrant status and would like to enroll in classes, you may apply for a change of status to F-1 or M-1, as appropriate, if:
You have not yet enrolled in classes
Your current status has not expired
You have not engaged in unauthorized employment
To change your nonimmigrant status from B-1/B-2 to F-1 or M-1, you must file an Application to Extend/Change Nonimmigrant Status (Form I-539), and include the required fee and documents listed in the filing instructions.
Please Note:
If you enroll in classes before USCIS approves your Form I-539, you will be ineligible to change your nonimmigrant status from B to F or M. If you are applying to extend your B-1/B-2 stay and you have already enrolled in classes, USCIS cannot approve your B-1/B-2 extension because of the status violation.
For some, the change of status process can be confusing and difficult as few are familiar with DHS forms and protocols, but for those who obtain an F1 visa, the educational rewards can offset the time and resources expended obtaining the visa. Those who are not eligible to receive a change of status may find the following excerpt from the previously mentioned announcement helpful:
If you are not eligible to change your nonimmigrant status to F-1 or M-1, you may apply for an F-1 or M-1 visa at a consular post abroad…We encourage all students and prospective students to work closely with their designated school official (DSO) to coordinate the timing of applying for change of status and enrolling in classes.
Those staying in the United States on any type of visa are required by law to fully comply with the terms of their visa. Failure to do so could lead to severe civil and criminal penalties. Those wishing to travel to the United States of America are well advised to seek the type of visa that truly comports with proposed activity in the USA. As extraneous circumstances can cause unforeseen problems it may be necessary to apply for a change of status if one’s current visa does not provide proper benefits.
Adjustment of status, which can be confused with changing status, is the process of switching a foreign national from a non-immigrant visa to Lawful Permanent Residence (Green Card). Those traveling to the United States of America on a K1 visa must adjust their status within 90 days of their arrival after their marriage to the US Citizen petitioner.
For more about adjusting status please see: adjustment of status.
19th August 2010
The administration of this blog routinely posts information which may be beneficial for those seeking a United States Visa. The lists below show the current estimated processing times for the USCIS service centers located throughout the United States. These figures are current estimates as of June 30, 2010. The Estimated Processing Times for the Vermont Service Center are as follows:
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 | April 10, 2010 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | April 10, 2010 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | 1 Months |
I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 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 | 2 Months |
I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | 5 Months |
I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | October 31, 2007 |
I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | October 31, 2007 |
I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | October 31, 2007 |
I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | October 31, 2007 |
I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | October 31, 2007 |
I-140 | Immigrant Petition for Alien Worker | Unskilled worker | October 31, 2007 |
I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | October 31, 2007 |
I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | October 31, 2007 |
I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | 4 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | 5 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 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-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | 2.5 Months |
I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | October 2, 2009 |
I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
I-821 | Application for Temporary Protected Status | El Salvador extension | 3 Months |
I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | 3 Months |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | 3 Months |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | 3 Months |
I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
I-90 | Application to Replace Permanent Resident Card | 10-year renewal | March 31, 2009 |
N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
N-643 | Application for Certification of Citizenship on Behalf of an Adopted Child | Application for recognition of U.S. citizenship on behalf of an adopted child | 5 Months |
The estimated processing times for the USCIS California Service Center are as follows:
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 | March 16, 2010 |
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 | July 14, 2009 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | August 2, 2006 |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | January 2, 2005 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | January 2, 2003 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | June 2, 2002 |
I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 Months |
I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | 2.5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | 2.5 Months |
I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
I-821 | Application for Temporary Protected Status | El Salvador extension | February 16, 2010 |
I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | February 16, 2010 |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | February 16, 2010 |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | February 16, 2010 |
I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | September 12, 1997 |
The estimated processing times for the USCIS Nebraska Service Center are as follows:
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 | Permanent resident filling for a spouse or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | January 16, 2005 |
I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Unskilled worker | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | 4 Months |
I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | November 19, 2008 |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | November 19, 2008 |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | October 1, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | October 1, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | October 1, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | October 1, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | October 1, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | October 1, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | October 1, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | October 1, 2007 |
I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | May 31, 2010 |
I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
I-821 | Application for Temporary Protected Status | El Salvador extension | 3 Months |
I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | 3 Months |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | 3 Months |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | 3 Months |
I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
I-90 | Application to Replace Permanent Resident Card | 10-year renewal | 3.5 Months |
I-90A | Application to Replace Permanent Resident Card | Initial issuance or replacement for Special Agricultral Workers (SAW) | 3.5 Months |
N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
N-643 | Application for Certification of Citizenship on Behalf of an Adopted Child | Application for recognition of U.S. citizenship on behalf of an adopted child | 5 Months |
The estimated processing times for the USCIS Texas Service Center are as follows:
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 | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | December 20, 2007 |
I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | December 20, 2007 |
I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | 5 Months |
I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Unskilled worker | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | 4 Months |
I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | 4 Months |
I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | January 29, 2009 |
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) | January 29, 2009 |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 Months |
I-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-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 | February 23, 2010 |
I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | June 15, 2008 |
I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
I-821 | Application for Temporary Protected Status | El Salvador extension | November 30, 2009 |
I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | November 30, 2009 |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | November 30, 2009 |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | November 30, 2009 |
I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | March 5, 2010 |
I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
Those interested in learning information about the K1 visa should note that the I-129f petition (the petition for a K1 fiance visa) is now only being accepted at a USCIS lockbox facility rather than directly at Service Center facilities. Further, those researching US Immigration matters for the first time should note that the above processing times do not reflect an accurate time line for the entire US visa process. This is due to the fact that most petitions approved by USCIS must go to the National Visa Center for a security clearance to be initiated. After the initiation of a security clearance the file must then be forwarded to the US Embassy or US Consulate with appropriate jurisdiction over the Beneficiary’s place of residence.
To check USCIS processing times directly online please go to the following page by clicking here.
17th August 2010
Will The Increase in Citizenship Renunciation Continue?
Posted by : admin
United States Citizenship is the highest lawful status that one can reach in the USA, from an Immigration perspective. Many people from around the world seek visas, travel documents, and permanent residence in the United States. Of the relative few who obtain lawful status in the United States, even fewer ultimately naturalize to US Citizenship. American Citizenship accords the Citizen with voting rights, work authorization, and virtually unfettered travel rights within the United States of America. That said, there are some situations where an American Citizen seeks to renounce their United States Citizenship. In a recent article from the New York Times it was noted that citizenship renunciation seems to be on the rise. To quote the article directly:
Amid mounting frustration over taxation and banking problems, small but growing numbers of overseas Americans are taking the weighty step of renouncing their citizenship.
“What we have seen is a substantial change in mentality among the overseas community in the past two years,” said Jackie Bugnion, director of American Citizens Abroad, an advocacy group based in Geneva. “Before, no one would dare mention to other Americans that they were even thinking of renouncing their U.S. nationality. Now, it is an openly discussed issue.”
The Federal Register, the government publication that records such decisions, shows that 502 expatriates gave up their U.S. citizenship or permanent residency status in the last quarter of 2009. That is a tiny portion of the 5.2 million Americans estimated by the State Department to be living abroad.
There are a significant number of American expatriates living throughout the world and it should be noted that not all of these individuals wish to renounce their US Citizenship. However the New York Times went on to point out:
Still, 502 was the largest quarterly figure in years, more than twice the total for all of 2008, and it looms larger, given how agonizing the decision can be. There were 235 renunciations in 2008 and 743 last year. Waiting periods to meet with consular officers to formalize renunciations have grown.
Anecdotally, frustrations over tax and banking questions, not political considerations, appear to be the main drivers of the surge. Expat advocates say that as it becomes more difficult for Americans to live and work abroad, it will become harder for American companies to compete.
Increasingly, international banks and financial institutions are finding it difficult to deal with some American financial regulations. That said, most American expatriates (or expats) seem to be more frustrated by American tax policy rather than American financial restrictions. The New York Times went on to note:
American expats have long complained that the United States is the only industrialized country to tax citizens on income earned abroad, even when they are taxed in their country of residence, though they are allowed to exclude their first $91,400 in foreign-earned income.
One Swiss-based business executive, who spoke on the condition of anonymity because of sensitive family issues, said she weighed the decision for 10 years. She had lived abroad for years but had pleasant memories of service in the U.S. Marine Corps.
Yet the notion of double taxation — and of future tax obligations for her children, who will receive few U.S. services — finally pushed her to renounce, she said.
“I loved my time in the Marines, and the U.S. is still a great country,” she said. “But having lived here 20 years and having to pay and file while seeing other countries’ nationals not having to do that, I just think it’s grossly unfair.”
“It’s taxation without representation,” she added.
Stringent new banking regulations — aimed both at curbing tax evasion and, under the Patriot Act, preventing money from flowing to terrorist groups — have inadvertently made it harder for some expats to keep bank accounts in the United States and in some cases abroad.
Some U.S.-based banks have closed expats’ accounts because of difficulty in certifying that the holders still maintain U.S. addresses, as required by a Patriot Act provision.
Even though tax considerations, for both individuals in the present and for those in the future, may be enough for some to renounce their United States Citizenship it would seem that many Americans feel as if renunciation of United States Citizenship is a very drastic measure that should not be taken lightly. Those thinking about giving up their US Citizenship are well advised to seek competent counsel from a US Immigration attorney in order to ascertain all of the relevant ramifications of such a significant decision. Those thinking of renouncing their United States Lawful Permanent Residence (LPR) might also find it useful to seek the advice of a competent attorney who can explain the legal issues that arise as a result of giving up American LPR status.
For related information please see: I-407 or naturalization.
16th August 2010
Rule Changes Finalized for J-1 Visa Processing
Posted by : admin
The J1 visa can be an effective travel document for those seeking admission to the United States for cultural and educational exchange. It was recently announced that certain changes will be implemented which may have a significant impact upon J1 visa applicants. The American State Department has made rule changes which may effect J1 visa processing, to quote a recent press release distributed by the American Immigration Lawyers Association (AILA):
On June 19, 2007, the Department published an interim final rule amending its regulations regarding Trainees and Interns to, among other things, eliminate the distinction between “non-specialty occupations” and “specialty occupations,” establish a new internship program, and modify the selection criteria for participation in a training program.
This document confirms the Interim Final Rule as final and amends the requirements to permit the use of telephone interviews to screen potential participants for eligibility, to remove the requirement that sponsors secure a Dun & Bradstreet report profiling companies with whom a participant will be placed and also amends this provision to provide clarification regarding the verification of Worker’s Compensation coverage for participants and use of an Employer Identification Number to ascertain that a third-party host organization providing training is a viable entity, and to clarify that trainees and interns may repeat training and internship programs under certain conditions.
It would appear that the US State Department is making these changes in order to better enjoy the benefits of technological advances. The use of telephone interviews for eligibility screening purposes will likely decrease overall processing time. Furthermore, repealing the Dun & Bradstreet report requirement will likely save individuals as well as companies time and resources when they opt to file for J-1 visa benefits on behalf of a foreign national.
The J-1 visa is often utilized by those who travel to the USA as exchange visitors. Often, those applying for such a travel documents do so at a US Embassy or US Consulate abroad. As the J-1 visa is a non-immigrant visa, the Consular Officer adjudicating the application must ascertain whether the applicant should be granted the visa notwithstanding the provisions of section 214b of the United States Immigration and Nationality Act which requires that those seeking a non-immigrant visa show “strong ties” to their home country and “weak ties” to the United States. Some are under the mistaken impression that a J-1 visa is a “dual intent” travel document akin to the L1 visa. Due to the provisions of section 214b of the INA, the applicant for a J1 visa should not maintain an intention to remain in the USA indefinitely.
For related information please see: US Tourist Visa.
13th August 2010
Holiday Closing Schedule For the US Embassy in Manila, Philippines
Posted by : admin
The following is the holiday closing schedule for the United States Embassy in the Philippines quoted directly from the official Embassy website:
Holiday | Nationality | Legal Date | Closing Date |
New Year’s Day | U.S./PHL | Fri, Jan 1 | Fri, Jan 1 |
M. L. King Jr. Day | U.S. | Mon, Jan 18 | Mon, Jan 18 |
President’s Day | U.S. | Mon, Feb 15 | Mon, Feb 15 |
Maundy Thursday | PHL | Thurs, Apr 1 | Thur, Apr 1 |
Good Friday | PHL | Fri, Apr 2 | Fri, Apr 2 |
Bataan & Corregidor / Heroism Day | PHL | Fri, Apr 9 | Fri, Apr 9 |
Labor Day | PHL | Sat, May 1 | Sat, May 1 |
National Presidential and Local Elections | PHL | Mon, May 10 | Mon, May 10 |
Memorial Day | U.S. | Mon, May 31 | Mon, May 31 |
Independence Day | PHL | Sat, Jun 12 | Mon, Jun 14 |
Independence Day | U.S. | Sun, July 4 | Mon, July 5 |
Ninoy Aquino Day | PHL | Sat, Aug 21 | Mon, Aug 23 |
National Heroes Day | PHL | Mon, Aug 30 | Mon, Aug 30 |
Labor Day | U.S. | Mon, Sept 6 | Mon, Sept 6 |
Eid-ul-Fitr (Subject to Proclamation) | PHL | TBD | TBD |
Columbus Day | U.S. | Mon, Oct 11 | Mon, Oct 11 |
All Saints’ Day | PHL | Mon, Nov 1 | Mon, Nov 1 |
Veterans Day | U.S. | Thurs, Nov 11 | Thur, Nov 11 |
Thanksgiving Day | U.S. | Thurs, Nov 25 | Thur, Nov 25 |
Bonifacio Day | PHL | Tues, Nov 30 | Mon, Nov 29 |
Christmas Day | U.S./PHL | Sat, Dec 25 | Fri, Dec 24 |
Rizal Day | PHL | Mon, Dec 27 | Mon, Dec 27 |
New Year’s Day (CY 2011) | U.S./PHL | Sat, Jan 1 | Fri, Dec 31Th |
The administration of this blog frequently posts information such as this in an effort to forestall needless trips to US Embassies and Consulates abroad. This author has traveled to more than one US Embassy abroad only to find the facilities closed in observance of an American or local holiday.
Many Americans overseas find that they require services which can, sometimes, only be performed by an American Citizen Services (ACS) Section of a US Consulate or Embassy abroad. Services such as this include, but are not limited to: US passport obtainment, visa page addition, promulgation of a Consular Report of Birth Abroad, or notarial services. In situations where services such as these are sought, Americans are well-advised to check the official website of the US Mission in their area in order to ascertain if appointments with ACS can be booked online. This can greatly streamline the processing of an American’s request as the Consular Officers can be put on notice of the appointment and also, in some cases, of the services sought.
Those seeking visas from a United States Mission abroad should check with the Mission’s Visa Unit in order ascertain how visa interview appointments should be scheduled. Often Immigrant visa applications are handled differently compared to non-immigrant applications (for those interested in US family visa obtainment, the K1 visa [Fiance Visa] is usually treated as an immigrant visa for application processing purposes).
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