Integrity Legal

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:

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.

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Posted in CR1 Visa, EB-1 Visa, EB-2 Visa, EB-3 Visa, EB-4 Visa, EB5 Visa, F1 Visa Thailand, Fiance Visa Thailand, I-601 Waiver, IR1 Visa, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, same sex visa, US Visa, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »

In a previous posting on this blog the discussion centered upon the EB-3 visa. To remain on a similar topic, the Employment Based visa preference category 4 is another type of travel document which is somewhat similar to other employment based visas although some of the criteria are different. To quote directly from the official website of the United States Citizenship and Immigration Service (USCIS), USCIS.gov:

Employment-Based Immigration: Fourth Preference EB-4

You may be eligible for an employment-based, fourth preference visa if you are a special immigrant. The following special immigrants are eligible for the fourth preference visa:

• Religious Workers
• Broadcasters
• Iraqi/Afghan Translators
• Iraqis Who Have Assisted the United States
• International Organization Employees
• Physicians
• Armed Forces Members
• Panama Canal Zone Employees
• Retired NATO-6 employees
• Spouses and Children of Deceased NATO-6 employees

Petitioning for an Employment-Based Fourth Preference Immigrant

To petition for an employment-based fourth preference immigrant, your employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. However, there are certain situations where you, the employee, may self-petition on your own behalf. Please review the form instructions to see if you are eligible to self petition and what required supporting evidence needs to be included.

Readers are asked to remember that the above citation is not a satisfactory substitute for a full analysis of issues associated with the EB-4 visa especially as each individual immigration case is adjudicated pursuant to the unique factual circumstances present in the given situation.

This blogger has found that some of those who research this area confuse the EB-4 visa with the E-1 visa or the E-2 visa. In some cases, this category gets confused with the EB-5 visa. Regardless, the EB-4 visa is a stand alone visa category which provides the benefit of lawful permanent residence to the bearer upon lawful admission to the United States of America. Clearly, the criteria for EB-4 visa issuance are less stringent than, say, the EB-1 visa; but this visa category is still heavily scrutinized by adjudicators and for this reason prospective EB-4 visa seekers should be prepared to undergo such an adjudication by USCIS.

Concurrently, it should also be noted that those foreign nationals seeking an EB-4 visa abroad are likely required to undergo Consular Processing at a US Embassy or US Consulate abroad in order to ultimately hope to receive a visa. Consular Officers at US Missions abroad are tasked with the responsibility of adjudicating visa applications for those foreign nationals wishing to travel to the United States of America.

For related information please see: US Visa Thailand.

Tags: Afghan Translators, Amerasian, American Consulate, American Embassy, Armed Forces Members, Broadcasters, Consular Processing, EB-1 visa, EB-2 Visa, EB-3 Visa, EB-4 visa, EB1 visa, EB2 Visa, EB3 Visa, EB4 visa, Employment Based visa preference category 4, Employment-Based Immigration: Fourth Preference EB-4, I-360, International Organization Employees, Iraqi Translators, Iraqis Who Have Assisted the United States, Panama Canal Zone Employees, Physicians, Religious Workers, Retired NATO-6 employees, Special Immigrant, Spouses and Children of Deceased NATO-6 employees, United States Citizenship and Immigration Service, US Consulate, US Embassy, USCIS, Widower
Posted in EB-4 Visa | No Comments »

In a previous posting this blogger discussed issues associated with the EB-2 visa. On the same note, the following posting is a brief discussion of the Employment Based visa in the preference category 3. Readers should take note of the fact that Employment Based visa categories, classified as EB, are substantially different from the E-1 visa and the E-2 visa which are Treaty Trader and Treaty Investor visas, respectively, and somewhat dissimilar from employment based visas.  To quote directly from the official USCIS website, USCIS.gov:

The administration of this web log strongly encourages readers to keep in mind that the chart above is not an exhaustive explanation of the criteria associated with EB-3 visa issuance, but should merely be viewed as a brief overview of eligibility criteria for those thinking about petitioning for EB-3 visa benefits. The criteria for EB-3 visa issuance differ from the EB-1 visa and EB-2 visa criteria by some degree especially in the case of the EB-1 visa as that visa category is generally reserved for extraordinary recipients.

Those pondering petitioning for United States immigration benefits such as the EB-3 visa should bear in mind that the petition adjudication process is not necessarily the only phase of what could be a longer overall process if the proposed beneficiary resides outside of the United States and therefore must submit a US visa application and undergo Consular Processing at a US Embassy or US Consulate abroad.

For related information please see: American Embassy.

Tags: American Consulate, American Embassy, Consular Processing, E 2 Visa, E-1 Visa, EB-1 visa, EB-2 Visa, EB-3 Visa, EB1 visa, EB2 Visa, EB3 Visa, Employment-Based Immigration: Third Preference EB-3, Labor certification, Other Workers, Professionals, Skilled Workers, Treaty Investor, Treaty Trader, U.S. baccalaureate degree, Unskilled Workers, US Consulate, US Embassy
Posted in EB-3 Visa | No Comments »

In a previous posting on this blog the eligibility criteria for the EB-1 visa were briefly discussed. In that same vein, this blogger felt further elaboration on other Employment Based visa categories was warranted to provide insight to readers about issues associated with other employment based preference categories. The United States Citizenship and Immigration Service‘s (USCIS) official website posted an enlightening chart to provide an overall glimpse of the eligibility criteria which this blogger felt could be of interest to readers. To quote directly from the official website of the USCIS, USCIS.gov:

Readers are encouraged to conduct their own research into these issues as the chart above is merely presented to provide something of an overview regarding eligibility. The chart above should not be viewed as an exhaustive analysis of the issues at play in a EB-2 petition.

It should be noted that second preference Employment Based petitions are carefully scrutinized as issuance of such visas is intended for those foreign professionals holding an advanced degree or an alien national of “exceptional ability”. Therefore prospective visa seekers are encouraged to note the rather high standards by which those seeking this visa category will be compared during the adjudication process.

Those seeking the visa categorized as an EB-2 are well advised to remember that adjudication of a visa petition at the Department of Homeland Security‘s USCIS may be only one phase of the overall visa process as those residing outside of the United States may be required to undergo Consular Processing at a US Embassy or US Consulate abroad.

For readers who have happened upon this blog in the past, the mention of the “national interest waiver” may bring to mind the I-601 waiver or the I-212 waiver which could be argued to be somewhat similar. Another type of waiver that could be construed as similar to the “national interest waiver” is the waiver sometimes granted by USCIS to permit the filing of multiple petitions for a K1 visa within a relatively short period of time notwithstanding the provisions of the International Marriage Broker Regulation Act (IMBRA).

Frequent readers may recall that the EB-5 visa is also classified as an Employment Based Visa although the criteria for EB-5 visa issuance is different from those of the EB-2 most notably as the EB-5 visa petitioner must demonstrate that a substantial investment has been made in the United States in order to hope to attain eligibility for EB-5 visa status.

The United States visa process can be overwhelming at times and for this reason many opt to retain the assistance of counsel. That stated, when retaining the services of anyone purporting to be qualified to provide advice and/or assistance regarding immigration matters it may be prudent to ascertain credentials as, pursuant to relevant US law, only a licensed American attorney is permitted to take in client fees while engaged in the practice of United States immigration law.

For related information please see: Legal.

Tags: American Consulate, American Embassy, Consular Processing, Department of Homeland Security, EB-2 Visa, EB-5 Visa, EB2 Visa, EB5 Visa, Employment Based, Employment-Based Immigration: Second Preference EB-2, employment-based second preference visa, I-212 waiver, I-601 Waiver, I601 Waiver, IMBRA, IMBRA Waiver, International Marriage Broker Regulation Act, K-1 Visa, K-1 Visa Process, K1 Visa, national interest waiver, United States Citizenship and Immigration Service, US Consulate, US Embassy, USCIS
Posted in Department of Homeland Security, EB-2 Visa, EB5 Visa, I-601 Waiver, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, US Visa and Immigration, USCIS | No Comments »