
Integrity Legal
- Legal Blog
- Integrity Legal Home
- Thai Visa
- Company in Thailand
- Real Estate Thailand
- US Visa
- Contact Us
Posts Tagged ‘US Consulate’
15th October 2010
Those American Citizens with an Indonesian spouse sometimes posit: “Would it be possible for me to obtain a K3 visa for my Indonesian husband or wife?” Although, the answer to this question is not exactly “cut and dried” it is a qualified No. However, this does not necessarily mean that there is not another US Marriage Visa category available to the Indonesian husband or wife of a United States Citizen or Lawful Permanent Resident.
The reason that a K3 marriage visa is likely unavailable to the Indonesian spouse of a US Citizen (K visas are not available to lawful permanent residents, this includes the popular K1 visa which is often used to bring fiances of American Citizens back to the USA) is due to the fact that the US State Department’s National Visa Center (NVC) has promulgated a policy whereby all K3 Visa applications will be administratively closed if the I-129f petition arrives contemporaneously with, or before, the arrival of an I-130 petition. As the United States Citizenship and Immigration Service (USCIS) has recently reduced their backlog when adjudicating I-130 petitions this has lead to a situation where I-130 petitions are arriving at NVC prior to their I-129f counterparts. In a way, circumstances as they exist under the aforementioned scenario negate the need for the K3 visa in most situations.
The K3 visa was created under the language of the so-called “Life Act” which was promulgated during the latter part of the Clinton Administration. At that time, the backlog of I-130 petitions was rather large and the K3 visa was created to allow expedited marriage visa processing for the spouses of US Citizens. As technology improved and USCIS overcame their I-130 backlog the USCIS processing time for the K3 visa and the Immigrant visa categories (CR1 Visa, IR1 Visa) came into alignment. Therefore, the K3 visa became somewhat redundant and the National Visa Center seems to have made the decision to “phase out” these types of visas when they are no longer needed.
This does not mean that American marriage visas are no longer available at all. Instead, more and more couples seek visa benefits by using the classic I-130 petition. This petition, if approved, can be used to obtain a CR1 Visa or an IR1 Visa for the spouse of an American Citizen (Lawful Permanent Residents are eligible to petition for CR1 or IR1 immigration benefits, but it generally takes longer to process such requests). Currently, it takes approximately 11-12 months to obtain an Immigrant visa for the Indonesian spouse of a US Citizen taking into account USCIS adjudication (currently taking approximately 5-6 months), NVC processing, and Consular Processing at a US Embassy or US Consulate abroad.
For related information please see: K1 Visa Indonesia or K3 Visa Indonesia.
22nd September 2010
Department of State Seeks Comments Regarding the Form DS-156K
Posted by : admin
Those who read this blog on a regular basis may have noted that recently less attention has been paid to the K1 visa than in the past. This development is partly due to the fact that there has been little to report regarding the US fiance visa as there have been few dramatic changes to the K1 visa process since the beginning of the year 2010. That said, with Comprehensive Immigration Reform possibly on the horizon, there are those who believe that many changes will be made to current US Immigration protocols. In a recent announcement, the American State Department sought comments regarding the DS-156K. This form is specifically used for Consular Processing of the K1 fiance visa. To directly quote an excerpt from the announcement as distributed by the American Immigration Lawyers Association (AILA):
We are soliciting public comments to permit the Department to: Evaluate whether the proposed information collection is necessary to properly perform our functions. Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. Enhance the quality, utility, and clarity of the information to be collected. Minimize the reporting burden on those who are to respond, Abstract of proposed collection: Form DS-156K is used by consular officers to determine the eligibility of an alien applicant for a non- immigrant fiancee visa. Methodology: The DS-156K is submitted to consular posts abroad.
In the past, the DS-156K might have also been utilized in a K3 Visa application pending before a US Consulate or US Embassy. However, the National Visa Center announced this year that many of the K3 visa applications will be “administratively closed” in cases where the underlying I-130 petition (used for spouse visas such as the CR1 Visa and the IR1 Visa) arrives at NVC simultaneously or prior to the arrival of the I-129f petition for a K3 visa.
In the context of the K1 visa, this request for comments would appear to be an attempt by the State Department to assess the utility of the DS-156K in an effort to streamline the processing of future K visa applications. How the comments will ultimately be used remains to be seen, but any attempt to make the visa process more efficient should be greeted positively by this author as the visa process can sometimes prove to be confusing and cumbersome those American Citizens wishing to bring a loved one to the United States.
For further information please see: K1 Visa Thailand or K3 Visa Thailand.
17th September 2010
The administration of this blog routinely posts the processing times from the various Service Centers of the United States Citizenship and Immigration Service. This is done in an effort to provide up to date information about the current estimated processing times for visa categories such as the L1 visa, CR1 Visa, and the K1 visa. The following is quoted directly from the official USCIS 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 | 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 | February 8, 2007 |
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 | September 1, 2006 |
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 | March 16, 2010 |
I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | March 16, 2010 |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | March 16, 2010 |
I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | March 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 |
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 | 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. | May 22, 2010 |
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 | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | 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 | May 15, 2010 |
I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | May 15, 2010 |
I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | May 15, 2010 |
I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | May 15, 2010 |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | May 15, 2010 |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | May 15, 2010 |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | May 15, 2010 |
I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | May 15, 2010 |
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)] | 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-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 |
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 |
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 | 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 | December 1, 2005 |
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 31, 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 10, 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 10, 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 | August 2, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | August 2, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | August 2, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | August 2, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | August 2, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | August 2, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | August 2, 2007 |
I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | August 2, 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)] | June 16, 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 |
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 | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | December 28, 2007 |
I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | December 28, 2007 |
I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | 5 Months |
I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | 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 30, 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 30, 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 | March 30, 2010 |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | March 28, 2010 |
I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | September 30, 2008 |
I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | June 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-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | March 15, 2010 |
I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | December 31, 2009 |
I-90 | Application to Replace Permanent Resident Card | 10-year renewal | September 30, 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 |
Those interested in obtaining a US visa for a foreign loved one, employee, or investor are well advised to note that the above quoted processing times do not reflect all of the usual waiting time in a given immigration matter, particularly where Consular Processing is called for. In many cases, the National Visa Center plays a role in the process and the case must be forwarded to a US Embassy or US Consulate abroad if the beneficiary is applying for the visa outside of the United States. These factors alone can cause further delays in the processing of a given case.
Those who must seek either an I601 waiver or an I-212 waiver before a visa can be granted may be precluded from receiving a visa until after such petitions have been adjudicated.
For related information about the US visa process in a country-specific context please see: US Visa China, US Visa Thailand, or US Visa India.
14th September 2010
Limits of Consular Services for Americans Arrested Abroad
Posted by : admin
When Americans are arrested abroad it is a serious issue. Many nations do not have the same legal procedures as the United States. Therefore, the protocols under which an American is tried for a criminal offense abroad can be very different from the rules for charging and prosecuting an individual with a crime in the USA. Fortunately, the American State Department provides assistance to those US Citizens who have been arrested and/or incarcerated overseas. The following is quoted directly from the US State Department website:
DISCLAIMER: THE FOLLOWING IS A SUMMARY OF SERVICES PROVIDED TO U.S. CITIZENS ARRESTED ABROAD BY U.S. CONSULAR OFFICERS. SINCE CONDITIONS VARY FROM COUNTRY TO COUNTRY, THE PRECISE NATURE OF SERVICES MAY VARY LIKEWISE, DEPENDING ON INDIVIDUAL CIRCUMSTANCES IN A PARTICULAR CASE.
SUMMARY: One of the most essential tasks of the Department of State and of U.S. embassies and consulates abroad is to provide assistance to U.S. citizens incarcerated abroad. The State Department is committed to ensuring fair and humane treatment for American citizens imprisoned overseas. We stand ready to assist incarcerated citizens and their families within the limits of our authority, in accordance with international law. We can and do monitor conditions in foreign prisons and immediately protest allegations of abuse against American prisoners. We work with prison officials to ensure treatment consistent with internationally recognized standards of human rights and to ensure that Americans are afforded due process under local laws.
There is little doubt that American Consular Officers provide a tremendous amount of assistance to American Citizens imprisoned or arrested abroad. However, it should be reiterated that Americans traveling abroad may not be subject to familiar laws and regulations. Therefore, prior research of a given nation’s legal system may provide the intending traveler with some insight into the legal system of the country or countries where they may be staying while outside of the USA. To quote the aforementioned website further:
While in a foreign country, a U.S. citizen is subject to that country”s laws and regulations, which sometimes differ significantly from those in the United States and may not afford the protections available to the individual under U.S. law. As our Country Specific Information explain, penalties for breaking the law can be more severe than in the United States for similar offenses. Persons violating the law, even unknowingly, may be expelled, fined, arrested, or imprisoned. Penalties for possession, use, or trafficking in illegal drugs are strict, and convicted offenders can expect jail sentences and fines. If arrested abroad, a citizen must go through the foreign legal process for being charged or indicted, prosecuted, possibly convicted and sentenced, and for any appeals process. Within this framework, U.S. consular officers provide a wide variety of services to U.S. citizens arrested abroad and their families.
There are a number of services that US Consular Officers can provide, but there are a significant number of areas where US government personnel cannot provide assistance as it may be prohibited by law. To again quote the DOS website:
A consular officer cannot :
- demand the immediate release of a U.S. citizen arrested abroad or otherwise cause the citizen to be released.
- represent a U.S. citizen at trial, give legal advice or pay legal fees and/or fines with U.S. Government funds.
These disclaimers are important to note as many Americans are under the mistaken impression that American Consular Officers are meant to act in a representative capacity with respect to pending criminal charges overseas. This is simply not the case. Therefore, those arrested and/or incarcerated in a foreign country are well advised to contact either a foreign attorney or an American attorney abroad in an attempt to gain insight into one’s options with regard to pending foreign criminal charges. Furthermore, depending upon the country, it may be possible for an American Citizen to arrange for bail. This at least allows the American to be released while awaiting an adjudication on the merits of a pending case.
The issue of foreign criminal charges should not be confused with the issue of pending American criminal charges or a pending arrest warrant. If one has a pending warrant from the United States, then it may be necessary to contact an American attorney in order to ascertain one’s options with regard to both the warrant as well as the underlying case in order to make informed decisions about resolving the matter in a legally acceptable manner.
For related information please see: Warrant For My Arrest.
10th September 2010
Holiday Closing Schedule of US Embassy in Mongolia
Posted by : admin
Those who track this blog on a regular basis will no doubt notice that the administration frequently posts the holiday closing schedules of American Embassies and Consulates throughout Asia. This is done in an effort to forestall fruitless trips to American Missions abroad. The following was directly quoted from the official website of the United States Embassy in Mongolia:
Date | Week Day | Holiday | Nationality |
Jan 01 | Friday | New Year’s Day | |
Jan 18 | Monday | Martin Luther King’s, Jr. Day | |
Feb 15 | Monday | Lunar New Year*/Washington’s Birthday | ![]() |
Feb 16 | Tuesday | Lunar New Year* | ![]() |
March 8 | Monday | International Women’s Day | ![]() |
May 31 | Monday | Memorial Day | |
June 1 | Tuesday | Mother and Child Day | ![]() |
July 5 | Monday | Independence Day | |
July 12 | Monday | National Holiday Naadam | ![]() |
July 13 | Tuesday | National Holiday Naadam | ![]() |
Sep 6 | Monday | Labor Day | |
Oct 11 | Monday | Columbus Day | |
Nov 11 | Thursday | Veterans Day | |
Nov 25 | Thursday | Thanksgiving Day | |
Nov 26 | Friday | Constitution Day | ![]() |
Dec 24 | Friday | Christmas Day | |
Dec 31 | Friday | New Year’s Day |
|
The Embassy will be closed for the following holidays in 2011
Date | Week Day | Holiday | Nationalityn |
Dec 31 | Friday | New Year’s Day | |
Jan 17 | Monday | Martin Luther King’s, Jr. Day | |
Feb 3 | Thursday | Lunar New Year * | ![]() |
Feb 4 | Friday | Lunar New Year * | ![]() |
Feb 21 | Monday | Washington’s Birthday | |
March 8 | Tuesday | International Women’s Day | ![]() |
May 30 | Monday | Memorial Day | |
June 1 | Wednesday | Mother and Child Day | ![]() |
July 4 | Monday | Independence Day | |
July 11 | Monday | National Holiday Naadam | ![]() |
July 12 | Tuesday | National Holiday Naadam | ![]() |
July 13 | Wednesday | National Holiday Naadam | ![]() |
Sep 5 | Monday | Labor Day | |
Oct 10 | Monday | Columbus Day | |
Nov 11 | Friday | Veteran’s Day | |
Nov 24 | Thursday | Thanksgiving Day | |
Nov 25 | Friday | Constitution Day | ![]() |
Dec 26 | Monday | Christmas Day |
*Lunar New Year date may change according to the local Astrologers’ decision.
Many Americans and foreign nationals seek services from American Diplomatic and Consular Posts located throughout the world. Many seek services which can only be obtained from an American official. These services include, but are not limited to: issuance of Consular Reports of Birth Abroad, addition of visa pages, renewal of a US passport, and /or notarial services. Those seeking such services are well advised to check the official website of the post in order to ascertain if an appointment can be made online to visit the US Embassy. Setting an appointment in advance can greatly streamline the processing of requests at an American Citizen Services Section of an American Consulate abroad.
Those seeking a US visa are well advised to check with the appropriate US Consulate in order to obtain information about the procedures for setting a visa interview appointment. Generally, the protocols for setting a non-immigrant visa interview appointment are different from the procedures for setting an immigrant visa interview appointment (generally, for purposes of Consular Processing the K1 visa is treated as an immigrant visa).
For related information please see: US Visa China or US Visa Indonesia.
9th September 2010
US Department of State’s Website Having Technical Problems
Posted by : admin
The American Department of State’s website can be a useful resource for those interested in US Immigration. That said, there are many repositories of good information throughout the internet and some less-than-ideal resources. The following announcement was posted on the website of the American Immigration Lawyers Association (AILA):
Due to technical software problems, the Department of State’s “Visa Policy Updates” page of their website is currently unavailable for updates. Please note: the webpage itself is currently available; however, it does not include recent updates by DOS. Until further notice, Visa Policy Updates will not be sent to subscribers, but many documents still can be found on the Department of State website at the Visa Policy Update page.
The Department of State is responsible for administering the various American Missions located abroad. These include American Embassies, Consulates, and Institutes located in Asia. Many find that information on the Department of State can be very helpful when trying to decide what type of visa is most suitable for an individual wishing to travel to the United States of America.
Some Embassies and Consulates are considered to be so-called “high volume” Posts. In matters involving US Immigration, this appellation could be applied to the US Embassy Thailand or the US Consulate HCMC as these posts handle a larger caseload of American Immigration matters compared to some of their counterparts in Southeast Asia. That said, adjudications of visa applications are conducted by an officer at the US Embassy or US Consulate with jurisdiction over the proposed beneficiary. Such an adjudication is made pursuant to relevant US Immigration law and based upon the Consular Officer’s findings of fact. Each case is adjudicated based upon the unique set of facts in the case. Therefore, the rather general information which is provided on various websites throughout the internet, both government sponsored and privately funded, cannot necessarily be relied upon as definitive for every situation.
American Embassies and Consulates process a large number of visa applications each year. As each adjudication is different there is effectively no way of providing uniform information about the visa application adjudication process. Those interested in obtaining a visa to the USA are well advised to contact a US lawyer with experience dealing with United States Immigration as such an individual can provide relevant insight into the visa process and advise clients as to the appropriate visa category based upon the client’s circumstances.
For related information please see: USCIS Processing Times.
blah
5th September 2010
Holiday Closing Schedule of United States Embassy in New Zealand
Posted by : admin
The administration of this blog often posts the holiday closing schedules of various United States Embassies and Consulates in the Asia-Pacific region in an effort to provide assistance to American travelers and expats or foreign nationals seeking services at an American Mission abroad. The following holiday closing schedule for the US Embassy in New Zealand was quoted directly from the official website of the Post:
Date |
Occasion |
Location |
January 1 – Friday | New Year’s Day | NZ/US |
January 2 – Saturday | Day After New Year’s Day | NZ |
January 18 – Monday | Martin Luther King Jr. Birthday | US |
January 25 – Monday | Wellington Anniversary (Wellington Only) | NZ |
February 01 – Monday | Auckland Anniversary (Auckland Only) | NZ |
February 6 - Saturday | Waitangi Day | NZ |
February 15 – Monday | Presidents’ Day | US |
April 02 – Friday | Good Friday | NZ |
April 05 – Monday | Easter Monday | NZ |
April 25 – Sunday | Anzac Day | NZ |
May 31 – Monday | Memorial Day | US |
June 7 – Monday | Queen’s Birthday | NZ |
July 5 – Monday | Independence Day | US |
September 6 – Monday | Labor Day | US |
October 11 – Monday | Columbus Day | US |
October 25 – Monday | Labour Day | NZ |
November 11 – Thursday | Veterans Day | US |
November 12 – Friday | Canterbury Anniversary (Christchurch Only) | NZ |
November 25 – Thursday | Thanksgiving Day | US |
December 25 – Saturday | Christmas Day | NZ/US |
December 26 – Sunday | Boxing Day | NZ |
Those traveling to American Missions abroad are often in search of a US Embassy or US Consulate that can assist in visa matters and other proceedings which must be carried out by US government personnel. Such activities include, but are not limited to: Consular Report of Birth Abroad issuance, US passport renewal, addition of visa pages, and notarial services. Generally, the American Citizen Services Section of a United States Consulate can assist in these matters. Those with business at an American Citizen Services post are encouraged to check the official website of the US Embassy in order to ascertain if appointments can be scheduled online. This can greatly streamline processing of requests as ACS officers can anticipate customer requests and prepare to provide appropriate services.
Those seeking a visa to the United States of America often require a visa interview in order to complete the adjudication process. Those seeking a visa interview are well advised to contact the local post or check the official website for details about appointment scheduling. Usually the protocols for non-immigrant visa interview appointments are different than the protocols for setting immigrant visa interview appointments (for purposes of visa processing, generally the K1 visa is considered to be an immigrant visa).
For related information in Thai context please see: US Visa Thailand.
4th September 2010
Holiday Closing Schedule of the United States Embassy in Australia
Posted by : admin
Regular readers will no doubt note that the administration of this blog frequently posts the holiday closing schedule information for some of the United States Embassies and Consulates abroad. This is done in an effort to forestall possibly fruitless trips to a United States Mission abroad due to ignorance of local or American Holiday closure. To quote directly from the official website of the United States Embassy in Australia:
Date | Holiday Observed | Closures |
---|---|---|
Friday, January 1, 2010 | New Year’s Day | All posts closed |
Monday, January 18, 2010 | Martin Luther King, Jr’s Birthday | All posts closed |
Tuesday, January 26, 2010 | Australia Day | All posts closed |
Monday, February 15, 2010 | Presidents’ Day | All posts closed |
Monday, March 1, 2010 | Labour Day | Perth closed |
Monday, March 8, 2010 | Labour Day | Melbourne closed |
Monday, March 8, 2010 | Canberra Day | Canberra closed |
Friday, April 2, 2010 | Good Friday | All posts closed |
Monday, April 5, 2010 | Easter Monday | All posts closed |
Monday, April 16, 2010 | Anzac Day | All posts closed |
Monday, May 31, 2010 | Memorial Day | All posts closed |
Monday, June 7, 2010 | Foundation Day | Perth closed |
Monday, June 14, 2010 | Queen’s Birthday | Canberra, Melbourne and Sydney closed |
Monday, July 5, 2010 | Independence Day | All posts closed |
Monday, September 6, 2010 | Labor Day | All posts closed |
Monday, September 27, 2010 | Family and Community Day | Canberra closed |
Monday, September 27, 2010 | Queen’s Birthday | Perth closed |
Monday, October 4, 2010 | Labour Day | Canberra and Sydney closed |
Monday, October 11, 2010 | Columbus Day | All posts closed |
Tuesday, November 2, 2010 | Melbourne Cup Day | Melbourne closed |
Thursday, November 11, 2010 | Veterans Day | All posts closed |
Thursday, November 25, 2010 | Thanksgiving Day | All posts closed |
Friday, December 24, 2010 | Christmas Day (U.S.) | All posts closed |
Monday, December 27, 2010 | Christmas Day (Aus.) | All posts closed |
Tuesday, December 28, 2010 | Boxing Day | All posts closed |
Friday, December 31, 2010 | New Year’s Day (U.S.) | All posts closed |
Monday, January 3, 2011 | New Year’s Day (Aus.) | All posts closed |
This author can state from personal experience that traveling to a US Embassy on a Post holiday can be frustrating. That said, holidays are clearly posted on many US government websites. Those needing services at an Embassy or Consulate overseas are well advised to check the holiday closing schedule before traveling to the Post. Those needing assistance from the American Citizen Services Section of a US Consulate may be able to make an appointment in advance in order to facilitate smooth processing.
Those seeking a visa appointment may need to check with the Visa Unit at their local post in order to ascertain how appointments are set. For non-immigrant visas the process may be different than the process for those seeking American immigrant visas (for purposes of Consular Processing, the K1 visa is generally considered to be an immigrant visa).
Those interested in related information regarding Consular Processing in Asia please see: US Embassy Vietnam.
27th August 2010
National Visa Center To Begin An Electronic Processing Pilot Program
Posted by : admin
Those with pending visa petitions and applications may have only had a passing experience dealing with the National Visa Center. For example, the National Visa Center plays a rather small role in the K1 visa process. Meanwhile those seeking a CR1 Visa or an IR1 Visa have probably had extensive dealings with the National Visa Center (NVC). In recent weeks, the NVC changed some of their processing policies for certain US Marriage Visas. Therefore, many of those seeking K3 Visa benefits have seen their application “administratively closed” by the NVC where the underlying I-130 arrived prior to, or contemporaneously with, the I-129f petition. In a recent announcement from the American State Department it was announced that NVC has begun a pilot program that many hope will eventually lead to simplification of the NVC document compilation process. To quote directly from the State Department’s announcement, as distributed through AILA:
The Immigrant Visa Electronic Processing Program is a pilot project which uses electronic communication and documentation methods to simplify and accelerate the immigrant visa application process. This program uses e-mail for communication and submission of all forms and documents to the NVC using the Portable Document Format (PDF). Under the Electronic Processing Program all forms will be downloaded, completed, signed (if required), scanned, saved as PDF files, and e-mailed to the NVC. Required civil documents and supporting documents must be converted to PDF files by scanning and e-mailed to the NVC. After the NVC has completed processing the applicant’s petition, the applicant will need to present the original physical documents to the US Embassy/Consulate at the time of the applicant’s visa interview. Failure to do so may cause a delay or denial of the visa being sought.
It is this author’s opinion that this policy change will have a tremendous impact upon the US visa process and will likely lead to faster visa processing in general. It will be interesting to see how this new program will impact US Consular Processing abroad. As noted in the announcement, original documentation will not be required by the NVC in some cases. Those who did not remit original documentation to the NVC may need to do so at the visa interview which usually occurs at a US Embassy or US Consulate with appropriate jurisdiction. Those who fail to remit such documentation may be subjected to a 221g refusal. In some cases, issuance of a 221g can delay a case by weeks, or in a limited number of cases the case could be delayed by months.
That said, those seeking visas to the United States are still well advised to seek the assistance of a competent licensed American attorney from the USA. Regardless of increased processing efficiency, there are many factors which can affect a visa application and competent advice and counsel can forestall unforeseen problems.
For related information please see: US Attorney Thailand.
25th August 2010
Those who read this blog regularly will no doubt have noticed that we frequently post the holiday closing schedules for US Embassies and Consulates throughout the region. This is done in an effort to forestall unnecessary trips to a US Embassy or US Consulate as many foreign nationals are unfamiliar with American holidays and many American Citizens may be unfamiliar with local holidays.
Every year, Americans travel to American missions abroad in order to obtain certain services which cannot be performed by anyone except a Consular Officer. Generally, each American Mission has an American Citizen Services Section to provide vital services to Americans abroad. Services of this nature include, but are not limited to, Consular Report of Birth Abroad issuance, new US passport issuance, notarization services, addition of new visa pages, and in rare cases Americans seek a Consulate in order to renounce their US Citizenship (in recent months this has been on the rise, but those thinking about renouncing their US Citizenship would be wise to consult an American attorney about the ramifications of such a decision).
Those wishing to partake of services from a US Embassy abroad should look at the Post’s official website in order to learn if they make appointment online. If so, this can save the American Citizen a great deal of time and trouble as the Consular Officers can better anticipate the American’s needs prior to his or her arrival at the post. Furthermore, complicated requests could be more easily streamlined where the officers’ have been placed on notice.
Those seeking assistance from a Visa Unit attached to an Embassy or Consulate overseas are well advised to contact the Post directly in order to ascertain how interview appointments at Embassies are processed and scheduled.
Those seeking information related to US visas should see the following: US Visa Thailand or K1 visa
The holiday schedule posted below is quoted directly from the official website of the US Embassy accredited to Fiji, Kiribati, Nauru, Tonga, and Tuvalu:
Listed below are Fiji and U.S. National holidays on which the Embassy is closed.
Holiday Date Observed New Year’s Day Friday, Jan 01, 2010 Martin Luther King Jr’s Birthday Mon, Jan 18, 2010 President’s Day Mon, Feb 15, 2010 Prophet Mohammed’s Birthday Mon, Mar 1, 2010 National Youth Day Mon, Mar 22, 2010 Good Friday Friday, Apr 2, 2010 Easter Saturday Sat, Apr 3, 2010 Easter Monday Mon, Apr 5, 2010 Memorial Day Mon, May 24, 2010 Ratu Sir Lala Sukuna Day Fri, May 28, 2010 Queen’s Birthday Mon, Jun 14, 2010 Independence Day Mon, July 5, 2010 Labor Day Mon, Sep 6, 2010 Fiji Day/Columbus Day Mon, Oct 11, 2010 Diwali Fri, Oct 5, 2010 Veterans Day Thurs, Nov 11, 2010 Thanksgiving Day Thu, Nov 25, 2010 Christmas Day Mon, Dec 27, 2010 Boxing Day Tue, Dec 28, 2010
The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.