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Posts Tagged ‘US Fiance Visa’
19th September 2018
In what may be one of the most significant developments in immigration practice in quite some time, it recently came to this blogger’s attention via a policy memorandum from the United States Citizenship and Immigration Service (USCIS) that the USCIS is radically changing their policies with respect to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). For those unaware, an RFE is issued in a case where the adjudicating officer of an immigration petition is not fully satisfied that the beneficiary and/or the petitioner meet the legal requirements. An NOID is similar and may allow the petitioner to rectify a petition notwithstanding prior inadequacy.
That being stated, the procedures regarding issuance of RFEs and NOIDs have been fundamentally altered pursuant to policy memorandum PM-602-0163 dated July 13, 2018 entitled “Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM)Chapter 10.5(a), Chapter 10.5(b)” The provisions of this memo dictate new guidelines for adjudicators of immigration petitions. To quote directly from the USCIS website:
The 2013 PM addressed policies for the issuance of RFEs and NOIDs when the evidence submitted at the time of filing did not establish eligibility. In practice, the 2013 PM limited denials without RFEs or NOIDs to statutory denials by providing that RFEs should be issued unless there was “no possibility” of approval. This “no possibility” policy limited the application of an adjudicator’s discretion.
The policy implemented in this guidance restores to the adjudicator full discretion to deny applications, petitions, and requests without first issuing an RFE or a NOID, when appropriate.
Although the ramifications may not be immediately apparent, especially to those who do not deal with the immigration apparatus on a regular basis, this change in policy is rather profound. The prior doctrine which required that an adjudicator denying a petition without first issuing an RFE or NOID show that there was “no possibility” that a case could receive approval provided a great deal of limitation upon an adjudicator’s ability to unilaterally deny an immigration petition. The removal of this policy encumbrance allows future adjudicators a great deal more discretion in issuing immediate petition denials. The sources noted above go on to note that the primary reason for the change in policy stems from the desire to discourage so-called “placeholder” or “frivolous” filings (which under certain circumstances is laudable as such cases can unnecessarily clog up the immigration processing channels), but there could be significant ramifications for cases which would not necessarily fit those descriptions.
For example, in K-1 visa petitions it is now more likely that more denials will be issued in the future in such cases where it has not been incontrovertibly proven that the couple has in fact met in person within 2 years of filing for the benefit (the so-called Meeting Requirement). Furthermore, in cases involving petitioning for a fiance visa it seems logical to infer that future adjudications may result in a denial where the petitioner has failed to demonstrate that both parties maintain the requisite intention to marry in the USA.
It is difficult to speculate at this time exactly how this change in policy will be implemented and the full consequences associated therewith. However, two things are clear: 1) visa petitions are likely to be more susceptible to denial moving forward and 2) those thinking of undertaking a do-it-yourself approach to petitioning for a fiancee or marriage visa are well advised to seriously consider the negative aspects of failing to seek professional legal assistance in immigration matters as failure to fully delineate a case clearly and concisely in the initial petition for immigration benefits could result in a denial and thereby a loss of time and resources.
6th February 2018
What is the New National Vetting Center?
Posted by : admin
It has recently been announced that the Trump administration is creating a new “National Vetting Center”. The following article is intended to shed light on what this institution is designed to do and how it will fit into the overall immigration process.
It should first be noted that the National Vetting Center should not be confused with the preexisting National Visa Center which acts as a sort of clearing house and central repository for documentation pertaining to visa applications through the Department of State. The National Visa Center’s function is to gather relevant documentation and forward cases to the appropriate US Embassy or US Consulate for visa interview scheduling.
The National Vetting Center would seem to have a different mandate, although not altogether different as both institutions deal with matters pertaining to US Immigration. In an effort to provide further insight it is necessary to cite a recent article from the website of USA Today:
The National Vetting Center will be run by the Department of Homeland Security with assistance from the intelligence community and the departments of State, Justice and Defense. Its mission: To “collect, store, share, disseminate, and use” a broad range of information about people who seek to enter the United States, with a goal of identifying people who may be a threat to national security or public safety. “This is yet another step towards knowing who is coming to the United States — that they are who they say they are and that they do not pose a threat to our nation,” said Homeland Security Secretary Kirstjen Nielsen in a statement.
Although disregarded by some at the time as overreacting, this blogger has noted in prior discussion of so-called extreme vetting policy that although it was initially discussed in a very narrow geographical and situational context the establishment of the National Vetting Center and the presumption that all future US Immigration processing will involve said institution shows that this policy will have broad ramifications for all visa applicants.
What does this mean for the timing of US visa applications? At this time it is too soon to say whether the addition of National Vetting Center protocols will result in slower processing times. However, it stands to reason that adding an entirely new institutional bureaucracy to the overall immigration framework will result in at least some delays in the processing of petitions and applications.
As has been discussed previously on this blog and through some of our firm’s videos: the Trump administration’s policies with respect to Immigration could have wide ranging and long lasting ramifications for those seeking visas in the future. Furthermore, if a deal can be reached with respect to Comprehensive Immigration Reform it looks as though the era of so-called “chain migration” (allowing extended family of Lawful Permanent Residents and American citizens to seek visa benefits) and the visa lottery will likely come to an end.
7th December 2017
ទិដ្ឋាការប្រភេទ K-1 ពីប្រទេសកម្ពុជា៖
Posted by : admin
Khmer language translation of the video found here: ទិដ្ឋាការប្រភេទ K-1 ពីប្រទេសកម្ពុជា៖
នៅក្នុងវីដេអូនេះ យើងនឹងពិភាក្សាអំពីទិដ្ឋាការប្រភេទ K-1 សំរាប់គូដណ្ដឹង ក្នុងបរិបទនៃការដំណើរការរបស់ការិយាល័យកុងស៊ុលនៃស្ថានទូតសហរដ្ឋអាមេរិកប្រចាំនៅរាជធានីភ្នំពេញនៃព្រះរាជាណាចក្រកម្ពុជា ។
សំរាប់អ្នកដែលបានចូលមកកាន់ទំព័ររបស់យើង ហើយបានឃើញវីដេអូមួយចំនួនរបស់យើងហើយ អ្នកប្រហែលជាដឹងហើយថាយើងមានទីតាំងនៅក្នុងទីក្រុងបាងកកនៃប្រទេសថៃ ។ យើងធ្វើការដោះស្រាយជាចម្បងលើសំណុំរឿងអន្តោប្រវេសន៍ ។ ជាទូទៅគឺសំរាប់ជនជាតិថៃអាមេរិកាំង ហើយយើងធ្វើការរត់ការសំណុំរឿងជាច្រើនពាក់ព័ន្ធនឹងសំណុំរឿងអន្តោប្រវេសន៍សំរាប់គ្រួសារអាមេរិក ទិដ្ឋាការប្រភេទគូដណ្ដឹង ទិដ្ឋាការប្រភេទរៀបការ ។ល។
ដោយសារយើងមានទីតាំងស្ថិតនៅក្នុងទីក្រុងបាងកក មិនមែនមានន័យថាយើងធ្វើការផ្ដាច់មុខលើរឿងអន្តោប្រវេសន៍អាមេរិកតែនៅក្នុងប្រទេសនេះ នោះទេ ។ វាគួរអោយចាប់អារម្មណ៍ដែរ ដែលមេធាវីអន្តោប្រវេសន៍ជាច្រើនដែលធ្វើការនៅសហរដ្ឋអាមេរិកហាក់ដូចជាធ្វើការជាមួយអតិថិជនចំរុះជាតិសាសន៍ ប៉ុន្តែផ្ទុយទៅវិញ យើងនៅទីក្រុងបាងកកនេះ ហាក់ដូចជាធ្វើការតែជាមួយជនជាតិថៃ ។ ទោះបីជាយ៉ាងណាក៏ដោយ ខ្ញុំក៏ធ្លាប់បានធ្វើការជាមួយសំណុំរឿងមួយចំនួនដែរដែលពាក់ព័ន្ធនឹងស្ថានទូតសហរដ្ឋអាមេរិកប្រចាំនៅរាជធានីភ្នំពេញនៃព្រះរាជាណាចក្រកម្ពុជាដែរ ដោយសារតែប្រទេសនេះនៅជិតប្រទេសថៃ ។ សំរាប់អ្នកដោយចាប់អារម្មណ៍លើដំណើរការដោយមើលពីទិដ្ឋភាពទូទៅ ជាការល្អបំផុតគឺអ្នកគួរមើលទៅលើរឿងនេះជា២ដំណាក់កាល៖ ដំណាក់កាលមួយគឺពាក់ព័ន្ធនឹងក្រសួងសន្ដិសុខមាតុភូមិ ។ ស្ថាប័នអន្តោប្រវេសន៍ ហៅកាត់ថា USCIS ស្ថិតនៅក្រោមការគ្រប់គ្រងរបស់ក្រសួងសន្ដិសុខមាតុភូមិ នឹងចាប់ផ្ដើមដំបូងដោយធ្វើការសំរេចយល់ព្រមលើទំរង់បែបបទធានា I-129F ។ ពាក្យធានានេះ គឺជាចំនុចចាប់ផ្ដើមដំបូងនៃដំណើរការនេះ ។ អ្នកត្រូវដាក់ពាក្យធានា ហើយអ្នកត្រូវតែទទួលបានការសំរេចយល់ព្រមពី USCIS នៃក្រសួងសន្ដិសុខមាតុភូមិ មុនពេលដែលអ្នកអាចបន្តដំណើរការជាមួយនឹងទិដ្ឋាការប្រភេទ K-1 របស់អ្នក ។ បន្ទាប់ពីទទួលបានការសំរេចយល់ព្រមលើពាក្យធានារបស់អ្នកហើយ យើងនឹងនិយាយអំពីតំរូវការលំអិតពាក់ព័ន្ធនឹងពាក្យធានា ។ អ្វីដែលត្រូវកំណត់ចំណាំជាងគេបំផុតនោះ គឺដៃគូដែលដាក់ពាក្យធានាទាំងពីរនាក់ត្រូវតែនៅទំនេរនិងអាចរៀបការបានដោយស្របច្បាប់ នៅពេលដែលពាក្យធានាត្រូវបានដាក់ ។ លើសពីនេះទៅទៀត ភាគីទាំងពីរត្រូវធ្លាប់បានជួបគ្នាផ្ទាល់ក្នុងកំឡុងពេល២ឆ្នាំមុនពេលដែលពួកគេដាក់ពាក្យធានាសុំទិដ្ឋាការប្រភេទ K-1 ។ រឿងដែលសំខាន់ជាងគេដែលត្រូវចាំគឺ «អ្នកត្រូវតែនៅទំនេរនិងអាចរៀបការបានដោយស្របច្បាប់ ។ អ្នកមិនអាចស្ថិតនៅក្នុងស្ថានភាពកំពុងលែងលះនោះទេ ។ អ្នកត្រូវតែលែងលះរួចរាល់ហើយ ប្រសិនបើអ្នកមានប្ដីឬប្រពន្ធមុន ។ អ្នកត្រូវតែនៅទំនេរនិងអាចរៀបការបានដោយស្របច្បាប់ ហើយអ្វីដែលអ្នកត្រូវចងចាំ ដែរនោះគឺថា តំរូវការនេះអាចនឹងមាននៅក្នុងយុត្តាធិការនៃច្បាប់សាមញ្ញ ឬពេលខ្លះក៏មាននៅក្នុងយុត្តាធិការនៃច្បាប់រដ្ឋប្បវេណីផងដែរ ។ អ្នកមិនអាចស្ថិតនៅក្នុងស្ថានភាពមានប្ដីឬប្រពន្ធ នៅពេលដំណើរការទិដ្ឋាការប្រភេទ K-1 នោះទេ បើទោះបីជាអ្នកទាំងពីរជាប្ដីប្រពន្ធក៏ដោយ ។ អ្នកត្រូវរង់ចាំ និងស្ថិតនៅក្នងស្ថានភាពជាគូដណ្ដឹង រហូតដល់គូដណ្ដឹងបរទេសរបស់អ្នកដែលក្នុងសំណុំរឿងនេះ ជាជនជាតិខ្មែរ ចាកចេញពីរាជធានីភ្នំពេញ ទៅកាន់សហរដ្ឋអាមេរិក ហើយបន្ទាប់មកអ្នកនឹងមានរយៈពេល ៩០ថ្ងៃ ដើម្បីរៀបអាពាហ៍ពិពាហ៍ និងដាក់ពាក្យសុំផ្លាស់ប្ដូរស្ថានភាពអន្តោប្រវេសន៍ ។ ការផ្លាស់ប្ដូរស្ថានភាពអន្តោប្រវេសន៍ គឺជាដំណើរការមួយផ្សេងទៀត ។ វាកើតឡើងបន្ទាប់ពីការរៀបការនៅសហរដ្ឋអាមេរិក ។ មានវីដេអូមួយផ្សេងទៀតនៅក្នុងទំព័រនេះ ដែលពិភាក្សាជាពិសេសលើសេចក្ដីលំអិតនៃការផ្លាស់ប្ដូរស្ថានភាពអន្តោប្រវេសន៍ ។ យើងអាចនិយាយបានថា ជាមូលដ្ឋានវាគឺជាដំណើរការដែលគូដណ្ដឹងបរទេស ដែលបន្ទាប់មកនឹងក្លាយទៅប្តីឬប្រពន្ធ នឹងទទួលបានសិទ្ធិជាអ្នករស់នៅជាអចិន្ត្រៃយ៍ដោយស្របច្បាប់ ឬដែលត្រូវបានគេស្គាល់ថាជាអ្នកកាន់ green card នៅសហរដ្ឋអាមេរិក ។ អញ្ចឹង វាគឺជារឿងដែលកើតឡើងចុងក្រោយនៃដំណើរការនេះ ។ ត្រឡប់មកនិយាយពីសំណុំបែបបទធានាវិញ ដៃគូត្រូវតែបានជួបគ្នាផ្ទាល់ក្នុងកំឡុងពេល២ឆ្នាំមុនការដាក់ពាក្យ ត្រូវតែនៅទំនេរ និងអាចរៀបការបានដោយស្របច្បាប់ ។ មានពត៌មានលំអិតជាច្រើនទៀតដែលពាក់ព័ន្ធនឹងរឿងនេះ ដែលខ្ញុំនឹងមិនពិភាក្សាស៊ីជម្រៅពេកទេ ។ សន្មត់ថា ស្ថាប័ន USCIS DHS បានធ្វើការសំរេចយល់ព្រមលើពាក្យធានា ។ សំណុំរឿងនេះនឹងត្រូវបញ្ជូនយ៉ាងលឿនទៅកាន់មជ្ឍមណ្ឌលទិដ្ឋាការជាតិ ដែលដើរតួដូចជាកន្លែងលាងសំអាតឯកសារ ឬទីតាំងសំរាប់បញ្ជូនឯកសារ ដើម្បីបញ្ជូនសំណុំរឿងនេះទៅកាន់ស្ថានទូត ឬស្ថានកុងស៊ុលក្រៅប្រទេសដែលសមស្រប ហើយនៅក្នុងសំណុំរឿងនេះគឺកម្ពុជា ។ សំណុំរឿងនឹងត្រូវបញ្ជូនទៅរាជធានីភ្នំពេញនៃប្រទេសកម្ពុជា ហើយនៅពេលនោះ អ្នកត្រូវធ្វើការរត់ការតាមដំណើរការជាក់លាក់របស់ផ្នែកទិដ្ឋាការនៃការិយាល័យកុងស៊ុលរបស់ស្ថានទូតនៅទីនោះ ។
ទិដ្ឋាការប្រភេទ K-1 មានលក្ខណៈគួរអោយចាប់អារម្មណ៍ ដោយសារវាត្រូវបានគេចាត់ទុកថាជាប្រភេទទិដ្ឋាការដែលមានគោលបំណងពីរ ។ បើយើងនិយាយតាមច្បាប់ វាស្ថិតនៅក្នុងប្រភេទទិដ្ឋាការមិនមែនអន្តោប្រវេសន៍ ប៉ុន្តែចំពោះការដំណើរការនៅក្នុងកុងស៊ុល និងដំណើរការនៃដាក់ពាក្យ វាត្រូវបានគេគិតថាមានបំណងដើម្បីទទួលបានទិដ្ឋាការអន្តោប្រវេសន៍ ដូចជាទិដ្ឋាការប្រភេទប្តីប្រពន្ធ ឬ CR-1 ឬ IR-1 ដែរ ប៉ុន្តែលើកលែងតែទិដ្ឋាការប្រភេទ K-3 ។ ដូច្នេះ ជាសរុបរួមនៅក្នុងវីដេអូនេះ ដំណើរការនៃការដាក់ពាក្យសុំយកគូដណ្ដឹងជនជាតិខ្មែរទៅកាន់សហរដ្ឋអាមេរិក ចាប់ផ្ដើមពីសហរដ្ឋអាមេរិក ដំណើរការតាមរយៈភ្នាក់ងារមួយចំនួននៅទីនោះ មុនពេលបញ្ជូនទៅដល់ស្ថានទូតសហរដ្ឋអាមេរិកប្រចាំនៅរាជធានីភ្នំពេញ ។ បន្ទាប់មកទៀត មានឯកសារជាច្រើនដែលពាក់នឹងដំណើរការរួម និងឯកសារមួយចំនួនដែលត្រូវបកប្រែពីភាសាខ្មែរ ទៅអង់គ្លេស ។ សំរាប់សេវាកម្មរបស់យើងខ្ញុំ យើងអាចធ្វើការបកប្រែឯកសារទាំងនោះបាន ដែលវាគឺជាផ្នែកដ៏សំខាន់មួយនៃអ្វីយើងត្រូវធ្វើការរត់ការជាធម្មតា ។ ជារឿយៗ ខ្ញុំត្រូវទៅរាជធានីភ្នំពេញ ដើម្បីដោះស្រាយសំណុំរឿងជាមួយអតិថិជន ហើយពេលខ្លះអាចនឹងត្រូវការការបកប្រែដែរ ។ ប៉ុន្តែនិយាយជារួមទៅ បើយើងមើលទៅលើលក្ខណៈទូទៅនៃដំណើរការនៃការដាក់ពាក្យនេះ ហើយនិងអ្វីដែលយើងអាចជួយបានប្រសិនបើចាំបាច់ គឺថាវាត្រូវចាប់ផ្ដើមចេញពីសហរដ្ឋអាមេរិក ហើយនិងមកស្ថានទូតជាចុងក្រោយ ។ ខ្ញុំគិតថាវាអាចនឹងទាមទារពេលប្រហែលជា ៨ ឬ ៩ខែជាមធ្យម សំរាប់ដំណើរការទាំងអស់ដើម្បីទទួលបានទិដ្ឋាការប្រភេទ K-1 ។ វាអាចដំណើរការលឿន ឬយឺតជាងនេះ ។ អ្វីដែលត្រូវចាំពាក់ព័ន្ធនឹងពាក្យសុំទិដ្ឋាការទៅសហរដ្ឋអាមេរិក គឺថាវាដូចជាដុំព្រិលអញ្ចឹង ដុំនីមួយៗមានលក្ខណៈពិសេសខុសៗគ្នា ហើយអ្នកអាចនឹងឃើញថាសំណុំរឿងមួយអាចនឹងដំណើរការយ៉ាងលឿនដោយនឹកស្មានមិនដល់ ។ យើងធ្លាប់រត់ការសំណុំរឿងមួយដែលដំណើរការយ៉ាងលឿន បើប្រៀបធៀបទៅនឹងសំណុំរឿងផ្សេងៗទៀតជាមធ្យម ហើយខ្ញុំគិតថានេះគឺដោយសារតែវាទៅកាន់ចំទីកន្លែង និងពេលវេលាដែលត្រូវជាទីបំផុត ដែលធ្វើអោយវាដំណើរការលឿន ខណៈពេលដែលសំណុំរឿងខ្លះដំណើរការយឺត ។ សំណុំរឿងនីមួយៗមានលក្ខណៈខុសៗគ្នាទៅតាមសំណុំរឿង និងស្ថានភាពផ្សេងៗគ្នា ប៉ុន្តែដូចអ្វីដែលយើងបាននិយាយ ទិដ្ឋាការប្រភេទ K-1 សំរាប់ពលរដ្ឋខ្មែរ គឺត្រូវចាប់ផ្ដើមចេញពីសហរដ្ឋអាមេរិក ហើយវានឹងត្រូវមកបញ្ចប់នៅក្នុងប្រទេសកម្ពុជា ។ បន្ទាប់ពីពលរដ្ឋខ្មែរនោះធ្វើដំណើរទៅកាន់សហរដ្ឋអាមេរិក ហើយរៀបការជាមួយគូដណ្ដឹងដែលមានសញ្ជាតិអាមេរិករបស់គេហើយ ពួកគេអាចដាក់ពាក្យសុំផ្លាស់ប្ដូរស្ថានភាពអន្តោប្រវេសន៍ និងទទួលបានប័ណ្ណ Green Card នៅក្នុងសហរដ្ឋអាមេរិក ។
23rd November 2017
Information regarding K-1 Visa Applications From Vietnam
Posted by : admin
The following is a transcript of the video which can be found here: K-1 Visas from Vietnam
In this video we are going to be discussing K-1 Visas specifically in the context of cases that will be processed presumably through the US Consulate in Ho Chi Minh City primarily.
As can be heard from the preamble to this video, I’m an American attorney but we’re located here in Bangkok. Primarily we do the vast majority of our cases do involve Thai nationals though we do deal with cases regionally and I sort of thought about it the other day and I said that you know, I really don’t do enough videos talking about some of the other posts and other nationalities we deal with in the immigration context within the immigration practice here. So I went ahead and decided to do this video.
The way to look at the K-1 process specifically and the K-1 fiancée process is slightly different than dealing with other family based petitions. First of all, you have to be intending to marry an American citizen unlike marriage visas where you can be married to a lawful permanent resident and process a case that way for one of the preference categories. K-1 Visas are only between a foreign national and an American citizen. Both parties have to be legally free to marry, that’s rather important. This can come up and cause some confusion, and cause some problems in a lot cases because folks think “oh, we filed and now we can marry”. “No, you have to remain fiancées throughout the whole process!” You have to be legally free to marry up until the fiancée, the Vietnamese fiancée comes to the United States at which point it is then possible to go ahead and get married in the United States and file for adjustment of status to lawful permanent residence. In another video on this channel I discuss specifically adjustment of status. Adjustment of status is the process by which an individual comes to the United States, in this case in K-1 status, gets married and goes ahead and lawful permanent residence attached, aka Green Card Status. Another thing to keep in mind with respect to the K-1 specifically, the couple in question needs to have met physically in person within 2 years of the filing of the petition for the visa benefits. There are exceptions to this rule but they are very, very narrow in scope and for that reason it’s best to effectively just go ahead and say “look, I have to meet in person. That usually means they are going to have to travel at least once to, in the case of a Vietnamese fiancée, presumably Vietnam and meet physically in person, the Vietnamese fiancée before filing can be perfected or at least before an acceptable filing can be perfected.
Some things to think about as far as how it works. Well the case starts off over at the Department of Homeland Security, specifically USCIS, United States Citizenship and Immigration Services. They go ahead and process the petition. If the petition is approved, the case moves to the National Visa Center which is under the auspices of the Department of State. The National Visa Center, they act as a sort of clearing house or sort of administrative hub for sending these cases out, making sure it gets from the approval at DHS and gets to the appropriate embassy or consulate. In the vast majority of cases involving Vietnam you’re not going to be dealing with the post in Hanoi, in the vast majority of cases at least that we deal with, you’re dealing with the consulate in Ho Chi Minh City. It is a higher volume post, so processing can take a little bit longer. In Vietnam, as far as Consular processing goes, it can take a little bit longer when compared to other posts in the region, Bangkok included, but Bangkok is a pretty high volume post as well. Some of the other smaller posts, Cambodia, Laos definitely, even Yangon, don’t quite have the volume so things may move a little bit more quickly. But that being said, it’s just the process you have to deal with and every case is sort of being unique and you have to deal with the circumstances as you take them. So that being said, it will go to the Consulate in Ho Chi Minh City and at that point the case, the Vietnamese fiancée will be informed of the protocols that he or she needs to undertake to go ahead and complete the consular processing portion. In the cases where we have been retained to assist in these matters, we often assist with translations, compilation of documentation, filling out of various forms, both online and physical forms cases and in a lot of cases going ahead and submitting the request for the actual visa application interview. And then on top of that we go ahead and assist in preparing certain questions or I really hate to say we provide the questions that they are going to ask, we don’t; we provide an overview with respect to how, what is the process looking for? What kind of due diligence is the Consular Officer likely to be interested in conducting? In most cases it’s ascertaining that the couple is a genuine couple, they are legally free to marry, they’ve remained legally free to marry, they adhere to the law, they adhere to the Immigration policy, they don’t have any legal grounds of inadmissibility and all the documentation relevant to the case that that officer feels is pertinent is present and accounted for with respect to the underlying application. That’s basically what they’re looking to do. It’s not an exercise in “stump the applicant”, it’s an exercise in due diligence. They want to make certain that the couple is bona fide. So for that reason, that is sort of a general overview of what the interview process is like. If the officer requests further documentation, they can issue what is called a 221-G request for further documentation.
In some cases they may feel that the case is denied for various reasons. They have to give a legal reason why they are denying the case. In most cases that I have dealt when you get a denial, you are looking at a legal ground of inadmissibility, and a legal ground of inadmissibility is defined in the Immigration Nationality Act and in some cases it’s often possible to overcome that legal ground of inadmissibility through use of an I-601 waiver. There are various videos on this channel with respect to the I-601 specifically but to sort of just sum up K-1 visa processing through Vietnam, you’re looking at a matter of months; I think you are looking at probably 8 or 9 months with respect to the overall “door to door” process with respect to processing a successful K-1 visa, on average. There are outliers on both sides. Every case is unique; it’s like a snow flake. But that being said, that’s kind of a general overview with respect to timeline, the thing to keep in mind, just sort of in sum. It’s a 3 part process. It effectively begins in the US, goes through various offices in the US, finally to wind up, generally speaking, at the US Consulate in Ho Chi Minh City where the matter will be adjudicated by the Consular Officer at the Immigrant Visa Unit. Again, K-1s are interesting because they’re a non-immigrant visa that has dual intent. You are actually a non-immigrant visa but to all intents and purposes, the consular section treats it as if it were an immigrant visa and you go ahead and undertake the interview and hopefully, presuming a successful interview, a visa will be issued shortly after the interview date.
10th November 2017
Information Regarding K-1 visas from Cambodia
Posted by : admin
The following is a transcript of the video found here: K-1 Fiance Visas From Cambodia:
In this video we are going to be discussing the K-1 Fiancee Visa specifically in the context of Consular processing in the Kingdom of Cambodia; specifically the US Embassy in Phnom Penh.
For those of you who have checked out this channel and seen some of the other videos, you probably know that we are based in Bangkok, Thailand, we do deal primarily with immigration matters arising with Thai-American nationality generally, we deal with a lot of US family immigration matters, fiancée visas, marriage visas etc.
Just because we’re located here, does not mean necessarily that this is our exclusive bailiwick with respect to US immigration. It is sort of interesting in so far as immigration attorneys who practice in the United States tend to have a plethora of rather wide range of nationality of clientele that they deal with, whereas, it is sort of somewhat inverted by us being based in Bangkok we primarily deal with Thai nationals. But that being said, I have dealt with cases involving the US Embassy in Phnom Penh, Cambodia, quite a number of cases involving that particular post, mostly because of its nearby proximity to Thailand here. But that being said, for those who are interested in sort of an overview of the process it’s best to sort of look at it in 2 phases: One involves the Department of Homeland Security. The Immigration apparatus, USCIS under the auspices of DHS, Department of Homeland Security, is going to go ahead and adjudicate what is called an I-129 F petition. That petition is basically the starting point of the process if you will. You have got to file a petition and you have got to get approval from the Department of Homeland Security, USCIS, before being able to proceed further with the K-1 visa. After the initial adjudication of the petition, and let’s go into some details of some requirements associated with the petition, most notably the couple in question must both be legally free to marry at the time that the application is filed. Moreover, both parties need to have met physically, in person within a 2-year period of their initial filing of the petition for a K-1 visa status. The big things to keep in mind is that “You have got to be legally free to marry”, you can’t be getting a divorce, you have to already be divorced if you have a prior spouse; you have got to be legally free to marry and the other thing to keep in mind is this can sort of happen in certain common law jurisdictions or sometimes even in civil law jurisdictions. You can’t get married legally while the K-1 is processing, even if it’s to each other, you have to wait and remain fiancées until the foreign fiancée in this case Khmer, presumably coming out of Phnom Penh, comes to the United States and then you have 90 days to get married and file to adjust status. Adjustment of status is a different process. It comes subsequent to marriage, in the United States. There’s another video on this channel which specifically discusses the details of adjustment of status. Suffice it to say that basically that’s the process by which the foreign fiancée, and later spouse, becomes a lawful permanent resident, aka a green card holder in the United States. So that’s sort of the back end of the process. Going back, petition, have to have met within 2 years of filing, need to be legally free to marry, there’s other details associated with this, I am not going to get too deep into that side of things, but presuming USCIS DHS approval, the matter is going to move quickly over to the National Visa Center which acts as a sort of clearing house or routing hub to send it to the appropriate Embassy or Consulate abroad, in the case of Cambodia Nationals, presumably that’s going to be Phnom Penh , Cambodia and at that point, you need to deal with the specific Consular processing mandates of the visa section of the Embassy over there.
It is interesting to bring up with respect to K-1 visas, they are what is considered a dual intent visa. So technically speaking, they’re non-immigrant category but for purposes of consular processing, and sort of the application process, they are treated for all intents and purposes as Immigrant visas, just like a spouse visa, CR -1 IR -1 or “shades of grey” here but the K-3 visa. So basically to sum up, with respect to this video, the process for getting a fiancée of Cambodian nationality into the United States, begins in the United States, progresses through multiple agencies over there before getting to the US Embassy in Phnom Penh and then there’s various documentation associated with the overall process and various documents which need to be translated from Khmer to English etc. Our services, we can provide those translations, part and parcel with what we deal with on a regular basis. I oftentimes have to go over to Phnom Penh to deal with clients as well and that can sometimes come up. But just generally speaking, as sort of from an overview of how the process works and what we can do to assist if necessary is basically, it starts in the US, comes over to the Embassy and finally, I think it is pretty safe to say probably 8 months, 9 months on average, all in, the processing time for getting a K-1. It can move faster, it can move slower. The thing to keep in mind with respect to all US visa applications is they’re like snowflakes, every one of them is unique, every one of them is slightly different and you are going to see one case may move inordinately quickly, we actually had one process through quite quickly as far as sort of compared to averages and I think it sort of just hit the right desk at the right minute and just sort of went through whereas some cases they just move more slowly. It’s going to differ, case to case, circumstance to circumstance but that being said, with respect specifically to Cambodia K-1 Visas again are going to start processing in the United States, they’re going to end up in Cambodia and then once the Cambodian national comes to the United States and marries their American citizen fiancée, they can go ahead and petition to adjust status and receive a green card in the US.
13th October 2013
Affidavit of Support: Issues Involving Federal Poverty Guidelines
Posted by : admin
A frequently asked question from those wishing to sponsor a foreign fiance or spouse for a US Fiance Visa or US Marriage Visa is: do I make enough income to act as a sponsor for my loved one? The answer to this question involves the affidavit of support which is a primary component of the visa application process. When a fiance or spouse visa application is adjudicated by a Consular Officer at a US Embassy or US Consulate overseas part of the application includes either and I-134 or I-864 affidavit of support. This document allows the adjudicating Consular officer to make a determination as to whether or not the US Citizen spouse or fiance has the income necessary to support their fiance or spouse in the United States. This affidavit also acts as a sort of third party beneficiary contract between the American spouse and the United States government in order to make certain that the American spouse pays the US government for any means tested benefits that the foreign spouse may acquire while in the USA.
When determining whether or not an American spouse or fiance can support a foreign spouse or fiance the adjudicating officer will first look to the American’s adjusted annual income on his or her income tax return. In order to meet the minimum eligibility requirements the American spouse or fiance must earn 125% of the federal poverty guidelines for a family of their size. The current federal poverty guidelines for the 48 contiguous States as well as Alaska and Hawaii can be found below (as quoted from the official website of Housing and Human Services):
| Persons in family/household | Poverty guideline |
|---|---|
| For families/households with more than 8 persons, add $4,020 for each additional person. | |
| 1 | $11,490 |
| 2 | 15,510 |
| 3 | 19,530 |
| 4 | 23,550 |
| 5 | 27,570 |
| 6 | 31,590 |
| 7 | 35,610 |
| 8 | 39,630 |
| Persons in family/household | Poverty guideline |
|---|---|
| For families/households with more than 8 persons, add $5,030 for each additional person. | |
| 1 | $14,350 |
| 2 | 19,380 |
| 3 | 24,410 |
| 4 | 29,440 |
| 5 | 34,470 |
| 6 | 39,500 |
| 7 | 44,530 |
| 8 | 49,560 |
| Persons in family/household | Poverty guideline |
|---|---|
| For families/households with more than 8 persons, add $4,620 for each additional person. | |
| 1 | $13,230 |
| 2 | 17,850 |
| 3 | 22,470 |
| 4 | 27,090 |
| 5 | 31,710 |
| 6 | 36,330 |
| 7 | 40,950 |
| 8 | 45,570 |
SOURCE: Federal Register, Vol. 78, No. 16, January 24, 2013, pp. 5182-5183
Those wishing to ascertain whether they are eligible to sponsor their foreign fiance or spouse should use the above figures to determine 125% of the poverty guidelines for a family of their size (including the foreign family member(s)). It should be noted that active duty members of the United States Armed Forces must only meet 100% of the federal poverty guidelines in order to be eligible to sponsor a foreign fiance or spouse. Those unable to meet the 125% income level noted above may be able to use assets to offset the difference between their level of income and the 125% requirement. For affidavit of support purposes, a prospective sponsor of a Thai fiancee or wife can make up the difference in income between what is actually earned and what is legally required by providing evidence of assets which equal 5 times the difference between what a prospective sponsor earns and the level required by law. Thus, if a prospective sponsor fall short of the 125% level by 5,000 USD, then the prospective sponsor can show proof of assets in the amount of 25,000 USD in order to overcome the disparity.
It may also be possible to use the income and assets of a joint sponsor if the person petitioning for the foreign national’s visa is unable to overcome the income and asset requirements. It should be noted that only the I-864 affidavit of support (that used in cases involving the application for a CR-1 visa or an IR-1 visa) may utilize a joint sponsor. Those seeking a K-1 visa are not eligible to use a joint sponsor, therefore, only the American Citizen fiance’s income and assets will be adjudicated during the K1 visa application process. In the past, Consular Officers at the US Embassy in Bangkok were known to accept joint sponsors in K-1 visa application adjudications. However, as of the time of this writing that practice has ceased.
Those interested in learning more on these topics are encouraged to click on the following link: Affidavit of Support.
7th August 2013
Holiday Closing Schedule For The US Embassy In Vientiane, Laos
Posted by : admin
The administration of this blog routinely posts the holiday closing schedules of the various US Embassies and US Consulates in the Southeast Asia region to provide a single source for such information to Americans who frequently travel in the region as well as foreign nationals who may be seeking services at such posts. The following is quoted directly from the official website of the United States Embassy in Vientiane, Laos:
| Date | Day | Holiday |
|---|---|---|
| January 1 | Tuesday | New Year’s Day |
| January 21 | Monday | Martin Luther King, Jr.’s Birthday |
| February 18 | Monday | Presidents’ Day |
| March 8 | Friday | International Women’s Day |
| April 15-17 | Monday – Wednesday | Lao New Year |
| May 1 | Wednesday | Lao Labor Day |
| May 27 | Monday | Memorial Day |
| July 4 | Thursday | Independence Day |
| September 2 | Monday | Labor Day |
| October 14 | Monday | Columbus Day |
| October 21 | Monday | Boat Racing Festival |
| November 11 | Monday | Veteran’s Day |
| November 18 | Monday | That Luang Festival |
| November 28 | Thursday | Thanksgiving Day |
| December 2 | Monday | Lao National Day |
| December 25 | Wednesday | Christmas Day |
Substitution days. Please note: According to the prevailing practice in Laos, official holidays which fall on Saturday will be observed on the preceding Friday and Sunday on the following Monday.
Each year, a significant number of Americans travel to a US Embassy or US Consulate abroad in order to request services such as Passport renewal, additional visa pages, notarization, Consular Reports of Birth Abroad (CRBA), and much more. Those wishing to avail themselves of these services are encouraged to contact American Citizen Services at the US Embassy or US Consulate concerned. In most cases, Americans are well-advised to make an appointment prior to traveling to the post as some Embassies and Consulates require a prior appointment while others can process a request much more quickly if an appointment has been made before arrival at the post.
Foreign nationals, especially those wishing to apply for a US visa, are also occasionally in need of access to a US Embassy or US Consulate abroad. In circumstances where a US visa is being sought it is generally a requirement that the foreign national schedule an appointment for visa interview prior to traveling to the post. Applicants for a US Tourist Visa (B-2 visa), US Business Visa (B-1 visa), US Student Visa (F-1 visa), or an Exchange Worker Visa (J-1 visa) are usually interviewed by a Consular Officer with a Non-immigrant visa unit. Meanwhile, those seeking an IR-1 visa (immigrant relative visa), CR-1 visa (conditional immigrant visa for an immigrant relative), K-3 visa (non-immigrant spouse visa), or a K-1 visa (US fiance visa for the fiance or fiancee of an American Citizen) are usually required to undergo an interview before a Consular Officer under the Immigrant Visa Section of the Consular Post.
31st July 2013
2013 Holiday Closing Schedule For The US Embassy in Myanmar (Burma)
Posted by : admin
The administration of this blog periodically posts the holiday closing schedules of the various US Embassies and US Consulates in the Southeast Asia region in order to provide a level of convenience to Americans traveling in the area. The following holiday closing schedule was quoted directly from the official website of the US Embassy in Rangoon, Burma (Yangon, Myanmar):
| Date | Day | U.S.* | Burmese** |
|---|---|---|---|
| January 1 | Tuesday | New Year’s Day | |
| January 4 | Friday | Independence Day | |
| January 21 | Monday | Martin Luther King’s Birthday | |
| February 12 | Tuesday | Union Day | |
| February 18 | Monday | President’s Day | |
| March 27 | Wednesday | Armed Forces Day | |
| April 15 | Monday | THINGYAN (Water Festival) | |
| April 16 | Tuesday | THINGYAN (Water Festival) | |
| April 17 | Wednesday | Burmese New Year | |
| May 1 | Wednesday | Workers’ Day | |
| May 27 | Monday | Memorial Day | |
| July 4 | Thursday | Independence Day | |
| July 19 | Friday | Martyrs’ Day | |
| July 22 | Monday | Full Moon of Waso | |
| September 2 | Monday | Labor Day | |
| October 14 | Monday | Columbus Day | |
| November 11 | Monday | Veteran’s Day | |
| November 27 | Wednesday | National Day | |
| November 28 | Thursday | Thanksgiving Day | |
| December 25 | Wednesday | Christmas Day | Christmas Day |
Many Americans traveling abroad find that it is necessary to travel to an American Embassy or Consulate in order to request services such as Passport renewal, adding of visa pages, notarial services, or Consular Reports of Birth Abroad (CRBA). Many of these requests can be made at an American Citizen Services Section of the US Embassy or US Consulate-General.
Meanwhile, every year many foreign nationals from around the globe travel to American posts abroad to apply for visas and other travel documents granting permission to travel to the United States. Some visa seekers only wish to remain temporarily in the US on non-immigrant visas such as the B-1 visa (Business Visa), the B-2 visa (Tourist Visa), the F-1 visa (Student Visa), or the J-1 visa (Exchange worker visa). Generally, applications for the aforementioned visa categories can be made at a non-immigrant visa unit within the Consular Section of the US Embassy or US Consulate-General. Applicants are usually required to make an appointment in advance to apply for these types of visas.
Some foreign nationals wish to travel to the United States for business purposes. Depending upon the circumstances of the individual applying for admission to the USA, a business traveler may be issued a non-immigrant or an immigrant visa. The L-1 visa, the E-1 visa, the E-2 visa, the EB-5 visa, the EB-4 visa, the EB-3 visa, the EB-2 visa, the EB-1 visa, and the H-1B visa are all business visa categories commonly sought by foreign nationals. Generally, a business travel unit within the Consular Section of a US Embassy or Consulate-General abroad is responsible for adjudicating such applications.
Some foreign nationals seek visa benefits based upon a relationship to a US Citizen or lawful permanent resident. One of the most commonly sought US family based visas is the immigrant visa based upon marriage to an American Citizen, these types of visas are generally classified as a CR-1 visa or an IR-1 visa. Fiancees of US Citizens may be eligible to apply for a K-1 visa (US fiance visa). Furthermore, those married to Americans sometimes seek a US K-3 visa. K-1 visas and K-3 visas are generally adjudicated by an Immigrant visa unit, notwithstanding the fact that they are non-immigrant visa categories as they are treated as immigrant visas since the applicants have immigrant intent.
For related information please see: US Immigration Asia.
27th July 2013
Estimated USCIS Processing Times As Of May 31, 2013
Posted by : admin
Periodically, the administration of this web log post the estimated processing times from the United States Citizenship and Immigration Service (USCIS). It should be noted that the following processing time estimates are exxactly that: estimates. Some petitions may process more quickly while other petitions may proccess more slowly. To quote directly from the USCIS official website:
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-129 | Petition for A Nonimmigrant Worker | Blanket L | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | 5 Months |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | November 15, 2011 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | February 1, 2010 |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | October 4, 2010 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | June 21, 2010 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | February 11, 2010 |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | May 30, 2012 |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | March 16, 2012 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | 2.5 Months |
| I-601 | Application for Waiver of Grounds of Inadmissibility | Waiver of Grounds of Inadmissibility | 4 Months |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). | 90 Days |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | November 28, 2011 |
| I-821 | Application for Temporary Protected Status | El Salvador extension | 3 Months |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | 3 Months |
| I-821D | Consideration of Deferred Action for Childhood Arrivals | Request for Deferred Action | 6 Months |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | May 16, 2012 |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | September 12, 1997 |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | March 16, 2013 |
| I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
| I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | January 2, 2013 |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | January 16, 2013 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | January 16, 2013 |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | 4 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
| I-601 | Application for Waiver of Grounds of Inadmissibility | Waiver of Grounds of Inadmissibility | 4 Months |
| I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | May 8, 2013 |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). | 90 Days |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | 3 Months |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | 3 Months |
| I-821D | Consideration of Deferred Action for Childhood Arrivals | Request for Deferred Action | 6 Months |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | January 15, 2013 |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
| N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | 4 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
| I-601 | Application for Waiver of Grounds of Inadmissibility | Waiver of Grounds of Inadmissibility | 4 Months |
| I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). | 90 Days |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821D | Consideration of Deferred Action for Childhood Arrivals | Request for Deferred Action | 6 Months |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | January 7, 2013 |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
| N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | July 1, 2012 |
| I-129 | Petition for A Nonimmigrant Worker | Blanket L | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | 5 Months |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | April 16, 2012 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | October 22, 2012 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | April 9, 2012 |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | April 9, 2012 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | March 5, 2012 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | December 4, 2010 |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | May 7, 2012 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | April 16, 2012 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | 2.5 Months |
| I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | March 27, 2013 |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | October 31, 2010 |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | January 6, 2011 |
| I-765 | Application for Employment Authorization | Based on an approved, concurrently filed, I-821D, Consideration of Deferred Action for Childhood Arrivals (c)(33). | 90 Days |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | October 31, 2010 |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | October 31, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | October 31, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | October 31, 2010 |
| I-821D | Consideration of Deferred Action for Childhood Arrivals | Request for Deferred Action | 6 Months |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
| I-90A | Application to Replace Permanent Resident Card | Initial issuance or replacement for Special Agricultral Workers (SAW) | 3.5 Months |
| I-914 | Application for T Non-immigrant Status | Provide temporary immigration benefits to an alien who is a victim of trafficking in persons, and immediate family | 4 Months |
| I-918 | Petition for U Non-immigrant Status | Provide temporary immigration benefits to an alien who is a victim of qualifying criminal activity, and their qualifying family | May 7, 2012 |
It should be also noted that although these USCIS estimated processing times can provide a general framework for understanding the time frames for petition adjudication by USCIS, these estimates do not necessarily reflect the estimated time frame for the entire US visa process especially if the unique circumstances of a given case requires Consular Processing of a US visa application at a US Embassy or US Consulate abroad.
For a married couple seeking an IR1 visa or a CR1 Visa for a foreign spouse of US Citizen the process begins at the USCIS where the initial petition will be adjudicated. Assuming USCIS approves the initial petition, then the petition will be forwarded to the National Visa Center (NVC). NVC will require certain documents before forwarding the application to a US Embassy or Consulate abroad where a foreign spouse must undergo an interview prior to the Consular Officer making a decision regarding visa issuance. In some cases, the Consular Officer may approve the visa application at the interview. Meanwhile, in some circumstances, the officer may deny the application (especially where a ground of inadmissibility is found to exist in the case and under such circumstances the applicant must be granted an I-601 waiver, or something similar, prior to the application receiving further favorable treatment). In some cases, the officer may simply find that some further evidence of the relationship or documentation pertaining to the foreign national is lacking and will thereby deny the application pursuant to section 221(g) of the Immigration and Nationality Act. Under these circumstances, the 221(G) denial may be overcome by presenting further evidence to the Consular Officer and upon their finding that the relevant requirements have been met the application may be approved.
As one can infer from the above example, the USCIS estimateed processing times may not accurately reflect the total time it may take to obtain a US visa since the process is sometimes more complex than simple USCIS petition approval.
26th July 2013
USCIS Issues Answers To FAQs Regarding Same Sex Marriage And DOMA
Posted by : admin
It has come to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) has issued a new set of answers to frequently asked questions stemming from the recent decision by the United States Supreme Court which overturned Section 3 of the Defense of Marriage Act (DOMA). In previous postings on this blog the fact that lawful permanent residents and American Citizens with same-sex spouses can now file for immigration benefits for their same sex spouse has been discussed at length. That said, USCIS discussed this issue in their recently issued FAQ release, to quote directly from the USCIS website:
Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa?
A1: Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be automatically denied as a result of the same-sex nature of your marriage. [italics added]
As previously pointed out on this blog, the ability of American Citizens to file for immigration benefits for a same-sex foreign spouse is a fairly clear cut result of the recent Supreme Court decision finding Section 3 of DOMA unConstituional. It should be noted that the USCIS seems to also imply that a K3 visa would also now be a possibility for same sex couples as it could be construed to be an “applicable accompanying application”. However, an issue that was not so clearly dealt with by the Supreme Court’s decision pertains to the K-1 visa (US fiance visa). As Fiance visas are, by definition, not based upon a marriage, but an intended marriage; further clarification from USCIS on these types of visas post-DOMA is considered by some to be quite helpful. To quote further from the aforementioned USCIS FAQ section:
Q2. I am a U.S. citizen who is engaged to be married to a foreign national of the same sex. Can I file a fiancé or fiancée petition for him or her?
A2. Yes. You may file a Form I-129F. As long as all other immigration requirements are met, a same-sex engagement may allow your fiancé to enter the United States for marriage. [italics added]
This clarification from USCIS regarding the fiance visa in the context of same sex marriage, while helpful, is slightly qualified by the next section of the same FAQ page:
Q3: My spouse and I were married in a U.S. state that recognizes same-sex marriage, but we live in a state that does not. Can I file an immigrant visa petition for my spouse?
A3: Yes, you can file the petition. In evaluating the petition, as a general matter, USCIS looks to the law of the place where the marriage took place when determining whether it is valid for immigration law purposes. That general rule is subject to some limited exceptions under which federal immigration agencies historically have considered the law of the state of residence in addition to the law of the state of celebration of the marriage. Whether those exceptions apply may depend on individual, fact-specific circumstances. If necessary, we may provide further guidance on this question going forward. [italics added]
Clearly, the US fiance visa is now a viable option for same sex couples with a bona fide intention to marry in those jurisdictions of the United States which recognize same sex marriage. Since the jurisdiction of the celebration of the intended marriage is USCIS’s primary concern it would appear that a K1 visa itself will be a possibility for same sex couples in the future. However, it would appear that some ancillary immigration benefits may or may not be available at this time for some same sex bi-national couples depending upon the unique residency circumstances of those couples.
Of further interest to some same sex couples will likely be the fact that there are benefits for the foreign same sex spouse of an American Citizen with respect to naturalization:
Q8. Can same-sex marriages, like opposite-sex marriages, reduce the residence period required for naturalization?
A8. Yes. As a general matter, naturalization requires five years of residence in the United States following admission as a lawful permanent resident. But, according to the immigration laws, naturalization is available after a required residence period of three years, if during that three year period you have been living in “marital union” with a U.S. citizen “spouse” and your spouse has been a United States citizen. For this purpose, same-sex marriages will be treated exactly the same as opposite-sex marriages. [italics added]
Therefore, the same sex spouse of an American Citizen will be treated the same way as the opposite sex spouse of an American for purposes of obtaining US Citizenship based upon the couple’s marriage and lawful permanent residence obtained thereby. Finally, of further note in this recently issued USCIS FAQ page relates to the I-601 waiver process:
Q9. I know that the immigration laws allow discretionary waivers of certain inadmissibility grounds under certain circumstances. For some of those waivers, the person has to be the “spouse” or other family member of a U.S. citizen or of a lawful permanent resident. In cases where the required family relationship depends on whether the individual or the individual’s parents meet the definition of “spouse,” will same-sex marriages count for that purpose?
A9.Yes. Whenever the immigration laws condition eligibility for a waiver on the existence of a “marriage” or status as a “spouse,” same-sex marriages will be treated exactly the same as opposite-sex marriages. [italics added]
Waivers of inadmissibility can be difficult to obtain under certain circumstances as they are, by definition, a discretionary waiver. However, one major hurdle for many same-sex bi-national couples in the US immigration sphere has been cast aside by the comendable decision of the United States Supreme Court. USCIS deserves comendation as well for their efforts to quickly and decisively implement policies which bring immigration regulations in line with changes in the law.
Readers are encouraged to read the USCIS website and the FAQ section quoted above to find out further details regarding immigration regulations pertaining to same sex couples.
For related information please see: US Visa Thailand.
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