Categories
Family Immigration Form I-130, Petition for Alien Relative Form I-864, Affidavit of Support Waivers / Visa Denials

Issues for U.S. Expats Filing a Form I-130, Immigrant Petition for Alien Relative

Here’s a reader’s question: I am a U.S. citizen and have been living outside the U.S. for almost four years for study. I got married a year ago and would like to apply for my husband to immigrate. My question is, can I apply for him while I am outside the U.S.? I have not finished…

Categories
Family Immigration Form I-130, Petition for Alien Relative

USCIS Beijing Filing Instructions for Form I-130, Petition for Alien Relative

Reproduced below are instructions distributed by the U.S. Citizenship and Immigration Services (USCIS) Beijing Field Office for filing the Form I-130, Petition for Alien Relative. These local instructions supplement the official instructions on the USCIS website.

Categories
Family Immigration Form I-130, Petition for Alien Relative LGBT Immigration Issues Temporary Visas

Same-Sex Spouses: U.S. Immigration Benefits Eligibility (Updated Aug. 3)

This article covers same-sex spouses’ eligibility for U.S. immigration benefits in light of the Supreme Court decision holding the Defense of Marriage Act (DOMA) to be unconstitutional.

Categories
Family Immigration Form I-130, Petition for Alien Relative LGBT Immigration Issues Temporary Visas

Visa Applications for Same-Sex Spouses at the U.S. Embassy and Consulates in China

In an historic ruling, the U.S. Supreme Court has held that same-sex spouses are eligible for the same federal benefits—including immigration benefits—as heterosexual spouses. (I’ve blogged about it here.) Now, I’d like to explore what this means specifically for those applying for immigration benefits at the U.S. Embassy in Beijing and the U.S. Consulates in China…

Categories
Family Immigration Form I-130, Petition for Alien Relative

Immigrant Widows Left in Limbo

Everybody loves a love story – everybody it seems, except the U.S. Citizenship and Immigration Services. In our post-9/11 world, immigration has become increasingly tough on, of all groups, widows. A foreigner who marries a U.S. citizen is entitled to become a U.S. resident. But as CBS’ 60 Minutes reports, USCIS wants to deport several…

Categories
Employment-Based Immigration Family Immigration Form I-130, Petition for Alien Relative H-1B Visa (Specialty Occupation) L-1 Visa (Intracompany Transfer) Temporary Visas

Update: Consular Recommendations to Revoke Visa Petitions

Our law firm is often retained to represent clients where a U.S. Consulate has returned the visa petition to USCIS to consider revocation. This process is slower and less transparent than it should be. Still, this update explains that recently there have been some minor improvements in the process. These improvements were mentioned by Jonathan…

Categories
Family Immigration Form I-130, Petition for Alien Relative

USCIS Beijing Office Refuses to Accept Fathers’ Visa Petitions

Today was the fourth time in four years that U.S. citizen fathers have told me that the Beijing office of U.S. Citizenship and Immigration Services (USCIS) has refused to accept immigrant visa petitions (Forms I-130) on behalf of their children. On all four occassions, USCIS stated reason for the refusal was that the fathers failed…

Categories
Family Immigration Form I-130, Petition for Alien Relative

Don’t Be Misled by the USCIS Instructions for Form I-130, Petition for Alien Relative

From: Gary Chodorow Sent: Tuesday, April 01, 2008 8:06 PM To: uscis.webmaster@dhs.gov Subject: Message from a Nitpicky Lawyer Dear USCIS Communications Office: I’ve read your recent announcement that “[e]ffective immediately, all petitioners filing stand-alone Form I-130s [Petitions for Alien Relatives] must file their petitions with the Chicago Lockbox (emphasis added). USCIS Press Room, USCIS Revising…