If you are having problems with your immigration case, a member of the U.S. Congress may be willing to inquire with a Federal immigration agency, such as U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) on your behalf.
Category: Family Immigration
Why Are USCIS Processing Times Increasing for Forms I-130, Petitions for Alien Relatives?
USCIS admits that processing times for I-130s for immediate relatives are skyrocketing. Here’s what their historic data shows: FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 (up to Mar. 31) 6.1 mo. 6 mo. 7.7 mo. 9.7 mo. 10.3 mo.
New Social Media Question on Visa Application Forms
On May 31, 2019, the U.S. State Department updated its immigrant and nonimmigrant visa application forms to request social media usernames from most immigrant and nonimmigrant visa applicants worldwide.
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… Continue reading Issues for U.S. Expats Filing a Form I-130, Immigrant Petition for Alien Relative
China Birth Certificate: What Is Needed for U.S. Immigration Purposes?
If you were born in Mainland China and are applying for a U.S. green card, you will need to submit a notarial China birth certificate. That’s true regardless of whether you are filing a Form I-485 (Application to Adjust Status) with USCIS or are applying for an immigrant visa at a U.S. consulate abroad.
The Proposed Changes to Public Charge: What You Need to Know
Over the weekend, the Trump administration took steps to radically transform a little-known provision of immigration law that could have an outsized impact on legal immigration. In proposed regulations posted on Saturday, the Department of Homeland Security (DHS) indicated that it would redefine the legal term “public charge” to block green cards for low-income immigrants… Continue reading The Proposed Changes to Public Charge: What You Need to Know
Trump’s Proposed “Public Charge” Rule Intensifies War on Legal Immigrants
On September 22, 2018, the Trump administration announced the upcoming publication of a proposed rule that if implemented as written, would prevent immigrants from securing lawful permanent residence and remaining with their families in the United States, simply because at any time in the past, they received some type of basic health care support, nutrition… Continue reading Trump’s Proposed “Public Charge” Rule Intensifies War on Legal Immigrants
Can I Visit the U.S. While Waiting for My Immigrant Visa?
Here’s a question I’m often asked: I am married to a U.S. citizen. He has started the process for me to get a green card by filing a Form I-130, Petition for Alien Relative. Once it’s approved by USCIS, I will apply for an immigrant visa at the U.S. Embassy in my home country. Can… Continue reading Can I Visit the U.S. While Waiting for My Immigrant Visa?
How USCIS Calculates Processing Times for Petitions and Applications
There are backlogs in U.S. Citizenship and Immigration Services (USCIS) processing of applications and petitions. This leaves businesses and families to wonder what the processing times are. In March 2018, the agency began a pilot program to calculate processing times for some cases in a new way.
Applying for a B1/B2 (Visitor) Visa as the Spouse of a U.S. Expat
I’ve been asked several times today about how the spouse of a U.S. citizen expat can apply for a B1/B2 (visitor for business or pleasure) visa. The question typically goes something like this: I am a U.S. citizen. I have lived in China for 5 years. My wife has been denied a U.S. tourist visa… Continue reading Applying for a B1/B2 (Visitor) Visa as the Spouse of a U.S. Expat
Supreme Court Upholds Travel Ban 3.0
Today, the Supreme Court upheld the third, reengineered version of President Trump’s travel ban by a vote of 5 to 4. Anastasia Tonello, President of the American Immigration Lawyers Association (AILA) issued the following statement:
Americans Scrambling to Submit Immigrant Petitions for Relatives
Facing a proposed law that slashes family-based immigration, Americans are scrambling to law firms to petition for visas for loved ones abroad to come here. NPR reports that President Trump wants Congress to limit the number of family members who Americans can sponsor to join them in the United States. The proposal has caused panic in… Continue reading Americans Scrambling to Submit Immigrant Petitions for Relatives
Video: Tips for Your U.S. Visa Appointment
View on YouTube: https://youtu.be/T80jKsfxruY. This video is for you if you are a client of our law firm and the time for your visa appointment at a U.S. consular post is approaching. It’s an important moment for you. It’s also important to our law firm. This video provides tips to help you get ready. The… Continue reading Video: Tips for Your U.S. Visa Appointment
USCIS Filing Fees Increase
USCIS has issued a final rule increasing filing fees for most immigration applications and petitions. The new fees go into effect December 23, 2016. USCIS explains that fees are increasing “for the first time in six years, by a weighted average of 21 percent.”
Erler v. Erler: Enforcement of Form I-864, Affidavit of Support, Obligations
A wealthy real estate agent must pay to support his immigrant ex-wife per his Form I-864, Affidavit of Support, even though she is now living with and being supported by her adult son. That’s the ruling of the U.S. Court of Appeals for the Ninth Circuit in Erler v. Erler, 2016 U.S. App. LEXIS 10361 (9th Cir.… Continue reading Erler v. Erler: Enforcement of Form I-864, Affidavit of Support, Obligations
Special Considerations for Visa Processing at U.S. Consular Posts in China
Since our firm’s offices are in China, we are often asked by lawyers in the U.S. to work as local counsel for U.S. visa applications at the U.S. Consulates in Beijing, Guangzhou, Shanghai, Chengdu, and Shenyang. We make it our business to know each consulate’s policies, practices, and procedures. Here are the basic tips we give… Continue reading Special Considerations for Visa Processing at U.S. Consular Posts in China
Immigration Lawyer Arrested for Forging Forms I-864, Affidavits of Support
Immigration attorney Gnoleba Seri was arrested in Brooklyn, NY, on January 14 on charges of immigration fraud and aggravated identity theft for forging Forms I-864, Affidavits of Support.
USCIS Reviewing K-1 Fiancé(e) Visa Program in Wake of San Bernardino Shootings
The USCIS director tells lawmakers that the agency is reviewing the K-1 fiancé(e) visa program used by one of the attackers in San Bernardino, and that USCIS has been ordered to retroactively review such cases approved in recent years.
Is This a Thing? Advertising for an Affidavit of Support Joint Sponsor
I just came across this classified ad on Craigslist seeking a joint sponsor for the Form I-864, Affidavit of Support:
Form I-864, Affidavit of Support: What if the Petitioner Dies?
Unfortunately, there are occasions when a petitioner who has filed a Form I-130, Petition for Alien Relative, dies before their relatives immigrate. It may still be possible to complete the immigration process. This article discusses how death alters the normal requirement that the petitioner file a Form I-864, Affidavit of Support.