Congress created the K-1 fiancé(e) visa in 1970 out of recognition that the existing visa options for couples were insufficient. One option was for the U.S. citizen to go abroad to marry, after which the foreign spouse could apply for an immigrant visa on the basis of the marriage. Another option was for the foreign fiancé(e) to obtain a B-2 (visitor for pleasure) visa to come to the U.S. to marry, but an important limitation is that B2 visas are only available if the foreign fiancé(e) does not intend to immigrate to the U.S. In creating the K-1 visa option, Congress sought to create a method for a foreign fiancé(e) to enter the U.S for purposes of marriage and immigration.
Most applicants for naturalization must first reside in the U.S. as a lawful permanent resident for a continuous period of 5 years. However, that requirement can be waived if you are eligible for expeditious naturalization based on your U.S. citizen spouse’s employment abroad for one of the following types of employers: Continue reading “See if You Are Eligible for Expeditious Naturalization”
A spouse who immigrates based on marriage to a U.S. citizen or lawful permanent resident will be granted conditional resident (CR) status if, at the time of admission as an immigrant, the marriage is less than two years old.
USCIS has announced that a new “travel document” will replace reentry permits and refugee travel documents. The USCIS’ purpose is to have a document more secure against tampering, counterfeiting, and fraud. The new document went into production on Oct. 24, 2019.
On October 8, the U.S. State Department announced visa restrictions on Chinese government and Communist Party officials responsible for, or complicit in, repression of Uighurs and other Muslim minority groups in the Xinjiang region.
For the uninitiated, “administrative processing” is State Department-speak for a temporary visa refusal pending further investigation of a visa application. (9 FAM Appendix E, 404). The applicant typically learns of the temporary refusal when, at the conclusion of the interview, the consular officer issues a written notice stating that under section 221(g) of the Immigration and Nationality Act no visa can be issued until additional administrative processing has been completed.
The U.S. Consulate in Shanghai advised on Fri. Aug. 30 that:
Due to network issues, the consular section of the U.S. Consulate General in Shanghai is experiencing interruption to a range of consular services. We are working … to … restore … services…. We will not be scheduling new interview appointments until this issue is resolved.
A U.S. citizen planning to file a visa petition for a foreign fiancée or spouse who is outside the U.S. may have various strategies to choose from. The most common options are the K-1 fiancée visa, the K-3 visa, and the CR1/IR1 immigrant visa. This article analyzes the factors to be considered in choosing among such strategies. (The article does not discuss less commonly used strategies for foreign fiancées and spouses, such as applying for an H-1B or L-1 work visa).
Do you have an immigration case which will require you to prove the validity of your marital relationship to the U.S. Citizenship and Immigration Services or to a U.S. Consulate? For example, are you seeking to (a) immigrate based on a spouse’s Form I-130, Petition for Alien Relative, (b) get a K-1 visa based on a fiance’s Form I-129F, Petition for Alien Fiance, or (c) file a Form I-751, Petition to Remove the Conditions on Residence? This article describes 11 things you can do to better document your relationship. Continue reading “Top 11 Ways to Prove a Valid Marriage for Immigration”
Did you think the Cold War was over? The U.S. Immigration and Nationality Act still makes ineligible for permanent residence and citizenship certain persons who have been members of or affiliated with the Communist Party. The Chinese Communist Party (CCP) has some 80 million members, so this ground of ineligibility is a key issue for immigration lawyers representing Chinese clients.
On August 14, 2019, the U.S. Department of Homeland Security (DHS) published a final rule governing the public charge grounds of inadmissibility, found at section 212(a)(4) of the Immigration and Nationality Act (INA). Unless litigation halts implementation of the rule, it will go into effect after 60 days, on October 15, 2019. Here is a summary, which is based in large part on information provided by the American Immigration Lawyers’ Association (AILA).
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), if you are having problems with your case.
The below July 26, 2019, press release is from U.S. Immigration and Customs Enforcement. Huang Weiyun has been indicted on allegations that, among other things, she sold letters falsely verifying that F-1 students were eligible for optional practical training (OPT) based on employment with her company, Findream LLC.
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.
If you were born in Mainland China and are applying for a U.S. green card, you will need to submit a 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.