As an immigration lawyer, I’m writing with my first impressions of President Trump’s Oct. 4 proclamation barring issuance of immigrant visas to applicants with no “approved” health insurance.Continue reading “First Impression of Trump’s Presidential Proclamation Barring Immigrants Who Lack “Approved” Health Insurance”
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.Continue reading “U.S. Restricts Visas for Chinese Officials Responsible for Xinjiang Repression”
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.Continue reading ““Administrative Processing”: a Black Hole for Visa Applicants”
The U.S. Consulate in Shanghai advised on Fri. Aug. 30 that:
Continue reading “Interruption to U.S. Consulate in Shanghai Visa Services”
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).Continue reading “Choosing the Best Visa Strategy for a Fiancée or Spouse: K-1, K-3, or CR1/IR1 Immigrant 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”
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).Continue reading “New DHS Public Charge Rule”
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.Continue reading “Making a Congressional Inquiry for Help with Your Immigration 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.Continue reading “Findream LLC Operator Indicted for OPT-Related Scam”
What do you need to do to preserve your status as a lawful permanent resident (LPR)? If you are abroad for 6 months or more per year, you risk “abandoning” your green card. This is especially true after multiple prolonged absences or after a prior warning by a U.S. Customs and Border Protection (CBP) officer at the airport. Continue reading “Green Card Holders Staying Abroad Over 6 Months Risk Abandonment”
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.|
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.Continue reading “New Social Media Question on Visa Application Forms”
Looking for U.S.-China dual nationals who have recently flown China > Bangkok on a PRC passport and then transferred to a Bangkok > U.S. flight on a U.S. passport. Contact me if willing to discuss briefly, confidentially.
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.Continue reading “What Type of China Birth Certificate Is Required for U.S. Immigration?”
The rate of B (tourist and business visitor) visas refusals for Chinese nationals have been climbing since 2013 and stands at 17% as of 2018, according to the U.S. State Department.Continue reading “State Dep’t Statistics on B Visa Refusals for Chinese Nationals”
Welcome to the Affidavit of Support Help Center. If you feel that you need some help with the Form I-864, Affidavit of Support, you are not alone. Technical errors with the Form I-864 are among the most common reasons for denial of permanent residence applications.
May 3, 2019 Update: The U.S. District Court for the Middle District of North Carolina today issued a nationwide preliminary injunction that temporarily prevents the Department of Homeland Security (DHS) from enforcing the U.S. Citizenship and Immigration Services (USCIS) August 8, 2018 policy memo that sought to change how days of unlawful presence are counted following a violation of F, M, or J nonimmigrant status. The preliminary injunction temporarily halts enforcement of the 2018 policy while the underlying case, Guilford College v. McAleenan, is resolved.Continue reading “Students and Exchange Visitors Face Harsh New “Unlawful Presence” Rule from Trump Administration”
1.1 Scope of This Article
This article discusses the requirements and procedures for a child born abroad to automatically acquire U.S. citizenship at birth.
The law sets forth different requirements for U.S. citizenship depending on the following factors:Continue reading “Guide to Acquisition of U.S. Citizenship by Birth Abroad”
U.S. Citizenship and Immigration Services (USCIS) reminded its officers this week that violation of federal controlled substance law, including for marijuana, is still a basis for denying naturalization. This is true, even if such activity is not unlawful under applicable state or foreign law.Continue reading “Marijuana Use Still Can Lead to Denial of Naturalization”
H (temporary worker) and L (intracompany transferee) visa interviews in China will be consolidated in Beijing, Guangzhou, and Shanghai, the Embassy has announced:Continue reading “H and L Visa Appointments Will No Longer Be Held in Shenyang or Chengdu”