Categories
Family Immigration

Latest News: Chaos in Implementing the USCIS/DOS Public Charge Rules and Presidential Proclamation Requiring Health Insurance

President Trump and an adviser, Stephen Miller, have cooked up new public charge rules, subsequently issued by U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS), as well as a Presidential Proclamation requiring immigrant visa applicants to buy health insurance. Implementation has been chaotic, and these rules have been challenged in […]

Categories
Family Immigration Temporary Visas

K-1 Fiancé(e) Visa Guide

This article covers the requirements and procedures to apply for a K-1 visa, as well as the terms and conditions of K-1 status. Also covered are the rules for the fiancé(e)’s unmarried children under age 21 to apply for K-2 visas.

Categories
Family Immigration

Guide to Form I-751, Petition to Remove Conditions on Residence

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.

Categories
Family Immigration Waivers / Visa Denials

First Impression: Presidential Proclamation Barring Immigrants Lacking Health Insurance

This is my first impressions of President Trump’s Oct. 4 proclamation barring issuance of immigrant visas to applicants with no “approved” health insurance.

Categories
Family Immigration

Choosing the Best Visa Strategy for a Fiancée or Spouse: K-1, K-3, or CR1/IR1 Immigrant Visa?

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 […]

Categories
Family Immigration

Top 11 Ways to Prove a Valid Marriage for Immigration

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 […]

Categories
Employment-Based Immigration Family Immigration Temporary Visas Waivers / Visa Denials

New DHS Public Charge Rule

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 […]

Categories
Employment-Based Immigration Family Immigration Maintaining LPR Status During Stays Abroad Naturalization and Citizenship Temporary Visas Uncategorized Waivers / Visa Denials

Making a Congressional Inquiry for Help 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), if you are having problems with your case.

Categories
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.

Categories
Family Immigration Temporary Visas Waivers / Visa Denials

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.

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
Employment-Based Immigration Family Immigration

What Type of China Birth Certificate Is Required for U.S. Immigration?

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.

Categories
Family Immigration

Form I-864, Affidavit of Support: Help Center

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.

Categories
Family Immigration

Getting Married in China: a Guide for U.S. Citizens

This article gives an overview of the requirements and procedures for foreign-related marriages in China. Local requirements and procedures may vary, so contact local authorities to confirm.

Categories
Family Immigration Waivers / Visa Denials

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 […]

Categories
Family Immigration Waivers / Visa Denials

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 […]

Categories
Family Immigration Temporary Visas

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 […]

Categories
Employment-Based Immigration Family Immigration Uncategorized

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.

Categories
Expeditious Naturalization for Spouse of U.S. Citizen Employed Abroad Family Immigration Temporary Visas

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 […]

Categories
Family Immigration Temporary Visas Waivers / Visa Denials

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: