Form I-864, Affidavit of Support: What if the Petitioner Dies?

cloudsUnfortunately, 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. Continue reading “Form I-864, Affidavit of Support: What if the Petitioner Dies?”

Dear USCIS: Digitize the Form I-864, Affidavit of Support, Please

PaperShuffleThe Washington Post reports that the U.S. Citizenship an Immigration Services has spent more than $1 billion trying to replace its antiquated paper-based approach to managing immigration with a system of online forms. But a decade in, all that officials have to show for the effort is a single online form (I-90, used for renewing or replacing green cards). The other 94 forms can be filed only on paper. Continue reading “Dear USCIS: Digitize the Form I-864, Affidavit of Support, Please”

Must an Immigrant Visa Applicant Intend to Live in the U.S. Permanently?

movingClients often ask whether to qualify for an immigrant visa (i.e., a green card) they must intend to move to the U.S. permanently. Take, for example, a father who owns a business in China. Can he apply for an EB-5 investor green card so that his teenage son can accompany him to the U.S., even if the father doesn’t intend to reside there? Continue reading “Must an Immigrant Visa Applicant Intend to Live in the U.S. Permanently?”

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

ExpatHere’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 my study, and it is hard for me to go back to the U.S. just to file the forms. Continue reading “Issues for U.S. Expats Filing a Form I-130, Immigrant Petition for Alien Relative”

Why Aren’t Immigrant Visas Issued at the U.S. Embassy in Beijing?

New U.S. Embassy in BeijingCurrently, only nonimmigrant visas (NIVs) are issued by the U.S. Embassy in Beijing. Guangzhou is the only U.S. consular post in China that issues immigrant visas (IVs). Why?

The decision to stop issuing immigrant visas in Beijing was explained during a 1989 interview by Elizabeth Raspolic, Consul General at the U.S. Embassy in Beijing from 1986 to 1988: Continue reading “Why Aren’t Immigrant Visas Issued at the U.S. Embassy in Beijing?”

Supreme Court to Decide: Must Consulate Tell U.S. Citizen Why Her Husband’s Visa Was Denied? (Kerry v. Din)

supreme_courtTo the excitement of immigration nerds everywhere, the Supreme Court granted certiorari in Kerry v. Din on Oct. 2. In agreeing to hear this case, the Court will be faced with the issue of whether a U.S. citizen’s constitutional rights are violated where a consular officer refuses to issue a visa to her husband without explaining the reason why. Continue reading “Supreme Court to Decide: Must Consulate Tell U.S. Citizen Why Her Husband’s Visa Was Denied? (Kerry v. Din)”

Computer Crash Hobbles U.S. Visa, Passport Operations in China (Aug. 10 Update)

errorDue to technical problems, the U.S. State Department is experiencing delays worldwide in visa and passport issuance. Visa applicants should be prepared for delays between their interviews and visa issuance. The glitch is with the Consular Consolidated Database (CCD), which is used by the Department to ensure security checks are conducted prior to approving, recording, and printing visas and passports. Continue reading “Computer Crash Hobbles U.S. Visa, Passport Operations in China (Aug. 10 Update)”

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 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”

USCIS Processing Times for Immediate Relative I-130s Improving

USCIS-processing-times-1038USCIS delays in adjudicating “stand-alone” Forms I-130, Petitions for Alien Relatives, on behalf of immediate relatives have been widely criticized. Processing times peaked in November 2013. USCIS claimed processing times were about 9 months, but the New York Times claimed they had reached 15 months. In November 2013, USCIS promised “concerted efforts” to bring down processing times. And as of now, USCIS is reporting processing times have been brought back into control. They’re at 5 to 6+ months depending on the USCIS office. That’s approaching USCIS’ 5-month goal. Continue reading “USCIS Processing Times for Immediate Relative I-130s Improving”