ContentsSummaryMethodologyTable 1: Processing Times for standalone I-130s for immediate relatives and I-129FsTable 2: Numbers of immediate relative I-130s received, approved, denied, and pending at each service center Summary This article focuses on processing times for Forms I-130 (Petitions for Alien Relatives) on behalf of immediate relatives (i.e., spouses, parents, and children under age 21) and… Continue reading USCIS Processing Times for I-130s and I-129Fs Remain Stubbornly High
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.
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.
Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship
Did you think the Cold War was over? The U.S. Immigration and Nationality Act still makes inadmissible (i.e., 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… Continue reading Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship
USCIS to Deliver Some ADIT Stamps by Mail
Some lawful permanent residents (LPRs) may receive temporary evidence of their lawful permanent resident status by mail rather than physically visiting a field office, USCIS announced on Mar. 16, 2023. This evidence is in the form of an Alien Documentation, Identification and Telecommunication (ADIT) stamp, also known as an I-551 stamp). An ADIT stamp’s validity… Continue reading USCIS to Deliver Some ADIT Stamps by Mail
CDC Rescinds COVID Test Requriement for Air Travelers from China
Effective Mar. 10, 2023, the U.S. Centers for Disease Control (CDC) has rescinded the order requiring a negative COVID-19 test result for all travelers to the United States on flights originating in China. Effective January 5, at 12:01 ET, the U.S. Centers for Disease Control and Prevention (CDC) will require a negative COVID-19 test result (taken… Continue reading CDC Rescinds COVID Test Requriement for Air Travelers from China
U.S. Consular Services in China Resuming in Part
The U.S. Mission in China announced on Dec. 27 that Consular Sections at the U.S. Embassy in Beijing, and Consulates Guangzhou and Shenyang will resume routine consular services on January 3. Consulate General Wuhan has resumed providing limited U.S. citizen services. Shanghai will continue operating in emergency operations status until further notice. Please note that… Continue reading U.S. Consular Services in China Resuming in Part
New U.S. Bridge Visa Foil
The U.S. has begun issuing a new “Bridge” visa foil for immigrant and nonimmigrant visas. It depicts the Golden Gate Bridge, which links San Francisco’s Presidio to the Marin headlands and is easily identified by its orange color. The “Bridge” visa foil replaces the “Lincoln” visa foil currently in use by consular posts worldwide. It will be… Continue reading New U.S. Bridge Visa Foil
Shanghai COVID Restrictions Impacting Local U.S. Consulate Services
In response to outbreaks of COVID-19 throughout the People’s Republic of China, Shanghai city officials recently implemented guidelines and changes to the local health code which may limit movement and interrupt plans for U.S. Consulate-provided routine services for U.S. citizens and U.S. visa applicants.
Utah Marriage Over Zoom Is Valid for Immigration Purposes
Generally speaking, a proxy marriage is a wedding in which one or both of the individuals being united are not in the physical presence of the officiant. An absent party may be represented by another person (“proxy”). Historically, some reasons for proxy marriage have included separation due to military service, imprisonment, or travel restrictions; or when a couple… Continue reading Utah Marriage Over Zoom Is Valid for Immigration Purposes
SHI Jianxiang, Wanted in China, Convicted of U.S. Visa Fraud
A fugitive Chinese businessman was sentenced Friday to one year in prison after he was convicted on two counts of visa fraud for hiding a Marshall Islands passport he held under another name. See Carolina Bolado, Wanted Chinese Businessman Gets One Year for Visa Fraud, Law360 (Oct. 14, 2022) (subscription only). U.S. District Judge Darrin P. Gayles sentenced SHI Jianxiang Shi to 12 months… Continue reading SHI Jianxiang, Wanted in China, Convicted of U.S. Visa Fraud
Expeditious Naturalization under Section 319(b) for Spouses of U.S. Citizens Employed Abroad
Are you considering applying for expeditious naturalization as the spouse of a U.S. citizen employed abroad by a U.S. company, the U.S. government, an international organization, a research institution, or a religious organization? Chodorow Law Offices can help:
Visas for Parents to Accompany F-1 Student to the U.S.
The B-2 (visitor for pleasure) visa is as flexible as a world-class gymnast. The State Department has announced that a B-2 visa may be used by parents to accompany a minor with an F-1 (student) visa to the U.S. As background, its well known that an F-1 student’s spouse and children (under age 21) can get… Continue reading Visas for Parents to Accompany F-1 Student to the U.S.
China Won’t Cooperate in Repatriating Deportees in Wake of Pelosi’s Taiwan Visit
There is nothing new about U.S. complaints regarding China’s lack of cooperation in repatriating its citizens who have been ordered deported. Nevertheless, China’s Ministry of Foreign Affairs has suspended cooperation in such cases in retaliation for the visit by Speaker of the House of Representatives Nancy Pelosi’s visit to Taiwan. China also canceled other efforts… Continue reading China Won’t Cooperate in Repatriating Deportees in Wake of Pelosi’s Taiwan Visit
COVID Vaccination Requirements for Nonimmigrants
Persons seeking to enter the U.S. by air as nonimmigrants are required to show proof of being fully vaccinated against COVID-19.
Can I Enter the U.S. as a Visitor Then File a Form I-485, Application to Adjust Status?
Can you enter the U.S. as a visitor, then become a lawful permanent resident (LPR), i.e., green card holder, by filing with U.S. Citizenship and Immigration Services (USCIS) a Form I-485, Application to Adjust Status, instead of waiting abroad for an immigrant visa appointment?
U.S. Drops COVID Testing for Incoming Air Travelers
The U.S. Centers for Disease Control is canceling the requirement that incoming air travelers to the U.S. (both citizens and foreign nationals) must present to the airlines evidence of completion of a COVID test taken within 1 day. That requirement was initially put into place Jan. 26, 2021, and revised Dec. 7, 2021. Read more… Continue reading U.S. Drops COVID Testing for Incoming Air Travelers
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… Continue reading Choosing the Best Visa Strategy for a Fiancée or Spouse: K-1, K-3, or CR1/IR1 Immigrant Visa?
Translation: Notary Department of the Ministry of Justice of the People’s Republic of China, Notice Regarding Handling Certificates of No Criminal Conviction for Foreigners’ Periods of Residence in China (1990)
What follows is an unofficial translation of the Notary Department of the Ministry of Justice of the People’s Republic of China, Notice Regarding Handling Certificates of No Criminal Conviction for Foreigners’ Periods of Residence in China (关于办理外国公民在华居住期间是否受过刑事制裁证明的通知), Dept. Doc. No. 55 (May 15, 1990), available at China Court Laws and Regulations Index, http://fgcx.bjcourt.gov.cn:4601/law?fn=chl341s663.txt&truetag=2&titles=&contents=&dbt=chl. Title: Notice… Continue reading Translation: Notary Department of the Ministry of Justice of the People’s Republic of China, Notice Regarding Handling Certificates of No Criminal Conviction for Foreigners’ Periods of Residence in China (1990)
EAD Renewal Still Pending? 540-Day Automatic Extension
U.S. Citizenship and Immigration Services (USCIS) is experiencing significant delays renewing employment authorization documents (EADs). To prevent a lapse in employment authorization in these circumstances, upon filing a Form I-765, Application for Employment Authorization, the automatic extension of employment authorization is being increased to 540 days. Previous regulations provided that upon filing a Form I-765… Continue reading EAD Renewal Still Pending? 540-Day Automatic Extension