ContentsSummaryMethodologyTable 1: Processing Times for standalone I-130s for immediate relatives and I-129FsTable 2: Numbers of 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 Forms I-129F… Continue reading USCIS Processing Times for I-130s and I-129Fs Remain Stubbornly High
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
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?
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)
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
In recognition of the fact that current lockdowns in Shanghai may prevent individuals from getting a pre-departure COVID-19 test, the Centers for Disease Control and Prevention (CDC) has announced that effective immediately the test requirement is waived for U.S. citizens; U.S. nationals, lawful permanent residents (LPRs); noncitizens in possession of a valid U.S. immigrant visa;… Continue reading Pre-Flight COVID Test Temporarily Waived for Shanghai Departures
On Apr. 7, 2022, USCIS updated its guidance regarding the circumstances under which an interview can be waived for Form I-751, Petition to Remove Conditions on Residence. Per the updated policy, USCIS officers may consider waiving an interview if: the record contains sufficient evidence that the marriage was bona fide, not entered into for the… Continue reading USCIS Expands Interview Waivers for I-751s
ContentsOverviewCovered Nonimmigrants and ExceptionsCOVID-19 Vaccination RequirementNote on Unapproved Chinese VaccinationsProof of Vaccination Overview Persons seeking to enter the U.S. by air as nonimmigrants are required to show proof of being fully vaccinated against COVID-19, according to an Oct. 24, 2021, Presidential Proclamation and a CDC Order, which was amended effective Apr. 14, 2022. This is… Continue reading COVID Vaccination Requirements for Nonimmigrants
Shanghai Due to local health control measures, the visa unit at the U.S. Consulate in Shanghai is currently closed. They expect to remain closed until the lockdown is lifted, according to ustraveldocs.com. The United States has no higher priority than the safety and security of U.S. citizens overseas, including Mission China’s personnel and their families. On… Continue reading U.S. Consulates in Shanghai and Shenyang Temporarily Closed (Updated)
I recently wrote about how USCIS processing times for family-sponsored immigration, which increased during the Trump administration, remain stubbornly high. For example, adjudication of a Form I-130, Petition for Alien Relative, on behalf of a citizen’s spouse or child, can take up to 16 months. And that’s just the first of multiple steps for the… Continue reading USCIS Announces New Cycle Time Goals
A Texas federal judge has found to be true allegations of visa fraud by ZTE, a partially state-owned Chinese telecommunications and information technology company. Judge Ed Kindeade’s findings were made in the context of a hearing on whether to revoke ZTE’s probation for violating Iran sanctions. ZTE was on probation after pleading guilty in 2017… Continue reading ZTE Visa Fraud Allegations Found Credible by Texas Federal Judge
The State Department announced on March 17 that a U.S. citizen who is physically present overseas with Afghan, Ethiopian, or Ukrainian immediate family members may ask to file a Form I-130, Petition for Alien Relative, at the nearest U.S. embassy or consulate that processes immigrant visas. This is an exception to the general rule that… Continue reading U.S. Expats Can File I-130s Abroad for Afghan, Ethiopian, and Ukranian Immediate Relatives
The USCIS Albuquerque Field Office provided the following updates during the Mar. 17, 2022, stakeholder meeting. Processing Times for Form I-485, Application to Adjust Status January: 11.01 average months, 185 cases adjudicated February: 9.7 average months, 203 cases adjudicated March: 11.67 average months, 55 cases adjudicated to date Some cases have experienced delays because the… Continue reading USCIS Albuquerque Field Office Updates
This article summarizes the U.S. government’s visa sanctions targeting specific Chinese individuals, companies, and institutions.
ContentsBackground InformationNote on Unobtainable Police CertificatesGetting a Quote from Our Law FirmWe Can Assist NationwideClient TestimonialsFurther Reading Our law firm routinely assists clients in obtaining China police certificates for purposes such as immigration (to the United States, Canada, Australia, New Zealand, and other countries) or employment background checks. Our clients include foreign nationals, including former… Continue reading China Police Certificates
ContentsKey PointsTranslationChapter I. General ProvisionsChapter II. Application and AcceptanceChapter III. Inquiry and NotificationChapter IV. Objections and ComplaintsChapter V. Legal ResponsibilitiesChapter VI. Supplementary Provisions Attachments Our law firm has a team that helps foreigners and residents of Hong Kong, Macau, and Taiwan apply for mainland China police certificates, also known as certificates of no criminal conviction… Continue reading New Police Certificate Rules Issued by China’s Ministry of Public Security
Contents1. Introduction1.1 Choosing Between Adjustment and Consular Processing1.2 Rights and Obligations of Permanent Residents2. Requirements2.1 Physical Presence in the U.S.2.2 Eligibility to Receive an Immigrant VisaConcurrent FilingTermination or Revocation of Visa PetitionDerivative Family Members2.3 Visa Availability Requirement2.4 Not “Restricted”The Section 245(i) Exception to “Restricted” Foreign NationalsThe Section 245(k) Exception to “Restricted” Foreign Nationals2.5 Not “Ineligible”2.6… Continue reading Guide to the Form I-485, Application to Adjust Status
Contents1. Introduction1.1 Scope of This Guide1.2 Derivative BeneficiariesWhat is a Derivative Beneficiary?Should an LPR File a Separate I-130 for a Child?1.3 Conditional Resident Status1.4 Preference Categories, State Department and USCIS Classifications2. Requirements: I-130 for Spouse2.1 The Petitioner Must Be a U.S. Citizen or LPR2.2 The Petitioner Must Not Have Been Convicted of Specified Offenses against… Continue reading Guide to Form I-130, Petition for Alien Relative
ContentsFacts and AmbiguitiesIs Eileen an American Citizen?Is Eileen a Chinese Citizen?Conclusion Eileen Gu (谷爱凌) is a Chinese-American freestyle skier competing in three events at the Winter Olympics in Beijing: halfpipe, slopestyle, and big air. At the same time, the San Francisco native is the subject of intense controversy for switching from the U.S. to China’s… Continue reading Eileen Gu: What’s the Deal with Her Nationality?
Certain classes of naturalization applicants are eligible to count time residing abroad towards meeting the requirement of “continuous residence” in the United States. The table below serves as a quick reference guide on certain “continuous residence” and “physical presence” provisions for persons residing abroad under qualifying employment. Employer or Vocation Provision Continuous Residence Physical Presence… Continue reading Form N-470, Application to Preserve Residence for Naturalization Purposes