Immigrant Visas for Spouse / Fiancee / Child Visas

8 08, 2018

Trump Administration Looking Into Penalizing Immigrants Receiving Public Benefits

By |2020-05-01T16:15:33-05:00August 8th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, immigration reform, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published August 8, 2018   “Public Charge” provisions have been a part of our nation’s immigration laws for more than a century, thus the reason all family based immigration applicants are required to have a financial sponsor who provide an “Affidavit of Support” to guarantee the new immigrant will not become dependent on certain government benefits.   In sum, foreign nationals who are deemed likely to become a “public charge” are “inadmissible” under U.S. immigration law and ineligible for permanent residence (green card).  The Trump Administration is now considering the implementation of new and expansive rules penalizing lawful immigrants who avail of […]

12 07, 2018

US CIS Now More Active in Placing Denied Applicants in Removal Proceedings

By |2020-05-01T16:20:58-05:00July 12th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published July 11, 2018     Under a new policy guidance memo released by U.S. Citizenship and Immigration Services (US CIS) earlier this month, the agency will now be taking a more active role in initiating removal proceedings against denied applicants.     Applicants for permanent residence, naturalization, change of status or other immigration benefits now will be more vulnerable to being placed in removal proceedings if they are deemed ineligible for the benefit sought and are in the U.S. in violation of immigration laws. Pursuant to the new guidance, US CIS is required to issue a Notice to Appear (NTA) – the […]

6 02, 2018

Chicago Based Applicants for Green Cards and Citizenship: DHS/CIS Processing Times

By |2020-05-01T17:07:51-05:00February 6th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S.|

Published February 6, 2018   Marriage based adjustment of status applicants living in CIS Chicago’s jurisdiction are seeing an approximately 7-8 month wait to be scheduled for an interview.  Applicants for Naturalization (N-400) under CIS Chicago’s jurisdiction are being scheduled within approximately 8-10 months of application filing, and an oath ceremony, for approved cases, usually being scheduled 3 weeks or so following interview. At present the timeline for marriage based I-485 adjustment of status applicants — assuming all applications and supporting documentation are prepared and submitted correctly, is as follows: Dept. of Homeland Security/Citizenship and Immigration Services receipts are issued within 1 to […]

28 11, 2017

Update: Green Card Interviews for Marriage Based Applicants, Including for Same Sex Partners

By |2020-05-01T17:22:18-05:00November 28th, 2017|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Undocumented Immigrants and Workers in the U.S.|

Published November 28, 2017     A foreign national applying for permanent resident status by way of marriage to a U.S. citizen, continues to enjoy a mostly efficient and streamlined process, especially if they undergo all steps in the U.S. as an “adjustment of status” applicant.  For most eligible foreign nationals present in the U.S., whether in legal status or not, adjustment of status processing for permanent resident status at their local Department of Homeland Security/Citizenship and Immigration Services office (DHS/CIS) is usually preferable to overseas immigrant visa processing at a U.S. consular post.  For various reasons though, not all individuals […]

6 06, 2017

When Will CIS Expedite Processing of your Petition or Application? AND New Vetting Procedures in Place for Visa Applicants

By |2020-05-01T18:05:12-05:00June 6th, 2017|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Uncategorized, United States Embassies Abroad|

Published June 6, 2017   These days, with processing times for various petitions and applications getting longer, it is important to be aware that U.S. Department of Homeland Security/Citizenship and Immigration Services (CIS) will entertain and grant expedite requests under a variety of circumstances.   Firstly, there are a line of employment based petitions where CIS, for an additional “premium processing” fee, will review the filing and issue a decision in as little as 7-14 days.   The additional fee is $1,225.00, and that amount is on top of base filing fee at issue.   CIS offers this option for the processing of the vast […]

25 04, 2017

A New Look for Green Cards and Employment Authorization Documents

By |2020-05-01T18:12:05-05:00April 25th, 2017|Categories: Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Uncategorized|

Published April 25, 2017   Toward enhancing security and combatting document fraud, U.S. Department of Homeland Security will begin issuing a newly redesigned Permanent Resident Card (“Green Card”) and Employment Authorization Document (“EAD”) starting May 1, 2017.  Green Cards and EADs issued prior to the release of the new versions will continue to be honored throughout their validity period.    The new documents will feature the individual’s photos on both sides along with unique graphics, color schemes and embedded holographic images.   Green Cards will feature the image of the Statue of Liberty and a mainly green color scheme.  EADs will include […]

21 03, 2017

Applying for U.S. Citizenship: The Top 4 Things That Matter

By |2020-05-01T18:20:10-05:00March 21st, 2017|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

Published March 21, 2017   To be sure, a foreign national residing in the U.S. as a lawful permanent resident (aka “green card” holder) is not required to apply for U.S. citizenship.   That is, for whatever reasons or no reason, a green card holder has the option of living the rest of their life in the U.S. without seeking U.S. citizenship.    Of course there are downsides to such a decision, such as having to renew a green card every 10 years, not having the right to vote, and having limits on the type of immigration petitions you can file on […]

23 11, 2016

FILE BEFORE DECEMBER 23, 2016 TO AVOID IMMIGRATION FILING FEE INCREASES

By |2016-11-23T08:52:15-06:00November 23rd, 2016|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B|

Published November 23, 2016   As of December 23, 2016, and for the first time in six years, a filing fee increase for certain immigration applications or petitions is set to take effect.  The operations of Citizenship and Immigration Services is almost entirely funded by the filing fees it receives to process applications for the various immigration benefits offered.   This filing fee increase has nothing to do with the recent election and the plan to implement this increase has been in the works for many months.    The chart below is the list of old and new filing fees.  Applications and […]

8 08, 2016

Expansion of Stateside “Provisional” Waiver Program

By |2016-08-08T05:35:45-05:00August 8th, 2016|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and PERM / Labor Certification, Lawful Permanent Residence in the U.S., Undocumented Immigrants and Workers in the U.S.|

Published August 8, 2016   Back in 2013, the US Department of Homeland Security/Citizenship and Immigration Services first implemented a “stateside” I-601A Waiver program, an initiative allowing for the processing a “waiver of inadmissibility” for certain green card applicants who under current law, are not eligible to adjust their status and undergo final green card processing in the U.S.    Under the system previously in place, such applicants were required to depart the U.S. to their home country for a period of many months and appear for their final immigrant visa (green card) interview before a consular officer outside the U.S. and await a decision on […]

25 07, 2016

For Those Who Entered the U.S. Under a False Identity and Now Want a Green Card

By |2016-07-25T19:13:52-05:00July 25th, 2016|Categories: Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, General, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Published July 25, 2016 Foreign nationals who enter the U.S. under a false identity or assumed name usually do so because conventional legal avenues to gain entry are not available to them.  From what I have witnessed, the assumed name entrant is typically motivated by a desire to achieve a better life in terms of work and freedom, a life that would otherwise not be available but for their taking action to enter under a false identity and/or fabricated visa application.  For a variety of reasons though, no visa is within reach, whether it be as a B-1/B-2 visitor for pleasure/business, F-1 […]

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