Immigrant Visas for Spouse / Fiancee / Child Visas

1 06, 2012

Gay Marriage and U.S. Immigration

By |2012-06-01T09:33:04-05:00June 1st, 2012|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), 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, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|Tags: , , , , , , |

Published: June 1, 2012 The momentum is unmistakable. State by state, our country is taking a serious look at the issue of gay marriage, with the volume of the local and national discussion only getting higher. Whether you believe same sex marriage is right or wrong, or should or should not be legalized, the issue certainly raises a multitude of questions on the rights of our gay population and the fairness of our current laws as applied to them. One such question involves the fairness of our immigration laws for individuals involved in same sex relationships. Should a heterosexual in the […]

1 04, 2012

Update on “Stateside” I-601 Waiver Processing

By |2012-04-01T14:03:48-05:00April 1st, 2012|Categories: Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, U.S. Immigration Law and Legislation|Tags: , , , |

Published: April 1, 2012 On March 30, 2012, US CIS published a proposed rule for the implementation of the “stateside” I-601 Waiver program. That does not mean the program is now in effect, just that the government has commenced the beginning steps toward implementation of the program, with some commentators expecting the rule to be implemented by the end of the calendar year. As previously discussed here, the proposed program would serve to streamline processing of certain applicants for permanent residence who under current law, must leave the US for an extended period for their final green card/ interview, and appear […]

12 01, 2012

Another New Immigration Proposal That Has Everyone Excited: I-601 Waiver Processing

By |2012-01-12T11:55:32-06:00January 12th, 2012|Categories: DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S., United States Embassies Abroad|Tags: , , , , , , |

Published: January 12, 2012 It never fails. Whenever a new immigration provision is presented to Congress for consideration, or is proposed by the President or some other official in the Executive Branch, the media takes the ball and runs with it. It’s either presented as something it is not, or simply misunderstood to be something it’s not. Either way, the US audience, ranging from the general American John Q. Public demographic to the vulnerable 12 million undocumented demographic, gets excited, in different ways, and for different reasons. Notably, this provision will impact only limited number of prospective applicants, applicants who are […]

9 11, 2011

Undocumented and Scammed

By |2011-11-09T15:18:57-06:00November 9th, 2011|Categories: Asylum in the United States, Employment-Based Immigration Law, Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, 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.|Tags: , , , , , , |

Published:  November 9, 2011 This column is as much a warning to prospective victims as it is a source of basic immigration law information – especially for the 12- 15 million individuals living in the U.S. without immigration status.  Why a warning?  Because no matter the intelligence level of the prospective victim, the combination of his vulnerable state and the scammer’s profit motive, leads to the formation of the perfect storm in which the undocumented individual gets swindled.  The swindlers are neighborhood “notaries” or consultants, as well as even a few established attorneys.  Compared to the honest attorney who will conduct […]

12 08, 2011

2011 Poverty Guidelines for Sponsors Completing Affidavits of Support

By |2011-08-12T12:32:53-05:00August 12th, 2011|Categories: Conditional Permanent Residence Based on Marriage, Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas|Tags: , , |

Published: August 12, 2011 Before intending family-based immigrants are issued their visa, or approved for adjustment of status, the petitioning U.S. family member or their joint co-sponsor will have to submit an I-864 Affidavit of Support (or acceptable I-864 variation) and most of the time, satisfy certain income requirements.  The most common exception is the option for a petitioner to prove their financial health by way of ownership of sizable liquid assets as evidenced by bank/brokerage account statements or real property appraisals. The income requirement applicable to most petitioners is 125% of the poverty level as determined by the U.S. Department […]

9 02, 2011

CIS Addresses Processing Delays for Certain I-130 Visa Petitions

By |2011-02-09T09:30:12-06:00February 9th, 2011|Categories: DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas|

Published: February 9, 2011 Adult U.S. citizens seeking to facilitate overseas immigrant visa processing for their spouse, under 21 year old children, or parents, have likely experienced delays in the processing of their I-130 visa petition filed with the California Service Center over the past few months.  That is because CIS California transferred the cases to the Texas Service Center thinking the staff power there would lead to quicker petition processing.  Well they were wrong and the cases apparently were not attended to, leading CIS officials to last week’s decision to have the vast majority of these petitions transferred back to […]

13 01, 2011

New CIS Guidance on Immigration Benefits for Surviving Relatives of Deceased Petitioners

By |2011-01-13T08:58:11-06:00January 13th, 2011|Categories: DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation|

Published: January 13, 2011 On October 28, 2009, President Obama signed into law important immigration provisions to address the unjust consequences of slow Citizenship and Immigration Services processing, particularly relating to widows and widowers of U.S. citizens. The law also includes ameliorative provisions relating to other types of family relationships and petitions; the death of a petitioning US family member or principal beneficiary will no longer necessarily deal a fatal blow to a pending case. With regard to this latter category of petitioners, however, significant questions have now been answered. Widows and Widowers of U.S. Citizens Benefit from New Liberal Provisions […]

17 11, 2010

Immigration Filing Fees to Increase on November 23, 2010

By |2010-11-17T14:00:45-06:00November 17th, 2010|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 Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation|

Published:November 17, 2010 Effective November 23, 2010, filing fees for most immigration applications and petitions are set to increase, on average, some 10-15%. On the other hand, filing fees for 6 categories of applications are actually set to be reduced, including for I-129F/Petition for Fiance, I-539/Application to Extend/Change Nonimmigrant Status, N-565 Application for Replacement Naturalization/Citizenship Document and I-131 – Application for Travel Document – but only when filed for Refugee Travel Document. Also, fee waivers based on an applicant’s economic hardship will be accepted in more types of application categories. Approximately 90% of U.S. Citizenship and Immigration Services’ budget comes from […]

20 10, 2010

Careful, Homeland Security May Want to “Friend” You

By |2010-10-20T11:16:17-05:00October 20th, 2010|Categories: 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, Lawful Permanent Residence in the U.S.|

Careful, Homeland Security May Want to “Friend” You Published: October 20, 2010 In recent years, government officials have increasingly been turning to high technology to gather information to assess marital relationships that are the basis of immigration filings, such as for green cards or expedited citizenship. From credit reports to utility bills, agents for the Department of Homeland Security, are tapping into the vast informational resources that flow freely from having an individual’s social security number in an effort to test claims that husband/wife immigration applicants are residing together and otherwise engaged in a bona fide relationship. Most recently the Department […]

15 08, 2010

Family 2A Preference Shows Major Progression

By |2010-08-15T05:58:25-05:00August 15th, 2010|Categories: Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S.|

Family 2A Preference Shows Major Progression Published: August 15, 2010 Each year, more than 100,000 immigrant visas are made available to foreign national spouses, and under 21 year old single children, of U.S. Lawful Permanent Residents (LPR). In recent years, it has taken anywhere from 3 to 5 years for an immigrant visa to become available in this family preference, although the underlying I-130 petition may get approved by a CIS Service Center in much less time. Earlier this month however, the U.S. Department of State released the Visa Bulletin for September, 2010, announcing that immigrant visas for the Family 2A […]

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