Immigrant Visas for Spouse / Fiancee / Child Visas

4 08, 2010

ATTENTION: Important Filing Locations to Change

By |2010-08-04T08:06:15-05:00August 4th, 2010|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and PERM / Labor Certification|

ATTENTION: Important Filing Locations to Change Published: August 4, 2010 CIS has announced new filing locations for a variety of petitions and applications, including: For I-129F – Petition for Alien Fiance – Now to be filed at: US CIS, P.O. Box 660151, Dallas, TX 75266 For I-140, Immigrant Petition for Alien Worker – Now to be filed at one of three locations, depending on the basis of the filing and/or proposed location of employment: a) US CIS P.O. Box 660867, Dallas, TX 75266 b) US CIS, Nebraska Service Center, P.O. Box 87140, Lincoln, NE 68501-7140 c) US CIS, Texas Service Center, […]

22 02, 2010

It Seems the K-3 Visa Has Become a Dinosaur

By |2010-02-22T11:00:04-06:00February 22nd, 2010|Categories: Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, U.S. Immigration Law and Legislation|

It Seems the K-3 Visa Has Become a Dinosaur Published: February 22, 2010 Frankly, I never understood the point of the K-3/K-4 visa, a temporary visa that allows overseas spouses and children of U.S. citizens to enter the U.S. while awaiting final processing of their I-130 immigrant visa petitions. Back when the K-3/K-4 visa was introduced, processing times for I-130 visa petitions for these family members was getting out of control, with delays stretching to almost a year. So, to remedy the problem, Congress invented the K-3/K-4, a new visa that would not be subject to the same delays, and would […]

16 12, 2009

CIR ASAP

By |2009-12-16T01:02:26-06:00December 16th, 2009|Categories: Amnesty for Immigrants in the U.S., Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

CIR ASAP Published: December 16, 2009 For about the tenth time in the past decade, I am writing about a new legislative initiative presented to allow for the legalization of the vast majority of those present in the U.S. in violation of our immigration laws. This time, the initiative is called Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (“CIR ASAP”). The measure was introduced before the U.S. House of Representatives on December 15, 2009 by Congressman Luis Gutierrez (D-IL), a lawmaker who has shown himself to be a leader in the comprehensive immigration reform movement. Gutierrez, like […]

2 12, 2009

New Immigration Legislation to Benefit Widow(er)s of U.S. Citizens and Other Surviving Family Members of Deceased Petitioners and Applicants; Significant Questions Remain

By |2009-12-02T12:59:47-06:00December 2nd, 2009|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, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation|

New Immigration Legislation to Benefit Widow(er)s of U.S. Citizens and Other Surviving Family Members of Deceased Petitioners and Applicants; Significant Questions Remain Published: December 2, 2009 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 […]

16 11, 2009

Public Benefits and Immigration

By |2009-11-16T13:05:29-06:00November 16th, 2009|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, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation|

Public Benefits and Immigration Published: November 16, 2009 In the past month, U.S. Citizenship and Immigration Services released a “Fact Sheet” outlining the law as it relates to a foreign national’s receipt of certain public benefits in the U.S. and the possible adverse consequences it might pose for his/her effort to become a U.S. permanent resident. In sum, the Fact Sheet makes clear that not all benefits will present adverse consequences, and that merely receiving a “need based” benefit will not, in and of itself, be a basis to deny an applicant their resident status. A “public charge” has been defined […]

31 08, 2009

CIS Issuing Approval Notices for Long Pending I-130 Petitions; Now What?

By |2009-08-31T13:42:01-05:00August 31st, 2009|Categories: Amnesty for Immigrants in the U.S., 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., U.S. Immigration Law and Legislation|

CIS Issuing Approval Notices for Long Pending I-130 Petitions; Now What? Published: August 31, 2009 In recent weeks, it appears Citizenship and Immigration Service Centers across the US have been making headway on their backlog of long pending visa petitions filed by US Citizens or Permanent Residents on behalf of their foreign-born family members both living in the US and abroad. Many of these US petitioners and their family are receiving official CIS “Notice(s) of Action” approving their I-130 petition(s), and of course the families are jubilant upon getting the news. But is jubilation warranted? Is a green card or immigrant […]

30 07, 2009

My Marriage is Falling Apart, and Our I-751 Joint Petition to Remove the Conditional Basis on My Resident Status is Still Pending — What Do I Do?

By |2009-07-30T15:21:58-05:00July 30th, 2009|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.|

My Marriage is Falling Apart, and Our I-751 Joint Petition to Remove the Conditional Basis on My Resident Status is Still Pending — What Do I Do? Published: July 30, 2009 When a foreign national is granted U.S. residence as a result of his marriage to a U.S. citizen, the permanent resident card (green card) is usually issued on a conditional basis, and valid for only two years. In other cases, where the marriage at issue has already reached its second anniversary by the time the foreign national is first approved for adjustment of status, or enters the U.S. on their […]

10 04, 2009

Immigrant Visas Unavailable for EB-3 Professionals, Skilled Workers and Unskilled Workers

By |2009-04-10T21:36:28-05:00April 10th, 2009|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, U.S. Immigration Law and Legislation|

Immigrant Visas Unavailable for EB-3 Professionals, Skilled Workers and Unskilled Workers Published: April 10, 2009 The State Department’s recently issued visa bulletin for May 2009 features bad news for all foreign workers in the Employment-Based 3rd Preference Category, which includes certain professionals, skilled workers and unskilled workers. For the remainder of the fiscal year – which runs through September 30, 2009 – immigrant visas for these workers will be unavailable. Apparently, the annual allotment for this immigrant visa category was used up earlier in the year due to CIS adjudication of large numbers of long-pending employment-based Adjustment of Status (AOS) cases […]

15 03, 2009

New Poverty Guidelines In Effect For Sponsors Completing Affidavits Of Support

By |2009-03-15T06:44:13-05:00March 15th, 2009|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, U.S. Immigration Law and Legislation|

New Poverty Guidelines In Effect For Sponsors Completing Affidavits Of Support Published: March 15, 2009 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 […]

28 02, 2009

Non-Citizens Lured into Voting: The Motor-Voter / Deportation Crossfire

By |2009-02-28T22:08:01-06:00February 28th, 2009|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Non-Citizens Lured into Voting: The Motor-Voter / Deportation Crossfire Published: February 28, 2009 It’s a problem. A big problem. Innocent foreign nationals from countries far and wide are finding themselves in the middle of the Motor-Voter/Deportation crossfire here in the U.S. In Illinois, the following scenario (or a version of it) is unfortunately popping up way too often: Foreign national – we’ll call her Daisy, arrives in the U.S. legally, on an immigrant visa (permanent resident), and starts the process of obtaining identification documents such as a social security card, state i.d., drivers license, etc. Upon her visit to the Illinois […]

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