Visa Lawyer Blog

Articles Posted in Family Visas

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By Marie Puertollano, Esq. 

Form 1-131 Application for Travel Document is the form you must file with immigration when requesting a travel authorization from USCIS. This Application for Travel Document can be requested in various situations for the purposes of obtaining a reentry permit or advance parole.

One of the most common Form I-131 application’s we file within our practice, is the advance parole for an applicant who has a pending I-485 Application to Register Permanent Residence or Adjust Status application for a green card. While awaiting a decision from USCIS about the green card application, the applicant CANNOT leave the United States without a travel authorization issued by USCIS, or the application will be considered abandoned.  Given that many applicants need to travel while their green card application is pending, we submit an I-485 Application to Register Permanent Residence or Adjust Status application along with Form I-131 Application for Travel Document to request an advance parole which will allow the green card applicant to travel once it is issued by USCIS, approximately 60-90 days after being filed. The applicant need not pay any fees for the I-131 Application for Travel Document, if it was submitted with an I-485 Application to Register Permanent Residence or Adjust Status, to obtain a green card.

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For many, the American Dream has proved to be far beyond reach. This is the story of our client, Rafael Espinoza Iniguez, as told by his wife, Maria:

Life, Liberty, and the Pursuit of Happiness are birth rights our government sought to protect through a living breathing document known as the Declaration of Independence. These “inalienable rights” have been challenged at times by life’s many obstacles and ironies, some of which are brought about by medical conditions, which are alleviated by research institutions, by economic difficulties, which are alleviated by charities, by social pressures, which are alleviated by advocacy groups, and by injustices, which are alleviated by our government; the institution which has declared to protect our rights as citizens. Our government was designed in its inception as a progressive government by our founding fathers, who were dissatisfied by the tyranny of monarchies, and created this nation with the goal of establishing a just government, recognizing the rights all human beings are entitled to. And so, in pursuing our own life, liberty, and happiness, this is our family challenge:

To present our story in order to advocate for comprehensive immigration reform that will allow entrance into the United States for law abiding and deserving individuals, who have come to this great nation in the pursuit of that same happiness our founding fathers were in search of. 

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By Yingfei Zhou, Esq.

Today, June 09, 2014, the U.S. Supreme Court ruled in a 5-4 decision that children who waited for years with their parents to obtain immigrant visas still have to go to the back of the line when they turn 21.

BACKGROUND: The case, Mayorkas v Cuellar de Osorio, began as two separate suits, one joining many individual plaintiffs, and the other certified as class action.  One of the respondents involved in this case is a Salvadoran family-sponsored immigrant who was in line for a visa along with her 13-year-old son.  But after years of waiting, her son turned 21 and government officials said he no longer qualified as an eligible child.  The aged-out son was then placed at the back of the line, resulting in a wait of several more years.

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Common Issues and Preparation Tips

Below are some helpful tips and information that will help prepare you to file for your alien spouse or fiancé. This guide will also cover common issues to avoid that we have come across in our practice.

In order to successfully file a petition for your alien spouse or fiancé, you must first take care of four very important things:

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First time visitor at our office? We have you covered on what to expect during your first visit in 5 easy steps.

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Our Clients

Since every client’s case is truly unique, it is important for our potential clients to attend their free consultation, where a member from our team will explain the appropriate legal process that should be taken, in addition to answering all of their questions and concerns. Please contact our office to schedule an appointment for an in person or phone consultation at (619) 819-9204 or Toll Free at 1-866-488-1554

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By Ekaterina Powell, Esq.

Getting married is an important step in everyone’s life.  For some, it is a well-planned event. For others, it is a spontaneous decision. However, for those foreign nationals who are coming to the U.S. to marry U.S. citizens, it needs to be a very thought-through decision because if they marry too fast, it can result in big problems at the time they apply for the green card.

Whenever you come to the U.S. as a visitor, you represent to the immigration officer at the time of visa application and at the port of entry that you do not intend to reside in the U.S. permanently and that you intend to depart the U.S. after a short-term visit. Even if you are not asked a specific question by a consular officer or customers and border agent at the port of entry on whether you want to stay in the U.S., by way of coming into the U.S. with a nonimmigrant visa you show your nonimmigrant intent.

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On Tuesday May 6, 2014 the Department of Homeland Security announced the publication of two newly proposed rules designed with the purpose of attracting and retaining highly skilled foreign workers. Both initiatives seek to advance the United States economy and improve competitiveness by recruiting the best and brightest professionals the world has to offer.

Proposal to Extend Employment Authorization to Spouses of Certain H-1B Workers:

The first proposal allows spouses of certain H-1B workers to extend their employment authorization in the United States

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by Lupe Lopez

Several weeks ago, Henry came in for a consultation to discuss an I-601 waiver of inadmissibility for his wife, Elizabeth.  Last year, they had attended Elizabeth’s interview in Ciudad Juarez, Mexico and she was denied a visa.  Elizabeth did not know why she was denied because the officer only told her “you are inadmissible and you will not get a visa.”  Elizabeth was given a blue piece of paper with lots of writing and the officer asked her to leave.

Elizabeth could only assume that it had to do with something that happened many years ago when she was 18.  She had not mentioned this to her attorney or to her husband.  She didn’t think it was important.  But, now, after being denied, she was fearful that this was the reason for her denial.

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The Chief of the Visa Control and Reporting Division at the U.S. Department of State, Charles Oppenheim, recently shared the expected projections for monthly and annual visa demand and Visa Bulletin projections regarding family and employment based green cards. It is important to note that these projections may be subject to change based on the reported or observed visa demand witnessed by USCIS and the U.S. Department of State.

Important developments to look forward to this year include significant advancement of EB-2 category for India and unmarried sons and daughters of LPR over 21 years old. On the other hand, several immigrant visa categories are expected to retrogress due to high demand, such as the category of spouses and children of LPR, EB-5 for Chinese nationals and EB-3 for Chinese nationals. The expected projections are as follows:

Family Based Second Preference 2A Worldwide (FB-2A) –Spouses and Children (under 21) of Permanent Residents:

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Unlike regular Social Security, which is a contributory insurance plan based on how long people worked and how much they made before retirement, S.S.I. is a welfare program for all citizens or resident immigrants who meet certain requirements of age, income or disability.

The number of elderly immigrants enrolled in the program has increased fivefold over the last 12 years. Now, more than a quarter of immigrants over 65 — and in some immigrant populations, almost half — receive S.S.I., at an annual cost of $2 billion.

By comparison, less than 10 percent of elderly United States citizens are in the program.

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