Articles Posted in Family Visas

As many of our Marriage Visa clients know, the Medical Examination is an important part of the case required documents. Once an applicant goes through the exam the doctor must sign and complete Form I-696. In the coming weeks, applicants should remember that the I-693 medical exam form is being updated and doctors must complete the new form for examinations taking place after May 1st. If a doctor signs the old form before May 1st, applicants can submit the old version. Applicants must make sure the doctor is aware of the change as some of them may not know about the changes to the forms. Using the wrong form after May 1, 2008 may result in the case being returned and significant delays caused.

I suggest applicants take a blank I-693 form with them to the exam to make sure the Doctor has the new forms in hand. Click here to download the new forms

EFFECTIVE 12/17/07 (Posted on AILA Infonet 12/14/07 )
Due to the limitations of the INFOPASS appointment system regarding scheduling options for I-601 waivers under the new I-601 pilot program implemented on March 6, 2007, the USCIS Ciudad Juarez office has been trying to put in place a new system. INFOPASS worked well initially, but due to volume increases, the program could not be modified to push out appointment availability dates as needed to keep up with the high immigrant visa interview rate of the U.S. Consulate. Thus, many waiver applicants were not able to make timely appointments using INFOPASS in order to make travel plans, etc. Please note that both the USCIS office and the U.S. Consulate in Cd. Juarez were receptive to AILA’s concerns and suggestions regarding this process.

Thus, USCIS and the Department of State are ending the use of INFOPASS (effective December 17, 2007) for the I-601 pilot waiver program at Cd. Juarez and changing the process to schedule waiver appointments and provide waiver information through the ” Teletech Call Center ” located in Mexico . This call center is the same center that currently provides information regarding immigrant and nonimmigrant visas, and schedules nonimmigrant visa interview appointments for nonimmigrant visa applicants for Cd. Juarez and certain other U.S. Consulates in Mexico . Thus, appointments will be available, but not necessarily in a two week window. In addition, the U.S. Consulate in Cd. Juarez hopes to eliminate its immigrant visa backlog by the end of March 2008 and has devoted substantial resources to this effort. Further, the USCIS office in Cd. Juarez has already cleared the pre-March 2007 waiver backlog, and is working on waivers filed in April of 2007.

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We all know that the I-130 form can be used to file for most relative petitions. Sometimes we file this form together with the I-485 when visas are available, and sometimes it is necessary to file this form alone, for example when you file for a sibling, etc. In the past one would file with the Service Center directly. Now we have a new policy.

The U.S. Citizenship and Immigration Services (USCIS) has revised its procedures for filing certain I-130 relative petitions. Effective December 3, 2007, the USCIS is encouraging I-130 petitioners to file their petitions with the Chicago Lockbox. This change applies to stand-alone I-130s only. A stand-alone I-130 is one that is filed WITHOUT an I-485, Application for Adjustment of Status. After filing, the petition will be forwarded from the Chicago Lockbox to the appropriate USCIS service center for adjudication.

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The big Immigration news today in all major news papers that cover US Immigration is the massive delays in application processing. As you may recall due to the fee hike in July millions of applicants filed for Immigration benefits, like Citizenship, family petitions etc.

The application backlog is so large that Citizenship and Immigration Services, a division of the Homeland Security Department, is months behind schedule in returning receipts for checks written to cover fees and indicate to clients that the files are in process.

I get calls every single day from clients inquiring about case status, and all we can tell them is that the case is in process. It just doesn’t make sense for this to take so long, but the USCIS were not ready for this volume and now applicants are paying the price.

Senator Barbara Boxer (D-CA) has become the seventh US Senator to co-sponsor the Uniting American Families Act (UAFA). The legislation, introduced in the Senate (S. 1328) and House (H.R. 2221) earlier this year would amend current US immigration law and give same-sex binational couples the same immigration rights as their heterosexual counterparts to stay together legally in the United States.

During the months of July and August we have filed an unusual number of Marriage based Green Card Applications. I have listed here some of the most common questions our clients and site visitors wish to know. Hopefully the following Questions and Answers will make your journey through this process a little less confusing.

1. How soon can an applicant that entered the US as a tourist or under the Visa Waiver Program marry a US Citizen, Could they apply for the Green Card in the United States?
Answer: A US citizen can marry a tourist or VW visitor and apply for the Green Card from within the US. It is better to marry 60 days after entry to lift the presumption that the immigrant entered the US in order to get married.

2. How soon after marriage can the US Citizen petition and file the immigration paperwork for the immigrant spouse?
Answer: There is no waiting period that must pass before the immigration petition can be filed. Make sure to have the certified Marriage Certificate registered with the county before you can file.

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Recently I have been getting numerous inquiries to process K1 Fiancee visa from the Philippines and Thiland? It is typical to get such requests this time of year as the desire to process the visa and marry in the summer is very popular with clients. The K1 Fiancee visa is the only option for an American citizen to bring a fiancee to the US as most of the Asian nationals will be denied entry visas to the US.

There is a local company right here in San Diego that matches such women to older guys all across the US. CNN covered this story recently and you can get an idea in the link below. The Fiancee visa is a great visa to unite loving couples, but can also be a trap for innocent immigrant women.

What a day! I attended several Marriage based Greed Card interviews today at our local USCIS office and they all went pretty well. All approved, but my clients were stressed. Being questioned by a government official about your personal life is not the most pleasant experience. Most clients just want to know what questions they may ask at the interview.

The below referenced questions are actual questions that I have compiled after attending numerous of interviews across the US. This is intended to be an exclusive list, rather, just to give you an idea as to what you might expect at your next interview.

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