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USCIS released a new Q&A brochure for families of immediate relatives about the new provisional stateside I-601A waiver that will go into effect on March 4, 2013. The requirements are also mentioned in a prior blog post, Provisional Unlawful Presence Waiver to Begin March 4, 2013. Keep in mind that I130/I360 visa petitions must be approved first and that these waivers only apply to immediate relatives (parents, spouses, unmarried minor children under 21 years old of US citizens). This … [Read more...]
January 11, 2013 by ·
One of the most frustrating aspects for immigrants and their families is figuring out the status of their cases pending before USCIS, the courts or the State Department that runs the National Visa Center and US Consulates abroad where visas are issued. The USCIS 1800# customer service number has been a quagmire for years, as any immigration practitioner or applicant can tell you. Run by a third party contractor, the phone tree alone can lead a caller to neverland. Then, if you are lucky to get … [Read more...]
January 3, 2013 by ·
On January 2, 2013, USCIS announced its long awaited final regulation governing new "provisional" waiver processing for immigrant visa applicants. Beginning March 4, USCIS will begin accepting provisional waiver applications in the US from applicants subject to the unlawful presence ground of admissibility (INA section 212(a)(9)(B); 8 U.S.C. 1182(a)(9)(B)) that subjects them to a three or ten-year bar to admissibility. This ground of inadmissibility is triggered when applicants for immigrant … [Read more...]
December 27, 2012 by ·
USCIS recently issued a new final regulation that goes into effect on February 1, 2013 specifying that Immigrant Visa recipients must pay a new and additional "Immigrant Fee" of $165.00. Applicants who receive Immigrant Visas at US consulates and embassies abroad will be required to pay the new fee online before they travel to the US. See www.pay.gov. The $165.00 fee covers the cost of green card production and other visa related services by USCIS associated with State Department visa … [Read more...]
December 14, 2012 by ·
In November 2012, USCIS created a new Entrepreneur Pathways portal purportedly to make it easier for foreign national entrepreneurs to navigate the immigration system. Previously in 2011, USCIS Director Alejandro Mayorkas announced a new Entrepreneurs in Residence (EIR) initiative to promote better adjudications for entrepreneurs. EIR would also include training adjudicators about real world business scenarios including start up ventures, financing, hiring methods, and other features of the … [Read more...]
December 12, 2012 by ·
Today, USCIS held an engagement session about developments in its Entrepreneurs in Residence initiative (EIR). Director Alejandro Mayorkas, his senior counsel and others on his staff attended. The EIR initiative is an attempt by USCIS to have adjudicators better understand the entrepreneurial space. Key developments thus far include the following: 1. The EIR Tactical Team has trained small groups at the various USCIS adjudications service centers. 2. Specialized teams are assigned to … [Read more...]
Getting Married in Washington State? What Binational and Dual National Same-Sex Couples Need to Know
December 9, 2012 by ·
It's a historic day in Washington State. Thanks to the voters who approved Referendum 74, same sex couples can legally marry starting today. The referendum went into effect on December 6, when couples started applying for marriage licenses. Along with the eight other states that permit same sex marriage, what does this new historic opportunity mean for couples where one or both spouses are foreign nationals? This blog post looks at the current status of options for foreign nationals to legally … [Read more...]
November 20, 2012 by ·
On November 19, 2012, USCIS expanded its e-Request system for making status inquiries about individual pending applications or to correct notices. Applicants can submit web-based inquiries on cases pending longer than stated processing times, have notices/approvals corrected, and can inquire about or change biometrics appointments for replacement green cards (I-90s) and naturalization applications (N400s). In order to use the e-Request service, applicants will need their original fee receipt … [Read more...]
November 18, 2012 by ·
I mentioned in my October 18, 2012 pre-election post, Should You Apply for DACA? An Update, that it seemed potential applicants for Deferred Action for Childhood Arrivals (DACA) were holding off filing applications after Governor Romney's statement that he would not honor DACA applications filed after his inauguration if he was elected. As of November 15, 2012, USCIS has received over 308,000 applications.There was a slight uptick in filings in October compared to September. Of the 308,000 … [Read more...]
November 12, 2012 by ·
It took Governor Mitt Romney's loss to President Obama in the presidential election for some key GOP members to finally admit the party made fundamental mistakes in its position on immigration. Now GOP representatives are engaged in a post-election reassessment of their stance on immigration. Governor Romney's pronouncement that undocumented immigrants should just "self-deport," and his position that he would not accept any further Deferred Action for Childhood Arrivals (DACA) cases after his … [Read more...]
