26. October 2009 by admin.

If a J-1 exchange visitor who is subject to but does not wish to comply with the two-year foreign residence requirement may apply for a waiver of that requirement under any one of the five applicable grounds for a waiver set forth in the INA 212(e). Choose the one that you qualify for or applies to your situation.

* No Objection Statement (NOS):

The EV’s home country government issue a No Objection Statement (NOS) through its Embassy in Washington, DC directly to the Waiver Review Division that it has no objection to the EV not returning to the home country to satisfy the INA 212(e) two-year foreign residence requirement and does not object to the possibility of the EV becoming a resident of the U.S. The NOS may also be issued by a designated ministry of the EV’s home government and forwarded to the U.S. Chief of Mission, Consular Section, within that country to be forwarded directly to the Waiver Review Division. The EV has the responsibility for obtaining a no objection statement from his/her home government.

Note: The law precludes the use of this option by foreign medical physicians, who acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.

* Request by an interested government agency (IGA):

If an exchange visitor is working on a project for or of interest to a U.S. Federal Government agency, and that agency has determined that the visitor’s departure for two years to fulfill the INA 212(e) requirement will be detrimental to its interest, that agency may request an interested government agency waiver on behalf of the EV for sake of public interest. The IGA request must be signed by the head of the agency or its designee and submitted directly to the Waiver Review Division. The EV has the responsibility for obtaining an IGA request from a U.S. Federal Government agency.

Note: For IGA applications on behalf of foreign physicians, who agree to serve in medically under-served areas, please refer to Federal Register Volume 62, No. 102 of May 28, 1997.

* Persecution

If an exchange visitor believes that he or she will be persecuted based on his/her race, religion, or political opinion if he/she were to return to his/her home country, the EV may apply for a persecution waiver. This waiver basis requires that the EV submit Form I-612, Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act, directly to the United States Citizenship and Immigration Services (CIS), within Department of Homeland Security. Only if CIS makes a finding of persecution will the Waiver Review Division proceed with the waiver case under this basis. Once CIS makes a decision, it will forward directly to the Waiver Review Division its decision on Form I-613.

* Exceptional hardship to a United States citizen (or legal permanent resident) spouse or child of an exchange visitor:

If an exchange visitor can demonstrate that his or her departure from the United States would cause exceptional hardship to his or her U.S. citizen or legal permanent resident spouse or child, he or she may apply for an exceptional hardship waiver. (Please note that mere separation from family is not considered to be sufficient to establish exceptional hardship.) This waiver basis requires that the EV submit Form I-612, Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act, directly to the United States Citizenship and Immigration Services (CIS), within the Department of Homeland Security. Only if CIS makes a finding of exceptional hardship will the Waiver Review Division proceed with the waiver case under this basis. CIS will forward its decision directly to the Waiver Review Division on Form I-613.

* Request by a designated State Department of Public Health or its equivalent, CONRAD:

Pursuant to the requirements of Public Law 103-416, a foreign medical graduate who has an offer of full-time employment at a health care facility in a designated health care professional shortage area or at a health care facility which serves patients from such a designated area, and agrees to begin employment at that facility within 90 days of receiving such a waiver, and who signs a contract to continue to work at that health care facility for a total of 40 hours per week and for not less than three years, may apply for a waiver under this basis.

The EV must first apply with a state public health department which is allowed to request 30 such waivers per federal fiscal year. Five of the thirty requests may be for EV physicians who will serve at a facility which may not be located within a designated area but serves patients who live within a designated health care professional shortage area. The state public health department will forward the Conrad requests directly to the Waiver Review Division if agrees to sponsor the EV for such a waiver.

Note: Only foreign medical doctors who received their J-1 status to pursue graduate medical education or training may apply for a waiver under this basis.

If your fiancee is subject to the 212(e) as a previous J-1 visa holder, contact our law firm at 626-771-1078 to see how we can assist in removing the condition. This must be addressed before your fiance(e) can enter the U.S. on a K-1 fiancee visa.

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26. October 2009 by admin.

An exchange visitor (EV) may be subject to the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act (INA), for one or more of the following reasons:

• The EV’s participation in an exchange program was funded by the United States Government, EV’s own government, or an international organization.
• The education, training, or skill the EV is pursuing in an exchange program appears on the Exchange Visitor Skills List (1997 Amendment) for EV’s country.
• The EV acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.

If you are subject to the two-year foreign residence requirement, you may not change your status to K-1 or K-3 until you have fulfilled the two-year foreign residence requirement by going back to your home country or receiving a waiver of this requirement.

If you are not sure whether the INA 212(e) two-year foreign residence applies to you, you may make a written request for an advisory opinion for the applicability of INA 212(e) to your situation. The advisory opinion request should include legible copies of every/all DS-2019/IAP-66 ever issued to you, along with a self-addressed envelope, and should be sent to:

INA 212(e) Advisory Opinion Request
The Waiver Review Division, CA/VO/L/W
SA-1, L-603
U.S. State Department
2401 E Street, NW
Washington, D.C. 20522-0106

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23. October 2009 by admin.

Even though an individual may be approvable for a K-1 fiance(e) visa stamp, he or she may be prevented from entering the U.S. if s/he is considered inadmissible.

There are several reasons why an individual may be considered inadmissible. They can apply if an applicant has a criminal background or has previously violated U.S. immigration laws during time spent in the U.S. There are health-related grounds which may render an applicant inadmissible, if an applicant has a communicable disease.

Participation in certain political groups, including Communist parties, may also affect a fiance(e)’s eligiblity. This specifically affects fiance(e)s from China and an inquiry into whether a fiance(e) has membership in the Chinese Communist Party is a necessary question to make sure this ground for inadmissibility doesn’t apply.

If a ground for inadmissibility applies, the applicant’s prospects for entering the U.S. are not doomed. A waiver of the ground(s) of inadmissibility can be obtained. This application for a waiver is prepared on the I-601.

The USCIS has just revised Form I-601, Application for Waiver of Grounds of Inadmissibility (Revision Date 04/06/09 N, OMB Expiration Date 04/30/11) to make it easier for applicants to complete.

Applicants may now select from a list of grounds of inadmissibility on the form itself and mark all which apply to them in order to request a waiver. In addition to the list, the form includes a section where applicants can describe, in their own words, why they believe they are inadmissible.
 

Waiver applications are not easy and results are not guaranteed. If you think you will need to apply for a waiver for your beloved, contact our law firm at 626-771-1078 for a free consultation and review. Visit us at www.myfianceevisa.com

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23. October 2009 by admin.

Relationships, like everything else in life, are organic and constantly evolving. They don’t always start and stop as cleanly as they do in fairy tales.

For K-1 fiance(e) visa relationships, starting a relationship while one of the individuals is still married poses potential problems that may result in the USCIS officer asking additional questions.

Timing plays a large role in determining whether a K-1 fiance(e) visa stamp will be approved. When did the relationship with the foreign fiance(e) begin? Is the individual and his/her soon-to-be ex-spouse separated? Have divorce papers been filed? When is the divorce expected to be officially dissolved?

In addition, the usual host of factors will also be considered in evaluating the outcome of the case. This includes the ages of the U.S. citizen and foreign applicant, the foreign applicant’s English competency, the length of the courtship, the home country of the foreign fiance(e), whether the fiance(e) has previously visited the U.S., the criminal history of the U.S. citizen and the foreign fiance(e), to name a few.

The bottom line is that it is very possible for a foreign fiance(e) to be approved for a K-1 fiance(e) visa even if the relationship began while one was still married. The key is establishing that the relationship is bona fide. The couple should demonstrate that their love is legitimate and maturing. This can be achieved through supporting evidence such as emails and phone logs.

While overlapping relationships are not planned for, they are not uncommon. Any prejudice on the part of the USCIS or consular officer against relationships with these charactertics need to be addressed deliberately and with ample supporting documents.

If you are involved in a relationship with a foreign fiance(e) that overlaps with a previous relationship, please do not hesitate to contact our law firm at 626-771-1078 to discuss your options or visit us at www.myfianceevisa.com   

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22. October 2009 by admin.

Even though an individual may be approvable for a K-1 fiance(e) visa stamp, he or she may be prevented from entering the U.S. if s/he is considered inadmissible.

There are several reasons why an individual may be considered inadmissible. They can apply if an applicant has a criminal background or has previously violated U.S. immigration laws during time spent in the U.S. There are health-related grounds which may render an applicant inadmissible, if an applicant has a communicable disease.

Participation in certain political groups, including Communist parties, may also affect a fiance(e)’s eligiblity. This specifically affects fiance(e)s from China and an inquiry into whether a fiance(e) has membership in the Chinese Communist Party is a necessary question to make sure this ground for inadmissibility doesn’t apply.

If a ground for inadmissibility applies, the applicant’s prospects for entering the U.S. are not doomed. A waiver of the ground(s) of inadmissibility can be obtained. This application for a waiver is prepared on the I-601.

The USCIS has just revised Form I-601, Application for Waiver of Grounds of Inadmissibility (Revision Date 04/06/09 N, OMB Expiration Date 04/30/11) to make it easier for applicants to complete.

Applicants may now select from a list of grounds of inadmissibility on the form itself and mark all which apply to them in order to request a waiver. In addition to the list, the form includes a section where applicants can describe, in their own words, why they believe they are inadmissible.

Waiver applications are not easy and results are not guaranteed. If you think you will need to apply for a waiver for your beloved, contact our office at 616-771-1078 for a free consultation and review or visit our website at www.myfianceevisa.com

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21. October 2009 by admin.

Please read through these instructions before the interview and follow them carefully because they are the most complete available. All documents should be supplied ON THE DAY OF THE INTERVIEW.

If you need assistance in bringing your Russian fiance(e) to the U.S. contact an immigration attorney 24/7 at 626-771-1078 or visit us at www.myfianceevisa.com

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21. October 2009 by admin.

I-129f petitions for fiance(e) visas are submitted to the USCIS. They are not submitted to the U.S. consulate or embassy where the foreign fiance(e) resides. I-129f petitions are directed to either the California Service Center or the Vermont Service Center for processing.

For Fall 2009, processing times at the service centers are as follows:

• California Service Center: 5 months
• Vermont Service Center: 5 months

Previously, the Vermont Service Center processed I-129f petitions faster than the CSC. Unfortunately, processing at the VSC has now slowed so that there is no discernable advantage.

Both service centers are processing at a slower rate than in the past. At one point, the CSC was processing I-129f petitions in 3 months and the VSC in under one month! Larger volume of K-1 petitions as well as budget cuts has resulted in increased processing times.

To avoid delaying the process further, it is important that filers prepare their petitions completely and thoroughly. Applications should be organized and easy to follow. Inadequate preparation will lead to either an outright denial or a request for additional evidence (RFE). While RFEs still give the petitioner to answer and can lead to the petition being approved, it can easily delay processing by an additional few months.

If you’d like assistance with the preparation of your K-1 fiancee visa petition, talk to an experienced immigration attorney now by calling 626-771-1078 or visit us at www.myfianceevisa.com

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13. October 2009 by admin.

Atlanta USCIS office is currently trying to process adjustment of status applications and grant interviews within 6 months. Interview notices are typically sent within 2 months.

Decisions on applications are often made at the time of the interview. In happy situations, the applicant will be informed that he or she has been granted permanent resident status. Such a notification letter is provided at the conclusion of the interview.

In other instances, the interviewing officer will inform the applicant that a decision will be made within 30 or 90 days. Therefore, applicants should be this in mind when they go in for their interview and not assume that a notification letter will be provided at the end of the interview. The officer may require more time to spend after the interview to review an application before rendering a decision.

If you need assistance, please contact our law office at 626-771-1078 or visit our website at www.myfianceevisa.com

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13. October 2009 by admin.

In the first week of the 2011 Diversity Immigrant Visa Program (DV‐2011), applicants from around the world submitted over 900,000 entries—a 63 percent increase over the same period last year. More than 13,000,000 entries are expected before the registration period ends. The U.S. Department of State launched DV‐2011 on October 2 and will conclude the registration period on November 30. This Congressionally‐mandated program makes available 55,000 immigrant visas annually, drawn randomly from all entries and issued to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States. Successful DV‐2011 entrants will receive notification of their selection via mail between May and July, 2010, and will be permitted to commence the Immigrant Visa application process in October 2010. The deadline for visa issuance is September 30, 2011.

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13. October 2009 by admin.

One way USCIS is improving service to its customers is by launching its E-Notification initiative for immigration applications and petitions filed at one of three USCIS Lockbox facilities. If you file your USCIS applications and/or petitions at one of these facilities, you will have the option to receive an e-mail and/or text message informing you that USCIS has accepted your application or petition. 

A lockbox is an entity used by organizations to accelerate the collection of fees. In addition to processing fees more efficiently and timely, the USCIS Lockbox operation is improving data collection by electronically capturing and transmitting information from immigration forms to USCIS systems. 

Forms that are currently processed through the USCIS Lockbox facilities include family based forms  

One e-mail and/or text message will be sent per accepted immigration form. USCIS will send an E-Notification to the person requesting the benefit. If you provide an e-mail address and a cell phone number, you will receive both types of E-Notification messages. USCIS will notify you within 24 hours of accepting your immigration form(s).  

The e-mail or text message will provide a receipt number for each immigration form. The e-mail notice will also provide a brief statement on how to get additional information about the status of your case. The E-Notification will not constitute official notice of application acceptance.

If you need assistance preparing a K-1 fiancee or K-3 spousal visa, please call us at 626-771-1078 and speak with an experienced immigration attorney or visit us at www.myfianceevisa.com.  

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