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Archive for November 2009

Green Card Info: filing tips for the I-130

30. November 2009 by admin.

The USCIS Vermont Service Center provides the following basic filing tips for I-130 applications:

·         Fill out all sections of the petition.

·         Be sure to include the petitioner’s A-number, if he or she has ever had one, even if he or she has naturalized.

·         Submit all required information as stated in the instructions.

·         Provide BOTH the English translation and the foreign document.

·        If the petitioner and/or beneficiary have had any name changes, submit documentation to establish the changes in their names and be sure to write those names in the applicable alias section of the petition.

·         Make sure to completely fill out the G-325A for BOTH the petitioner and the beneficiary.

·         Submit necessary photos as required by the instructions.

·         Submit all marriage and marriage termination documents for both petitioner and beneficiary.

·         There must be marriage termination documents for ALL prior marriages

If you are interested in filing a I-130 application for a loved one, contact our law firm at 626-771-1078 or visit us at www.myfianceevisa.com for more information.

Posted in Green Card Info | Print | No Comments »

Adjustment of Status Information: AOS Apps on Hold

30. November 2009 by admin.

 

Since Nov. 13, 2009, the USCIS has temporarily held certain applications to adjust status to lawful permanent residence until new CDC vaccination criteria become effective on Dec. 14, 2009.

The HHS and CDC announced on Nov. 13, 2009 new criteria for determining which vaccinations will be required for applicants seeking to become lawful permanent residents. Based on these new criteria, and beginning on Dec. 14, 2009, the vaccines for herpes zoster and human papillomavirus (HPV) will no longer be required for immigration purposes.

As a result, since Nov. 13, 2009, USCIS has held any application that would have been denied solely based on the applicant’s failure to show proof of having received the HPV or zoster vaccine. USCIS will resume adjudicating these applications on Dec. 14, 2009, using the new vaccination criteria, which eliminate the need for the HPV and zoster vaccines.

If you are interested in filing an adjustment of status application for your loved one, contact an experienced immigration attorney 24/7 at 626-771-1078 or visit us at www.myfianceevisa.com

Posted in Adjustment of Status | Print | No Comments »

Adjustment of Status Information: Filing a Complaint against a USCIS Officer

29. November 2009 by admin.

During the course of processing their adjustment of status applications, applicants may encounter problems with the adjudicating officer. While the majority of officers are very professional, ocassionally, an applicant may meet an officer who is rude or seems to ask inappropriate questions.

Bear in mind that some of the questions asked during the adjustment of status interview are personal and even intimate, because they are designed to determine whether the couple is truly married or not. However, it is possible that the line of questioning may become extreme or excessive to the point of being abusive.

When that happens, applicants are likely to want to report the officer. However, obtaining the officer’s name may not be so easy. In some USCIS offices, name plates are not required and officers may be hesitant to provide their names. Such lukewarm responses may appear to be efforts to discourage or stonewall the applicant from obtaining more information. However, from an USCIS officer’s point of view, this reaction makes sense in light of the harassment that USCIS officers can be subject to. Incidences of an officer’s tires being slashed or threatening phone calls have occurred. Indeed, USCIS officers can be subjected to rude and offensive behavior on the part of the applicants whose paperwork they are procesing. Nonetheless, encountering this appearance of uncooperative behavior can be very frustrating for the applicant who is trying to establish a record of what happened and what was communicated.

The recommended approach when this happens is to discuss the applicant’s concerns with the officer’s supervisor, rather than the officer. While an officer may not offer you his/her name, each officer has a unique number and stamps.  This information can be provided to the supervisor when lodging a complaint.

In our experience, supervisors at the local USCIS offices are open to reasonable complaints about particular officers. Appealing to the supervisory level is likely to yield a faster response for applicants who are experiencing difficulties working with their USCIS officer.

If you are interested in applying for adjustment of status for your fiance, spouse, or loved one, contact our law office 626-771-1078 or visit us at www.myfianceevisa.com.

Posted in Adjustment of Status | Print | No Comments »

Adjustment of Status Information: Appearing without an Attorney

29. November 2009 by admin.

If you hired an attorney for the K-1 process, and then for whatever reason, chose to file the adjustment of status application by yourself, the attorney may still be associated with your case, even though you have now submitted a different application for a different immigration benefit.

In that case, you may need to prepare a statement indicating that you are now representing yourself before the USCIS.  Below is a sample statement you may need to sign just prior to an adjustment of status interview.  

“I___________________ have been duly reminded by the U.S. Citizenship and Immigration Service that I do have an attorney of record listed in my file; however, at this time and for this interview, I choose to proceed without my attorney present. I hereby make this choice of my own free will without any influence from the Service.”

If you are a K-1 or K-2 visa holder, and would like assistance filing your adjustment of status application, contact an experienced immigration attorney at www.myfianceevisa.com or call us at 626-771-1078.

Posted in Adjustment of Status | Print | No Comments »

I-601 Waivers: Factors to Consider for Extreme Hardship

12. November 2009 by admin.

Eligibility for most immigrant waivers requires a showing of extreme hardship to the qualified relative. Note: hardship is not required for a health-related waiver and if the applicant establishes alternative grounds related to rehabilitation fo a criminal-related waiver.

The Board of Immigration Appeals in Matter of Cervantes-Gonzalez listed the factors it considers relevant in determining whether an applicant has established extreme hardship. These factors include the following:

  • the presence of a lawful permanent resident or U.S. citizen spouse or parent in this country;
  • the qualifying relative’s family ties outside the U.S.;
  • the conditions in the country or countries to which the qualifying relative would relocate and the extent of the qualifying relative’s ties in such countries;
  • the financial impact of departure from this country; and
  • significant conditions of health, particulary when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate.

In other cases of extreme hardship, it has been found that the mere loss of employment, the inability to maintain one’s present standard of living or to pursue a chosen profession, or separation of a family member, or cultural readjustment, by themselves, do not constitute hardship (Matter of Pilch). However, these factors can be taken in the aggregate and could then establish extreme hardship.

Whether an applicant can claim extreme hardship requires a thorough review by legal counsel. Call us today at 626-771-1078 or visit us at www.myfianceevisa.com for more information.

Posted in I-601 Waivers | Print | No Comments »

Sham Marriages for a Green Card

11. November 2009 by admin.

There are a variety of means to obtain permanent resident status. Lawful permanent resident status can be obtained through employment, through the diversity lottery, by claiming persecution, as well as through family relationships.

One of the fastest and easiest ways to obtain a green card is through marrying a U.S. citizen. Unfortunately, this method is often abused by desperate immigrants seeking to stay in the U.S. permanently. These relationships, known as “sham marriages”, are not recognized for immigration purposes. See Matter of Patel, 19 I&N Dec. 774 (BIA 1988). 

A marriage which was contracted solely for immigration purposes does not confer benefits under the Immigration and Nationality Act. A number of factors may raise questions about the intent of the marriage, and therefore USCIS officer will engage in more in depth questioning or even conduct a field examination or an investigation.

Some indications that a marriage may have been contracted solely for immigration benefits include:

·     Large disparity of age;

·     Inability of petitioner and beneficiary to speak each other’s language;

·     Vast difference in cultural and ethnic background;

·     Family and/or friends unaware of the marriage;

·     Marriage arranged by a third party;

·     Marriage contracted immediately following the beneficiary’s apprehension or receipt of notification to depart the United States;

·     Discrepancies in statements on questions for which a husband and wife should have common knowledge;

·     No cohabitation since marriage;

·     Beneficiary is a friend of the family;

·     Petitioner has filed previous petitions in behalf of aliens, especially prior alien spouses.

A sham marriage has been defined by the BIA as a marriage which may comply with all the formal requirements of the law but which the parties entered into with no intent, or “good faith”, to live together and which is designed solely to circumvent the immigrations laws.

The penalties for entering into these types of bogus marriages and applying for a green card are severe. Penalties include up to 5 years of prison as well as fines up to $250,000. On occasion, I hear of U.S. citizens being offered thousands of dollars to enter into these marriages for a few years until the foreign applicant receives his/her green card. Do not enter into these relationships; the risk and penalties simply are not worth it.

If you are interested in applying for a K-1 fiancee or K-3 spousal, contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com to see how our firm can prepare the best petition to maxmimize your chances for success.

Posted in Adjustment of Status | Print | No Comments »

K-1 Petition Adjudication: What do Adjudicators Look For?

10. November 2009 by admin.

When a K-1 fiancee visa petition is submitted to the USCIS, it’s hard to know what happens next. The months of hard work include communicating with your fiance(e) about K-1 requirements, gathering documents, and making sure everything is properly completed. The process culminates in submitting the petition to the USCIS. One hopes that, by then, everything is in order.  

So what happens next? Does the petition just fall into a big black hole? It may seem like that. Hopefully this article will shed some light.

When the USCIS adjudicator receives the petition, the following review takes place.

The USCIS adjudicator must carefully examine the application form and all supporting documents. The examination should address (but not be limited to) the following questions:

 

·     Is the form(s) complete and signed? All fields on a forms should be completed. Fields that do not apply should be marked as “not applicable” or “None”

·     Is the applicant or petitioner represented by counsel?

·     Are there any responses which require further explanation or indicate there may be a need for additional documentation? If so, then the supporting documentation must be available for review or else the petitioner is likely to receive a Request for Evidence.

·     Are all necessary supporting documents present and translated, if necessary?

·     Is the beneficiary statutorily eligible for the benefit sought? This requires examining the relevant immigration code to determine if the beneficiary is eligible for the immigration benefit.

·     Are all supporting documents authentic and unaltered? Recent submissions of fraudulent birth certificates and passports is making this inquiry especially important.

·     Is there any reason to suspect fraud?  Is there anything in the beneficiary’s  or petitioner’s past that would lead an adjudicator to suspect that fraud is taking place?

·     Are there any legal precedent decisions or court orders relevant to the case? 

·     Are there any ancillary applications which should be filed by the applicant (e.g. a waiver application, adjustment application, advance parole request, or employment authorization request)?

The above are basic procedural and substantive questions adjudicators ask as they review each K-1 petition. Applicants who keep these questions in mind and prepare their applications to address these issues stand a better chance of a successful outcome.

If you are interested in applying for a K-1 fiancee or K-3 spousal visa, please contact our immigration law firm at 626-771-1078 to speak with an immigration attorney. Visit us on the web at www.myfianceevisa.com

Posted in fiancee visa general info | Print | No Comments »

Proving a K-1/K-2 Relationship via DNA Testing

7. November 2009 by admin.

In circumstances where a consular officer is not convinced that the K-1 and K-2 have the requisite parent/child relationship, the consular officer may request a DNA test. Here are the steps involved for the K-1 applicant:   

  1. Petitioner/putative parent selects accredited lab.  
  2. The selected lab sends the beneficiary DNA testing kit(s) directly to the consular section.
  3. The Accountable Consular Officer (ACO) checks in all test kits on the DNA accountability log receipt in the consular section. This consists of ensuring that the kit has not been opened or damaged and if the kit includes a seal, confirming the kit seal is intact, adding the kit to the accountability log stored in the ACO safe, and storing it in the ACO safe or a bar lock cabinet. The safe where the DNA kits are stored must be accessible only to the ACO or designated backup.
  4. Once the ACO records receipt of the collection kit, the consular section must contact the applicant to schedule an appointment date for DNA collection and tell the applicant that he/she must bring his/her passport and a photograph.
  5. On the DNA collection appointment date, a lab technician from the panel physician’s office must come to the consular section to collect the DNA sample(s).
  6. Immediately prior to the testing, the ACO checks the test kit out of the safe and gives it to the cleared American witness who will witness the collection, recording the cleared American witness’s name in the
    accountability log. The witness verifies that the kit is unopened, and if applicable, the seal is intact. The cleared American witness is responsible for the custody of the testing materials until he or she applies the security seal to the mailing package.
  7. The cleared American witness should review the instructions sent by the AABB lab prior to the DNA collection, so as to be familiar enough with the sample collection technique to recognize if it is not being executed properly by the lab technician.
  8. At the time of testing, the cleared American witness must have the medical technician and applicant/beneficiary come to the interview window or designated location within the consular section, one applicant at a time.
  9.  The cleared American witness must personally verify the identity of the
    donor through:
    (1) Presentation of passport; and
    (2) Verifying that the applicant signs on the back of his or her photograph for attachment to the chain of custody document(s). 
  10. Once the identity of the applicant has been confirmed, the cleared
    American witness must do the following:
    (1) Collect the signed applicant photograph and supporting documents
    from the applicant;
    (2) Provide the sealed DNA kit to the lab technician or panel physician;
    (3) Witness the collection of the buccal swab from the donor/applicant;
    (4) Legibly record required information on chain-of-custody documents.
    This function may not be performed by LES or an outside party;
    (5) Witness the lab technician placing the completed DNA sample into the protective sleeve or pouch provided by the lab, accept the specimen from the lab technician or panel physician, and personally
    seal and sign the sample in accordance with the kit instructions;
    (6) Seal the specimen in the pre-paid shipping envelope provided by the lab. The sample must be in the direct possession of the same cleared American who witnessed the sample collection until the
    return mailing envelope is sealed in accordance with the instructions from the lab or shipping company.
    (7) Record in the applicant’s case notes:
    (a) His/her name as witness to the collection;
    (b) Date and time of sample collection;
    (c) The name of the lab technician (from ID badge or card);
    (d) The name of the lab or panel physician where the technician
    is employed; and
    (e) A clear description of the relationship(s) being tested (e.g.,
    probability that the tested mother or father is the
    mother/father of the child tested).
    (8) Scan all chain-of-custody documents into the CCD and associate them with the applicant’s case. Be sure that the information provided to the AABB lab clearly defines the relationship(s) to be
    tested. The request should be specific, not “are the parties related?”, but rather “is the petitioner the mother/father of the tested applicant?”

If you would like assistance with your K-1 and K-2 petition and interview, speak to an immigration attorney by calling 626-771-1078 24 hours a day, 7 days a week. You can also visit us at www.myfianceevisa.com

Posted in a fiance visa: interview tips | Print | No Comments »

K-1 I-129f Denial: How to Appeal

5. November 2009 by admin.

Review Form I-292 that notified you of the adverse decision to determine whether or not you may appeal the denial of your petition or application.  The decision will inform you of the proper appellate jurisdiction and provide you with the correct form.

If you want to appeal the denial of a petition or application, the notice of appeal must be filed within 30 days of the date of the decision.  If you receive the decision by mail, you must file the appeal within 33 days of the date of the decision.  If you wish to appeal the revocation of an approved immigrant petition, you must file the appeal within 15 days of the date of the decision, or within 18 days of the date of the decision if the decision is received by mail.

If the AAO has jurisdiction over the decision, you must file the notice of appeal on Form I-290B, Notice of Appeal to the Administrative Appeal Office.  The appeal must be filed with the office that made the original decision.  You may file an explanation in support of your appeal.  You must include the required fee.  If you require a fee waiver, please see fee waiver request procedures and the USCIS fee waiver policy memorandum.

If you wish to appeal a negative decision by the USCIS, speak to an immigration attorney at 626-771-1078 or visit our firm at www.myfianceevisa.com

Posted in K-1 and K-3 Appeals | Print | No Comments »

K-1 I-129f Denial: Appeal a Negative Decision

5. November 2009 by admin.

When the USCIS denies or revokes an immigration petition, in most cases you may appeal the decision to higher authority for review. In immigration proceedings, the appellate review authority is divided between two separate Government agencies: the Administrative Appeals Office (AAO) within USCIS, and the Board of Immigration Appeals (BIA), under the jurisdiction of the Executive Office for Immigration Review, U.S. Department of Justice.

If a petition or application is denied or revoked by USCIS, you should carefully review the written decision. The notice (Form I-292) will inform you of the reasons for the decision, notify you of the proper appellate jurisdiction and the applicable deadlines, and provide you with the correct USCIS form for filing an appeal.

If your petition has been denied, contact an experienced immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com to discuss your options.

Posted in K-1 and K-3 Appeals | Print | No Comments »

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