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Archive for January 2010

USCIS Correcting Advance Parole Documents

U.S. Citizenship and Immigrations Services (USCIS) announced that it will reissue Advance Parole documents (Form I-512) in response to documents that were mailed to applicants with an incorrect issue date of January 5, 1990. All affected documents have been identified and USCIS will automatically reissue documents to individuals who have received a document with the incorrect issue date. All documents continue to be valid as the expiration dates remain accurate, therefore it is not necessary for applicants to contact USCIS regarding their pending application unless their application is outside the normal processing time of 90 days.

If you need to travel urgently and you have received a document with an invalid issue date, then you may travel using the incorrect document. U.S. Customs & Border Protection (CBP) has been alerted however, you may be questioned about the issuance date.

If you need assistance with an advance parole application or other immigration applications, please contact our law firm at 626-771-1078 or visit us at www.myfianceevisa.com

Green Card Application: Changing Addresses

If you are not a U.S. citizen, changing your address for legal purposes does not change your address on any application or petition pending with USCIS. Moreover, changing your address on a pending application or petition does not meet the legal requirements of informing USCIS of your change of address. You will need to do both.

With the exception noted above, all non-U.S. citizens who move within the United States and its territories must submit a Form AR-11 within 10 days after completing the change of address. You can do that the Electronic Change of Address tool. If you choose to use this online tool, you can complete an electronic Form AR-11 and notify USCIS to update your address on most pending cases. This is the easiest and most convenient way to inform the USCIS. If you choose not to complete an electronic Form AR-11, you will be required to obtain a paper Form AR-11 and mail it to the address shown on the form. This will delay the process of notifying USCIS significantly. Not filing an electronic AR-11 and choosing to mail in a paper AR-11 will not update your address on any applications or petitions pending with USCIS.

Regardless of whether or not you are a U.S. citizen, if you choose not to use the electronic change of address notification, you will need to call customer service at 1-800-375-5283 to request that the address on your pending application/petition be changed. If you are not a U.S. citizen, you will also need to complete a paper Form AR-11.

If you are not a U.S. citizen and you have a case pending with USCIS, you will need to do both - call customer service and complete the paper AR-11. Completing an AR-11 does not update your address on any pending case. Also, notifying customer service does not meet the legal requirement of completing an AR-11.

If you would like assistance with changing your foreign fiancee’s or spouse’s mailing address, please call us. 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.

K-3/K-4 Interview Supporting Docs for Mumbai, India

For the K-3 and K-4, the following supporting docs are required:

 ·         A passport

·         Two completed DS-156, Nonimmigrant Visa Application forms

·         Two nonimmigrant visa photos (two inches/50 X 50 mm square, showing full face, against a light background)

·         Police Certificate

·         Court and prison records

·         Birth certificates

·         Registered marriage certificate and other proof of relationship. Note that a deed of marriage is not sufficient proof.

·         Proof of relationship with any child (K-4) visa applicant.

·         Proof of the legal termination of any previous marriage: death certificate of spouse, or decree of divorce or annulment

·         A medical examination.

·         Evidence of Support: You must show evidence that you will not become a public charge in the U.S. A completed I-134 Affidavit of Support form along with supporting documents from your sponsor is helpful in proving that your sponsor has sufficient financial resources.

·         A demand draft for the Visa Application fee.

To speak with an immigration attorney, call 626-771-1078 or visit us at www.myfianceevisa.com

K-2 Dependent of Fiance(e) Interview in Mumbai, India

Documentary requirements for a K2 visa are similar to those for a K1 visa.

K2 applicants should bring the following documents with them to the interview:

·       A passport. ·       Two completed DS-156 (nonimmigrant visa application) forms.

·       Two nonimmigrant visa photos ·       A medical examination.

·       A copy of the child’s official birth certificate issued by the Registrar of Births and other proof of relationship to the K-1 visa applicant.

·       Evidence of Support: You must show evidence that you will not become a public charge in the U.S. A completed I-134 Affidavit of Support form along with supporting documents from your sponsor is helpful in proving that your sponsor has sufficient financial resources.

·       A demand draft for the Visa Application fee.

To speak with an immigration attorney about bringing over a dependent of your foreign fiancee, contact us at 626-771-1078 or visit us at www.myfianceevisa.com

K-1 Fiancee Visa Interview in Mumbai, India: Docs to bring

The following items should be brought to the US embassy in Mumbai, India for the K-1 fiancee visa interview:

·       A passport.

·       A completed Form DS-230 (part I only) Biographic Data form.

·       Two completed DS-156 (nonimmigrant visa application) forms, and one completed of DS-156K, (supplemental form for nonimmigrant fiancé(e) visa applications). Do not sign the DS-156K supplemental form until instructed to do so by a Consular Officer.

·       Two nonimmigrant visa photos

·       A copy of your official birth certificate

·       Police Certificate

·       Evidence of Support: You must show evidence that you will not become a public charge in the U.S. A completed I-134 Affidavit of Support form along with supporting documents from your sponsor is helpful in proving that your sponsor has sufficient financial resources.

·       Proof of relationship: You will be asked for evidence that you have met your fiancé(e), and for proof of a valid engagement.

·       Proof of the legal termination of any previous marriage: death certificate of spouse, or decree of divorce or annulment

·       Court and prison records

·       Statement concerning your intent to enter into a valid marriage with your fiancé/e within 90 days of your admission into the U.S. Complete. Do not sign this statement until instructed to do so by the Consular Officer.

·       Medical examination.

·       A demand draft for the Visa Application fee 

For assistance with this type of visa, contact an immigration attorney at www.myfianceevisa.com or call us 24/7 at 626-771-1078.

K-1 Processing: How long will it take?

The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicant does not follow instructions carefully or supplies incomplete information. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.

Current K-1 processing times at the USCIS service centers can be viewed by visiting www.uscis.gov.   Wait times for a nonimmigrant visa to be processed does not include time required for administrative processing. Most administrative processing is resolved within 60 days of application. Applicants are advised as to how long it is estimated to take when they apply.  

When administrative processing is required, the timing will vary based on individual circumstances of each case. Therefore, before making inquiries about status of administrative processing, applicants will need to wait at least 60 days from the date of interview or submission of supplemental documents, whichever is later.

If you are interested in applying for a K-1 fiancee visa or a K-3 spousal visa for your fiancee or spouse, please contact an experienced immigration attorney at www.myfianceevisa.com or 626-771-1078.

Processing at the Los Angeles USCIS District Office

On January 8, 2010, I had a chance to tour the Los Angeles USCIS district office with other American Immigration Lawyer Association attorneys. While I have been to the LA office before representing clients, this was the first time I received an actual tour from USCIS staff. It was very informative to see how the USCIS continues to make progress into becoming a customer-service oriented agency.
 
We had a chance to meet with the director of the LA office, Dianne Armenteros. Dianne struck me as a person who 1) really cares about the applicants who go through the immigration process, 2) believes in the USCIS mission and its impact on applicants, and is making a serious effort to encourage CIS staff to be as customer service oriented as possible.
 
Dianne told the story of an individual who applied for a permission to leave the US. He found out that his mother was dying, and he needed to get on a plane as soon as possible to head back to China. Because he was in the midst of applying for a green card, he needed permission from the USCIS to leave and later reenter the US. Failure to do so would have lead the USCIS to consider him to have abandoned his adjustment of status application. He would have then had to reapply for an immigrant visa back home in China.
 
It was encouraging to hear Dianne talk about the efforts her office made to accommodate this individual. The staff worked really hard to pull his file, review his application, and approve his request to leave and reenter. This was all done within an extremely short time frame of about 24 hours. He was able to obtain permission to leave, and he left immediately to be with his family.
 
I know that the USCIS has been given a bad rap in the past for poor customer service. The agency struggles with constant regulatory changes, increasing numbers of applications, and a shrinking budget. Yet, it’s pleasantly surprising to see the hard work that individuals at the USCIS are putting in to better processes. I’m excited about the changes that Ms. Armenteros shared with us that will affect the LA office. I think it’ll continue to simplify the application process, and make working with the local USCIS offices much easier.
 
If you are thinking about submitting an application to the LA USCIS district office, please do not hesitate to contact me  at 626-771-1078 to tap into my experience with this busy office

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