25. January 2011 by admin.

PLEASE CLICK ON THE URL BELOW TO GO TO OUR NEW ADDRESS:

http://www.GoFianceeVisa.com

FOR THE LATEST  NEWS AFFECTING K-1 FIANCEE VISA AND IMMIGRANT SPOUSAL VISAS OR CALL US AT (626) 771-1078.

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10. January 2011 by admin.

The USCIS website gets better and better. The instructions for filing different applications are becoming much clearer and more organized, a huge improvement over their processes 14 years ago when I first started practicing.

The instructions on the I-129f petition indicate where the application should be filed. In the past, the petitioner would need to look up the service center that has jurisdiction over his state of residence, and mail it there.

Unfortunately, it can happen where an applicant carefully prepares a petition but mails it to the wrong location. In that case, what result? Will the petition be rejected? Will it be lost in a paperwork limbo? Will it be accepted and eventually routed to the corrrect office?

The USCIS Adjudicator’s Field Manual provides for this scenario:

“Although the instructions for each type of application or petition specify where that application or petition is to be submitted, submission to an incorrect office (or incorrect post office box where more than one box is used by a service center to sort cases by application type) is not a reason for rejection. Such cases should be receipted and routed to the appropriate office for processing.”

Hooray for the USCIS and being accommodating enough to allow for this oversight.

If you need assistance with a fiance(e) or spouse visa, contact our law office at 626-771-1078 or visit www.myfianceevisa.com  

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4. January 2011 by admin.

The DoS recently announced the introduction of a redesigned Consular Report of Birth Abroad (CRBA). The CRBA is an official record confirming that a child born overseas to a US citizen parent acquired US citizenship at birth. The redesigned document has state-of-the-art security features that make it resistent to alterations or forgery.

CRBAs have been printed at US embassies and consulates around the world since 1919. Effective 1/3/11, CRBAs will be printed at passport facilities in Portsmouth, NH and New Orleans, LA.  The DoS believes that centralizing production ensures improved uniform quality and lessens the threat of fraud.

Applications for US passports and the redesigned CRBA will also use the title of “parent” as opposed to “mother” and “father”.

For assistance in obtaining a CRBA for your overseas born child or to bring over your foreign spouse or fiance(e), contact a lawyer at www.myfianceevisa.com or call us at 626-771-1078.

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1. January 2011 by admin.

The USCIS online tracking system is a good start. However, it fails to provide sufficient information about petitioners’ applications. Users receive a receipt number upon filing their petitions with the USCIS. They can then go online, type in the receipt number, and obtain a status update.

Unfortunately, the information provided is sparse and not very detailed. The case updates primarily state that the petition has been received, that additional information was requested, or that a decision was made and the applicant will be informed.

The system is inadequate in that it fails to provide information about cases that were transferred between offices. The system doesn’t provide information about which office the transferred file was eventually sent to.

The USCIS recognizes that the system needs to be updated to provide more useful and detailed information. In a recent letter to American Immigration Lawyers Association, it indicated that it would be developing a software update that would offer more detailed information. Unfortunately, as of 12/31/2010, no new developments can be reported. Hopefully the update will arrive soon in 2011.

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1. January 2011 by admin.

USCIS instructions permit copies to be submitted along with the I-129f. This is generally recommended to avoid submitting an important original document which could get lost or destroyed.

In the event that an applicant does submit an original document, takes certain steps to increase the likelihood of getting your original document back. Submit the original with a copy and a request from the USCIS to return the original. If the applicant doesn’t include a copy, the USCIS may keep the original.

If the USCIS retains the original, use form G-884 to request that the USCIS return the original. File this form with the office where your case was pending. No fee is required to submit this form.

If you need assistance filing a fiance(e) or spousal visa petition, contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

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