Info

You are currently browsing the archives for the Adjustment of Status category.

Calendar
March 2010
S M T W T F S
« Feb    
 123456
78910111213
14151617181920
21222324252627
28293031  
Categories
Latest Postings
Links
Archives
Meta

Archive for the Adjustment of Status Category

USCIS Correcting Advance Parole Documents

29. January 2010 by admin.

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

Posted in Adjustment of Status | Print | No Comments »

Green Card Application: Changing Addresses

20. January 2010 by admin.

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.

Posted in Adjustment of Status | Print | No Comments »

Processing at the Los Angeles USCIS District Office

10. January 2010 by admin.

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

Posted in Adjustment of Status | Print | No Comments »

Adjustment of Status Information: Flu vaccines and the I-693

2. December 2009 by admin.

The seasonal flu vaccine is one of the vaccines required for applicants for adjustment of status, 6 months through 18 years of age, and individuals ages 50 years or older. The receipt of the required vaccines is recorded on Form I-693, Medical Examination. Based on CDC’s information, Form I-693 may be accepted without the seasonal flu vaccine if the following conditions are met: The civil surgeon does not have the seasonal flu vaccine available; AND If Form I-693 is completed by a civil surgeon, the civil surgeon either has referred the applicant to the health department to obtain the seasonal flu vaccine, or has contacted the health department for the availability of the seasonal flu vaccine, but the health department does not have the seasonal flu vaccine available; AND The civil surgeon notates on the form, in the row for the seasonal flu vaccine of the vaccination chart, the following: “vaccine unavailable at health department” If the civil surgeon notates “vaccine unavailable at health department,” USCIS will grant a blanket waiver for the seasonal flu vaccine. Note that the form has to be properly annotated as shown above for the waiver to be granted or the form may be returned.

This is effective immediately and extends through March 31, 2010. Until further notice is given by CDC, the H1N1 influenza vaccine is not part of the vaccination requirements for purposes of Form I-693.

For assistance with filing an adjustment of status application, contact an attorney at 626-771-1078 or visit us at www.myfianceevisa.com

Posted in Adjustment of Status | 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 »

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 »

|