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Archive for the Green Card Info Category

Green Card Info: filing tips for the I-130

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.

From Fiancee Visa to Green Card

The USCIS customer service representatives access a flowchart and script which helps them answer various immigration benefit questions. The following link will take you to the family-based green card application process. Fiancee visa holders and their U.S. citizens can use this tool to determine whether or not they would be able to apply for a green card, and which form to use.

http://www.uscis.gov/files/nativedocuments/Permanent_Residents_Fam.pdf

The flowchart ends by recommending that applicants hire an immigration attorney as a best resource for legal assistance. If you need assistance applying for a green card for your foreign fiancee, please call us at 626-771-1078 or visit us at www.myfianceevisa.com


How to Bring Children of K-1 Fiancee Visa Applicants to the USA

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. The American citizen petitioner, must make sure that s/he names the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later within one year from the date of issuance of the K-1 visa to his/her parent.  If it is longer than one year from the date of visa issuance, a separate immigrant visa petition is required.

Key points:

  • The child must be unmarried.

  • The stepparent/stepchild relationship must be created before the child reaches the age of 18.

For further information about child dependents of K-1 fiance(e) visa applicants, please visit www.myfianceevisa.com


Vaccination Requirements for Immigrant Visa Applicants

United States immigration law requires immigrant visa applicants to obtain certain vaccinations (listed below) prior to the issuance of an immigrant visa. Panel physicians who conduct medical examinations of immigrant visa applicants are required to verify that immigrant visa applicants have met the vaccination requirements, or that it is medically inappropriate for the visa applicant to receive one or more of the listed vaccinations:

– Acellular pertussis
– Hepatitis A
– Hepatitis B

– Human papillomavirus (HPV)
– Influenza
– Influenza type b (Hib)
– Measles
– Meningococcal
– Mumps

– Pneumococcal
– Pertussis

– Polio
– Rotovirus
– Tetanus and diphtheria toxoids
– Varicella
– Zoster

In order to assist the panel physican, and to avoid delays in the processing of an immigrant visa, all immigrant visa applicants should have their vaccination records available for the panel physician’s review at the time of the immigrant medical examination. Visa applicants should consult with their regular health care provider to obtain a copy of their immunization record, if one is available. If you do not have a vaccination record, the panel physician will work with you to determine which vaccinations you may need to meet the requirement. Certain waivers of the vaccination requirement are available upon the recommendation of the panel physician.

Only a physician can determine which of the listed vaccinations are medically appropriate for you, given your age, medical history and current medical condition.

For information on how medical exams and the immigrant visa process for fiancees and spouses of U.S. citizens, visit www.myfianceevisa.com


Delays in Green Card Issuance

USCIS recently announced that applicants may experience up to an eight week delay in the delivery of their permanent resident card.  In the interim, USCIS Field Offices will be issuing temporary evidence of permanent residence in the form of an I-551 stamp to applicants approved for permanent residence at the time of their interview.  You will need to take your passport to your appointment.  The temporary proof of permanent resident status can be used as proof of work authorization for I-9 purposes.

If you have any questions, please contact our law firm at 626-771-1078 or visit us at www.myfianceevisa.com


Faster Electronic Processing for Certain Visa Categories

In May, The NVC  started a new pilot program of electronically processing visa petitions.  Under this program all documents related to a case will be sent to Guangzhou electronically, rather than by mail. This should greatly improve the speed and efficiency of visa processing by avoiding delays due to postal service delivery.

The electronic processing option is available only for the U.S. Consulate Guangzhou, China and will initially be available only to immediate relatives of U.S. citizens over the age of 21 years (visa categories IR-1, IR-2, CR-1, CR-2, and IR-5). Unfortunately, the new process does not currently include K-1 fiance(e)s. Chinese fiancees will still need to submit paperwork to the U. S. Consulate General prior to their interview.

Hopefully they’ll incorporate the electronic processing soon for the K-1s as it looks to significantly speed up waiting times. Kudos to the NVC for its efforts to streamline the process.


Apply ASAP for summertime travel

Summer is here, and the USCIS issued a reminder that certain applicants needing to travel outside the U.S. must apply for permission to reenter the U.S.

Advance Parole is permission to reenter the United States after traveling abroad.  It allows an otherwise inadmissible individual to enter the United States due to compelling circumstances.  By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.  Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied. 

Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location. 

If your beloved is here in the U.S. contact us to see if s/he needs to apply for advance parole before leaving the U.S. Failure to do so could result in the applicant being forced to complete immigration processing outside the U.S.


Relief for widows and widowers of U.S. citizens

The DHS granted deferred action for two years to widows and widowers of U.S. citizens, including their children less than 18 years old, who reside in the U.S. and were married for less than 2 years prior to their spouses’ death. Deferred action doesn’t resolve the individual’s underlying immigration status, but it does suspend removal proceedings for a specific period of time.


How to Find a Local Civil Surgeon

I often get inquiries regarding how to find a local doctor authorized by the USCIS to to do medical exams. Click on this link to enter your zip code and find one nearby. https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV


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