Archive for the ‘Family based Immigration’ Category

Electronic Filing Required at the following Consular Posts

Friday, August 27th, 2010

The United States is now requiring electronic processing of cases at the following consulates:

  1. Ashgabat, Turkmenistan
  2. Ciudad Juarez, Mexico (if the case number starts with MEP)

These consulates allow the option of Electronic Case processing:

  1. Guangzhou, People’s Republic of China
  2. Montreal, Canada

The cases which are being electronically processed are:

  • CR1 Conditional Spouse of United States Citizen
  • CR2 Conditional Child of United States Citizen
  • IR1 Spouse of United States Citizen
  • IR2 Child of United States Citizen

Please do not send original documents to NVC if you are using electronic case processing, the original documents will have to be hand carried to the consulate and the NVC will not return original documents.

Below are links to the individual programs.


Poverty Guidelines due to change January 2011

Friday, August 6th, 2010

HHS Notice re Poverty Guidelines
"This notice provides a delayed update of the Department of Health and Human Services (HHS) poverty guidelines for the remainder of 2010, and until the 2011 poverty guidelines are published, which is expected to occur in late January 2011." Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010

Aytes on registration

Wednesday, July 7th, 2010

“[T]here are several situations in which aliens in the United States have been lawfully admitted, or are pursuing a process for obtaining a lawful status under Federal immigration law, but will not have filed an application or other form that has been designated as complying with registration requirements, and will not have been issued a document designated as evidence of registration. Nonetheless, DHS is aware of their presence through the processes provided by federal immigration law and may, in certain cases, have affirmatively decided not to pursue either removal or criminal prosecution.” June 22, 2010, filed with USA v. Arizona.

Effects of Puerto Rico Birth Certificate Invalidation on USCIS Benefit Seekers

Tuesday, July 6th, 2010

WASHINGTON—On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure certified copies of birth certificates to U.S. citizens born in Puerto Rico, because of a new Puerto Rico birth certificate law.  After September 30, 2010, all certified copies of birth certificates issued prior to July 1, 2010, will become invalid.   After September 30, 2010, USCIS will not accept any certified copies of Puerto Rico birth certificates (PRBC) issued before July 1, 2010 for the purpose of establishing eligibility for immigration benefit petitions and applications.

Petitioners and applicants may continue to submit PRBCs issued before July 1, 2010, to establish United States citizenship or a familial relationship through September 30, 2010.  USCIS will honor PRBCs in support of immigration filings if received on or before September 30, 2010, even if the adjudication takes place after the PRBC becomes invalid.

If an invalid PRBC is submitted in support of a petition or application, USCIS will notify the appropriate individual and give that individual the opportunity to submit a new, valid birth certificate.

Does an invalid birth certificate affect my citizenship status?
No, this law invalidates only the birth certificate.  It does not change a person’s citizenship status.

What if I already submitted a Puerto Rico birth certificate and my case has not been decided?
If you have already submitted a Puerto Rico birth certificate, the new Puerto Rico law will not affect the adjudication of your case.

How do I get a new Puerto Rico Birth Certificate?
Individuals who were born in Puerto Rico and are now living elsewhere can apply for a new birth certificate on-line or by mail.  Mailed applications will not be accepted until after July 1, 2010.

Changes to Processing of Applications for Returning Resident Status

Friday, July 2nd, 2010

Changes to Processing of Applications for Returning Resident Status
“9 FAM 42.22 Notes has been updated to provide guidance on the processing of applications for special immigrant Returning Resident (SB) visas for lawful permanent resident (LPR) aliens who were unable to return to the United States within the validity of their I?551 Permanent Resident Card or reentry permit. The guidance covers where applicants are able to file their DS?117 Application to Determine Returning Resident Status, how post should process such applications, and new procedures for the creation of a permanent refusal record for denied DS?117 applications.” DOS, May 2010.

Love and Marriage

Tuesday, June 22nd, 2010

A recent New York Times article linked to a USCIS Fraud Referral Sheet, a sort of a field officer’s guide to general and case-specific fraud indicators.
In the I-130 family-based context, listed fraud indicators include features that can be found in a great many marriages in America: “unusual cultural differences,” “low employment/financial status of petitioner,” and “divorce/new marriage dates close.”
Another listed fraud indicator is “short time between entry and marriage,” which is of course something parents and priests have longed warned against.
In a follow-up article, the Times listed sample marriage interview questions meant to ferret out fraud. Among the examples:
⇒ If you are standing at and facing your kitchen sink, where is the microwave oven?
⇒ Is your microwave stationary or does it have a revolving plate?
⇒ Do you have any tattoos? Where? What do they look like? What about your spouse?
⇒ If you are lying in bed, which side does your spouse sleep on?
⇒ How is your bedroom closet split up?
⇒ Where do you keep your clean underwear?
⇒ Do you and your spouse use birth control? What kind?
⇒ What was the last movie you went out to see together?
Although the Times readership generally comprises people who do well on tests, many readers who have written into the paper claim to have failed this one, and miserably. Some representative responses:
“My wife and I got eight answers wrong! We’re both American citizens who’ve been married 10 years. If one of us were an immigrant, he/she’d probably be on a boat right now.”
“My husband and I have been happily married for 38 years but I’m sure he couldn’t answer many of these questions. I’m going to start packing his bags.”
“I think that we met in December, On second thought maybe September, But now it appears After Sixty great years, The truth is I just don’t remember.”

Combo EAD/AP card in the works

Thursday, June 10th, 2010

“USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.”

USCIS Proposes to Raise Fees more than 10%

Thursday, June 10th, 2010

Application/Petition Description

Current Fees

Proposed Fees

Percentage Changed

I-90 Application to Replace Permanent Resident Card

$290

$365

25.86%

I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document

$320

$330

3.13%

I-129 Petition for a Nonimmigrant worker

$320

$325

1.56%

I-129F Petition for Alien Fiance(e)

$455

$340

-25.27%

I-130 Petition for Alien Relative

$355

$420

18.31%

I-131 Application for Travel Document

$305

$360

18.03%

I-140 Immigrant Petition for Alien Worker

$475

$580

22.11%

I-290B Notice of Appeal or Motion

$585

$630

7.69%

I-360 Petition for Amerasian, Widow(er) or Special Immigrant

$375

$405

8.00%

I-485 Application to Register Permanent Residence or Adjust Status

$930

$985

5.91%

I-526 Immigrant Petition by Alien Entrepreneur

$1,435

$1,500

4.53%

I-539 Application to Extend/Change Nonimmigrant Status

$300

290

-3.33%

I-600/600A Orphan Petitions

$670

$720

7.46%

I-687 Application for Status as a Temporary Resident

$710

$1,130

59.15%

I-690 Application for Waiver on Grounds of Inadmissibility

$185

$200

8.11%

I-694 Notice of Appeal of Decision

$545

$755

38.53%

I-698 Application to Adjust Status From Temporary to Permanent Resident

$1,370

$1,020

-25.55%

I-751 Petition to Remove Conditions on Residence

$465

$505

8.60%

I-765 Application for Employment Authorization

$340

$380

11.76%

I-817 Application for Family Unity Benefits

$440

$435

-1.14%

I-824 Application for Action on an Approved Application or Petition

$340

$405

19.12%

I-829 Petition by Entrepreneur to Remove Conditions

$2,850

$3,750

31.58%

Civil Surgeon Designation

0

$615

*

I-924 Application for Regional Center Under the Immigrant Investor Pilot Program

0

$6,230

*

N-300 Application to File Declaration of Intention

$235

$250

6.38%

N-336 Request for Hearing on a Decision in Naturalization Proceedings

$605

$650

7.44%

N-400 Application for Naturalization

$595

$595

0.00%

N-470 Application to Preserve Residence for Naturalization Purposes

$305

$330

8.20%

N-565 Application for Replacement Naturalization/Citizenship Document

$380

$345

-9.21%

N-600/N-600K Naturalization Certificate Applications

$460

600

30.43%

Waiver Forms (I-191, I-192, I-193, I-212, I-601, I-612)

$545

$585

7.34%

Immigrant Visa

$0

$165

*

Biometric Services

$80

$85

6.25%

Draft I-130 denial language memo for comment

Wednesday, June 9th, 2010

If you disagree with this decision, you may appeal it by filing a completed Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a USCIS Officer. Although the appeal will be decided by the Board of Immigration Appeals (BIA), you must send the Form EOIR-29 and all required documents, including the appropriate filing fee, to the [INSERT NAME OF DENYING OFFICE HERE] at the following address: [INSERT ADDRESS HERE]. The Form EOIR-29 must be received within 30 days from the date of this decision notice. The decision is final if your appeal is not filed within the time allowed.
If you wish to be represented on appeal, your attorney or accredited representative must submit Form EOIR-27 with Form EOIR-29.
If you or your attorney wishes to file a brief in support of your appeal, the brief must be received by the USCIS office where you filed your appeal either accompanying your appeal or no later than 30 days from the date of filing your appeal. After 30 days from the date of filing your appeal, your appeal will be sent for further processing, and any brief regarding your appeal will no longer be accepted by the USCIS office.

I-751 which is the correct receipt number?

Wednesday, June 2nd, 2010

Please be aware that the receipt number listed on a receipt notice for Form I-751, Petition to Remove the Conditions of Residence is not the actual receipt number for that case. In fact, if the receipt number shown on the receipt notice for the I-751 is tracked through the USCIS online case status, an error message will appear. The correct receipt number for an I-751 is listed on the I-751 biometrics notice.  USCIS has been made aware of the problem, but not time frame has been given to correct this.

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