Immigration resource news magazine for United states of america» USA immigration law

No More DACA Deal? TN For Mexico in Crisis!

Tiyalaw — Sun, 01 Apr 2018 22:11:22 +0000

No More DACA Deal? TN For Mexico in Crisis!

This morning, President Trump tweeted: “NO MORE DACA DEAL!” and threatened to terminate NAFTA with Mexico if it doesn’t stop people from flowing through Mexico’s Southern Border and then into U.S.

It is unclear if the tweet represents a change on DACA policies. Although rescinded by President Trump, The Deferred Action for Childhood Arrivals (DACA) program’s cancellation is being partially postponed by court action. Currently, U.S. Citizenship and Immigration Services (USCIS) is not accepting DACA applications from individuals who had never been previously granted DACA. The benefits of having an approved DACA are the ability to apply for a work permit and deferred removal actions from the U.S.

The North American Free Trade Agreement (NAFTA) is an agreement of special economic and trade relationships for the United States, Canada and Mexico. Under NAFTA, eligible Mexican and Canadian citizens may apply for TN classification to perform professional business/work activities in the U.S. Unlike H-1B Cap Petition, TN is not subject to an annual visa cap.

April 1, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-822four & email to info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We focus on diverse immigration cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families; I-140 for employment green card; I-485 Adjustment Applications; I-765 work permit; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; N-400 Naturalization/Citizenship; N-648 Medical Waiver; I-212 waiver for deportation or removal order; J waiver; other waivers; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS; cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence (RFE); NOID Notice of Intention to Deny (NOID), and others.

More News

Experiencing Green Card Delays? Waiting for Immigrant Visa Numbers? Opening a business or investing in the U.S.? Are you an Inventor or skilled worker in the U.S.? November 20, 2014 Executive Actions

Tiyalaw — Wed, 21 Jan 2015 22:13:37 +0000

Experiencing Green Card Delays? Waiting for Immigrant Visa Numbers? Opening a business or investing in the U.S.? Are you an Inventor or skilled worker in the U.S.? November 20, 2014 Executive Actions

The President announced various executive actions on November 20, 2014 relating to, among other things, green card and temporary visa matters. Some of them are outlined below.

The executive actions are calling for the U.S. Citizenship and Immigration Services (USCIS) to work with the U.S. Department of State (DOS) to make efficient use of authorized immigrant visa numbers, and better determination of immigrant visa number availability. Various types of green card cases are subject to visa number quota. [Hopefully, the changes may improve visa number availability such as immigrant visa numbers becoming current.]

Additionally, the executive actions are requesting the USCIS to relax job or adjustment portability for delayed or lengthy adjustment of status cases. I-485 Adjustment of Status is the final stage in a green card process. Many adjustment cases remain pending or are delayed because of immigrant visa number unavailability (immigrant visa number not current). Currently, a foreign national in an employment green card may change or port to a different employer before his/her green card is approved, when the adjustment case has been pending for a certain period of time. Presently, such job change or portability is restricted to the same or similar green card job classification, which is narrowly interpreted. Thus, a foreign national who has changed job under the adjustment-of-status portability but who does not have an H-1B or another temporary work visa for the new job may possibly face removal or deportation proceeding. [Hopefully, the changes may allow eligible adjustment applicants to transfer or port to a wider range of jobs.]

In improving the U.S. economy, the executive actions are asking the USCIS to:

Clarify the standard for green card national interest waiver cases for founders of start-up businesses, foreign investors or researchers. National interest waiver is a process for an eligible foreign national who has an advanced degree or exceptional ability to apply for green card without the PERM permanent labor certification process. His/her contributions or skills must be of U.S. national interests. [Hopefully, these changes may mean widening the range of evidence that would constitute exceptional ability or U.S. national interests.]
Parole, on a case-by-case basis, eligible founders of start-up businesses, foreign investors or researchers. This is for a foreign national who has not yet met the national interest waiver standard, and:

(a) Who has been awarded substantial U.S. investor financing; or

(b) Who has the potential for innovation and job creation through the development of new technologies or cutting-edge research.

Spouses of certain H-1B employees who are in certain green card process may apply for work permit (employment authorization document/EAD). H-1B visa is for job that requires at least a bachelor’s degree or equivalent in a relevant field.

There may be further clarification and consistency on what constitutes specialized knowledge for employee transferring from company overseas into the U.S.

The above executive actions are not effective yet. The government will provide further clarifications and guidelines in the coming months. Please stay tune and sign up for our eNews for future updates.

For additional information on other types of recent executive actions, please visit: https://immigrationresource.net/in-the-u-s-illegally-need-to-fix-u-s-immigration-status-consider-applying-for-dapa-around-may-19-2015-expanded-daca-february-18-2015/

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship.

By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, illegal status, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals and families in U.S. Immigration & Nationality Law.

We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waiver and other immigration matters. For examples including, but are not limiting, extraordinary ability; national interest waiver; PERM with Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver for spouse, parent, son and/or daughter of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; consular processing via National Visa Centers; filing cases with the USCIS; filing cases with the U.S. Department of Labor; PERM audit; RFE Request for Evidence by USCIS; NOID Notice of Intention to Deny from USCIS; and Immigration Courts.

More News

Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration

Tiyalaw — Tue, 23 Dec 2014 16:02:47 +0000

Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration

The President announced important executive actions on November 20, 2014.

Undocumented parents of U.S. citizens and lawful permanent residents may request deferred action and apply for a 3-year work permit (employment authorization document/EAD) under the Deferred Action for Parental Accountability Program (DAPA). On November 20, 2014, they must be parents of U.S. citizens or lawful permanent residents born on or before November 20, 2014. Among other things, such parents must also have been continuously residing in the U.S. since January 1, 2010; and must have passed the required background checks. Eligible applicants should be able to apply for DAPA around May 19, 2015.

Additionally, the executive actions are expanding the categories of undocumented individuals who may apply for provisional waivers. Provisional waiver is a process for an eligible applicant to apply for approval of waiver of certain time bar prior to departing the U.S. for immigrant-visa consular processing. The waiver is for time bar that would have been triggered by by departing the U.S. after having certain period of unlawful presence in the U.S. The expanded provisional waiver is including those who have resided in the U.S. for at least 180 days; and who are spouses, or sons and daughters of green card holders, or sons and daughters of U.S. citizens.

The executive actions are also expanding DACA eligibility. DACA is Deferred Action for Childhood Arrivals. The executive actions are expanding work authorization to 3 years from 2 years; the age requirement to include those born prior to June 15, 1981; the continuing residence to include those residing in the U.S. since January 1, 2010 instead of June 15, 2007. All other DACA prior requirements must be met. Eligible applicants should be able to apply for this expanded DACA around February 18, 2015. The U.S. Citizenship and Immigration Services (USCIS) is already approving work permit/work authorization for 3 years for certain applications for DACA extensions.

These recent executive actions have not yet been implemented. Applications based on these new executive actions cannot be filed at this time until the anticipated dates above. The government will provide guidelines in the coming months. The guidelines may provide additional criteria. Please stay tune and sign up for our eNews for future updates.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship.

We represent employers, companies, and individuals and families in green card, citizenship/naturalization, and work visa matters in U.S. Immigration & Nationality Law. We also have a focus on naturalization and green card cases such as extraordinary ability, national interest waiver, PERM, family, and waiver cases. Additionally, we focus on temporary visas such as work visas, family visas, nonimmigrant visas, and waiver matters.

More News

New Executive Actions on U.S.A. Immigration

Tiyalaw — Thu, 20 Nov 2014 17:00:35 +0000

New Executive Actions on U.S.A. Immigration

The President announced important executive actions on November 20, 2014.

Undocumented parents of U.S. citizens and lawful permanent residents may request deferred action and apply for a 3-year work permit (employment authorization document/EAD) under the Deferred Action for Parental Accountability Program (DAPA). On November 20, 2014, they must be parents of U.S. citizens or lawful permanent residents born on or before November 20, 2014. Among other things, such parents must have been continuously residing in the U.S. since January 1, 2010; and must have passed the required background checks.

The executive action is expanding the categories of undocumented individuals who may apply for provisional waivers. It is including those who have resided in the U.S. for at least 180 days; and who are spouses or sons and daughters of green card holders, or sons and daughters of U.S. citizens.

These executive actions have not been implemented yet. The government will provide guidelines in the coming months. The guidelines may provide for additional criteria. Please stay tune and sign up for our eNewsletter for future updates.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship.

We represent employers, companies, and individuals and their families in green card, citizenship and work visa matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability, national interest waiver, PERM, family; and work visas, family visas, nonimmigrant, and waiver matters.

More News

PROPOSED IMMIGRATION REFORM SUMMARY: “BORDER SECURITY, ECONOMIC OPPORTUNITY, AND IMMIGRATION MODERNIZATION ACT”

Tiyalaw — Wed, 17 Apr 2013 23:01:12 +0000

PROPOSED IMMIGRATION REFORM SUMMARY

“BORDER SECURITY, ECONOMIC OPPORTUNITY, AND IMMIGRATION MODERNIZATION ACT”

On April 17, 2013, the U.S. Senate introduced proposed immigrant reform in an Immigration Bill: “Border Security, Economic Opportunity, and Immigration Modernization Act”. The proposed law included, but are not limited, to the following:

REGISTERED PROVISION IMMIGRANT (RPI)

A. Registered Provision Immigrant (RPI) status for undocumented persons in U.S. prior to December 31, 2011:

1. Eligibility:

(a) Continuous physical presence since December 31, 2011- certain exceptions apply such as brief trips after December 31, 2011.

(b) Derivative spouses and unmarried children also eligible if physically present when principal granted and present on December 30, 2012.

(c) Can apply for RPI status from outside U.S. if physically present in U.S. prior to December 31, 2011, were deported for non-criminal reason, and have USC or LPR spouse or child.

(d) Current removal proceedings or reinstatement does not bar eligibility.

(e) Public charge, labor certification and documentation requirements grounds of inadmissibility do not apply.

(f) Unlawful entry, stowaways, misrepresentation, and other grounds of inadmissibility do not apply unless inadmissible conduct after statute enacted.

(g) Failure to attend removal proceeding or prior removal grounds of inadmissibility does not apply unless after date of registration.

2. Ineligibility:

(a) If convicted of three misdemeanors or one felony, aggravated felony, voted unlawfully, national security, or health-related grounds — minor traffic offenses excepted AND conviction does not include an expungement.

(b) If green card status, refugee, valid non-immigrant status – except TPS status.

(c) Subject to grounds of inadmissibility not specifically exempted, but waivers available non-criminal, non-security related grounds of inadmissibility based on humanitarian concerns, family unity, public interest

3. Advantages:

(a) RPI status allows for protection from deportation, detention, work authorization, travel.

(b) No accrual of unlawful presence.

4. Application Process:

(a) Application period will be for one year after final regulation (possible 18 month extension).

(b) Pay filing fee, $500 penalty, and accessed taxes.

(d) Filing fee required for those 16 years old and over

(e) Biometrics and biographic will be conducted.

(f) Interview

5. Extension:

(a) RPI status renewable for an additional 6 year period upon payment of filing fee, $500 penalty, remains eligible, and maintenance of regular employment.

6. DACA Recipients’ Provisions:

(a) DHS may grant RPI status to DACA recipient if national security clearances and law enforcement clearances completed and no conduct since DACA approval that would make person ineligible for RPI.

B. Can apply to adjust to Green Card status after 10 years:

Some of the conditions included, but are not limited to:

Clearing of current family-based backlog and other matters.
Demonstrate continuous residence, payment of taxes, regular employment in U.S or poverty guidelines income, knowledge of English and civics, remains eligible for RPI (no denial or revocation).
Payment of filing fee and $1,000 penalty.
After 3 years, may apply for Naturalization after Green Card status.

DREAM ACT & GREEN CARD

DREAM ACT & applying for Green Card status for certain noncitizens who entered the U.S. as children:

1. Eligibility:

(a) RPI for five years.

(b) Younger than age 16 on date of initial entry to U.S.

(d) Has higher education degree or at least 2 years in good standing toward higher education degree; or has served in uniformed services for at least 4 years and, if discharged, received an honorable discharge. An exemption from this requirement is available based on hardship.

(e) Listing each secondary school attended in U.S.

(f) Has knowledge of civics and English; exception for physical or developmental disability.

(g) Time in RPI status can be considered as Green Card status for naturalization eligibility.

AGRICULTURAL WORKERS

1. Eligibility:

(a) Farmworkers who have been working in the U.S. for 100 “work days” in the last two years can qualify for Agricultural Card Program.

(b) They can apply for Green Card status after working in agricultural employment for either three years (at least 150 days/year) or five years (at least 100 days/year), show payment of taxes, no serious criminal conviction, and $400 fine.

(d) This streamlined agricultural guest worker program to replace current H-2A program and ensure adequate supply of farm laborers as well worker protections.

(e) W-2 visas will be for contract laborers; and W-3 visas will be for portable, at-will employment.

NONIMMIGRANT WORK VISA

Proposing an increase in annual cap on H-1B visas from 65,000 to 110,000 with gradual rise to 180,000 based on a High Skilled Jobs Demand Index
Protections for U.S. domestic workers by requiring employers to pay higher wages and undergo recruitment of U.S. workers.
Allocating more visas for those with degrees in science, technology, engineering, or mathematics (STEM), which could lead to Green Card status.
Providing a new W visa category for lower-skilled workers and their dependents.

Initial W visa will be for 3 years, extension available if not unemployed for more than 60 consecutive days.

Eligible employers must be registered and comply with worker protections.

There will be annual caps of W visas for first four years, beginning April 1, 2015 (20,000 for first year; 35,000 second year; 55,000 third year; 75,000 fourth year).

There will be a newly established Bureau of Immigration and Labor Market Research that will determine annual cap of W visas, declare shortage occupations, influence recruitment methods.

EMPLOYMENT VERIFICATION

Mandatory employment verification system (E-Verify) will be required. All employers must comply within five-years of issuance of implementing regulations; time frame varies depending on number of employees.
Non-citizens must show biometric work authorization card at time of hiring and be photo-matched with system.
U.S. citizens will undergo photo-matching of passports or drivers licenses.
Social security numbers will be “locked” into E-Verify system.

NATURALIZATION

English and civics requirements will not apply to: (a) those with mental or physical impairment ; or (b) 65 or older, been a Green Card holder for at least 5 years (new)
Civics requirement can be waived for anyone who’s at least 60 and has been an LPR for 10 years (new).
English not necessary if: (a) At least 50, and Green Card status for 20 years; (b) At least 55, Green Card status for 15 years; (c) At least 60, Green Card status for 10 years (new).

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship.

April 17, 2013: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent employers, and individuals and their families in green card, citizenship and work visa matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability, national interest waiver, PERM, family; work and related visa matters such as H, L, P, O, E, K.

More News

H-1B Visa Cap for FY 2014 Has Been Reached & Lottery Selection Conducted

Tiyalaw — Mon, 08 Apr 2013 20:15:51 +0000

H-1B Visa Cap for FY 2014 Has Been Reached & Lottery Selection Conducted

H-1B Annual Work Visa Cap

On April 5, 2013, the U.S. Citizenship and Immigration Services (USCIS) has received a high number of H-1B Cap Petitions and reached the 65,000 statutory cap for the 2014 fiscal year (FY). The USCIS has received more than 20, 000 H-1B Cap-Exempt Petitions for those under the U.S. advanced degree. During the period up to and including April 5, 2013, the USCIS around 124,000 H-1B petitions in total. After April 5, 2013, USCIS will not accept any more H-1B Cap Petitions and U.S. advanced degree H-1B Cap Exempt Petitions, for FY 2014.

On April 7, 2013, USCIS conducted computer-generated random selection process (lottery) to select a sufficient number of petitions needed to meet the caps of 65,000 for the H-1B cap category and 20,000 under the advanced degree exemption limit. Those not selected will be returned with filing fees. Random selection was conducted first for advanced degree H-1B petitions

USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for -1B Cap-Exempt Petitions for those under the U.S. advanced degree, and those not selected were processed under the 65,000 limit.

For this H-1B cap-season purpose only, USCIS will begin premium processing for H-1B cap cases on April 15, 2013.

What is an H-1B?

H-1B petitions are temporary work visas for positions requiring theoretical or technical expertise in specialized fields for qualified foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain lawful permanent residence status (also known as, green card).

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of circumstances.

Some H-1Bs Are Not Subject to H-1B Annual Work Visa Cap

Not all H-1B petitions are subject to annual visa cap, depending on the types of H-1B petition being filed, or the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them to extend their H-1B status, or to change or add H-1B employers.

Duration of H-1B

In general, H-1B petitions/work visas are approved for three years each time (up to a total of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

H-1Bs Not Selected or Filed When All H-1B Annual Work Visas Are Used Up

Potential H-1B candidates who do not make it to the Fiscal Year 2013 H-1B visa quota (October 1, 2012 employment start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to USCIS on or after April 1, 2013 (October 1, 2013 employment start-date or later) for the Fiscal Year 2014 H-1B visa quota. They can also consider other immigration options such as other nonimmigrant work status and self-petition green card filings, if eligible.

April 5, 2013: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

More News

H-1B Visa Cap for FY 2014 Has Been Reached

Tiyalaw — Fri, 05 Apr 2013 21:33:55 +0000

H-1B Visa Cap for FY 2014 Has Been Reached

H-1B Annual Work Visa Cap

On April 5, 2013, the U.S. Citizenship and Immigration Services (USCIS) has received a high number of H-1B Cap Petitions and reached the 65,000 statutory cap for the 2014 fiscal year (FY). The USCIS has received more than 20, 000 H-1B Cap-Exempt Petitions for those under the U.S. advanced degree. After April 5, 2013, USCIS will not accept any more H-1B Cap Petitions and U.S. advanced degree H-1B Cap Exempt Petitions, for FY 2014.

USCIS will contact a computer-generated random selection process (lottery) for all H-1B Cap Petitions received until April 5, 2013. All U.S. advanced degree H-1B Cap Exempt Petitions not selected within the 20,000 limit will be part of the lottery system.

What is an H-1B?

Some H-1Bs Are Not Subject to H-1B Annual Work Visa Cap

Duration of H-1B

H-1Bs Not Selected or Filed When All H-1B Annual Work Visas Are Used Up

More News

K-4 Visa Holder (Child of K-3 Visa as Spouse of US Citizen) Who Was Over 18 When K-3 Parent Married US Citizen Cannot Apply to Adjust to Green Card Status

Tiyalaw — Thu, 09 Aug 2012 11:00:23 +0000

K-4 Visa Holder (Child of K-3 Visa as Spouse of US Citizen) Who Was Over 18 When K-3 Parent Married US Citizen Cannot Apply to Adjust to Green Card Status

The BIA held that a K-4 derivative child of a K-3 nonimmigrant who married the United States citizen K visa petitioner after the K-4 child reached the age of 18 is ineligible for adjustment of status because (s)he cannot qualify as the petitioner’s “stepchild.” (Matter of Akram, 8/1/12)

K-4 visa is a derivative visa of parent’s K-3 visa (as the spouse of a United States citizen).

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. BIA decisions are binding on all U.S. Department of Homeland Security (DHS) officers and immigration judges unless modified or overruled by the Attorney General or a federal court.

August 8, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

This article is intended for informational purposes only, and should not be relied on as legal advice or an attorney-client relationship.

More News

USCIS Centralized I-601 and I-212 Inadmissibility Waiver Filings

Tiyalaw — Tue, 07 Aug 2012 11:53:32 +0000

USCIS Centralized I-601 and I-212 Inadmissibility Waiver Filings

Individuals outside the U.S. who have been found inadmissible by a U.S. consular officer for an immigrant visa or a nonimmigrant K or V visa, must now (since June 4, 2012) file their waiver applications directly to U.S. Citizenship and Immigration Services (USCIS) by mailing the application to a USCIS Lockbox facility in the United States instead of filing at their foreign location. These waiver applications are adjudicated at the USCIS Nebraska Service Center (NSC). The change affects waiver filings for:

Form I-601, Application for Waiver of Grounds of Inadmissibility,
Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if filed together with a Form I-601), and
Form I-290B, Notice of Appeal or Motion (if filed after a denial of a Form I-601 or Form I-212 by the NSC).

The waiver filing location changes afford several advantages:

§ Faster filing: Applicants can file a waiver application immediately after the consular interview. An applicant who files with the Lockbox does not need to wait for an appointment at a USCIS Field Office to file the waiver application and will not need to travel to the USCIS office.

§ Shorter processing time: The NSC’s goal is to process the waiver applications within 3 months.

§ Ability to track the progress of an application: Applicants who file waiver applications through the Lockbox can view the progress of their application online. This service is not available to applicants who file their waiver applications at USCIS international field offices.

Individuals in Mexico still have the option to file their waiver applications with the local USCIS Field Office in Ciudad Juarez, Mexico, in addition to the Lockbox, until Dec. 4, 2012 (transition period). However, those who choose to file their waiver applications at the Lockbox will experience certain advantages.

August 6, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

More News

K-4 Visa Holder (Child of K-3 Visa Spouse of US Citizen) Can Only Apply to Adjust to Green Card Status Based on Original K Visa Petitioner

Tiyalaw — Sun, 05 Aug 2012 11:00:50 +0000

K-4 Visa Holder (Child of K-3 Visa Spouse of US Citizen) Can Only Apply to Adjust to Green Card Status Based on Original K Visa Petitioner

In Matter of Valenzuela, 25 I&N Dec. 867 (BIA 2012), BIA holds that a K-4 visa holder cannot adjust status to U.S. permanent residence status based on her own subsequent marriage to a U.S. citizen, and could only adjust status based on the I-130 filed by the K visa petitioner (parent’s original petitioner for K-3 Spouse of US citizen).

K-4 visa is a derivative visa of parent’s K-3 visa (as the spouse of a United States citizen). The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws.

July 29, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.