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Due to the recent catastrophic disasters in Chile, the U.S. Citizenship and Immigration Services has implemented certain immigration benefits for eligible Chilean Nationals. Unlike the steps take for temporary protected status after the devastating earthquake in Haiti, no such protection has been created for Chilean Nationals.

The temporary relief measures currently available for Chilean nationals may include: (1) grant of change of status or extension of a nonimmigrant status even when the application is submitted after the applicant’s authorized stay has expired; (2) re-parole of individuals previously granted parole; (3) extensions of certain advance parole approvals and expedited processing of advance parole applications; (4) expedited and approval, if qualified, for off-campus employment authorization for F-1 students; (5) expedited processing of I-130 immigrant visa petitions for qualifying immediate relatives of U.S. citizens and lawful permanent residents; (6) expedited issuance of employment authorization; and (7) assistance to stranded green card holders without documents in conjunction with the Department of State.

It is important to note that these relief measures must be requested. At the Visa Lawyer Group, our attorneys always remain current on developing stories and their impact on immigration laws. We are an immigration law firm that provides legal assistance to clients around the world. Our immigration lawyers can be contacted to work on a variety of immigration related issues. For more information please ,schedule a free consultation, email us at info@visalawyergroup.com or call us at (845) 353-3500.

In any marriage based immigrant petition, the first step is always to file an I-130 immigrant visa. The I-130, also know as a marriage visa, is filed by the U.S. citizen spouse. At time of filing the Petitioner will need to prove to USCIS that he/she and the foreign national entered the marriage in good faith and not strictly of immigration purposes. Proof can be provided in the form of evidence of the relationship prior to the marriage. Time and place of the marriage is usually not an issue with a marriage based visa petition.

The second step in the green card process is usually either Adjustment of Status or Consular Processing. If the foreign national is in the United States, he/she has the option of either filing for an adjustment of status here in the United States or applying for an immigrant visa at a Consulate abroad via consular processing. If foreign national decides to file for Adjustment of Status, he/she would file an AOS Application for Roar along with the I-130 Marriage Petition. Once the petition is filed, the foreign national may have restrictions on travel outside the U.S. He/she will have to apply for Advance Parole, a form of travel permission, before any travel outside the United States can take place. If the foreign national leaves without permission, the application is deemed abandoned. The foreign national would apply for Advance Parole along with the Adjustment of Status Application. Once both, I-130 and I-485, applications are processed the Petitioner and Beneficiary will have to submit to a joint marriage interview before an immigration officer. When approved, the foreign national’s passport will be stamped and he/she will receive a physical card in the mail. It is very important that any application for advance parole is filed prior to the expiration of the foreign national’s current I-94. It is important to note that if the foreign national has incurred any unlawful presence in the United States then any travel outside the United States, even with an approved advance parole, is prohibited. If the foreign national leaves the U.S. then he/she may become subject to the 3 or 10 year bar. Please consult a qualified visa attorney before making any travel arrangements.

If the foreign national decides to apply for an immigrant visa at a U.S. Consulate abroad, then the Petitioner would file what is called a stand alone I-130 Marriage Visa Application. Once the petition is approved, the application will be sent to the National Visa Center (NVC) for processing. NVC will request documentation and once submitted will send the application to the U.S. Embassy having jurisdiction over the Beneficiary’s place of residence. The foreign national will have to submit to an interview at the Embassy. Once interviewed and approved, the foreign national’s passport will be stamped and he/she will have six months within which to move to America. The foreign national will enter the United States as a green card holder and receive a physical card in the mail. Unlike the requirement to obtain an advance parole for travel, a foreign national with just a stand alone I-130 pending has no restrictions on travel. For example, foreign nationals from Visa Waiver countries have traveled in and out of the United States while their I-130s have been pending. They do have to show non-immigrant intent via ties to the foreign country including children, work commitments and a return ticket.

Visa Lawyer Group is an immigration law firm that provides legal assistance to clients around the world. Our immigration lawyers can be contacted to work on a variety of immigration related issues. For more information please schedule a free consultation, email us at info@visalawyergroup.com or call us at (845) 353-3500. Our immigration and visa lawyers are based in New York with offices in Nyack and Manhattan. Learn more about Visa Lawyer Group.

U.S. CITIZENSHIP AND INTEGRATION GRANT PROGRAMS

In an effort to promote integration and help lawful permanent residents prepare for U.S. citizenship, the U.S. Citizenship and Immigration Services announced the availability of two different grants. The grant programs for the Fiscal Year 2010 will make nearly $7 million available for citizenship education across the United States. The money can only be used to provide direct citizenship services to legal permanent residents. Permissible programs under the program include (1) citizenship or civic focused English as a Second Language (ESL) instruction; (2) citizenship instruction; (3) providing educational resources such as textbooks, language software, computers, etc); and naturalization application assistance (including legal services).

Attaining U.S. citizenship is the ultimate goal of a foreign national looking to permanent settle in the United States. The naturalization process can be daunting and should be taken very seriously. Many important rights and privileges are attached to citizenship including the right to vote in local and federal elections, U.S. citizens receive priority placement in bringing certain family members (i.e.marriage based I-130 immigrant visas) to the United States permanently; ability to travel with a U.S. passport; and eligibility for federal jobs.

The U.S. Embassy in Kingston, Jamaica has announced that as of March 24, 2010 all non-immigrant visa applicants must submit their applications online. The Department of State has changed the forms for all non-immigrant visa applications. The new DS-160 form replaces the current DS-156 non-immigrant visa application. The new form is completed online and the information is submitted to the U.S. Embassy electronically. This move to go paperless was made in an effort to improve efficiency, accuracy and security for all visa applicants.

The new form will be available online beginning March 4, 2010 and the paperless system will go into effect on Marcy 24, 2010. After that date, non-immigrant visa applicants must bring a printed DS-160 confirmation sheet, passport, and a visa application fee paid receipt from any National Commercial Bank Jamaica Branch. Please keep in mind that only the visa application process at the U.S. Embassy has changed. All non-immigrant visa applicants will still be required to attend an interview where their qualifications for a visa will be determined.

At the Visa Lawyer Group, our visa lawyers stay current on all the developing changes to U.S. immigration policies. Ensuring a smooth immigration process is our priority. To learn more about our services or to speak to one of our attorneys, please schedule a free consultation with us today.

The Department of States has issued new procedures for adjudication of I-129F at the U.S. Consulates/Embassies around the world. These new procedures apply to K-3 Visa Petitions filed by a U.S. citizen spouse. A K-3 Visa Petition allows the spouse of a U.S. citizen to come to the United States while the I-130 is being processed. In order to qualify for a K-3 Visa, a marriage based immigrant visa petition must first be filed by the U.S. citizen spouse. Once the marriage based visa petition is filed and a receipt notice received the petitioner can file for a K-3 non immigrant visa petition.

Effective February 1, 2010, if the National Visa Center (NVC) receives approvals for both the K-3 non immigrant visa petition and the marriage based immigrant petition at the same time the National Visa Center will administratively close the K-3 visa petition and process the marriage based immigrant visa instead.

If the National Visa Center does not receive both at the same time it will process the K-3 non immigrant visa petition. National Visa Center will send the petition to the Embassy/Consulate in the country where the marriage took place. If the marriage took place in the United States, National Visa Center will send the petition to the embassy/consulate in the country of your nationality.

At the Visa Lawyer Group, our attorneys stay current on all the developing changes to U.S. immigration policies. Ensuring a smooth immigration process is our priority. To learn more about our services or to speak to one of our attorneys, please contact Visa Lawyer Group today.