Family-based Immigration

The U.S. Citizenship and Immigration Services (USCIS) announced that it will transition the intake function of several of its forms from the Service Centers to a Lockbox network. USCIS has decided to centralize its form and fee intake which it hopes will improve efficiency in the initial process.

The current forms scheduled for this transition include:
I-817, Application for Family Unity Benefit
I-526, Immigrant Petition by Alien Entrepreneur
I-539, Application to Extend/Change Nonimmigrant Status
I-129F, Petition for Alien Relative Fiance
I-140, Immigrant Petition for Alien Worker

The transition period started in the middle of last month with the Service Centers forwarding applications to the USCIS Dallas and Phoenix Lockbox for processing. Later on this month, USCIS will post the revised filing instructions, update the web page for each form, and announce the address change.

Please refer back to this site for the most updated information and resources related to U.S. immigration law.

The Haitian Government has requested a final list of orphans being considered under the Special Humanitarian Parole Program for Haitian Orphans. In response, the U.S. Citizenship and Immigration Services (USCIS) has stopped accepting new requests for consideration under the special program as of today, April 14, 2010. After today, USCIS will resume processing of inter-country adoptions.

More than 1,000 orphans have been authorized parole under the special program since January 18, 2010. According to U.S. Citizenship and Immigration Service, 340 more cases are currently being considered. This program included provisions to protect the children. In particular, it ensured that each child granted parole was truly available for adoption and was matched to a suitable U.S. citizen for adoption.

In the aftermath of the January 12 earthquake, the Department of Homeland Security authorized parole for two specific and limited groups of Haitian children: (1) Children who either had full and final adoptions completed by their U.S. parents before the earthquake and who were legally confirmed as eligible for inter-country adoption by the government of Haiti and (2) Children who were far enough along in the adoption process that both the U.S. and Haitian governments could verify the identity and eligibility of the children for adoption and the U.S. government could confirm the suitability of the adoptive parents.

From today onward, every inter-country adoption case involving Haitian orphans will be processed through normal channels. The Haitian government has begun accepting new documents for adoption cases and the U.S. Embassy in Port-au-Prince has resumed regular processing.

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.

On Monday, March 22, 2010, the U.S. Supreme Court decided to hear the arguments in Ruben Flores-Villar v. United States. At the crux of the argument is the disparate treatment given to children of U.S. citizen mothers as opposed to U.S. citizen fathers. Under the current law, children born abroad to a U.S. citizen mother have an easier time attaining U.S. citizenship as opposed to children born abroad to a U.S. citizen father. The U.S. Supreme Court will decide whether the U.S. immigration laws in this area create a gender bias. In the instant case, Ruben Flores-Villar was born in Tijuana, Mexico to a Mexican mother and a U.S. citizen father. Mr. Flores-Villar applied for U.S. citizenship in 2006 in an effort to fight off criminal charges resulting in a deportation order. Mr. Aguilar argued that his biological relationship to his U.S. citizen father granted him U.S. citizenship. The courts said that Mr. Flores’s father did not meet the requisite residency requirement needed under the law. The area of birth-right citizenship has always been a contested area of law. For example, under the current law any child born on U.S. soil is considered a U.S. citizen. Even if the child was born to undocumented parents and this has raised many issues in the ever present immigration debate. Hopefully this case will lead to clarification and uniformity in area of immigration law. The case will be heard before the Supreme Court in Spring, 2010.

For more information read the New York Times

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 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.

My Marriage Fell Apart, What is Going to Happen to Me?

Marriage is a union between two individuals. It is a promise made between two people to take care of each other until their dying breath. Marriage works in theory but the reality of the situation is that sometimes what started out as a genuine affection turns into something else. The truth is that sometimes marriages just don’t work out. In normal circumstances when a marriage falls apart, the couples file for divorce and go their separate ways. But what happens if one of the spouses is a conditional green card holder? This area of immigration law is very complex and shaped by case law on a regular basis which is why an immigration or visa lawyer may be necessary.

Ideally, if you received a green card through marriage to a United States Citizen and the marriage was less than two years old at the time of filing then certain conditions will apply. First of all, the foreign national applicant will only receive a two year conditional green card at the end of which the green card would expire. This condition was created to weed out marriage fraud. The theory behind it was that if your marriage is genuine it will last for the entire two years and if it was not the marriage would fail. Secondly, any foreign national who holds a conditional green card is required to file a joint petition to remove the conditions within 90 days of the two year marriage anniversary. If the couple is together, the joint application is submitted along with supporting documentation and it is normally approved based solely on the submitted paperwork.

Although many couples file joint petitions, sometimes the marriages that were genuine at first fall apart within two years. U.S. immigration policy makers understand that sometimes thing happen and have allowed foreign nationals file for removal of conditions on their own. The immigration system has adjudicated and approved many cases where the marriages were entered into in good faith but due to some circumstances they did not last. If a joint petition is not possible due to death, divorce or separation, the foreign national can file for a waiver of the requirement to file a joint petition to remove conditions. The foreign national has to prove that although the marriage was entered into in good faith it has now ended. Timing is very important when it comes to removal of condition cases. When you file is just as important as what you file.

Foreign nationals who will need to file a waiver of the joint petition requirement should speak to an experienced U.S. visa lawyer. A qualified immigration attorney will sit down with you and discuss all of your options. Misunderstanding the timing and procedures involved can lead to the denial of your application and the initiation of removal proceedings against you. Please remember that policy and case law in this area of immigration law is constantly changing so having an attorney in your corner can be very helpful.

Visa Lawyer Group provides individuals with expertise in immigration and visa laws. Our immigration and U.S. visa lawyers will help you process your I-751 Removal of Conditions so that you can stay in the U.S. even if your marriage did not work out. You can contact us at (845)-353-3500 or info@visalawyergroup.com. You can also schedule a free consulation or chat online with one of our lawyers by clicking on the chat button in the corner of the screen. Visa Lawyer Group has offices in New York so please visit our immigration and visa lawyers in our Nyack, New York and Manhattan, New York City offices.