Immigration Law blog

The National Visa Center (NVC) has ceased collecting original civil documents in support of immigrant visa (IV) applications as of November 12, 2014. Applicants must submit photocopies of supporting documents (such as birth, marriage, and police certificates) and bring their original documents to their interviews for review at the designated US Embassy. This however, does not include the Affidavit of Support forms, which petitioners will still submit to NVC for initial evaluation. New Instructions to Applicants After applicants and petitioners collect the Affidavit of Support form(s), financial evidence, and supporting civil documents, they must submit all of the documents to…Read More

USCIS, today published additional frequently asked questions on immigration application based on same-sex marriages. This is a follow-up on its recent announcement of accepting and adjudicating same-sex Immigration applications in the same manner as opposite-sex couples in compliance with the recent supreme court decision declaring section 3 of DOMA unconstitutional. Below are the New Frequently Asked Questions published today. Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa? A1: Yes, you can file the petition. You may file a Form I-130…Read More

DOMA Ruling and Same-Sex Marriage Benefits US Citizen and Lawful Permanent Resident same-sex couples married to foreign nationals are now eligible to file Immigration applications on behalf of their same-sex spouse after the recent Supreme Court decision holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. Section 3 of the Defense of Marriage Act states: “The word ‘marriage’ means only a legal union between one man and one woman as spouses, and the word ‘spouse’ refers only to a person of another sex who is a partner.” Secretary of Homeland Security Janet Napolitano announced on July 1, 2013,…Read More

U.S. Citizenship and Immigration Services (USCIS) on May 6th 2013, implemented a new program called Customer Identity Verification (CIV) in its field offices. USCIS will require individuals to submit fingerprints and photographs when they appear at local offices for interviews or to receive evidence of an immigration benefit, such as temporary travel documents, parole authorizations, and temporary green card stamps on passports or Forms I-94 to show evidence of lawful permanent resident status. USCIS staff will take two fingerprints and a photograph of the individual in order to re-verify their identity. Once individuals satisfactorily complete customer identity verification, they will…Read More

Today, the Senate introduced the long-awaited immigration bill: Border Security, Economic Opportunity, and Immigration Modernization Act of 2013. You can find the outline and highlights of the bill here. Today, the Senate introduced the much-anticipated immigration bill: The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013. This comprehensive legislation addresses key areas of immigration reform, including enhanced border security measures, pathways to citizenship for undocumented immigrants, and modernized visa programs for workers and families. The bill proposes a merit-based immigration system aimed at supporting economic growth and innovation while ensuring fair opportunities for immigrants seeking to contribute to the U.S.…Read More

President Obama's Proposed Comprehensive Immigration Reform Bill: According to the fact Sheet released by the white house on January 29th, 2013 titled “Fixing our Broken Immigration System so everyone plays by the Rules “AILA InfoNet Doc. No. 13012946, President Obama acknowledged that America’s immigration system is broken, and it is time to fix it in a way that requires responsibility and accountability from everyone. Below is a summary of the key principles President Obama proposed. He believes these should be included and covered in a common-sense immigration reform bill or legislation. Continuing to Strengthen Border Security According to the President's…Read More

One of the requirements of eligibility for the Provisional Unlawful Presence Waiver is the approval of an Immediate Relative Petition (Form I-130 or I-360) and the payment of the Immigrant Visa and Affidavit of Support fee to the Department of State (DOS). Non-US Citizens who had already scheduled their Immigrant Visa interviews before January 3rd, 2013, do not qualify. This date marks the publication of the final rule for the Provisional Unlawful Presence Waiver process. The date of scheduling by DOS is the relevant and controlling date. It is not the date and time the applicant must appear for the…Read More

Eight Senators; Schumer, McCain, Durbin, Graham, Menendez, Rubio, Bennet, and Flake recently came together to propose an Immigration reform legislation which they announced on January 28th 2013. The senators proposed immigration reform legislation with four parts, summarized below. I. Creating a Path to Citizenship for Unauthorized Immigrants Already Here  According to the senators, the proposed legislation will ultimately provide a tough, fair, and practical roadmap to address the status of unauthorized immigrants in the United States particularly because it is contingent upon the success of securing the US borders and furthermore addressing the issue of individuals who overstay their authorized…Read More

In the Provisional Unlawful Presence Waiver process, the waiver, by itself, does not convey a legal status. It is a secondary benefit to a primary application that would give a non-US Citizen legal immigrant status. The primary application is the Immigrant Visa, over which the Department of State (DOS)  has jurisdiction. The Provisional waiver only addresses grounds of inadmissibility (unlawful presence) that may prevent DOS from issuing the Immigrant Visa at the time of the applicant’s interview abroad. If USCIS approves the provisional waiver and DOS approves the Immigrant Visa, Customs & Border Protection (CBP) will inspect and determine the…Read More

HAPPY NEW YEAR! I hope this year will be the year of the much-anticipated Immigration Reform. This year started off right with the publication of the final rule of the Provisional Unlawful Presence Waiver. U.S. Citizenship and Immigration Services (USCIS) published a proposed rule on the provisional unlawful presence waiver on April 2, 2012, to allow certain immediate relatives of U.S. citizens who are seventeen years old and physically present in the United States but ineligible for lawful permanent resident status (green card) within the U.S., due to their unlawful presence in the US, to request provisional unlawful presence waivers…Read More