Showing posts with label uscis. Show all posts
Showing posts with label uscis. Show all posts

Friday, August 23, 2019

What do the “Final Action Date” and “Dates for Filing Applications” mean on the Visa Bulletin?


In September 2015, the Department of State (DOS) and USCIS jointly announced a new procedure that allowed family and employment-based immigrant visa applicants currently waiting for a visa to start their immigration process or apply for adjustment of status before their Priority Date becomes available.
What do the “Final Action Date” and “Dates for Filing Applications” mean on the Visa Bulletin?
In visa categories which are oversubscribed, meaning that there is higher demand for visas than there are available, an applicant’s place in line is based on the date a petition is filed; called the Priority Date. DOS updates the Priority Dates monthly and publishes them in the DOS Visa Bulletin. USCIS also uses the Visa Bulletin for applicants who are eligible to adjust their status in the United States.

Beginning with the October 2015 Visa Bulletin, there are now two charts listing dates for each preference category and country of chargeability: (1) An "Application Final Action Dates" chart ("Final Action Date"); and (2) a "Dates for Filing Applications" chart ("Filing Date").


Applicants with Priority Dates earlier than the date listed on the "Filing Date" chart (also known as Table B) for their preference category and country of chargeability will be notified by the National Visa Center that they may submit their documentation and begin the application process. However, an interview and final decision on the application cannot take place until the Priority Date is current as per the Final Action Date (also known as Table A).

For example, in the Visa Bulletin for September 2019, under the F4 category (Brothers and Sisters of U.S. citizens), the Filing Date Table B Priority Date is 08MAR07 (March 8, 2007) while the Final Action Date Table A Priority Date is 01NOV06 (November 1, 2006). This means that applicants can begin their visa application process and submit their documentation if their Priority Date is on or before March 8, 2007. But they will still have to wait until their Priority Date on Table A becomes current before they can receive a visa.

The implementation of this new Filing Date chart was to create better efficiency for both applicants, who can begin to prepare their application in advance, and for better allocation of visas each month by the State Department. 

If you are in line waiting for a visa to become available, pay attention to the Filing Date chart to know when you can begin the application process, but understand you might still need to wait many more months before your visa number becomes available. 

For more information about the visa bulletin, contact us at …



ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488

Tuesday, August 13, 2019

USCIS Will Leave 7 International Offices Open

USCIS Will Leave 7 International Offices Open
In rare bit of positive news from the U.S. Citizenship and Immigration Service (USCIS), the agency has announced plans to maintain operations in seven international field offices in Beijing and Guangzhou, China; Nairobi, Kenya; New Delhi, India; Guatemala City, Guatemala; Mexico City, Mexico; and San Salvador, El Salvador. This is a shift from the original plan announced earlier this year to close all international field offices by early 2020. 

USCIS plans to close the remaining thirteen international field offices and three district offices between now and August 2020. The first planned closures are the field offices in Monterrey, Mexico, and Seoul, South Korea, at the end of September, although the office in Manila, Philippines has already ceased operations. The office in Bangkok, Thailand appears to remain on the list of one of the thirteen offices to be closed. 

Many functions currently performed at international offices will be handled domestically or by USCIS domestic staff on temporary assignments abroad. 

As part of this shift, the Department of State (DOS) will assume responsibility for certain in-person services that USCIS currently provides at international field offices. At this time it is unclear yet how the closings will impact those needing services in East and South East Asia once all but the China offices are closed. 

For more information about the closing of your local USCIS offices as well as the effects on your visa application matter, contact us today to schedule a consultation with experienced U.S. immigration attorneys.



ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488

Friday, August 9, 2019

What is an I-864 Affidavit of Support?

What is an I-864 Affidavit of Support?


A USCIS Form I-864 Affidavit of Support is required for many immigrant visa categories in order to show that the sponsoring petitioner (“Sponsor”) and/or immigrant has adequate means of financial support.

The I-864 is a contract between the Sponsor and the U.S. Government. By providing financial documentation showing that they have enough income or assets and in order to financially provide for the intending immigrant(s). 

The following immigrants are required to submit a Form I-864 completed by the Sponsor in order to qualify for an immigrant visa at a U.S. Embassy or Consulate abroad:
  • All immediate relatives of U.S. citizens (spouses, parents, children under the age of 21);
  • All family-based preference immigrants (unmarried sons and daughters of U.S. citizens 21 years and above, spouses and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, brothers and sisters of U.S. citizens);
  • Certain employment-based preference immigrants.
For more information or questions on filing an I-864 Affidavit of Support, contact us today and speak with one of our experienced U.S. immigration attorneys. 



ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
Email: info@enterlinepartners.com
Facebook: https://www.facebook.com/enterlineandpartnersconsulting/
Website: http://enterlinepartners.com

Monday, July 29, 2019

Information Seminar - What does the new EB-5 regulation mean and how will it affect me and my investors?

Information Seminar - What does the new EB-5 regulation mean and how will it affect me and my investors?

Wednesday, July 31st, 2019, 10:00 am – Enterline and Partners Consulting Office, 1A Cong Truong Me Linh, District 1, HCMC

As you know, the EB-5 Immigrant Investor Program Modernization regulation is scheduled to become effective on November 21, 2019. While some of the regulation is very clear, such as an increase to the minimum investment amount to US$900,000 Targeted Employment Area (“TEA”) and in a Non-TEA to $1.8 million, there are still many issues that are not so clear or obvious. 

Join us for an informational seminar where we discuss such issues as:

‘1. What happens to my Project after November 21st? Will it still qualify in a TEA? Can the project obtain funding and complete the project? What happens to existing investors if it fails to do so?

2. What effect will this have on my existing investors who have already filed an I-526 Petition? What if my project changes its offering documents to allow for the increased investment amount?

3. The rush to file petitions before November 21st – what are the risks? Recent USCIS policy in denying incomplete petitions. 

4. Will this regulation actually take effect in November? What might happen between now and then to stop or delay it?

5. How to make sure your investor can qualify for the lower investment amount? What are the potential problems, e.g., timing of investment and using an escrow; is the project still in a TEA?

6. How does the regulation relate to the September 30th sunset of the Immigrant Investor Program?

7. What does it mean to “retain the Priority Date” of an earlier approved petition? Does my investor have to invest more money? At what amount? 

Many of the answers to these questions are not so clear and there are many other questions which have not even been asked. Join us for a discussion of these questions and answers from our experienced EB-5 lawyer David Enterline.

This event is unlimited registration, contact at:

ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
Email: info@enterlinepartners.com
Website: http://enterlinepartners.com

Wednesday, July 24, 2019

Enterline and Partners Affiliate Office Successful in Expedited Processing for Same-Sex Couple at US Consulate in HK



In a related case, we recently assisted an U.S. citizen and his same-sex spouse, who were married in the U.S. but living in Asia, in an expedited filing (I-130) directly with the U.S. consulate in Hong Kong. See our article about this process here. The expedited filing was accepted primarily based on a job transfer back to the U.S. After the filing was accepted, the U.S. citizen interviewed and his petition was approved in two days. The spouse then completed visa processing and received his visa (CR-1) three days after interviewing. The whole process from filing to approval took 5 weeks, as compared to 12-18 months for the normal process. 
Enterline and Partners affliate office Successful in Expedited Processing for Same-Sex Couple at US Consulate in HK

For clients in Taiwan, or anywhere else in Asia, in similar situations – be it a job transfer or medical emergency – we are confident that we can replicate results for expedited processing if the appropriate documentation is available. If expedited processing is for some reason not an option, we can also assist in filing the required paperwork with USCIS in the United States. This, of course, takes longer. 

If you are interested in more information on our services, please contact us at info@enterlinepartners.com or +8493-330-14-88 and arrange to speak with one of our experienced U.S. immigration consultants or attorneys.

ENTERLINE & PARTNERS CONSULTING

Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
Email: info@enterlinepartners.com
Website: http://enterlinepartners.com

Tuesday, July 9, 2019

Qualifying for I-130 Expedited Processing Based on Exceptional Circumstances for U.S. Citizens Living Abroad


In exceptional circumstances, a U.S. citizen who is living abroad with his or her foreign spouse and would like to bring his or her foreign spouse to the United States on an immigrant visa may be able to avail of expedited processing.

Qualifying for I-130 Expedited Processing Based on Exceptional Circumstances for U.S. Citizens Living AbroadExceptional circumstances may include the following:
  • Military emergencies. A U.S. service member abroad becomes aware of his or her new deployment or transfer with very little notice.
  • Medical emergencies. The U.S. citizen or foreign spouse is faced with an urgent medical emergency that requires immediate travel.
  • Threats to personal safety. The U.S. citizen or foreign spouse is faced with an imminent threat to his or her personal safety.
  • Short-term notice of position relocation. The U.S. citizen spouse who has been living and working abroad receives a job offer to be transferred back to the United States.
While this is not an exhaustive list of examples, a request for exceptional circumstances must first be made with the U.S. Citizenship and Immigration Services (USCIS) district office or the U.S. Consulate where the U.S. and foreign spouse reside. The USCIS district office that has jurisdiction over the place of residence will in turn approve or refuse the request. If the district office approves the request and subsequent petition, the matter will forward it to the nearest U.S. Embassy or Consulate for the visa application process. If the request is refused, there is no right of appeal or reconsideration request but the U.S. citizen spouse can still file the immigrant petition with the USCIS in the United States. 

By qualifying for the expedited processing, we can reduce your waiting time to immigrate from approximately 12 to 18 months down to as little as 5-6 weeks. We have processed many such expedited petitions so contact us if you are interested at info@enterlinepartners.com and speak with one of our experienced U.S. immigration attorneys.

Thursday, June 20, 2019

USCIS Will No Longer Accept I-407 at International Field Offices


Beginning July 1, USCIS will no longer accept Form I-407, Record of Abandonment of Lawful Permanent Resident Status at international field offices by mail or in person. Individuals who wish to voluntarily record abandonment of their lawful permanent resident (LPR) status must submit Form I-407 via mail to: 

USCIS Eastern Forms Center, Attn: I-407, Unit 124, 
Leroy Road, PO Box 567, Williston, VT 05495

The processing time from receipt to completion is estimated to take less than 60 days. 

Traditionally, the Form I-407 was accepted by U.S. embassies and consulates directly by walk-in or by mail. This notice states that U.S. embassies and consulates will no longer accept Form I-407 except in rare circumstances, in person, and if an individual needs immediate proof that they have abandoned LPR status. 



ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488

Saturday, May 25, 2019

U.S. Federal Court Issues Injunction Against Uscis On Unlawful Presence For F M And J Visa Holders


Earlier this month, a U.S. Federal Court judge issued an injunction against the United States Citizenship and Immigration Services (USCIS) blocking an August 9, 2018 policy memorandum on accrual of unlawful presence of F, M and J nonimmigrant visa holders. You can read more about the policy memorandum at:

U.S. Federal Court Issues Injunction Against Uscis On Unlawful Presence For F M And J Visa Holders

In October 2018, several U.S. higher educational institutions sued the U.S. Department of Homeland Security (the department that oversees USCIS) arguing that the new policy memo providing guidance to determine unlawful presence was unlawful. The lawsuit contained the following allegations:
  1. The policy memo was issued without going through the required regulatory process;
  2. The policy change was arbitrary and capricious;
  3. The policy change conflict with the 1996 Immigration and Nationality Act which created the concept of unlawful presence;
  4. The policy change violated the right to Due-Process under the 5th Amendment of the United States Constitution.
As a result of the judge’s ruling, USCIS is enjoined from enforcing the August 2018 policy memorandum and must follow the previous rules promulgated in 1996 which entails that unlawful presence commences the day after a decision is made.

Wednesday, May 15, 2019

Announcement: Participants of Large Scale U.S. Marriage Fraud Scheme Indicted

Announcement: Participants of Large Scale U.S. Marriage Fraud Scheme Indicted

A U.S. federal grand jury in Houston, Texas issued a 206 count indictment involving a massive marriage fraud scheme on April 30, 2019.

According to U.S. Immigration and Customs Enforcement (ICE), a total of 96 individuals were involved in a suspected criminal enterprise designed to create sham marriages between individuals in Texas and Vietnam. The scheme allegedly led by Ashley Yen Nguyen, also known as Duyen of Houston purported the following:
  • Duyen received $50,000- $70,000 from Vietnamese individuals marrying U.S. citizens.
  • Agreements were prorated with suspects paying an additional amount for each immigration benefit received.
  • Duyen and other suspects allegedly recruited U.S. citizens to engage in sham marriages as petitioners who received a portion of the proceeds from Vietnamese spouses. 
“Marriage fraud is a serious crime,” commented USCIS Houston District Director Tony Bryson. “The indictment reveals how successful our relationships are with our law enforcement and intelligence partners when it comes to investigating marriage fraud.” 

Director Byson continued noting that people enter into sham marriages to work around U.S. immigration laws.

Wednesday, May 8, 2019

Extending Your American Visa. Is it Possible?


American visa validity depends on a person’s nationality. For example, Vietnamese citizens are given a maximum of a one-year multiple-entry visa. Other neighboring countries such as the Philippines and Thailand are eligible for a maximum of 10 years multiple-entry visas while Cambodian citizens receive up to three-months double entry validity. 

Extending Your American Visa. Is it Possible?The expiration date that appears on an American visa is the date that the person must enter the United States. Upon entry, an officer with the U.S. Customs and Border Protection (CBP) will stamp the traveler’s passport indicating the day that the traveler must depart the United States. However, once inside the U.S., a person can extend their stay even if their American visa has already expired depending on the visa that they used to enter the United States. This can be done by filing an I-539, Application to Extend/ Change Nonimmigrant Status with the United States Citizenship and Immigration Service (USCIS). Once filed and if approved, a person can remain in the United States for a longer period of time. 

If you are planning on traveling to the United States and planning on staying for a longer period of time, it is strongly recommended to consult with an American immigration lawyer who can advise on the risks and benefits of filing for an extension with USCIS.

Monday, May 6, 2019

EB-5 Modernization Regulation Pending Review At The Office Of Management And Budget



Eb-5 Modernization Regulation Pending Review At The Office Of Management And Budget
On April 8, 2019, USCIS Director L. Francis Cissna sent a letter to Senator Grassley (R-IA) and Senator Leahy (D-VT) regarding the EB-5 Immigrant Investor Program Modernization Rule (RIN 1615-AC07). Among other things, Director Cissna indicated in the letter that “DHS is dedicated to ensuring expeditious implementation of the rule, if and when it is finalized” and noted that DHS is considering other regulatory actions related to the EB-5 program, including seeking to propose regulations that may include changes to the process for initially designating entities as regional centers, a requirement for regional centers to utilize an exemplary filing process, continued participation requirements for maintaining regional center designation, and changes to the process for terminating regional center designations.

The final rule, first proposed on January 13, 2017, is still pending regulatory review at the Office of Management and Budget. The most significant proposed change for intending EB-5 investors is an increase of the minimum investment amount in a Targeted Employment Area from the current minimum investment of US$500,000 raise to US$1.35 million. We emphasize, as Director Cissna noted in his letter, there is no way to tell “if and when” the rule might be published and come into effect.

Wednesday, April 17, 2019

Do You Need an Immigration Lawyer to Represent to File a K-1 Visa for Your Vietnamese Fiance?



A common question asked by potential clients is do you need an immigration lawyer to file a K-1 visa for your Vietnamese fiance? The short answer is no, you do not need a lawyer. However, having a lawyer represent you and your fiance through the process has advantages.

An immigration lawyer is a licensed professional.

Do You Need an Immigration Lawyer to Represent to File a K-1 Visa for Your Vietnamese Fiance?
Unlike visa companies or agencies that rely on non-lawyers, an immigration lawyer is board
certified in the United States and licensed to represent clients for immigration matters all over the world. 

An immigration lawyer holds deep and thorough knowledge of the overall process.

Just like a doctor who is able to make a diagnosis very quickly upon examining a patient symptoms, an immigration lawyer is able to review and quickly offer solutions to potential issues that could arise with a K-1 visa for your Vietnamese fiance. Some of these issues that are common include language and culture barriers between the U.S. citizen and Vietnamese fiance, age gaps, and social economic gaps. By consulting and retaining an experienced immigration lawyer who has experience in working with Vietnamese clients, you will take comfort in knowing that you are working with a professional who can offer solutions and strategies. 

An immigration lawyer can represent you and your fiance with numerous U.S. immigration agencies.

Obtaining a U.S. fiance visa for your Vietnamese fiancee involves two U.S. immigration agencies- United States Citizenship and Immigration Services (USCIS) and the Department of State. When you retain an immigration lawyer to file the petition with USCIS, they will submit a USCIS Form G-28 Attorney Representation Form indicating that you and your fiance are being represented. In the event that there are problems with processing at USCIS, an immigration lawyer can speak with the agency and file additional documentation on your behalf. Once the petition is approved and sent to the U.S. Consulate in Ho Chi Minh City, an immigration lawyer can continue to represent you and your fiance without having to file additional documentation. 

For more information on how consulting and hiring a U.S. immigration lawyer can be beneficial to you and your Vietnamese fiance, contact us at info@enterlinepartners.com to speak with one of our immigration lawyers.

Thursday, April 11, 2019

Trump has no interest in addressing border issues or immigration reform



Trump has no interest in addressing border issues or immigration reformWhile this recent op-ed (opinion-editorial) article in the Los Angeles Times, focuses on President Trump and his ongoing war with the U.S. and Mexico border and its illegal immigration issues, the article points out that the Trump administration has, according to the American Immigration Lawyers Association (AILA), radically slowed the processing of immigration applications and immigration benefits. As AILA members and U.S. immigration lawyers, we see this radical effect sweeping through the whole of the legal immigration system. Long delays, head-scratching requests, embarrassing mistakes in issuing documentation such as I-551 “green cards”, and increasing inefficiencies are becoming the norm and not the exception. 

This may lead to the perception that American has become anti-immigration and anti-immigrant. This is not the case. Certainly, there are some in the United States who are against immigration and do not want to welcome immigrants, but this is a minority and mostly only a vocal Trump base of supporters. Remember, the United States is a country of immigrants, a melting pot of people from all over the world, and it will remain so for many years to come. Its Immigration laws are set by Congress and are not controlled by whatever current administration is in power. Yes, a President has the power to influence, and in some extremely special cases, might enact an Executive Order in the name of National Security, but these situations are rare and more rarely are upheld by the courts. 

At Enterline and Partners, we are experienced in representing our clients before the United States Citizenship and Immigration Service (USCIS), the U.S. Department of State (USDOS) and its consulates, and other government agencies for all types of petitions and applications, whether it is an I-130 petition for a family member, an I-140 for an employment visa, and I-526 immigrant investor (EB-5) petition or the many non-immigrant visa categories such as the B-1/B-2, E-1, E-2, F-1, J-1, K-1, L-1 visas. Contact us and we will help you navigate through the process of going to the United States.



ENTERLINE & PARTNERS CONSULTING
🏢 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
📞 0933 301 488
📧 info@enterlinepartners.com
🌎 http://enterlinepartners.com

Wednesday, April 10, 2019

What is the Two-Year Meeting Requirement Waiver for an I-129F Petition for Alien Fiance?



All U.S. citizens seeking to file an I-129F Petition for Alien Fiance with the U.S. Citizenship and Immigration Services (USCIS) must demonstrate that they have met their fiance(e) in person within two years of filing the petition. Those who have not met their fiance(e) in person within two years would still like to file an I-129F may do so provided USCIS waives the two-year meeting requirement. 

What is the Two-Year Meeting Requirement Waiver for an I-129F Petition for Alien Fiance?Applying for a waiver must be done in conjunction with the original I-129F filing. There are two scenarios of how a meeting requirement waiver may be granted:
  1. If meeting between the petitioner and beneficiary would result in “extreme hardship” to the petitioner;

  2. If such meeting would violate long-standing customs of the beneficiary’s culture.

Extreme Hardship to the Petitioner

USCIS interprets extreme hardship to the petitioner as showing that it is close to physically impossible for the petitioner to be able to meet the beneficiary. For example, the petitioner not being financially able to make a trip to meet the beneficiary or the petitioner not being able to have enough time off work to meet the beneficiary is not viewed as extreme hardship. However, if the petitioner is suffering from a medical condition in which they are physically unable to travel may be seen as extreme hardship. At the same time, the petitioner being unable to travel because they are incarcerated or on parole is normally not seen as extreme hardship to the petitioner.

Meeting Prior to Marriage Would Violate of Long-Standing Customs of the Beneficiaries Culture

In situations where it is physically possible for the couple to meet but doing so would violate long-standing customs of the beneficiary's culture, a waiver may be sought. However, proving that such a meeting would violate long-standing cultural traditions must be backed up by hard evidence. One example may be that in certain cultures, it is a long-established tradition for a couple not to have physically met until their wedding night.

For more information, contact us:

ENTERLINE & PARTNERS CONSULTING
🏢 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
📞 0933 301 488
📧 info@enterlinepartners.com
🌎 http://enterlinepartners.com

Monday, April 8, 2019

What is the Two-Year Meeting Requirement to File an I-129F Petition for Alien Fiance?


What is the Two-Year Meeting Requirement to File an I-129F Petition for Alien Fiance?

A U.S. citizen seeking to petition his or her foreign fiance for a K-1 visa must demonstrate that they have physically met their fiance within two years of filing the petition with the U.S. Citizenship and Immigration Services (USCIS). While USCIS does not provide guidance on the amount of time the couple must have physically spent together, the U.S. citizen petitioner will nonetheless be required to submit proof of such meeting. Such examples include the U.S. citizen’s passport showing admission stamps visiting his or her foreign fiance in their home country, airline reservations and ticket stubs, hotel/ Airbnb reservations, restaurant receipts, and pictures of the couple as well with friends and family. 

Once gathered, the documentation evidencing must be submitted with the initial I-129 Petition for Alien Fiance to USCIS. If during the adjudication process it is determined that the two-year meeting requirement has not been established, USCIS will issue a Request for Evidence (RFE) enabling the petitioner to submit additional information to show that the two-year meeting requirement has been established. 

If you have any questions about US immigration, contact us to get a consultation from experienced US immigration lawyers.

ENTERLINE & PARTNERS CONSULTING
3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
0933 301 488

Tuesday, April 2, 2019

What Documents Are Needed in a Form I-130 Petition for a Foreign Spouse?



A USCIS Form I-130 is a Petition for Alien Relative. A U.S. citizen or Lawful Permanent Resident (green card holder) is eligible to petition his or her foreign spouse to immigrate to the United States. 

What Documents Are Needed in a Form I-130 Petition for a Foreign Spouse?
Along with a Form I-130 and accompanying Form I-130A, supporting documentation is also submitted when the petition is filed with the United States Citizenship and Immigration Services (USCIS). These include the following:

  • Copy of the U.S. Citizens passport or if the petitioner is a green card holder, a copy of their green card and foreign passport.
  • U.S. size passport photos of the petitioner and beneficiary.
  • Copy of the foreign spouse's passport.
  • Copy of the foreign spouses birth certificate.
  • Marriage certificate between the petitioner and foreign spouse.
  • Copies of previous marriage terminations from the petitioner or beneficiary (divorce or annulment decrees or death certificates).
  • Copies of birth certificates of children born between the petitioner and beneficiary.
  • Family photos of the petitioner and beneficiary taken over the course of their relationship. 

All documentation submitted to USCIS must be translated into English if the original document is in a foreign language. For more information or questions regarding the required documentation in petitioning a foreign spouse, contact an immigration lawyer for assistance.




by: Enterline and Partners Consulting

Monday, April 1, 2019

What is a Form I-130A Supplemental Information for Spouse Beneficiary?



A Form I-130A is a supplemental form that is submitted with a Form I-130 Petition for Alien Relative and supplemental documentation to the United States Citizenship and Immigration Services (USCIS). A Form I-130A is only included when a U.S. Citizen or Lawful Permanent Resident (Green Card Holder) is petitioning his or her foreign spouse. A Form I-130A is not required for all other Form I-130 filings (i.e. parents and children). 

What is a Form I-130A Supplemental Information for Spouse Beneficiary?The I-130A asks specific information related to the foreign spouse. This includes the names, place
of birth, and birth dates of his or her parents; previous and current addresses, previous marriages (if any); and other questions which the foreign spouse must answer truthfully. 

Once completed and submitted with the accompanying Form I-130 documentation, USCIS will commence processing. If USCIS determines that any additional information is needed, the agency will send out a Request for Evidence also known as an RFE. 

For more information or questions concerning a Form I-130A, contact an immigration attorney for further assistance.




by: Enterline and Partners Consulting

Friday, March 22, 2019

What is a Form I-130?

What is a Form I-130?

A Form I-130 is a Petition for Alien Relative filed through the United States Citizenship and Immigration Services (USCIS). The form can be filed by either a U.S. citizen or Lawful Permanent Resident (green card holder) which establishes that a valid family relationship exists. It is the first step in helping immediate relatives immigrate to the United States. U.S. citizens over the age of 21 are allowed to file an I-130 for the following immediate foreign relatives:
  1. Spouse
  2. Parents
  3. Children
  4. Brothers and Sisters
A green card holder over the age of 21 may file a Form I-130 for the following immediate foreign relatives:
  1. Spouse
  2. Children
When the U.S. citizen or green card holder petitioner files a Form I-130, they must include a $535 filing fee which is payable to the U.S. Department of Homeland Security. Depending on the category the family category that the immediate foreign relatives fall under, one filing fee may be sufficient to include multiple foreign immediate relatives while in other categories, separate filing fees are required for each foreign immediate relative. 

In addition to the signed Form I-130 and accompanying filing fees, supplemental information is also required. This includes passport size photos of the petitioner and immediate relative, copy of U.S. passport or green card of the petitioner, and other documentation needed to establish a family relationship. For more information on filing a Form I-130, contact us today. 



by: Enterline and Partners Consulting

What is a Form I-129F?


What is a Form I-129F?

A Form I-129F is a Petition for Alien Fiance filed through the United States Citizenship and Immigration Services (USCIS). The form can only be filed by a U.S. citizen over the age of 21. Non-US citizens including Lawful Permanent Residents (i.e. Green Card Holders) are not able to petition their foreign fiances. 

Before a U.S. citizen can file for his or her foreign fiance, they must have physically seen each other within two years upon filing the petition. Included in the petition is proof of such meeting involving copies of passport stamps showing that the U.S. citizen was in the foreign fiance’s home country, plane tickets, pictures taken of the couple during their meeting, and other forms of evidence showing that the couple has met. 

In addition to the supplemental documentation which must be submitted, the U.S. citizen petitioner is required to certify whether the couple met through an International Marriage Broker. If the couple did meet through a marriage broker, the petitioner must disclose this information and provide additional documentation such as forms that the foreign fiance signed with the marriage broker prior to the couple meeting.



by: Enterline and Partners Consulting

Wednesday, January 30, 2019

Treatment of USCIS Form I-131 During International Travel



United States Citizenship and Immigration Services (USCIS) recently published on it’s website that applicants filing for a Form I-131 Travel Document will not have their applications considered abandoned if they travel abroad with an approved advance parole document while a second one is pending provided that the first approved advance parole document is valid for the entire duration of the travel. 

Treatment of Pending Forms I-131 During International TravelThis is an update from a recent policy announcement wherein travelling abroad while an application for advance parole is pending will result in the denial of that application due to abandonment. The same holds true even if the applicant has a separate valid advance parole document or a valid U.S. visa, specifically H, K, L, or V visa to return to the United States. 

If a pending Form I-131 has been denied, the applicant may consider submitting a new application to USCIS. If there is any confusion or questions on travelling abroad while applying for advance parole, contact a licensed immigration for further assistance.




by: Enterline and Partners Consulting