Trump has no interest in addressing border issues or immigration reform

While 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

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. 

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

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

info@enterlinepartners.com

http://enterlinepartners.com

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. 

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

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). 

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

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?

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