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USCIS Clarifies Language in Form I-751 Transfer Notices Sent to Petitioners

June 7th, 2008

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today it will revise language in transfer notices received by petitioners who filed a Petition to Remove Conditions on Residence. The current notice includes language that may cause petitioners to believe their cases have been approved.

USCIS announced last month that it is revising filing instructions for Form I-751 to require filing at the California or Vermont Service Centers. Until the form instructions are revised, any petitions filed with the Nebraska and Texas Service Centers will be transferred to California and Vermont, respectively. When USCIS enters data at one service center and later transfers the case to another, a Transfer Notice is sent to the petitioner advising him or her that the case has been transferred for adjudication and that they will be notified of the final decision.

The current transfer notice currently contains the following phrase: “CRI89 approved removal of conditions (I89).” That statement means that the biometric portion of the case has been successfully transferred; it does not, however, mean that the petition itself was approved.

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Trapped in paradise: K1 Visa Couple Stranded Overseas due to Consulate Denial

June 5th, 2008

Independence, MO — It is in their fate that Chuck Bennett and Teresita Aldana be married.

And they almost were.

“I love Teresita more than anything,” says Bennett, a resident of Independence. “All I want is to call her my wife and have her at my side for the rest of my life.”

But America’s immigration system won’t allow it.

For the past several weeks the couple has been in Juarez, Mexico – stranded. Wondering whether they can change the opinion of a consulate officer who saw pictures and a marriage license and deemed them already married (note: they were not however the officer did not beleive their proof — a certified letter from the Mexican government stating they were never married).

“We played by the rules, and now we’re paying for it,” Bennett says.

The couple was set to be married – having even completed a nine-month marriage preparation course – but was told it was illegal for Aldana, a Mexican national, to marry while in the United States on a tourist visa.

“We were informed that she needed a K-1, or fiancé visa, so she applied for one last year,” Bennett says.

Many months later, the fight has only begun for the couple as matters such as these frequently occupy years, even decades.

They have on their side a member of Congress and one of the nation’s foremost immigration attorneys.

But they’re up against an opponent with absolute power who could have already delivered the knockout blow.

read the full story at the examiner.net

As a note: VisaJourney News has emailed the US Consulate in Juarez, Mexico regarding this case. We will update with any information we recieve back.

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Federal Lawsuit Seeks Decision on Citizenship Applications Delayed for Years

June 5th, 2008

The Florida Immigration Advocacy Center filed a class-action lawsuit Wednesday accusing the federal government of excessive delays in processing citizenship applications.

Federal law requires that the agency process those applications within four months of the naturalization interview, the lawsuit says.

Ten South Florida applicants have met the legal requirements of citizenship, but have been waiting from two to four years for a decision because of FBI background checks, according the lawsuit, which was filed in US district court in Miami.

The plaintiffs are asking the court to require the U.S. Citizenship and Immigration Service, the agency that handles the naturalization process, to finalize their applications within 90 days.

“They followed all of this country’s rules to achieve the most prized benefit of U.S. citizenship,” said Cheryl Little, the center’s executive director. “Yet they remain in legal limbo.”

… full article via SunSentinel.com.

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