VisaJourney Immigration News

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Provisional Waivers Introduced

March 5th, 2013

Beginning March 4, certain immigrant visa applicants who are the spouses, children and parents of U.S. citizens (immediate relatives), and have been unlawfully present in the United States, can start applying for provisional unlawful presence waivers through a new process.

The new provisional unlawful presence waiver process is for certain individuals who seek a waiver of inadmissibility only for unlawful presence. They can now apply for a provisional unlawful presence waiver while in the United States and before departing for their immigrant visa interview at a U.S. Embassy or Consulate abroad. Under the current process, which continues to remain in effect, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States have to travel abroad and be found inadmissible at their immigrant visa interview before they can apply for an inadmissibility waiver.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members go through the process of becoming lawful permanent residents of the United States. For eligibility details and information on the process, please visit: http://www.uscis.gov/provisionalwaiver.

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Provisional Unlawful Presence Waivers

February 28th, 2013

Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States and before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States. Under the existing waiver process, which remains in effect, immediate relatives cannot file a Form I-601, Application for Waiver of Grounds of Inadmissibility, until after they have appeared for an immigrant visa interview abroad, and a Department of State consular officer has determined that they are inadmissible to the United States.

For complete information an instructions please visit USCIS.

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Workload Transfer from Vermont Service Center to Nebraska Service Center

February 28th, 2013

On February 13, 2013, USCIS transferred some casework from the Vermont Service Center to the Nebraska Service Center to balance overall workload with processing capacity at the centers. The affected casework includes the following forms:

• I-821D, Consideration of Deferred Action for Childhood Arrivals
• I-765, Application for Employment Authorization (when filed concurrently with the I-821D)
• I-765, Worksheet (when filed concurrently with the I-821D)

Effect on Customers:

As a result of these changes, Deferred Action for Childhood Arrivals (DACA) requestors may receive a letter from USCIS letting them know their request for DACA is now pending at the Nebraska Service Center instead of the Vermont Service Center. Customers do not need to take any action.

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Posted in General Immigration | 11 Comments »

Effective March 4th: USCIS Family Unity Support During Waiver Process

February 25th, 2013

family We are re-posting this as a reminder to those effected:

WASHINGTON— Secretary of Homeland Security Janet Napolitano announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances. The final rule establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin. The process will be effective on March 4, 2013 and more information about the filing process will be made available in the coming weeks at www.uscis.gov.

“This final rule facilitates the legal immigration process and reduces the amount of time that U.S. citizens are separated from their immediate relatives who are in the process of obtaining an immigrant visa,” said Secretary Napolitano.

U.S. Citizenship and Immigration Services (USCIS) received more than 4,000 comments in response to the April 2, 2012 proposed rule and considered all of them in preparing the final rule.

“The law is designed to avoid extreme hardship to U.S. citizens, which is precisely what this rule achieves,” USCIS Director Mayorkas said. “The change will have a significant impact on American families by greatly reducing the time family members are separated from those they rely upon.”

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USCIS Form Improvements Initiative

February 25th, 2013

images [ via USCIS ]

Easy-to-Use Formats: We are publishing many of our forms in a 2-column, Adobe fillable format. When completed electronically, this format restricts incorrect entries and provides informational pop-up boxes to assist customers.

User-Friendly Look and Feel: We have improved several of our naturalization forms to include clear and comprehensive instructions in plain language.

Centralized Processing: We will continue to centralize filing locations at the USCIS Lockbox facilities. Our Lockbox facilities provide fast, secure and standard intake services for over 5 million forms filed annually. Beginning in February 2013, customers filing Form N-470, Application to Preserve Residence for Naturalization Purposes, will mail them to the Dallas Lockbox facility.

New Data Collection Technologies: Beginning with Form I-90, Application to Replace Permanent Resident Card, we will publish our high-volume forms with 2D barcode technology. When you complete these forms using a computer, the barcode at the bottom of the page will store the data entered on the form. We will be able to scan the information from the barcode and upload it directly to USCIS systems, allowing us to improve data quality and operational efficiency.

Please do not attach anything to or damage the barcode.

An image

Enhanced Web Content: We are posting filing addresses and detailed fee information on our form landing pages. Check the “Where to File” section for the form you are filing for the most current filing addresses.

We published an improved and detailed Form G-1055, Fee Schedule. You can also find fee information in the form instructions and in detailed fee charts on many form landing pages.

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VisaJourney Member Seeks Signatures for Online Petition to Raise Awareness on Lengthy VAWA Petition Processing Times

December 27th, 2012

A concerned VisaJourney member recently created an online petition to bring awareness to extended delays in processing petitions for battered family members of US citizens. Battered family members including spouses, children and parents may file an immigrant visa petition under the Violence Against Women Act (VAWA). VAWA allows certain spouses, children and parents of U.S. citizens and permanent residents (green card holders) to file a petition for themselves without the abuser’s knowledge. This allows them to seek both safety and independence from the abuser. The provisions of VAWA apply equally to women and men. The abuser is not notified of the petition filing under VAWA.

All VAWA cases in the US are handled by 60 specialized processors at the USCIS Vermont Service Center. They are so understaffed that they are running 12-18 months behind in processing these critical cases.

The petition was filed online and needs 150 signatures to be posted on the White House website and then 25,000 by January 21, 2013 for the White House to issue a formal response. To sign the petition use the following link:

—- click to view and sign petition —-

It only takes a moment to create an account (name, email address and zip code). You will be sent an email from Whitehouse.gov and simply open the link and click the green “Sign the Petition” button on the bottom left.

The petition states:

we petition the obama administration to:

Address the extremely long processing times at the USCIS Vermont Service Center. They are running 12 months over the national average because they are under staffed. A large number of these cases are priority Violence Against Women Act. Please hire a large number of processors to get these cases moving! There are millions of people unemployed and the center needs the help.

If you are willing to support this concern please consider signing the petition.

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Russian Lawmakers Pass Ban on Adoptions to US

December 27th, 2012

MOSCOW — The upper house of the Russian parliament unanimously approved a ban on adoptions to the United States on Wednesday. All eyes are now on the Kremlin as the bill goes to President Putin for his signature.

The ban was added last week to a broader bill retaliating for human rights sanctions signed by President Obama earlier this month. Putin has expressed support for the broader bill, which reciprocates the sanctions, but dodged questions last week about the adoption ban.

At stake are the cases of 46 Russian children whose adoptions would be frozen if the bill becomes law, according to Russia’s children’s ombudsman Pavel Astakhav. He said those children would receive priority to be adopted by Russian families.

The proposed ban has split Russian society. Outside the parliament at least seven people were detained while protesting the bill, according to RIA Novosti. Human rights advocates have urged Russian authorities not to move forward with the ban, saying it denies Russian orphans a home with a family.

It has also caused a rare division among the Russian government.

Several top officials, including Russia’s foreign minister and education minister have come out against the ban. A leaked memo from another top official suggested its passage would cause Russia to breach several international treaties, including a recently enacted adoption agreement between the United States and Russia.

Others, like Astakhav, have supported the measure, saying that Russian children should remain in Russia.

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New USCIS Immigrant Fee To be Charged Starting February 1, 2013

December 15th, 2012

WASHINGTON—On Feb. 1, 2013,U.S. Citizenship and Immigration Services (USCIS) will begin collecting a new USCIS Immigrant Fee of $165 from foreign nationals seeking permanent residence in the United States. This new fee was established in USCIS’s final rule adjusting fees for immigration applications and petitions announced on Sept. 24, 2010.

USCIS has worked closely with the Department of State (DOS) to implement the new fee which allows USCIS to recover the costs of processing immigrant visas in the United States after immigrant visa holders receive their visa packages from DOS. This includes staff time to handle, file and maintain the immigrant visa package, and the cost of producing and delivering the permanent resident card.

In order to simplify and centralize the payment process, applicants will pay online through the USCIS website after they receive their visa package from DOS and before they depart for the United States. DOS will provide applicants with specific information on how to submit payment when they attend their consular interview. The new fee is in addition to fees charged by DOS associated with an individual’s immigrant visa application.

USCIS processes approximately 36,000 immigrant visa packages each month. Prospective adoptive parents whose child will enter the United States under the Orphan or Hague processes are exempt from the new fee.

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Posted in General Immigration | 11 Comments »

Dream Act-Lite Plan Circulating Among Republicans

November 23rd, 2012

Republican senators are working on a Dream Act-style bill called the ACHIEVE Act to give legal status to some undocumented young people, the Daily Caller’s Matt K. Lewis reported Thursday.

The GOP plan would be a watered-down version of the decade-old Dream Act initially put forward by Sens. Dick Durbin (D-Ill.) and Orrin Hatch (R-Utah). The Dream Act was never able to get through both chambers of Congress, and most recently failed in the Senate in 2010. With renewed interest on immigration reform, there is an effort to come to some sort of bipartisan solution, and the ACHIEVE Act is reportedly a plan being floated to do so.

The ACHIEVE Act would allow some undocumented immigrants to attend college or serve in the military under a W-1 visa, Lewis reported. They could then apply for another four-year visa to work or do further studies, and then apply for permanent residence without welfare benefits. Citizenship “could follow,” according to the details posted.

The bill being floated would apply to undocumented immigrants who came to the United States before the age of 14 as long as they are under the age of 28, if they have no college degree. If they are college-educated, the age limit is 32, according to the Daily Caller. The Dream Act, by contrast, would allow immigrants to apply so long as they came before the age of 16 and are currently under the age of 30.

Both plans require an immigrant to show good moral character, maintain a felony-free criminal record, and live in the U.S. for five consecutive years before the bill’s enactment — assuring foreign nationals will not enter the country now simply to apply.

…continue reading at huffingtonpost.com

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