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

Saturday, 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.

(more…)

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

Thursday, 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

Thursday, 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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USCIS Naturalizes First Military Spouse Overseas

Monday, June 2nd, 2008

WASHINGTON – Zita Chouchan, the spouse of a member of the U.S. military recited the Oath of Allegiance and became the newest citizen of the United States yesterday at the U.S. Consulate in Frankfurt, Germany. This was the first overseas naturalization ceremony for a military spouse.

Jonathan Scharfen, Acting Director of U.S. Citizenship and Immigration Services (USCIS) presided over the ceremony, which also included 20 soldiers stationed throughout Germany and Kosovo.

“This week, as we observe Memorial Day, we take time to reflect upon the sacrifices our military and their families make to defend the freedoms America offers,” said Scharfen. “Words cannot express our profound appreciation for the honorable service you provide. You make us proud to be Americans.”

May is Military Spouse Appreciation Month, and in her letter to USCIS seeking the opportunity to conduct her naturalization process and ceremony overseas, Mrs. Chouchan said, “I’m very proud … not everyone has earned the right to be called a military spouse.”

In January, President Bush signed the National Defense Authorization Act for Fiscal Year 2008 into law. This new law amended portions of the Immigration and Nationality Act to allow certain spouses of members of the military to naturalize overseas where they are stationed. Before January 2008, these spouses could only naturalize while physically within the United States.

The 21 new citizens were born in American Samoa, China, Cuba, Ecuador, El Salvador, Great Britain, Grenada, Haiti, Hungary, Israel, Jamaica, Liberia, Mexico, Nicaragua, Nigeria, the Philippines, Russia, and Togo.

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USCIS Moves Lockbox to New Site in Chicago

Monday, June 2nd, 2008

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) moved the agency Lockbox to a new location in Chicago on May 28. While the Post Office Box address is the same, the move changes the address for deliveries by private couriers (non-USPS).

The new address for deliveries by private courier is:
USCIS:
Attn: Please check Form Instructions for the proper Attn: information
131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517

Express courier services have agreed to forward packages to the new site for 90 days (until Aug. 24, 2008). During this transition period, USCIS will accept and process without delay all cases otherwise properly filed.

Forms processed at the USCIS Chicago Lockbox include those associated with family-based adjustment of status, all Petitions for Alien Relative (Form I-130), and Temporary Protective Status.

Filing instructions for these forms are available in the Immigration Forms section, located at the top of this page.

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Archive for June, 2008

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

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

Federal Lawsuit Seeks Decision on Citizenship Applications Delayed for Years

USCIS Naturalizes First Military Spouse Overseas

USCIS Moves Lockbox to New Site in Chicago

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