Attorney-Consulate Interaction

Question details

What does the State Department recommend as the best method for an attorney to bring arguments of admissibility to the Post's attention?

The State Department says that an attorney should present a cover letter that summarizes the issue and a legal memo at the time of interview.

USCIS Reminder of Deadline for El Salvador TPS Re-Registration on 7/29/2013

USCIS reminds eligible nationals of El Salvador (and persons without nationality who last regularly resided in El Salvador) and who currently have Temporary Protected Status (TPS) to re-register for TPS by Monday July 29, 2013. Failure to re-register by this deadline may result in the loss of your TPS status and your work authorization.

K Visa Awaiting Documentation

Question details

What happens when a K visa is denied at the Post?

The State Department says that if a K visa is awaiting documentation requested by the interviewing officer, it is denied under 221(g).  The case will remain at the Post until expiration, after which it will be returned to USCIS.  Fraudulent fiancé petition cases will be returned with a return memo to USCIS via NVC.

Direct Consular Filing of I-130's

Question details

Regarding direct consular filing of I-130's, under what exigent circumstances does the Consulate accept jurisdiction of I-130 Immediate Relative Petitions for consular review?

The State Department says that consulates will accept I-30 direct filing requests for immediate family members (spouse, child, or parent of a U.S. citizen) in rare circumstances.  For example, where the U.S.

Revised I-129F, Petition for Alien Fiancé(e)

The current edition is dated 06/13/13. (USCIS will accept editions dated 06/22/12, 11/23/10, 06/14/10, and 02/19/10 until September 16, 2013. After September 16, 2013, USCIS will only accept the 06/13/13 edition.)
Purpose of Form :
To petition to bring your fiancé(e) (K-1) and that person's children to the U.S. for marriage to you or to bring your spouse and that person's children (K-3 and K-4 visas, respectively) to the United States to complete processing for permanent resident status (under the LIFE Act and Amendments of 2000).

Interview Protocol

Question details

May a third party (spouse, sponsor, etc.) accompany an applicant to an interview for a Nonimmigrant or Immigrant Visa?

The State Department says that on the Immigrant Visa side, the petitioner may accompany the beneficiary if the petitioner is in the Consulate city at the time of the interview.  The interviewing officer will speak to the petitioner only if he/she determines it is n

Applying for H-1B Renewal

Question details

I am applying for an H-1B renewal. Do I really need to submit all of the same documents, diplomas, client letters, and so on, again?

USCIS treats each petition as a new case and requires a complete set of documents, as if it is the first time you petitioned.

DOMA and Same-sex Marriages

Question details

Does the USCIS recognize same-sex marriages?

A statement issued by Janet Napolitano, Secretary of Homeland Security, appears to clear the way for immigration of same-sex spouses.  She said: "After last week's decision by the Supreme C