USCIS Releases Interim Memo For Comment On Home Study For Intercountry Adoption Cases
USCIS seeks input on the interim policy memos listed below.
USCIS seeks input on the interim policy memos listed below.
We have received a particularly remarkable green card approval a few weeks ago. USCIS alleged fraud and denied the green card where the spouse of a US citizen had entered the US on visa waiver and then applied for Adjustment of Status (AOS) within a few days after entry. We were retained once the green card had been denied. The allegations of fraud or misrepresentation are particularly troublesome because they operate as a PERMANENT bar against immigration. There is a narrowly tailored waiver available, but it can be difficult to obtain.
Approved I-140 having PD December 2012 with company A. Currently on 6 year H-1B. Will be transferred to company B. I guess I will be getting three year extension with approved I-140. Can I retain old PD once GC process is started by company B, even if company A withdraw I-140 ?.
Employees retain PD even if the ol
US Department of State, which is responsible for monitoring and controlling the priority date movement, has made the following comments regarding the Fiscal Year 2012-2013 (October 1, 2012 through September 30, 2013):
EB-2 China and India
The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns.
Q. What happens if my priority date ('PD') retrogresses while my I-485 is still pending?
Quite a few of our community members have asked me about the basic laws governing adoptions. One of my colleagues has prepared brief write up for you.
This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in adjudicating Form I - 360, Petition for Amerasian, Widow(er) or Special Immigrant , filed by a self - petitioning adopted child, when the adopted child has been battered or abused.
Please click on the attachment to read more.
I have my I-140 approved under EB-3 category, even though I have Masters Degree from accredited US University. Can I change it to EB-2 now?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
USCIS recently began transferring some Form I-130, Petition for Alien Relative, cases filed by lawful permanent residents for their eligible family members from the Vermont Service Center to the California Service Center.
The Cambodian government has indicated that it intends to begin accepting intercountry adoption petitions on Jan. 1, 2013. Cambodia joined the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Adoption Convention) on Aug. 1, 2007.
I am in removal proceedings and I just filled 1-30 petition through my USC wife. Is there an interview and what does it involve?
Typically there is an interview. Times are widely different depending upon security clearance, etc. The interview involves investigation of a "real," not sham marriage.
On August 1, 2012, Fiji joined the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). However, the Department of State (State) has determined that Fiji does not yet have a fully functional convention process in place. State consular officers cannot certify that adoption decrees or custody orders obtained in Fiji for a child who is a resident of Fiji have been issued in compliance with the Hague Adoption Convention. Without this certification, U.S.
In January, the Taiwan Child Welfare Bureau issued an administrative order that requires all adoption cases filed on behalf of U.S. prospective adoptive parents with the Taiwan courts to undergo the U.S. PAIR process. The order applies to all currently licensed Taiwan adoption services providers (ASP), and any ASPs which may be licensed in the future.
How shall ability to pay wages be determined when the Priority Date is in the middle of the year?
USCIS does not calculate ability to pay wages on a pro-rated basis. USCIS will accept proof to show that petitioners have paid the required wage, as shown on ETA Form 9089, for the relevant periods of employment. Additionally, the USICS will accept other forms of evidence, such as pay stubs, W-2’s, and 1099 forms.
The bilateral adoption agreement between the United States and Vietnamexpired on Sept. 1, 2008. Both nations have agreed to cease processing new adoption cases until the United States and Vietnamsign a new bilateral agreement.
Question: Now that Sept. 1 has passed, what is the status of adoptions from Vietnam?
CBP memo concerning the exercise of prosecutorial discretion with respect to individuals who came to the U.S. as children.
Please check attached document to read CBP Memo.
Agency successfully meets 60-day implementation date
1.How can I locate a long-pending I-485 application that has been transferred multiple times and appears to be “lost”?
2.When the priority date is going to become current for an individual with a long-pending I-485 application, is it advisable to send an advance email to USCIS?
1. According to USCIS, if you have an old I-485 that has been transferred multiple time and you do not know where the case is, you should call USCIS. It is advisable to follow up in case no useful answer is forthcoming. USCIS aims to keep close control over its case inventory and tracks cases to make sure all the parts stay together and get adjudicated together.
It is also important for the attorney of record (using Form G-28) and the applicant (using Form AR-11) to keep USCIS apprised of any changes of address.
This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in adjudicating Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant, filed by a self-petitioning adopted child, when the adopted child has been battered or abused. Please click the attachment for more information on the memorandum
Department of State (DOS) announced today that the Agreement between the United States of America and
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.
Rajiv was a pleasure to speak with. His advice was genuine and he was very proactive. It was refreshing to speak with a lawyer who is a true professional and very considerate about his client's situation. Thank you for your help...