This case originally started as a regular marriage green card case. US citizen husband filed for his foreign spouse and their child was born. Soon after the birth, the US citizen started to abuse his wife verbally and physically. She tried everything, but at the end had no choice but to leave the household. We documented the abuse, filed a self-petition for her and have her petition approved. She can now safely raise her child without worries about her abusive ex-husband.
Please note that this
article does not constitute a legal advice. We simplified the law to
outline one case of an abused wife of a US citizen who we helped to get her
green card. If you are subject to a
physical or psychological abuse by your US spouse and need help with your green
card process pursuant to the Violence Against Women Act (“VAWA”), call our
experienced marriage green card attorney at 480-425-2009 or schedule your
The marriage green card process is usually a very happy process. The newlyweds are excited and full of expectations for their happy lives together. The process is different if the foreign national is already in the US or if the foreign national is still in a foreign country.
If the foreign national spouse is still living in a foreign country, the process
starts with filing of a petition for the foreign national spouse. The average processing time to have the petition approved is now 6 – 7.5 months. Once the petition is approved, it’s sent to the National Visa Center, which takes approximately 30 days. The National Visa Center will need some documents to be submitted and the immigrant visa application needs to be filed. Once the National Visa Center receives all documents, it sends the case to the US Embassy or Consulate for an interview. The time it takes to schedule the interview depends on the US Embassy or Consulate. The interview is usually scheduled within a few months. Some US Consulates take longer to schedule an interview, for example in Ciudad Juarez in Mexico it is taking 6-8 months to have the interview.
If the foreign national is already in the US and is eligible for an adjustment of status, the processing time depends where (s)he lives. For example, in Phoenix, the average processing time to adjudicate the adjustment application is now 9.5 -29. months.
Please note that this article does not constitute a legal advice. We simplified the law to outline the marriage green card process and discuss the processing time of the marriage green card. If you would like to discuss if you may qualify for a marriage green card, call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online.
I’ve done a lot of fiancé(e) visas over the years, helping reunite happy couples. A fiancé(e) visa is for a fiancé(e) of a U.S. citizen who is planning to get married within 90 days of entering the U.S. With some exceptions, the couple needs to meet in person within 2 years prior to filing the petition.
So, how long does the process take? The first step is for a U.S. citizen to file a petition with the USCIS. The average processing time is now between 5 and 7 months. I had petitions approved as fast as in 6 weeks. Then, once the USCIS approves the petition, it sends the case to the National Visa Center and from the National Visa Center it is sent to the Embassy or Consulate for an interview. The time to schedule an interview depends on the Embassy or Consulate, usually within a few months. Of course, due to the COVID-19 pandemic, some US Embassies and Consulates are still closed and many are facing a backlog of cases from the time the US Embassies and Consulates were closed due to COVID-19.
Please note that this article does not constitute a legal advice. We simplified the law in order to outline the fiancé(e) (K-1) visa process. If you would like to discuss if you may qualify for fiancé(e) (K-1) visa, call our experienced
fiancé(e) (K-1) visa attorney at 480-425-2009 or schedule your consultation online. We look forward to discussing how we can help you obtain K-1 visa for your fiancé(e).
The Department of State has temporarily expanded the ability of consular officers to waive the in-person interview for visa applicants applying for a non-immigrant visa in the same classification. This is a very good news. For example, I have applications to renew treaty investor visas (E-2) filed in March that are still pending and the consulate has not resumed in person interviews. Especially, for successfully entrepreneurs with solid financials who are employing workforce and otherwise meet the treaty investor visa (E-2) requirement, this makes a perfect sense.
At the time of COVID-19 pandemic, reducing in person interactions and the necessity to travel reduces the risk of COVID-19 transmission. This policy also helps with the backlog of visa applications that have been filed when the consulates were closed.
Previously, only those applicants whose non-immigrant visa expired within 12 months were eligible for an interview waiver. The expiration period has been temporarily extended to 24 months. This policy is in effect until December 31, 2020.
Please note that this articles does not constitute a legal advice. We provided some information about the latest policy regarding the wavier of in-person interview of non-immigrant visas. If you would like to discuss if you may qualify for any non-immigrant visas, call our experienced immigration attorney attorney at 480-425-2009 or schedule your consultation online.
Last year the processing times of EB-5 petitions drastically increased overnight, jumping from a range of 20.5 to 27 months to a range of 29 to 45.5 months. Today, the estimated processing time is between 46 and 74.5 months and for petition to remove conditions between 27 and 48.5 months.
One potentially positive development is that the USCIS has proposed significant changes in how it will prioritize the EB-5 petition adjudications. On January 29, 2020, the USCIS announced that starting March 31, 2020 it would no longer continue its “first-in first-out” approach to adjudications, and instead would shift to a visa availability approach. Applicants from countries where visas are immediately available will now be better able to use their approximate 700 visas annual per-country allocation of EB-5 visas.
In August 2014, the U.S. Department of State, announced the first instance of EB-5 visa unavailability in the EB-5 program’s history, affecting investors born in China. Until recently, three countries face significant EB-5 visa backlog: China, Vietnam, and India. Chinese EB-5 visa backlog rose to a 16.2 year wait prediction in an October 2019. Vietnamese investors were predicted to wait 7.1 years. Indian investors filing in October 2019 had roughly 6.7 years’ worth of EB-5 visas “in line” ahead of them. Now, the EB-5 visa backlog for Chinese investors is less than 5 years and 3 years for Vietnamese investors. There is no longer backlog for investors born in India.
Despite the large amount of registered China fifth preference demand, currently there are not enough applicants who are actively pursuing their EB-5 case to fully utilize the amount of numbers which are expected to be available under the annual limit. Further, the spread of COVID-19 could also sap visa demand along with suspending visa services. Long waits may also become commonplace for all future investors if Congress enacts country cap removal legislation. Chinese investors would stand to gain from country cap removal legislation, whereas rest of would face longer wait times.
Please note that this articles does not constitute a legal advice. We provided some insights into EB-5 processing. If you would like to discuss if you may qualify for EB-5 investor green card, call our experienced EB-5 visa attorney at 480-425-2009 or schedule your consultation online.
A real estate technology based company (Company) with a unique platform wanted to hire a foreign worker from India with a US Master of Science degree in Mechanical Engineering currently on H-1B visa for a position of a Technical Product Manager. The Company needs him to design and implement its full line of products. We filed the petition just before the worker’s H-1B status expired.
The Company and worker provided all documents necessary to show that all H-1B requirements are met and the H-B petition was approved in ten weeks without any delays or request for evidence.
Please note that this articles does not constitute a legal advice. We outlined one case study changing an H-1B employer. If you would like to discuss if you may qualify for H-1B status or you want to change H-1B employer, call our experienced H-1B visa attorney at 480-425-2009 or schedule your consultation online.
An employer sponsoring a foreign worker for a green card (legal permanent resident status) needs to post the Notice of Filing for 10 consecutive business days at the worksite. During the unprecedented COVID-19 pandemic questions arose how to satisfy the notice requirement when many offices are closed and employees work from their homes. On July 23, 2020 the Department of Labor’s Office of Foreign Labor Certification confirmed that the PERM Notice of Filing requirement is flexible and employers could even satisfy it by posting it on the exterior door of its building, office, or front entry even if the work place is 100% closed and employees are 100% remote, so long as the business is operational (i.e., conducting business).
For more information about sponsoring a foreign worker for a permanent position and PERM labor certification, click here. If you would like to discuss if you can sponsor a foreign worker for a green card, call an experienced immigration attorney at 480-425-2009 or schedule your consultation online.
The Office of Foreign Labor Certification (OFLC) announced that the filing window to submit H-2B Application for Temporary Employment Certification (Form ETA-9142B) requesting work start dates of October 1, 2020, or later, will open on July 3, 2020, at 12:00 a.m. Eastern Time. Such applications will be denied if they are filed before July 3, 2020, at 12:00 a.m. Eastern Time. OFLC will randomly order for processing applications filed during the initial three calendar days (July 3-5, 2020) will be selected using the randomization procedures.
H-2B visa category is for workers performing temporary non-agricultural service or labor. The employer petitioning for H-1B status for a foreign worker must establish that the need for the employee will end in the near, definable, future. The request for labor must be a one-time occurrence, a seasonal need, a peak load need, or an intermittent need. For more information about H-2B status, click here.
Please note that this articles does not constitute a legal advice. We showed only a procedural step and deadline of the H-2B process. If you would like to discuss if you may qualify for H-2B status, call our experienced H-2B visa attorney at 480-425-2009 or contact an experienced H-2B attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your H-2B visa.