Aug
30

By

How long does the adjustment of status takes in Phoenix?

Category: Adjustment of status, Best immigration attorney, Green card, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Legal Permanent Resident Status, Top immigration attorney, Uncategorized Tags: , , , , , ,

My clients met online and at the end of the foreign national US visit, they decided they don’t want to be separated any longer and got married.  We filed the petition with the USCIS and an adjustment application last July and the adjustment interview was scheduled for March.   In this case, it took7 months to have the adjustment application approved.  

The USCIS average processing time of the adjustment applications in Phoenix is now 9.5 – 29.5 and it’s been updated regularly.

Please note that this article does not constitute a legal advice.  We simplified the law to outline one marriage green card processing time.  If you would like us to obtain a marriage green card, call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online. 

Aug
30

By

Self-petition of abused spouse of US citizen (VAWA) approved

Category: Best immigration attorney, Green card, Green Card based on Marriage, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Legal Permanent Resident Status, Marriage green card attorney in Phoenix, Physical and verbal abuse, Top immigration attorney, Uncategorized, VAWA, VAWA attorney in Phoenix, VAWA attorney in Scottsdale Tags: , , , , , , ,


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 consultation online. 

Aug
30

By

Fiancé visa during COVID-19 pandemic

Category: Fiancé(e) visa, Fiancé(e) visa attorney Scottsdale, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Legal Permanent Resident Status, Marriage Green Card, Top immigration attorney, Top immigration attorney in Phoenix, Uncategorized Tags: , , , , , , , ,

We started this process when a US citizen came to my office a year ago to petition for her fiancé in the Middle East.  They met online and have been communicating remotely for several years.  Last year, her fiancé traveled to the US and they met in person, which allowed us to file the petition for her fiancé.  It took only 3 months to have the petition approved by the USCIS.  Then, the case was sent to the National Visa Center and in four weeks the National Visa Center sent the case to the US Embassy in Jerusalem.  The interview was scheduled in 10 weeks and the visa was approved.  Then, the US Embassy put the case in administrative processing. At the end, the fiancé visa was issued, the fiancé entered the US and just married his fiancée and we are getting ready to file the adjustment application. 

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. 

Aug
27

By

How long does it take to get a marriage green card?

Category: Best immigration attorney, Best marriage green card attorney in Phoenix, Best marriage green card attorney in Scottsdale, Green Card based on Marriage, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Marriage Green Card, Marriage green card attorney in Phoenix, Marriage green card attorney in Scottsdale, Top immigration attorney Tags: , , , , , ,

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. 

Aug
27

By

How long does it take to get a fiancé(e) visa?

Category: Best fiancé(e) attorney in Phoenix, Best fiancé(e) visa attorney in Scottsdale, Best immigration attorney, Fiancé(e) attorney Phoenix, Fiancé(e) visa, Fiancé(e) visa attorney Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Top immigration attorney Tags: , , , , , ,

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).

Aug
26

By

Expansion of Interview Waiver Eligibility for Non-immigrant Visa Applicants

Category: Best E-2 attorney in Phoenix, Best immigration attorney, Best Investor visa attorney in Phoenix, E-1, E-2, Immigration attorney Phoenix, Immigration Lawyer Scottsdale, interview waiver, Non-immigrant visas, O visa, P visa Tags: , ,

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.  

Jul
31

By

How long will it take to process your EB-5 green card petition?

Category: Best immigration attorney, EB-5 visa, EB-5 visa attorney, Green card, Green card through investment, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Investor visa, Investor Visa Attorney, Legal Permanent Resident Status Tags: , , ,

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.  

Jul
30

By

New areas (TEA) allowing lower EB-5 investments

Category: Best Investor visa attorney in Phoenix, EB-5 visa attorney, Green card, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Investment visa, Investor visa, Investor Visa Attorney, Legal permanent residency, Legal Permanent Resident Status, Top immigration attorney, Uncategorized Tags: , , , ,

On November 21, 2019, new EB-5 regulations became effective. They brought some changes to the EB-5 program.

One of the likely consequence of the new EB-5 regulations is that the Targeted Employment Area (TEA) designation (enabling a lower investment threshold) will be harder to get and urban TEAs will be driven to lesser-developed locations.

In order to be designated as a TEA, the EB-5 project must be located in either a rural area or in a location that has high unemployment. 

Prior to the effective date of new EB-5 regulations, the TEA designation was made at state level and most states had very liberal TEA’s designation policies, even in economically robust urban zones. Consequently, more than 95% of EB-5 investments were made in TEA-located projects. Under the new EB-5 regulations, USCIS is no longer deferring
to TEA designations made by state and local governments and is
directly reviewing and determining the designation of high-unemployment TEAs.

Under the previous regulations, it was quite common to aggregate census tracts to create Regional Center EB-5 offerings even in some of the nation’s most high-priced neighborhoods. Census tract combination for high-unemployment TEAs is now much more restrictive: census tract aggregation is limited to the project tract(s) plus some or all of the tracts that are “directly adjacent” to the project tract. Utilizing census block groups (a census tract is made up of several block groups) is no longer allowed. 

Some EB-5 industry experts (analysts and economists) estimate that approximately two thirds of the projects that had qualified before will not qualify for TEA status under the revised standard.

Please note that this articles does not constitute a legal advice.  We outlined only one aspect of new EB-5 regulations and its consequences.  If you would like to get a green card through an investment (EB-5), call an experienced EB-5 immigration attorney at 480-425-2009 or schedule your consultation online.

Jul
28

By

National Interest Exceptions for travelers from Schengen Area, UK and Ireland

Category: Best E-2 attorney in Phoenix, E-2 attorney, E-2 visa, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Investor Visa Attorney, National Interest Exception, Schengen Area, Top immigration attorney, Travel Ban Tags: , , ,

On July 22, 2020, the Department of State announced that certain business travelers, investors, treaty traders, academics, and students may qualify for National Interest Exceptions under Presidential Proclamations 9993 (Schengen Area) and 9996 (United Kingdom and Ireland).

Business travelers, investors, academics, J-1 students, and treaty traders who have a valid visa or ESTA authorization that was issued prior to Presidential Proclamations 9993 or 9996’s effective date or who are seeking to apply for a visa may qualify.

If you need help to apply for National Interest Exception, call an experienced immigration attorney at 480-425-2009 or schedule your consultation online.

Jul
27

By

PERM notice during COVID-19 pandemic

Category: Best immigration attorney, Green card, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Legal permanent residency, Legal Permanent Resident Status, Top immigration attorney Tags: , , , ,

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.

« Older Posts
Newer Posts »