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

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).

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Expansion of Interview Waiver Eligibility for Non-immigrant Visa Applicants

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.  

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

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.

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Supreme Court Rules Asylum Seekers Cannot Seek Federal Court Review of Expedited Removal Orders

A citizen of Sri Lanka attempted to enter the US illegally. He was apprehended just 25 yards from the border, and put in an expedited removal process. He did not show “credible fear” of persecution to avoid expedited removal. He invoked the writ of habeas corpus to obtain additional review of his asylum claim and ultimately to obtain authorization to stay in the US. Habeas has traditionally been a means to secure release from unlawful detention.

The US Supreme Court ruled that neither the Suspension Clause nor the Due Process Clause of the Fifth Amendment requires any further review of his claims, and IIRIRA’s limitations on habeas review are constitutional as applied.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the latest US Supreme Court decision and its application to review or expedited removal orders.  If you would like to discuss if you may qualify for asylum, call our experienced immigration attorney at 480-425-2009 or contact an experienced immigration attorney via our website to schedule a consultation.

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Presidential Proclamation Suspending Entry of Certain Non-Immigrants

On June 22, 2020, President Trump signed a proclamation suspending and limiting the U.S. entry of foreign nationals on H-1B, H-2B, J (as intern, trainee, teacher, camp counselor, au pair, or summer work travel program) and L visas and any individuals accompanying or following to join them.

The proclamation applies to those who are outside the U.S. on June 24, 2020 and do not have such non-immigrant visa or official travel document that is valid on that day.

The suspension and limitation on entry does not apply to lawful permanent residents, spouses and children of the U.S. citizens, essential workers, individuals whose entry would be in the national interest.

The proclamation shall expire on December 31, 2020, and may be continued.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the Proclamation.  If you would like to discuss how does this Proclamation affect you, call our experienced Immigration Attorney at 480-425-2009 or contact an experienced Immigration Attorney via our website to schedule a consultation. We look forward to talking with you and helping you analyze the effect of the Proclamation and your alternatives.

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Unemployment benefits for (non)immigrants

As the COVID-19 pandemic continues, we are receiving questions from our immigration clients regarding whether or not they are eligible to seek unemployment insurance benefits in the event of a layoff, reduction in force or termination.

Are you eligible for unemployment insurance? It depends. Each state has different unemployment insurance eligibility requirements. In Arizona, for example, individuals filing a claim for unemployment insurance benefits must indicate that they are able to work, available for work, and actively seeking work. In order to be “available for work,” you “must be ready and willing to accept full-time work when offered without restrictions.” Consequently, it depends on your immigration status and applicable case law to determine if you are considered “available for work” when you are unemployed.

Thus, if you are only authorized to work in the U.S. for a single employer (e.g., holding H-1B or L-1 status) and lose your job, you generally would not qualify because you are not considered “able and available to work” when you are unemployed.

On the other hand, if you have an employment authorization document (e.g., adjustment of status applicants, spouses of E or L status holders,
certain H-4 spouses of H-1B workers, DACA recipients, refugee or asylee), you would generally be “available for work” for another employer. The same applies to lawful permanent residents. Undocumented workers are not “available for work” because they are not legally authorized to work in the U.S.

Please note at that this is only an overview of the unemployment benefits for immigrants and non-immigrants and is not intended as legal advice. IF you were laid off and would like to consult an experienced immigration attorney, calls us at 480-425-2009 or contact us via our website and we will help you determine the best options in your situation.

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Arizona Immigration Attorney Announces Recent Legal Immigration Cases via K-1 and E-2 Investor Visas

Irena Juras, Phoenix, AZ based immigration lawyer assisted another two clients in finalizing their U.S. immigration cases.

Phoenix, AZ (September 9, 2014) – Citizens of countries outside the United States seek to immigrate to the U.S. for many reasons, often times financial, but others a matter of the heart. Recently, Irena Juras of Juras Law Firm assisted two clients who fell into those categories: a Canadian citizen who wanted to legally invest in a U.S. based company and a U.S. citizen who wanted to immigrate his Philippine born fianceé.

The first case involved a Canadian investor who wished to take advantage of the E-2 Treaty Visa, commonly an alternative to the EB-5 Investor Visa.  This type of visa allows a national of a treaty country to enter the United States to develop and direct a business in which (s)he invested, or in which (s)he is actively in the process of investing, a “substantial” amount of capital.  In this case, the gentleman sought to invest in an Arizona based retail business, his E-2 Investor Visa was approved by the U.S. Embassy in Toronto in late August.

Irena second case involved a young couple who sought to get married in the United States.  Irena’s client, a U.S. born citizen, engaged Juras Law Firm to help his fiancée in the Philippines acquire a fiancée (K-1) visa to the United States.  What’s notable about this case is the fact that the fiancée was able to get the visa in only two months, whereas the average processing time is normally five months.  The fiancée legally entered the U.S. and was married within 90 days.  Irena then filed the application to adjust status to a conditional resident status which was approved in three months.

“While most people see the negative headlines associated with immigration, I’m happy to highlight the many benefits of legal immigration to our country, whether it is for investment purposes or assisting two people who love each other in getting married,” commented Irena Juras.
About Juras Law Firm

Named a Top Immigration Lawyer by North Valley Magazine and Avvo, Irena Juras  is a highly respected attorney throughout the U.S. and overseas. As head of Juras Law Firm, an Immigration and Bankruptcy Law Firm in Phoenix, AZ, Irena is an immigrant herself from the Czech Republic, studying and practicing law in the Czech Republic before moving to the United States. Irena is currently licensed to practice law in both Arizona and New York. The firm has represented clients from over 100 countries and 6 continents in immigration matters and international transactions.  Irena has over 20 years experience in immigration law and bankruptcy.