CAN THE SPOUSE OF A PERMANENT RESIDENT APPLY FOR A GREEN CARD WHILE IN THE US?
If you are in the U.S. and married to a Permanent Resident, and your visa petition is current, can you apply for a Green Card while in the U.S. ? The answer may be “yes” if you entered the US legally and your immigration status is still legal.
VIETNAM LEGALIZES SAME-SEX MARRIAGE. ALMOST.
It's no longer illegal to "marry" your same sex partner in Vietnam. Vietnam has legalized gay weddings.
The Supreme Court will hear oral arguments about CSPA-F2B cases
On December 10, the US Supreme Court will hear oral arguments in the case of Mayorkas v . Cuellar de Osorio.
Vietnam Revisited - Part 2
(05/16/2012 09:33 AM)
The Department of State's Office of Inspector General (OIG) recently published an Inspection Report of the US Embassy in Hanoi and the US Consulate General in Saigon . Here are some of the main points of the report, in the area of visa processing at the Consulate:
(1) The report recommended that American consulate staff and local Vietnamese staff of the consulate should not contact the Immigrant Visa Unit about pending cases. For instance, in the past, they might ask the Immigrant Visa Unit to review a case, or tell why they believe an applicant is qualified, or ask the consular chief or another manager to conduct a second interview. These practices violate State Department policy.
(2) In October 2010, the consulate general allowed certain visa cases to have expedited appointments at the request of the Consulate’s executive office, or at the request of local Vietnamese employees. As a result of the OIG report, this practice was stopped.
(3) The consulate general’s immigrant visa section is led by a unit chief and a deputy unit chief. There are also 6 entry-level American consular officers and 25 local employees working in the unit.
(4) Between 50 and 60 percent of all immigrant visa applicants are refused under Section 221(g) of the Immigration and Nationality Act, because they lack required documents at the time of the interview. The OIG report said that the consulate general’s Web site contains information about required visa documents, but it is confusing and not well presented. The Web site does not emphasize the importance of having all documents available for the interview.
(5) The report said that the immigrant visa unit did not enforce appointment times. For instance, an applicant with a 10:00 a.m. appointment may be seen before an applicant with an 8:00 a.m. appointment. This arrangement is inefficient and can cause significant delays; some applicants wait up to 4 hours for an interview. Immigrant visa applicants should be admitted only at the time of their appointment at Consulate General.
(6) Consular Officers have differing views on which immigrant visa cases should be approved immediately and which should be returned to US CIS for revocation. Since US CIS approves all petitions before they are sent to a post for issuance, only CIS can revoke a petition. At the consulate, a manager should review all cases that have been marked for return to US CIS.
(7) Vietnamese is an extremely difficult language. The Foreign Service Institute in Washington , in coordination with the Bureau of Consular Affairs, should revise the Vietnamese language training curriculum to meet the needs of consular officers who are conducting visa interviews.
(8) Recommendation #12: The Embassy should ask the Bureau of Consular Affairs to update the reciprocity table for Vietnam , to reflect a maximum 3-month, single-entry validity for B1/B2 visas.
(9) If a visa applicant’s case is denied but he presents evidence which could overcome the denial within one year of the date of refusal, consular officers have a duty to reconsider the denial.
Q.1. Is there a clear set of guidelines about sending denied cases back to US CIS for review and possible revocation?
A.1. The OIG report appears to say that consular officers should receive more training in this area and that a manager should review all cases before they are returned to CIS in America .
Q.2. Some denied cases are returned to CIS in America less than one year after the interview. Does this conflict with State Department policy?
A.2. It is true that some denied cases are returned to the US less than one year after the interview. If your case is denied and if you have additional evidence that could overturn the denial, you must contact the consulate as soon as possible after the denial.
ROBERT MULLINS INTERNATIONAL www.rmiodp.com
Immigration Support Services-Tham Van Di Tru
9070 Bolsa Avenue, Westminster CA 92683 (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388
42 Dang Thi Nhu, P. Nguyen Thai Binh, Q1, HCM (848) 3914-7638
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F4, F3, F2B cases under the new CIR
(07/24/2013 02:34 PM)
We continue to receive inquiries from worried sponsors about their pending cases, or new cases, if CIR becomes law. For F3 and F4 cases that are already on file with CIS or NVC, we assure our readers/listeners that there is nothing to worry about.
Business and Visitor Visas
(07/16/2013 11:52 PM)
The usual complaints from applicants who did not get their tourist visa to the US is that the interview is too short, or the consular officer did not bother to look at all the documents they brought, or that there is no appeal possible if the B1 or B2 visa is denied.
AFTER DOMA – WHAT IT MEANS FOR SAME SEX IMMIGRATION CASES
(07/10/2013 05:23 AM)
We were not expecting much interest in this topic in the Vietnamese community, but we have received several inquiries, both from the US and from Vietnam, so here are the main points of the recent change in the immigration law for same sex couples.
S.744, CSPA, DOMA : All in one week
(07/01/2013 06:21 AM)
Last week we saw three very important immigration events. In the Senate, there was a 68-32 vote in favor of the S.744 Comprehensive Immigration Reform bill.
(06/26/2013 06:37 PM)
On today’s show, we’ll answer some questions we received recently. The first one is from a listener who has a two year conditional Green Card.
Progress of the S. 744 CIR
(06/19/2013 12:45 PM)
The biggest obstacle to passage of any type of CIR is the question of border security.
EB-5 Program Updates
(06/12/2013 03:55 PM)
There are 10,000 visas available each year in the EB-5 category. Right now, the spouse and children of the investors are given visas from that 10,000 allocation.
VISA NUMBERS IN 2012
(06/05/2013 10:49 AM)
It is interesting to note that from these 482,000 immigrant visas issued last year, 40% went to applicants from Asia, mainly from Vietnam, China, India and the Philippines.
CIS and CIR
(05/30/2013 01:20 PM)
CIS has moved the Fee payment to its Electronic Immigration System (USCIS ELIS).
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