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.
IS TEXAS THE RIGHT PLACE TO EXPEDITE AN F2B PETITION?
(11/16/2011 07:28 AM)
Ever since we reported about the 5th District Court’s more liberal interpretation of the CSPA, there have been questions about how to benefit from that Circuit’s ruling. If the F2B petitioner moved to a state within the 5th district, would that allow faster processing of >21 children in Vietnam who did not qualify for the CSPA?
We need to remember that the CSPA was not created by the 5th circuit. The law was passed by Congress. After that, it has been the responsibility of each District Court in the US to interpret the CSPA law. This is the nature of most laws. They are interpreted differently by different courts.
The main point of argument is the “Automatic Conversion Provision” of the CSPA. This would allow an F2B petition filed by a parent newly arrived in the US to have the same priority date as that parent’s original F3 or F4 petition.
For Texas, Louisiana and Alabama, the 5th Circuit Court says this is possible. The 9th Circuit, which includes California, and the 2nd Circuit, including New York, say that it is not possible.
We also need to remember that all of the present CSPA litigation in the courts is connected to applicants and petitioners who are already in the US, not to visa applicants in other countries.
The 5th Circuit ruling applied to an >21 F2B applicant who was already in the US. And, the parent of this F2B applicant filed the petition at the US CIS Service Center in Texas, within the 5th Circuit Court’s jurisdiction.
What can be done if the F2B child is still in Vietnam and if the parent filed the petition in a state that is not within the 5th Circuit? Can that F2B somehow receive the original filing date of the parent’s F3 or F4 petition?
No one knows if CIS would allow a recapture of the F3 or F4 priority date if the F2B applicant is outside the US and if the sponsor moved to Texas after the F2B was filed in some other district. No one has tried it before.
However, one of our clients recently moved to Texas after filing an F2B in California. We are assisting him in trying to expedite the F2B processing. Will the CIS Texas Service Center agree to give the F2B petition the priority date of the parent’s F3 petition? We will report as soon as we have more information about that.
Finally, we note that this CSPA debate is likely to get to the Supreme Court within a year or two. The decision of the Supreme Court will make the interpretation of the CSPA the same for all applicants, no matter which state or which country they live in.
Q1. My over-20 son had to stay behind in Vietnam. Now I want to file an F2-B petition. I live in California but can I send the petition to CIS in Texas to take advantage of the 5th Circuit Court’s decision to allow the F2B to get the original filing date of my petition?
A.1. Unfortunately, you must file the petition with the CIS office that has jurisdiction over the place where you live. That means residents of California, Arizona, Nevada, and the north western states must all file their petitions with the California CIS office, which is located in the territory of the 9th Circuit Court.
Q.2. I want to file an F2-B for my son. Can I use humanitarian reasons to ask CIS to give the F2B the same priority date of my F3 petition?
A.2. We have heard of a couple of cases in which CIS-California allowed the original priority date to be used. It is not clear if this was done intentionally or by mistake. But it never hurts to ask.
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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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