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 1
(05/09/2012 11:25 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 . To many people in the State Department, the report brought back memories of a bitter war in which 58,000 Americans and over 200,000 Vietnamese citizens lost their lives. Along with the memories, the OIG report also shows how much progress has been made in normalizing the post-war relationship between the United States and Vietnam .
Here are some of the main points in the report:
(1) Traces of mutual suspicion still linger from the Vietnam War– which the Vietnamese call the "American War." However, trade between the US and Vietnam has increased 17-fold in the past decade.
(2) Interest in the United States is high: A televised broadcast of an interview with the Ambassador was watched by an estimated 20 million viewers in Vietnam .
(3) In the academic year 2010-2011, 14,800 students from Vietnam studied at U.S. colleges and universities – ranking Vietnam as 8th worldwide in numbers of students in the United States .
(4) The Consulate General in Saigon handles all immigrant visa cases processed in Vietnam (except for adoptions), and consistently rates as one of the five busiest immigrant visa posts in the world. In FY 2011, the Consulate General Ho Chi Minh City adjudicated 52,000 immigrant visa applications.
(5) The consulate general has a high level of fraud, particularly marriage fraud, which makes work difficult. Between 50 and 60 percent of all immigrant visa applicants are refused. Not all of these refusals were due to suspected fraud. The report found that consular officers have somewhat differing views on which immigrant cases should be approved and which should be returned to US CIS for revocation.
(6) Adoptions: The United States suspended its adoption agreement with Vietnam in 2008 due to suspicions of fraud and baby selling.
(7) The report also made some recommendations to the US Consul General, namely that he should try to pay certain housing expenses on time, that he should put more emphasis on writing reports of his activities, that he should never meet with Vietnamese officials unless he is accompanied by other staff from the Consulate, and that he should follow Vietnamese government import restrictions about bringing in a vehicle that is more than 5 years old.
(8) It is interesting to see that the State Department report also mentions that consular officers receive rest and recuperation travel benefits (R&R), because of the “challenges” of living in Vietnam . In addition, because of the “challenges” of living in Vietnam , the salaries of the Consulate staff in Saigon are increased by 25 % as a “hardship” allowance.
The OIG report is long and not very interesting to people outside the State Department, but there is one recommendation which is amusing: “The US Embassy in Hanoi should not use excess year-end funds to purchase wine that is not needed in the current fiscal year”.
In a future program, we will continue to look at the OIG report, especially at the sections dealing with immigrant visa processing.
Q.1. Exactly why does the State Department classify Vietnam as a “hardship” post?
A.1. In fact, 60% of American embassies and consulates are designated “hardship” posts for reasons including security threats, poor quality hospitals and schools, and oppressive weather. The report does not say exactly which reasons apply to Vietnam , but those reasons probably include the weather and medical facilities.
Q.2. The OIG report states that between 50 and 60 percent of all immigrant visa applicants are refused. Is this because of attempted fraud?
A.2. No, there is not that much attempted fraud. Many of the cases are refused because the applicants do not bring all of the required papers with them to the visa interview. As a result, they need to go back to the Consulate later to submit the missing items.
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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