CIS and CIR

Since February 1st this year, USCIS has been charging a new fee of $165, called an “Immigrant Fee”. This fee is a separate fee, in addition to the Department of State immigrant visa application. The fee allows USCIS to recover the cost of processing the immigrant visa package and produce the permanent resident card.

CIS has moved the Fee payment to its Electronic Immigration System (USCIS ELIS). When the applicants in Vietnam get their immigrant visas from the Consulate, they will also receive instructions about how to pay the Immigrant Fee online.

CIS must receive the $165 Immigrant Fee before they process the Green Card for new immigrants. The fee is for each person, so a family of four would have to pay $660. The Immigrant Fee can be paid online, using credit or debit card, or US checking account number with routing number.

Immigrants can travel to the US without paying the fee, but CIS will not issue a Green Card until the fee is paid.
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Proposals in the new CIR: S.744 will probably be ready for debate in the Senate next month. If the Senate approves it, then S.744 will have to be combined with an immigration bill coming from the House of Representatives. This will be a very complex project and at this time we can only guess what the final form of the bill will be.

Many Republicans are not sure if the new CIR will draw Hispanic voters to vote for Republicans in future and some Republicans are still against the pathway to citizenship for the 11 million illegal immigrants who are now in the US.

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In the new CIR, there is a provision for Retiree Visas. It’s called the Y Visa and it is created for aliens who spend at least $500,000 in cash to buy one or more residences in the US. They must pay more than the appraised value of the home. The Y visa holder must remain in the US for at least six months a year. During that time he must continue to own at least $500,000 in residential real estate, and must live in a home worth at least $250,000. Spouses and minor children may accompany the applicant. Y visa applicants must be 55 or over and have health insurance coverage. Work is not authorized and no form of assistance or public benefit is allowed. The Y visa is valid in three year increments.

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The “Dreamers” who moved to the US illegally before the age of 16 would be eligible to apply for Green Cards after five years and would be eligible for federal financial aid for college study. In California, undocumented students will be eligible for Cal grants—about $1.3 billion dollars’ worth of state aid—starting in the 2013-14 school year.

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Business groups and entrepreneurs are pushing Washington to pass sensible and meaningful immigration legislation, including a visa and "green card" program that encourages foreign investors to come to the United States and invest in new start-ups in the scientific, high-tech and engineering fields. This will create new jobs and spur economic growth.

Creating a visa and "green card" program that attracts investors is a win-win for United States. The new CIR proposals have received support from both business and labor as well as from Republicans and Democrats. This brings us closer to meaningful immigration reform that will help re-invigorate the U.S. economy.

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Q.1. For sponsors who can’t use a computer and don’t have credit cards, Is it possible to pay the $165 Immigrant Fee by sending a check to CIS?
A.1. CIS will only accept payments made online, so sponsors who can’t use a computer will need to get some help for this.

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Q.2. A senator from Hawaii is trying to keep the F4 visa category for siblings of US citizens. Will she get any support for this?
A.2. Unfortunately, the amendment to keep the F4 category was rejected by the Senate. CIS will continue to accept new F4 petitions for 18 months after the start of the new CIR, and then the F4 category will be closed to new applicants. F4 petitions that are filed before the deadline will continue to be processed as usual.

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Q.3. Is the Retirement Visa an immigrant visa that will give the applicants a Green Card?
A.3. No, the Y visa is only a non-immigrant visa, with no benefits of a Green Card. It can be renewed every three years, but it is not a path to permanent residence or citizenship.

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 ROBERT MULLINS INTERNATIONAL www.rmiodp.com
Immigration Support Services-Tham Van Di Tru

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