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Is It Possible To Apply For Marriage Visa While Outside Of United States?

A common question that marriage visa applicants ask is: Can an American citizen petition for his or her foreign national spouse while living outside of the United States? Many couples living overseas assume that they cannot apply for the foreign national spouse’s permanent residency until the U.S. citizen spouse is living in the …

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How Much Does the Marriage Visa Process Cost? Part II: Outside the United States

A common question that potential clients routinely ask me is: How much does the marriage visa process cost?

Most potential clients I speak to know some of the costs – but not all. The following is meant to outline the costs involved when the foreign national spouse is outside of the United States. Part I …

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Transsexual Immigration Case Decided

Recently the Board of Immigration Appeals (BIA) issued an unpublished report that examined the marriage visa’s availability for a postoperative transsexual individual who had married her husband after the operation. At issue before the court was the applicant’s inability to get her native country to change her birth certificate and passport to reflect her change …

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New Filing Location for Stand Alone I-130 Filings

The USCIS has announced that effective January 1st, 2012, it will begin accepting stand alone I-130 petitions at two different lockbox locations. The I-130 petition is used to file for an immigrant petition based upon family relationships, such as being a spouse of a U.S. citizen, child of a U.S. citizen, parent of a U.S. …

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I-130 Beneficiary Questioned By USCIS At Work?

It was recently reported that an immigrant who was applying for an I-130 immigrant visa was confronted by an USCIS investigator while at work. The Investigator began asking the beneficiary questions and also questioned why the immigrant applicant requested that her attorney be present during the questioning. Although the USCIS is currently investigating the appropriateness …

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Overseas I-130 Immigrant Visas To Be Centralized At UCIS Address in Chicago

As has been predicted by this NYC Family Immigration lawyer, the USCIS and the Department of Homeland Security have announced that starting August 15, 2011, all I-130 immigrant visas will have the option of filing at the Immigration agency’s Chicago Lockbox.

Previously, most family-based immigrant petitioners living overseas were required to file the I-130 immigrant …

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USCIS to Issue Joint Advance Parole and Work Authorization Document for Family Immigration Petitions

The USCIS has announced that it will soon begin issuing joint advance parole and work authorization documents for applicants seeking family-based immigration petitions.

Normally, when an immediate relative of a U.S. citizen seeks to obtain permanent residency in the United States, the applicant will file an “adjustment of status” application and will concurrently file an …

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Changes Coming To I-130s Filed By Petitioners Living Abroad

Nearly 95% of the I-130s (Family-based immigrant petitions) that are processed by the USCIS are processed in the United States (namely because the petitioner lives in the United States). However, in the other 5%, petitioners file the I-130 at the U.S. Consulate closest to where they live. This option was open to petitioners who could …

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New Filing Location for Some Canadian Family Immigration Petitons

The USCIS recently announced that some family-based immigration applicants from Canada will need to file their applications at a new filing location. The new address will allow applicants to better track their applications by allowing them to have a text message or email sent once an application is received. Canadian immigrants who live in Canada …

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Marrying On a Visa Waiver? Problems May Await

Many foreign nationals enter the United States and marry their U.S. citizen sweetheart without much forethought about the specific immigration details involved. Many believe that it is simple for a foreign national to obtain a green card once he or she is married to a U.S. citizen. It is not.

As a recent New York …

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Can A US Citizen Sponsor His or Her Parents?

Becoming a U.S. citizen is a long and difficult path. Many newly minted American citizens have had to endure years filled with almost endless immigration hoops and barriers. Once they become newly minted American citizens, some of the first questions that they ask are about their parents:

Can a U.S. citizen sponsor his or her …

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