Tier 1 Investor Visa UK New Changes Effective from 6 November 2014

The UK has announced radical changes to its Investor Visa Scheme.

 

The British Home Office has announced significant changes to the Tier 1 (Investor) Visa scheme in line with recommendations Migration Advisory Committee’s (MAC) recommendations.

Below is an overview of the changes that are coming into effect on 16 October 2014:

i) increase of the minimum investment threshold from £1 million to £2 million (The £5 million & £10 million options to accelerate settlement in the UK are still available);

ii) the removal of the “topping up” requirement which was mandatory under the previous rules if the investment’s market value fell below the required threshold;

iii) the removal of the “loan route” option, which allowed applicants to use borrowed money to make their investment in the UK;

iv) the requirement to invest full £2 million instead of investing 75% with remaining 25% invested in real estate (property); and

v) transitional arrangements so that the current Tier 1 (Investor) visa holders are not subject to these changes when they apply for extensions or for settlement (indefinite leave to remain)

The news might be disappointing for those who were in the process of making their applications as the minimum investment threshold has been raised from £1 Million to £2 Million. However it’s not all bad news as these changes will come into effect on 6 November 2014 and will only apply to applicants granted the Tier 1 (Investor) Visa on or after this date.

This means that those investors who have already secured Tier 1 visas or have made or will make their applications before 6th November 2014 will still be able to rely on the old rules until they become settled in the UK.

In other words, those who want to benefit from the lower investment threshold of £1 million are advised to apply before 5th of November.

Bangladesh Child Adoption and Immigration

Bangladesh is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (Hague Adoption Convention). Therefore, when the Hague Adoption Convention entered into force for the United States on April 1, 2008, inter-country adoption processing for Bangladesh did not change. Bangladeshi law does not allow for full adoptions of Bangladeshi children.

 

Bangladesh law permits its own citizens to apply for legal guardianship of children. Under Bangladeshi law, the 1982 Guardianship and Wards Amendments Ordinances granting legal guardianship of Bangladeshi children to dual citizen. Bangladeshi dual Citizen who have legal guardianship of a Bangladeshi minor should note that for immigration purposes, guardianship and adoption are not the same. Simple, conditional, or limited adoptions are more accurately described as legal guardianship and are not considered valid adoptions for U.S., Canada, UK, Australia, Schengen and other develop countries immigration purposes.

Who Can Adopt a Bangladeshi Minor and apply for Immigrant Visa?
A Bangladeshi by Born Citizen who is also by naturalized Citizen of Foreign Countries who has obtained guardianship of a Bangladeshi child under Bangladeshi law may apply for an immigration visa for that child to settle in Foreign Countries.

There have been a number of instances in which foreign resided Bangladeshi Citizens have been poorly advised by legal practitioners, so called consultants and have entered into fostering/adoption arrangements, do not meet the complex Bangladesh and Foreign Country’s legal and immigration requirement. Dual citizens who is by born Bangladesh Citizen and by Naturalized Foreign Country’s Citizen intending to adopt a child in Bangladesh should not attempt to circumvent the proper processes. Adoptions that do not meet these requirements will not meet the requirements for the issuance of foreign country’s immigrant visa for the children.

What is the process of Adoption and Visa?
The process of obtaining guardianship of a child in Bangladesh and applying for an immigrant visa for that child requires that prospective adoptive parents meet complex Bangladesh and Foreign countries legal as well as immigration requirements. All Foreign Embassies/Consulates/High Commission situated in Bangladesh give each application careful consideration on a case-by-case basis to ensure that the legal requirements of both countries have been met for the protection of the prospective adoptive parent(s), the biological parents, and the child.

What Documents are Needed for the Employment Contract of a Foreigner in the Ukraine?

Due to current political changes, various processes of documentation preparation for foreigners in Ukraine seem to be easier than even a year ago. Due to this fact, one of such spread branches like creation and processing the employment agreements and contracts can generate much less issues, questions and complications in comparison to many other cases

 

It is not a secret that a large number of foreign citizen regularly obtain different offers from Ukrainian public and private companies which plan to employ representatives of one or another nationality into the staff. For the most of cases, prevailing volume of such propositions may contain detailed necessary information in regard to each and every type of the document for providing by the company management and the foreign nationals. The main purpose here is defined by full organization of legal stay and work for the citizen of other country in Ukraine. In addition, the set of necessary for the foreigner documentation includes those papers which must be obtained by and later provided by the potential employer. Thus far, the question of getting a decent job in Ukraine does not limit on his/her side but at the same time creates a certain responsibility for the outsourcing company.

According to current terms and conditions of the valid legislation of Ukraine, the largest part of foreigners from different countries of the world may have a legal right to stay in Ukraine for 90 days after the day of actual crossing the border. However, for such specific purposes as official employment in Ukraine one of the necessary conditions appears as obtaining a long-term visa that is called “D” type. But this working visa does not provide an eventual permission to work unless it would be accompanied by the package of all necessary documents, which must be prepared or/and collected with actual participation of both sides the potential employer and future employee.

Talking about launching the entire process, it will involve a specific procedure in order to obtain an expected working allowance for the foreigner in Ukraine. Despite its visible easiness, mentioned above process can hide complications because of essential official explanations for the public bodies of the country. Such explanations must contain the reasons of the employer hiring non-Ukrainian instead of providing local inhabitants with the work. In some cases Ukrainian controlling committees may forward the vacancy to Ukrainians with the following invitations for interviews.

At this stage the future employer also submits a request to a foreigner on the necessary documents, such as education certificates and diplomas, absence of the former convictions, medical references, as well as copies of the documents to identify the foreign person and their legal translations and so on. In the case of this stage being successfully accomplished the foreigner will obtain a valid working permission followed by granting “D” type visa. After confirming that such document had been granted to the foreign person, he/she can access Ukrainian territory without any additional difficulties and sign the working agreement as intended. It is also important to take into account that medical insurance must be received for the whole period of the contract validity if it does not exceed a one year. It will be advisable to provide a renewal for the policy of the medical insurance for the cases when its length is more than a year.

It will be required from the company-employer to inform all the official bodies about its creation and/or further elimination after actual signing the employment agreement if the one will take place. Following the route it is necessary to submit relevant reports to all the appropriate public institutions with information on the tax payments for the foreign employee and the rest of various matters of forms. In addition, the foreigner will have to keep in mind that any allowances for working in the country longer than a year are rarely granted by legal bodies of Ukraine.

Thus far, it will be not a surprise if the working agreement to be extended in order to carry out the same activities for more than a year. Applying for the extension of working contract, both sides will have to submit complete sets of documents, similar to mentioned above. It will not be a secret that many companies will try to avoid wasting more time on the procedures established by the existent Ukrainian law. In such cases the solution comes from specialized law-advising companies, which have a deep expertise and successful experience in organizing such procedures. If to compare the prices for independent applying and using the help of the legal agency, it may seem to be more expensive to use the last one.

However, the time and efforts saved in the process will easily explain an additional value of such services. In order to summarize the process of applying for the working agreement, it is important to say that the technical part of this question will be rather simple, comprehensive and predictable. Possible complications happening in the working legalization in Ukraine mostly appear for the reasons of different law regulations in different countries. Therefore, a professional recommendation from practicing attorney may help to solve a potential problem in the field of guarantees of social and labour rights of the foreigner in Ukraine.

Besides, it will allow to find out about his/her efficient mechanisms of the legal protection and own substantive rights and so on. There will be also a real chance for inviting a lawyer to join in the process of conversations and negotiations with the potential employer, as well as to review and correct the employment contract. For all these cases, looking for the help of qualified law adviser with the practical experience within a wide range of legal issues can be important part of the process. Legal support and advice for the further preparation and processing of official relationships between Ukrainian employer and foreign employee must be also foreseen and organized by the reliable and experienced legal practitioner.

L-1 Visa Denial: Three Reasons to Appeal in Federal District Court

When an L-1 Visa is denied by USCIS, you may have the option of skipping an administrative appeal to the AAO, and file a petition for review with a Federal District Court under the Administrative Procedure Act.

 

The L-1 Visa is designed for intra-company personnel’s transfer within branches of a multinational company. The main requirement for the L-1 Visa is that the beneficiary has been employed from the company abroad for at least one of the three years preceding the Visa petition.

There are two types of L-1 Visa: the L-1A, for Manager and Executives, and the L-1B, for specialized employees of the company.
The L-1 is a very desirable Visa, because:
• it does not require for a beneficiary to have any particular academic qualification;
• it allows “dual intent”, meaning that an L-1 Visa holder is allowed to seek permanent resident status;
• unlike the H-1B Visa; it is not subject to annual caps.

On the other hand, it has become increasingly more complicated in the past few years to obtain L-1 Visas.
L-1A Visas are generally denied due to insufficient staffing of the U.S. Company. It is important to note that immigration laws do not require a minimum number of employees that an L-1A beneficiary is supposed to supervise, and often USCIS abuses of its discretion.

On the other hands, L-1B Visas are often denied (denial rate is around 80%) for the reason that USCIS claims that the type of work is not “specialized” to a level required by federal law.

When an L-1 petition is denied by USCIS, an appeal can be filed with the Administrative Appeals Office (AAO). However, I strongly believe that, in most cases, there are at least three compelling reason to skip an administrative appeal, and to go directly to a Federal District Court.

First, the AAO has become extremely slow in adjudicating appeals of Visa denials. In my experience, you will not get a response in less than 6-8 months. It is hard to believe that any multinational company can wait this long to know whether they can transfer an employee to the United States branch.

Second, although Federal Court review is very limited, most denial decisions by USCIS are irrational, arbitrary, and capricious, falling within the scope of the judicial review provided by the Administrative Procedure Act (APA). This is especially true in L-1B Visas. Besides very few instances, USCIS simply does not have the expertise to establish whether a job description involves “specialized” or “advanced” knowledge of the company’s product or procedures. As a result, USCIS often denies L-1B Visa petitions by simply ignoring the evidence submitted, or by giving it an improper and irrational meaning.

Last, by filing an appeal in Federal District Court, you will have an opportunity to present your case to a judge, discussing at length the specific facts of your case. Besides the timing, (the U.S. has 60 days to file a responsive pleading) it is also important to note that the Federal Government may not have always a strong interest in litigating Visa appeals matters.

Of course, many will ask: how it is possible to skip the Administrative Appeal Office?

As said before, Federal Court review of Visa denials is limited by the APA.
The Supreme Court has ruled that in cases seeking judicial review pursuant to the APA, a plaintiff is not required to exhaust non-mandatory administrative remedies. Darby v. Cisneros, 509 U.S. 137 (1993).

The Supreme Court based its decision on the language of 5 U.S.C. § 704, which states that an agency decision is deemed final, and therefore immediately subject to judicial review, despite the possibility of any form of reconsideration or appeal, unless an appeal is mandatory or “required by rule” where the rule also makes the agency decision “inoperative” pending the outcome of the appeal. Id.

Darby ‘s interpretation of 5 U.S.C. § 704 was cited with approval in a recent First Circuit decision, Nkihtaqmikon v. Impson, 585 F.3d 495, 498–99 (1st Cir.2009).

Applying the Darby doctrine to the immigration context, an appeal is not required prior to seeking judicial review if: (1) there is no statute or regulation that mandates an appeal to the AAO, or, (2) even if there is such a statute or regulation, it does not stay the agency decision pending the outcome of the appeal.

The INA does not require an appeal to the Administrative Appeals Office. Further, the regulations governing L–1 visas plainly state that an appeal from a USCIS decision is optional, not mandatory. Under 8 C.F.R. § 214.2(l)(10), a petition denied in whole or in part may be appealed under 8 C.F.R. part 103. Olamide OlorunniyoOre v. Clinton, 675 F. Supp. 2d 217, 223-24 (D. Mass. 2009).

 

How Do I Help My Spouse in Another Country Become a Legal Permanent Resident?

The United States provides a special visa for a person who is engaged to a United States citizen to come to the United States to get married. However, the process works a little differently when the spouses marry abroad.

 

I-130 Petition

The process begins with the I-130 petition, which is filed with the United States Custom and Immigration Services office.

K-3 Visa or Consular Processing

After the I-130 petition is filed, the couple may choose to pursue a K-3 visa or may await approval of the I-130 petition and proceed with consular processing. In many cases, this decision is simply made for them. Once the I-130 petition is approved, the need for the K-3 visa disappears.

K-3 Visa

The K-3 visa is a special visa for spouses of United States citizens. It permits the spouse to enter the United States to wait for approval of the I-130 petition and for a visa to become available. Some spouses use this visa so that they can stay together in the United States, rather than face possible separation with the USC living in the United States and the spouse living abroad. This visa is sometimes used as a backup if the I-130 process is taking too long.

Once the United States citizen receives the issuance of receipt notice for the I-130 petition, he or she files an I-129F with the same USCIS office. In turn, the USCIS forwards both petitions to the National Visa Center. The visa must be filed and issued in the country where the marriage occurred. If the National Visa Center receives the approved I-130 before the processing of the I-129F is completed, the K-3 visa is administratively closed. Then, the National Visa Center processes the application for the immigrant visa only.

If the I-130 has not been approved and received at the consulate, the spouse applies for the K-3 visa at the consulate. Once approved, the spouse applies for inspection at a port of entry. K-3 status is valid for two years. During this time, the spouse applies for an adjustment of status to a permanent resident by filing Form I-485.

Consular Processing

Once the I-130 is approved, the National Visa Center assigns a case number for the petition. The spouse completes a form that shows the choice of address and agent. This step is typically skipped if the spouse has a lawyer who completed the I-30 for him or her.

The National Visa Center sends the United States citizen and his or her spouse instructions regarding where to pay the visa processing fee and instructions regarding the documents that are necessary for processing. The petitioner and spouse complete the necessary documents and gather other documents. Applicable documents include the affidavit of support, application forms, identifying documents and civil documents. The spouse should have a valid passport and passport photographs.

The affidavit of support is a legal contract required by United States law. It is between the United States citizen sponsor and the United States government. It demonstrates that the USC spouse has adequate means to financially provide for the spouse whom he is bringing into the country. The USC spouse may need to gather additional financial documents to include with the affidavit of support, including tax returns.

Additionally, the spouse will need to undergo a medical examination and receive documents from the physician who performs such examination. The spouse may also have to receive vaccinations. Instructions regarding the requirement for a medical examination should be sent by the National Visa Center to the spouse.

Visa Interview

Once the National Visa Center determines that it has the necessary documents in hand, it schedules an appointment for the spouse and sends his or her file to the consulate where the spouse is interviewed. Additional instructions are provided at this point. During the interview, the spouse will have his or her fingerprints scanned.

At the visa interview, the spouse must provide original documents of all necessary documents. If there are any documents in another language, they must be translated to English. The medical examination and any vaccinations must be taken care of before the visa interview.

If the spouse is approved for the visa, he or she must pay the immigrant visa fee before he or she can travel to the United States.

Arriving in the United States

If the consular officer approves the visa, he or she provides the spouse with his or her passport with an immigration visa included in it. He or she also provides a packet to the spouse that is opened by an immigration official at a port of entry. The spouse must enter the United States before the expiration date on the visa.

USCIS Announces Changes to the Cuban Family Reunification Parole Program

U.S. Citizenship and Immigration Services (USCIS) has announced that beginning February 17, 2015, it will require those applying to the Cuban Family Reunification Parole (CFRP) Program to file an Application for Travel Document (Form I-131) and pay the associated fee or submit a fee waiver request.

Qualifications for the Cuban Family Reunification Parole Program

The CFRP Program was created in 2007 and allows eligible U.S. citizens and lawful permanent residents to apply for parole for family members in Cuba. To qualify to apply for this program:
1. You must be a U.S. citizen or lawful permanent resident;
2. You must have an approved Petition for Alien Relative (Form I-130) for a family member residing in Cuba;
3. An immigrant visa cannot yet be available for your relative; and
4. You must have received an invitation from the Department of State’s National Visa Center to participate in the CFRP Program.

Eligibility Requirements for the Cuban Family Reunification Parole Program
To be eligible to participate in the CFRP Program, your relative must:
1. Be a Cuban national living in Cuba; and
2. Have a petitioner invited to participate in the CFRP Program by the National Visa Center.

Petitioners who receive a CFRP Program invitation from the National Visa Center on or before February 17, 2015 must:
1. File a completed Application for Travel Document (Form I-131) with supporting documentation; and
2. Pay the required fee or submit a fee waiver request.

Petitioners who receive a CFRP Program invitation from the National Visa Center prior to February 17, 2015 do not need to file Form I-131 or submit a fee.

Immediate family members of U.S. citizens — spouses, unmarried children under the age of 21 and parents of U.S. citizens over the age of 21 — are not eligible for the CFRP Program since they may apply immediately for immigrant visas once their Form I-130 has been approved.

Family members who are granted parole under the CFRP Program may enter the U.S. without waiting for an immigrant visa and may apply for authorization to seek employment while awaiting lawful permanent resident status.

 

Waiting for Deportation? Do Not Be Afraid

Facing deportation can be scary. If you are facing the possibility of being deported from the United States, you need to contact an experienced immigration defense attorney as soon as possible to begin working on your case’s defense strategy. Deportations are governed by the Immigration and Nationality Act of 1965.

Do not panic if you are informed that you are being deported. It is important that you understand exactly why you are being deported before you seek to have the court repeal its decision. Discuss your case and your individual circumstances with an immigration attorney who can explain to you exactly why you are being deported and what your legal options are.

Reasons Why People Get Deported

In the United States, there are many reasons why an individual may be deported. These are known as grounds for deportation and include the following:

Failure to obey the terms of one’s visa;
Failure to maintain one’s visa status;
Failure to tell the United States Citizenship and Immigration Services (USCIS) about one’s address change;
Conviction of certain criminal acts;
Violation of immigration laws;
Unlawfully receiving public assistance from the United States government;
Helping to smuggle illegal aliens into the United States;
Gaining legal immigration status through marriage fraud; and
Claiming to be a United States citizen in order to obtain government benefits.

Inadmissibility to the United States

Sometimes, an individual may not enter the United States. This is known as inadmissibility. Some possible grounds for inadmissibility include the following:
Entering the United States without permission;
Being convicted of certain crimes;
Having a physical or mental disorder that presents a danger to the individual or those around him or her;
A threat of espionage or terrorism;
A strong likelihood of needing public assistance once inside the United States;
Helping to smuggle others into the United States; and
Having a communicable disease that has the potential to cause an outbreak.

Tips for Individuals Facing Deportation

If you are facing deportation, you have a few options. The most important thing to do if you are in this situation is to contact William G Meyer a experienced immigration attorney for legal help with your case. Building a strong defense for your case is the key to staying in the country. An attorney who has a thorough understanding of immigration and deportation laws as well as experience handling this type of case can help you understand how the laws in place affect your situation and ways you can defend yourself against an order of deportation.

You may be able to work with the court to adjust your immigration status or renew your conditional residence with Form I-751. Talk to your attorney about seeking a Relief from Removal. A Relief from Removal is a document that can cancel an individual’s deportation by allowing him or her to voluntarily depart from the United States, by adjusting his or her immigration status, by granting him or her asylum in the United States, or by cancelling the deportation altogether.

Consider leaving the country voluntarily in order to avoid the consequences that come with a removal order, such as being barred from entering the United States again for anywhere from five to 20 years, possibly permanently. If you are ordered by a judge to leave the United States, you must do so within 30 days. By receiving a grant of voluntary departure, you may have a deadline of up to 120 days to leave the country. However, this deadline is firm. If you do not leave the United States within the time frame you are given, you may face civil penalties and difficulty re-entering the country.
Contact William G Meyer an Experienced Toledo Immigration Attorney

The key to solving your deportation issue is being proactive and seeking help from an experienced immigration attorney as soon as possible.

 

Visa Denial under 214(b), 221(g), and Administrative Processing

If you or a loved one has been refused a visa under Sections 214(b) or 221(g) or through administrative processing, a difficult road lies ahead. This denial signifies that a consular officer has already made the determination that insufficient evidence is present to warrant the issuance of a visa. However, this finding can be overcome.

 

Visa Process

Before a visa is issued, a thorough process is undertaken. This includes a review by the consular office of the documents that have been submitted to him or her by the applicant. The individual’s background is checked and a personal interview is conducted to evaluate whether the applicant meets eligibility requirements.

Reasons for Denial

A visa to the United States may be denied for several reasons. In some cases, adequate evidence is not provided to support the issuance of a visa. For example, in Section 214(b) visa cases, applicants are generally applying for tourist visas or student visas. In order for a visa to be issued, the applicant must submit meaningful evidence of funding, evidence that there is a valid purpose for the trip and evidence that he or she has strong ties to a residence that is abroad that would compel him or her to return after the visit or completion of an educational program. In other cases, the consular officer may suspect fraud.

Notice of Denial

If a person has not been issued a visa, he or she will receive a 221(g) that indicates that adequate evidence was not provided. This is usually because the applicant failed to demonstrate that he or she had strong ties to a residence abroad. In other cases, such as those requiring administrative processing, there may be a discrepancy in the documents that warrants additional time to investigate.

Evidence to Refute

In order to overcome the original denial, the applicant for the visa has to provide strong evidence to refute the finding. This evidence includes a showing that he or she has strong ties to a residence abroad. To refute the finding that adequate evidence was not submitted, a visa applicant can submit evidence that shows that he or she would not abandon the residence to stay in the United States.

This may consist of showing that the applicant has a steady work history and a job that he or she would likely return to. Additionally, he or she may provide evidence of collateral or the ownership of property that would refute that he or she would likely abandon the residence. Alternatively, if the visa application is for a K-1 visa, the applicant must show the bona fide merit of his or her relationship to the United States citizen.

In instances when the consular officer has believed that an application was based on a sham marriage or fraud, the applicant must be able to overcome this suggestion. By providing evidence of the legitimacy of the relationship, an applicant can work his or her way closer to a visa approval. Administrative processing can be difficult for applicants to deal with because their case continues in a state of purgatory in which neither a denial nor an acceptance has been issued. Because these cases are determined on a discretionary basis, there is little that an applicant can do to speed up the process.

221(g) Denials

In some instances, the United States Citizenship and Immigration Services approves a petition for the visa applicant only for a United States consulate to deny it. The reason for this is commonly due to requirements in INA Section 221(g). This section discusses how a person may receive a petition-based visa.

If the consular officer determines that the applicant does not meet the requirements, he or she can refuse to issue it under this section. At the same time, the consular officer requests that the United States Citizenship and Immigration Services revoke the earlier-approved petition for the applicant. One reason why this situation may arise is if new and negative information is discovered during the consular interview.

For example, the consular officer may determine that a K-1 applicant does not meet the definition of being a fiancé because he or she fails to show that there is a bona fide relationship or that a sham marriage was entered into in order to circumvent immigration laws. Like administrative processing, a case that is denied under Section 221(g) can remain dormant to the applicant’s utter frustration.

Individuals who have experienced a denial of this nature should discuss the case with an immigration attorney.

Frequently Asked Questions in Adjustment of Status Cases

Adjustment of Status is the most exciting process for most aliens because this is the last and final step in the process of obtaining a legal permanent resident status in the United States. This part of the process belongs not only to the applicant alien but also to his or her accompanying dependents such as spouse and unmarried children under the age of 21. The following are the frequently asked questions in adjustment cases.

 

Adjustment of Status is the most exciting process for most aliens because this is the last and final step in the process of obtaining a legal permanent resident status in the United States. This part of the process belongs not only to the applicant alien but also to his or her accompanying dependents such as spouse and unmarried children under the age of 21. The following are the frequently asked questions in adjustment cases:

1) How does an alien apply for adjustment of status? What is the filing fee?
The alien should submit forms I-485, I-765 and I-131. The last two forms are optional. I-765 is the application for employment permit, which will authorize the alien to work while waiting for the green card. I-131 is the advance parole document, which will allow the applicant to travel outside the United States while the adjustment of status is pending. Generally, the filing fee is $1,010, which includes a biometrics fee of 80. Applicants under 14 years of age and 79 years of age or older are not charged a biometric fee so the total fee is only $930. For applicants under 14 years of age, if filing with at least one parent, the fee is $600.

2) Maria entered the United States as student. She was in her second year of the master’s degree program when she found employment for EB-2 category. Does Maria lose her student or F-1 status upon applying for adjustment?
No. The filing of adjustment application does not terminate lawful non-immigrant status. If the EB-2 application is denied and the F status had expired at the time of denial, the alien would likely be unable to obtain another F-1 visa because of lack of non-immigrant intent. If the alien stopped attending school and did not maintain his or her F-1 status before filing for adjustment of status, his or her application will likely be denied.

3) When should the Employment Authorization Document (EAD) extension be filed?
U.S. Citizenship and Immigration Services accepts filing up to four months in advance of expiration. I suggest filing between three to four months in advance.

4) What happens if an adjustment applicant fails to extend his or her EAD and continues to work without EAD and without valid non-immigrant status after the filing of the adjustment application?
Unauthorized employment after the filing of the adjustment application can bar adjustment. USCIS will accumulate any unauthorized employment prior to the filing of the adjustment and unauthorized employment after the filing of the adjustment, and, if the total exceeds 180 days since the last entry to the U.S., the applicant will be considered to be not eligible to adjust.

5) What happens if the adjustment applicant does not work without authorization but fails to maintain any non-immigrant status after the filing of application for adjustment?
As long as the violation of status was less than 180 days after the last entry and before the filing of the adjustment application, the alien should be able to adjust without any problems.

6) Can the applicant for adjustment of status be a beneficiary of a non-immigrant visa petition filed by a different sponsor while the adjustment application is pending?
Yes, there is no requirement that the alien be employed by the sponsor on a permanent basis. The beneficiary can change employer once the petition is approved and the adjustment application has been pending 180 days.

7) Can a foreign national have more than one adjustment of status application pending at the same time? For example Mr. A was sponsored by General Electric as Chief Engineer and his I-140 was approved. Mr. H filed for adjustment of status which included his derivative beneficiary such as his wife, Mrs. W. She was likewise sponsored by Intel as software engineer and her I-140 was approved. She filed for adjustment of status and included Mr. H in her application.
There is no prohibition on multiple filings, but as a practical matter this should be avoided as it may cause confusion regarding biometrics, RFE’s, etc.

8) If an H-1B holder files for adjustment of status and his or her spouse and children are outside the United States, can the spouse and children enter the United States on an H visa?
Yes, provided the principal H-1B holder maintains his status as such.

9) If the applicant has children abroad, what does he or she need to do to prevent the children from aging out?
The applicant/parent must file Form I-824 with the adjustment application. This will be considered the child’s application for visa.

10) In January 1991, Jose, a U.S. citizen, filed an I-130 petition on behalf of his daughter, Maria. The petition was approved three months after or in March 1991. In December 1999, Maria came to the United States on a tourist or B1/B2 visa. Maria was authorized to stay for six months, but she never left the United States. Last month, she received a notice from National Visa Center stating that her visa number is available. Can Maria files for adjustment of status?
Yes, Maria is eligible for adjustment of status despite the fact that she has been out of status because she has the benefit of INA section 245(i). This allows an alien who has an immediate available immigrant visa to apply for adjustment of status even if he or she failed to maintain status or was employed without authorization to work. To be eligible under 245(i), an alien must be the beneficiary of an immigrant visa petition or application for labor certification that was filed on or before April 30, 2001.

 

Consular Interview for K1 Fiance Visa

Consular interview at the US Consulate is the final stage of the K1 Fiance Visa process. It is an arduous part of the visa application process on two levels. First is the fear of the personal interview with a consular officer and then whether there are any inadmissibility issues making the person not qualify for a visa. Moreover, there are more visa forms to complete and documents to submit at the time of the interview.

 

The K1 visa interview is the final stage of the US fiance visa process and for the typical interviewee, it is fraught with emotional anxiety and fear of what the consular officer ask.

Questions asked by the officer is generally geared at determining whether the couple has a sincere or bona fide relationship. In generally practice, the interviewing officer will review the documents that the American petitioner submitted to USCIS in the I-129F form, and any additional evidence submitted by the visa applicant. The officer conducts a due diligence in that he/she reviews the information in the file and ask the visa applicant questions to ascertain the sincerity of the relationship. Interviewees may feel intimidated in this situation as one would be if sitting across a complete stranger who asks you personal questions regarding your relationship with your loved one. Nonetheless, the officers are trained to scrutinize the applicant for any legal inadmissibility issue and whether the couple’s relationship is bona fide.

Any temptation to lie to the consular officers is pointless as they are trained to detect those deceptive techniques used to obtain a visa. The penalty for lying to a consular officer could result in an outright denial of the visa application and possibly a bar on entry to the US for years to come. Thus, honesty is the best policy when it comes to answering sensitive questions at the interview.

For visa applicants who were issued a “blue sheet” 221(g) under Immigration and Nationality Act (INA), wherein the consular officer discovered new information or detected a discrepancy in the case, the applicant is given an opportunity to remit evidence to reconcile the issue at hand. This may be in the form of more providing them missing documents, or an affidavit from the US citizen petitioner attesting to the discrepancy. The purpose of the consular interview is not to harass or intimidate the fiance(e) but to determine whether the individual has complied with the requirements for the visa.

In light of this, should the applicant receive an outright denial as the consular officer predicated the decision on some fraud or misrepresentation in the relationship, then more than likely found the applicant legally inadmissible to the US. Often, there are waivers available for the applicant depending on the grounds of inadmissibility. For instance, an applicant may be inadmissible based on a previous overstay in the US, therefore a proper basis for a I-212 waiver for overstay.