New immigrant visa procedures at Ciudad Juarez, Mexico

This is an update applicable to immigrant visa applicants who have a USC spouse and have been in the USA illegally and are going to Ciudad Juarez (CDJ) for an immigrant visa (IV) interview. The paper form DS-230 must now be completed online, and the online version is DS-260. That must be done before the National Visa Center (NVC) will make the IV appointment. Once the NVC sends the applicant the IV appointment letter, the applicant should work with an attorney to complete a hardship waiver package to avoid application of a 10yr bar for being in the USA illegally. The applicant takes the hardship waiver package to CDJ. The applicant should arrive in CDJ at least three business days prior to the IV appointment, because the applicant will need to complete a medical exam and a fingerprint appointment. To get the fingerprint appointment, call the Consulate and give them applicant’s passport information and the confirmation number for the completed DS-260. For phone numbers, see: http://usvisa-info.com/en-MX/selfservice/us_service_options. The addresses of the two approved medical clinics for exams are at the CDJ web site. Once purpose of the IV appointment is to determine whether the applicant is even eligible to file a hardship waiver application, so after the IV appointment the applicant must mail the hardship waiver application package, with filing fee, to the lockbox address in Phoenix. Once that application is approved, the applicant can return to the Consulate for issuance of the IV.

What to look for in an immigration lawyer

When looking for an immigration lawyer, the first thing to look for is whether s/he is a member of American Immigration Lawyers Association (AILA). While a lawyer does not have to be a member of AILA to practice immigration law, AILA is the best resource for immigration lawyers to keep up on the constant changes to laws, regulations, procedures, and case law regarding immigration. There is a mentor network that new AILA members can use to get quick guidance from experienced immigration attorneys who volunteer their time as mentors. The second thing to look for is an attorney who has experience in Immigration Court. More experience is better, of course. Even if the matter seems to be routine, the attorney experienced in Immigration Court will be able to strategize effectively in case the client ends up in removal proceedings. The third thing to look for is the lawyer’s experience with appeals. People rarely seek help from a lawyer in routine cases. The tough borderline cases the lawyer is most likely to see could be denied, and if your case is like that, then you want a lawyer who can competently assess the chances of particular arguments and prepare for an appeal. However, no lawyer can promise a particular petition or application will be approved, so beware of lawyers making grand claims and promises about what they can do.

When to use Form I-824

If the I-130 was completed properly, you will not have to use the I-824 because CIS will automatically transfer the file to the NVC. However, if the I-130 preparer indicated on page 2 of the I-130 that the beneficiary will apply for an immigrant visa at a CIS office within the USA, then CIS will not forward the I-130 file to the NVC after approving the I-130. In that case, in order to get CIS to forward the file, you must submit form I-824. There are a few other uses for I-824, but I rarely use it for anything besides what I describe above. sam@asburylaw.net

CIS intends to deny I-130 based on conclusion wife’s PRIOR marriage was not bona fide

I have a new case where the CIS has issued a Notice of Intent to Deny (NOID) USC husband’s I-130 for wife because CIS claims wife’s FIRST marriage (to a USC) was not in good faith. The reality is that it was an arranged marriage (normal for their culture), and when wife arrived in the USA first husband rejected her because he had taken up with another woman. CIS acknowledges there is plenty evidence that the current (second) marriage is bona fide. Our challenge is to come up with evidence that the FIRST marriage was bona fide. If you have questions about I-130s or NOIDs, contact attorney Sam Asbury at sam@asburylaw.net.

Procedures for J-1 two-year foreign residency requirement exceptional hardship waiver I-612

The alien must file an I-485 to adjust status to LPR, and, normally, the I-485 and the I-130 would be submitted together. However, since an I-612 must be approved before submitting the I-485, the better strategy in this case is to file the I-130 and I-612 at the same time (not together; they go to different processing centers). I-130s are rarely denied if properly documented. However, it is difficult to get I-612s approved by CIS. Thus, a common scenario is that the I-130 is approved but the I-612 is denied. At that point, the alien must return to his/her home country and wait the two years. Meanwhile, the alien can be completing the NVC process (see separate protocol) in preparation for the immigrant visa interview at the U.S. Embassy. If, on the other hand, the I-612 is approved, then CIS will USCIS will forward its decision directly to the Department of State’s Waiver Review Division. The Waiver Review Division will proceed with the waiver recommendation. If the waiver recommendation is favorable, then the I-485 can be submitted (along with I-765 and, if desired, I-131). If you have any questions about this process, contact me at sam@asburylaw.net.

Obama re-election, DACA, and the way ahead for immigration

President Obama has won re-election. This is good news for immigrants in general — particularly the youth eligible for Deferred Action for Childhood Arrivals (DACA). I am confident DACA will continue at least through President Obama’s second term. Although I’m skeptical President Obama will get any farther with immigration reform than he did in his first term, immigration reform is at least a possibility. Meanwhile, it does not make sense to wait to file immediate relative petitions to start consular processing. For quesions about DACA, immediate relative petitions, consular processing, or any other immigration issues, contact Sam Asbury at sam@asburylaw.net or visit my web site at www.asburylaw.net.

DACA does not require continuing education

A person I spoke with recently who is active in the Spanish-speaking community told me she has been advising people against applying for deferred action under Deferred Action for Childhood Applicants (DACA), because when they renew their work permits in two years they will have to show that they are still in school, even if they have graduated from high school. She said that is a concern because many people from “my culture” do not value education beyond high school. I disagreed with her about Hispanic youth not valuing higher education, and I also explained that they don’t have to still be enrolled in school when it’s time to renew the work permit unless they haven’t finished high school. She seemed to think DACA was forcing young people to go to college, but that’s not true, and, besides, today’s youth are already motivated to get as much education as possible.

Naturalization N-400 denied due to insufficient N-648 Medical Certification for Disability

My client had applied for naturalization using form N-400 and had also submitted a N-648 from her doctor so she would not have to take the English and government/civics test. She suffers from early stage Alzheimer’s, depression, anxiety, and adjustment disorder. To her shock and horror, the adjudicator rejected her N-648 during the naturalization interview and forced her to take the tests. She did not pass the tests, and her naturalization was denied. That’s when I got involved. We had to go back to the client’s doctor and help the doctor understand how to write the N-648 to better explain the nexus (connection) between my client’s disorders and her inability to take the tests. My client became a naturalized U.S. citizen after we submitted the rewritten N-648. If you have questions about naturalization, N-400, N-648, medical waivers, or any other immigration matter, contact immigration attorney Sam Asbury, through one of his offices in the areas of Portland, Oregon, or Tampa, Florida. See http://www.asburylaw.net.

C-1/D-1 Crewman Married to USC Waits Years After Filing Green Card Application

Mr. S recently sought my help because he was afraid a recent conviction might prevent his pending green card application (I-485) from being approved. He filed the green card application years ago based on his USC wife’s approved I-130 petition for him. However, his problem is not the conviction. Rather, it’s the fact that he entered the USA on a C-1/D-1 crewman visa for the purpose of boarding a cruise ship on which he would be employed. Instead of reporting for work on that ship, he stayed in the USA. As such, he cannot adjust his status to permanent resident based on his marriage to a US citizen. If the marriage petition (I-130) had been filed on or before April 30, 2001, and if he had been in the USA no later than 12/21/2000, then he would be eligible to just pay a $1,000 penalty on top of the other filing fees for a green card. The I-130 was filed after 4/30/2001, so it was a mistake to even file the I-485. This couple will need to file another I-130 so that Mr. S can return to his native country and apply for an immigrant visa at the US Consulate. He will have to apply for a waiver for having been in the USA unlawfully and perhaps also for the conviction. If you have a situation like this, contact me for a consultation. www.asburylaw.net

Motion to Reopen Allows for I-130 Approval

Mrs. O has an old deportation order, but she recently attended an I-130 interview with her lawful permanent resident (LPR) husband without fear of detention or deportation. When Mr. and Mrs. O first received the notice for an interview in conjunction with Mr. O’s I-130 on his wife’s behalf, they were both afraid, because they knew Mrs. O had failed to attend a deportation hearing years before and thus she had been ordered deported in absentia (in her absence). However, her prior attorney had given her incorrect advice about the hearing, and she also had a basis for applying for asylum, so I filed a Motion to Reopen the removal proceedings. About a month later, Mr. and Mrs. O attended the I-130 interview, and the Motion to Reopen was still pending. The CIS officer approved the I-130, and Mrs. O was allowed to return home with her husband.