Theodore Huang, Immigration & SSD Lawyer

Just got this and wanted to pass it along to my friends in San Francisco:

“The Bay Area Rapid Transit (BART) system in San Francisco experienced a fire today and, as a result of the disruption to service, some applicants may be unable to get to the San Francisco Field Office for their scheduled interviews.  USCIS will automatically reschedule interviews for those affected.”

Glad to see the USCIS being proactive  toward  applicants. The interview process is already stressful and to see the USCIS willing to automatically reschedule the interviews rather than automatically denying the immigration benefit or requiring the applicant to reschedule is an encouragement that the agency is improving their customer-service.

Anecdotal evidence among immigration attorneys suggests that a foreign national applying for a green card via marriage to a USA citizen may need to be prepared for a more difficult interview experience.

Stories are being shared of interview experiences where more and more couples are separated and questioned individually to determine if the marriage is fraudulent and entered into solely to obtain an immigration benefit. One story making the rounds described a situation where the adjudicating officer threatened the US petitioner with filing charges if the petitioner didn’t withdraw the petition.

Other attorneys share experiences where it appeared that the officer focused on one discrepancy in answer between the petitioner and beneficiary and sought to use that discrepancy to deny the application.

In view of the more challenging environment, more marriage-based applicants are seeking assistance with the stressful green card interview. If you need assistance, please contact our office to see how we can help.

The USCIS has addressed various myths concerning the adjustment of status process. Adjustment of status is the process whereby an individual already in the USA “adjusts” her status from a nonimmigrant visa holder to a lawful permanent resident.

Myth #3:

The USCIS has addressed various myths concerning the adjustment of status process. Adjustment of status is the process whereby an individual already in the USA “adjusts” her status from a nonimmigrant visa holder to a lawful permanent resident.

Myth #2:

The USCIS has addressed various myths concerning the adjustment of status process. Adjustment of status is the process whereby an individual already in the USA “adjusts” her status from a nonimmigrant visa holder to a lawful permanent resident.

Myth #1:

Green card applicants within the USA seeking to adjust their status to a permanent resident will need to submit a medical exam along with their green card paperwork.

Here are some tips to keep in mind when obtaining a medical exam.

1. Go to a civil surgeon. The USCIS recognizes civil surgeons, not just any doctor. Many doctors don’t realize this and advertise themselves as doctors who can do med exams for immigration purposes but aren’t familiar with USCIS requirements.

2. Make sure the form the civil surgeon uses is valid. The I-693 form is updated regularly, make sure the civil surgeon is using the most current version. Go to www.uscis.gov to find the latest version.

3. Don’t delay filing the green card application once the med exam is received. Generally, the med exam is valid for 1 year.

Keeping these tips in mind can help avoid a rejected med exam or other unpleasant surprises at the time of the green card interview.

For assistance, call us at 626-771-1078.

A client recently had a successful interview at the USCIS office in San Diego. Very grateful for a responsive USCIS officer who accommodated the client’s special request. Congrats!

Current I-485 adjustment of status processing times at New York USCIS district offices are 5 months.

If you need help adjusting your spouse from a temporary visa status to that of a permanent resident (green card holder), contact me.

Anecdotal evidence suggests that the USCIS in Chula Vista (San Diego, CA)  is scheduling interviews very quickly. In one case, an I-751 applicant seeking to remove his/her conditional status on his permanent residence, received notice to appear for an interview only 1 week before the actual interview! This is amazingly fast and not the norm—usually USCIS issues appointment notices at least 2 weeks in advance.

While the USCIS quick scheduling is to be commended, applicants need to be sure to regularly check their mailboxes for any notices to avoid missing important interviews and appointments.

If you applied for a family-based green card and received a green card that is conditional, an application to remove that conditional status must be filed within 2 years of the grant of conditional permanent resident status. Failure to do so could result in a loss of permanent resident status. For help, contact our office at 626-771-1078.

What if the couple has few supporting documents?

A recent question posed to the USCIS queried how a couple who had few documents showing proof of a bona fide marriage would fare regarding the outcome of their green card application. Some couples, particularly of modest means, cannot produce the joint ownership of a car or a house or of a bank account. The USCIS responded by stating that (more…)

New USCIS local office

The USCIS announced the opening of a new office in Queens, NY.  The new office, located at 27-35 Jackson Ave., consists of waiting rooms, an Application Support Center (which offers fingerprinting and photographic services as part of the application process), a naturalization ceremony room, and interview and file rooms. The building was formerly a warehouse and has been renovated to create a modern and efficient office space. The Queens office is expected to serve about 500 people each business day. The office’s hours are 7 a.m. to 3:30 p.m.

This addition will be a great help for folks living in NY area.

Joint documentation without a social security number

During a marriage-based green card interview, the officer will review supporting documentation submitted by the couple. The purpose of this is to show that the marriage was bona fide and not entered into for the purpose of obtaining an immigration benefit.

Officers expect the couple to produce documentation showing both names of the petitioner and green card beneficiary. (more…)