Theodore Huang, Immigration & SSD Lawyer

Unfortunately, K-1 processing times have slowed to a crawl. The past few months we’ve seen the processing times listed on the USCIS remain “stuck” without any movement.

As can be expected, this is causing a lot of stress on couples. “Is our petition OK? Was there something deficient? Did we forget to include anything?” “This is so hard on our relationship! We want to be together ASAP!” “Have they lost my case?” These are some of the questions I’ve been getting from frantic clients and even non-clients who are wondering what’s going on with the USCIS.

Trying to contact the USCIS has yielded mixed results. Calling the USCIS National Hotline requires one to endure hold times of up to 30 minutes listening to the same mind-numbing music. Hey, I enjoy classical music and have nothing against flutes. But having to listen to the same song over and over featuring an overzealous flutist for 30 minutes is certain to drive anyone insane. Unfortunately, even after enduring this, there is no guarantee we can get the answers we seek.

For one client, just when I was running out of avenues to inquire about the status of the case, I got notice that it was approved. What a relief to know that it wasn’t lost. Of course, the client now has to address the next step of the K-1 process, dealing with the National Visa Center and the Consulate General in Guangzhou… but at least we’ve cleared the first hurdle.

My work day is certainly never boring.

Bottom line: given that processing times have slowed, it’s essential that the petition be properly and completely prepared. Doing so will minimize the possibility of a RFE which will cause further delays. If you need my professional assistance, please contact me.

Theodore Huang, Esq. has been practicing business immigration, EB-5 investor, and family immigration law since 1997. Attorney Huang has 19 recommendations on LinkedIn and an “Excellent” Avvo rating. He personally handles his cases without outsourcing. He has written numerous articles on visa matters affecting foreign new hires, start-ups, and intracompany transfers. His articles have appeared on www.VisaSoup.com, www.MyVisa.com, and www.GoFianceeVisa.com

A Mexican national, who was living in New Mexico, remains in federal custody following his arrest March 27 by special agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

Abraham Perez Mejia, 20, is charged with marriage fraud, that is, knowingly and unlawfully entering into marriage to illegally obtain immigration benefits by evading U.S. immigration laws. Perez Mejia, who used a border crossing card to enter the country legally, was living in Carlsbad, N.M., where he met an 18-yearold woman who agreed to marry him in exchange for $4,000.

According to court documents, Perez Mejia told HSI special agents he asked a friend if she knew someone who would help him obtain his resident alien card. That friend introduced him to the 18-year-old woman to whom Perez Mejia paid $4,000 in
installments.

Perez Mejia also said he lied during his interview with an immigration services officer who reviewed his residency application. Dennis A. Ulrich, special agent in charge for HSI El Paso, said the HSI El Paso Public Safety Group investigates at least one
marriage fraud case per month. He stressed the value of the partnership with USCIS in investigating these cases

The CBP is continuing to improve their technologies and today announced that they are making the I-94 process electronic.

Form I-94 is the Arrival/Departure Record issued to aliens who are admitted to the U.S., who are adjusting status while in the U.S. or extending their stay, among other things. A CBP officer generally attaches the I-94 to the non-immigrant passport at the air and sea ports of entry. The visitor must exit the U.S. on or before the departure date stamped on the I-94.

K-1 fiancee visa applicants receive I-94 cards upon their entry into the US. As these updates are implemented, it’s important to understand how these changes might impact K-1 processing, entrance into the USA and subsequent green card applications.

Contact me for more information

California Service Center announced they have reopened. Hopefully their plumbing problems have been resolved.

Just received my 3rd 5/5 star review on Avvo. I now have 3 5/5 star reviews on Avvo. 8 5/5 star reviews on Yelp and 19 recommendations on LinkedIn. All from different individuals, all real people.

Feel free to check these sites out to read what it’s like working with me. For straight answers, call me at 626-771-1078.

We are thankful for our clients and visitors. We wish you a Happy Thanksgiving and hope you have a wonderful time celebrating with family and friends!

USCIS has expanded the services offered by its e-Request system. This Web-based tool allows customers to inquire about applications and petitions submitted to USCIS. On November 19, USCIS implemented the following enhancements to e-Request:

• Create a service request for all forms to either inquire about the status of your application or petition if it is outside of the normal processing time OR notify USCIS about an administrative error in a notice or document it sent you.
• For Forms I-90 and N-400 only, inquire about an Application Support Center appointment notice or other notice you were expecting to receive.
• Accessibility to individuals with disabilities.

If you would like to apply for a fiancé petition or for an application for your spouse, please contact me for a free consultation.

Theodore Huang, Esq. has been practicing business immigration, EB-5 investor, and family immigration law since 1997. Highly recommended on LinkedIn, Attorney Huang has written numerous articles on visa matters affecting foreign new hires, start-ups, and intracompany transfers. His articles have appeared on www.EB5Planet.com, www.VisaSoup.com, www.MyVisa.com, and www.GoFianceeVisa.com  For more information and a free consultation, please contact him immediately.

Getting a K-1 petition approved at the USCIS stage isn’t the end of the story. While the approval of the application bodes well for the couple, the foreign fiancé must still meet with a consular officer and prove that the relationship is legitimate during the fiancé visa interview.

This is often the most critical and difficult step of the K-1 fiance visa process.

There are a few reasons why K-1 fiancees may get denied at the interview stage. Insufficient documentation of the bona fide nature of the relationship is the most common reason for denial. The US citizen’s inability to serve as a financial sponsor is another. Past immigration violations on the part of the K-1 fiance is yet another basis upon which a foreign fiancée may be denied.

Should the K-1 beneficiary get denied, the petition will be returned to the USCIS for additional review. The question is how long will it take for the USCIS review consular returns. This question was posed during a recent meeting between the AILA liaison and USCIS. USCIS responded that the target processing goal is six months. This is certainly an improvement compared to previous processing times which last up to a year. Nontheless, for couples who experience the difficult outcome of a denial, six months is still a lengthy amount of time to find out whether the K1 fiancee petition route remains viable.

If you find yourself in this situation of a K1 interview denial, please contact me for a free consultation.

Theodore Huang, Esq. has been practicing business immigration, EB-5 investor, and family immigration law since 1997. Highly recommended on LinkedIn, Attorney Huang has written numerous articles on visa matters affecting foreign new hires, start-ups, and intracompany transfers. His articles have appeared on www.EB5Planet.com, www.VisaSoup.com, www.MyVisa.com, and www.GoFianceeVisa.com  For more information and a free consultation, please contact him immediately.

Attention Canadian fiancés!

If you are planning trips across the border into Idaho or Montana to anticipate holiday traffic during the observance of Remembrance Day in Canada and Veterans Day in the United States. Traditionally, this holiday is observed on November 11, but will be observed on Monday, November 12 in the U.S. this year. Originally dedicated as Armistice Day to commemorate the ending of the First World War it is now observed in honor of the sacrifices of all members of the armed forces in times of war.

All travelers, including U.S. and Canadian citizens, are reminded that the Western HemisphereTravel Initiative (WHTI) was implemented on June 1, 2009 requiring persons age 16 and older to present a valid, acceptable document that denotes both identity and citizenship when entering the U.S. by land or sea. WHTI compliant documents include a passport, U. S. passport card, enhanced driver’s licenses (EDLs), or a Trusted Traveler Program card (Global Entry, NEXUS, SENTRI and FAST).

Theodore Huang, Esq. has been practicing business immigration, EB-5 investor, and family immigration law since 1997. Highly recommended on LinkedIn, Attorney Huang has written numerous articles on visa matters affecting foreign new hires, start-ups, and intracompany transfers. His articles have appeared on www.EB5Planet.com, www.VisaSoup.com, www.MyVisa.com, and www.GoFianceeVisa.com  For more information and a free consultation, please contact him immediately.

Hey Folks, Hurricane Sandy has resulted in the closure of a number of USCIS offices along the East Coast. If you have an appointment, call first to see if the office is closed. Be aware that phone lines may be down  so try visiting the USCIS website at www.uscis.gov.

We’re hoping Hurricane Sandy will pass with as little loss of life and property as possible. Stay safe everyone.

Theodore Huang, Esq. has been practicing business immigration, EB-5 investor, and family immigration law since 1997. Highly recommended on LinkedIn, Attorney Huang has written numerous articles on visa matters affecting foreign new hires, start-ups, and intracompany transfers. His articles have appeared on www.EB5Planet.com, www.VisaSoup.com, www.MyVisa.com, and www.GoFianceeVisa.com  For more information and a free consultation, please contact him immediately.

U.S. citizens often ask, “Can I prepare the K-1 fiancee visa application myself?” “Is it hard to submit a K1 application” or “Do I need to hire an attorney to prepare the fiancé visa?” The answer is Yes, you can do it yourself, if you are prepared to do the following:

1. Research and understand the K-1 regulations. What do they say? How do they apply to you? What procedures do you need to follow? What substantive elements do you need to satisfy?
2. Where do you need to file? The USCIS website will provide information on where to file.      The address changes so be sure that the mailing address you are sending the application to is current.
3. How much is the filing fee? Again, this changes as the USCIS has been consistently changing their filing fees. Interestingly, the filing fee has actually decreased while overseas Department of State fees associated with the fiancée visa have increased.
4. Know your situation: is it typical and in line with the basic scenario that tracks theK-1 regulations? Or does it fall under one of the exceptions? If there are complications, it would be better to discuss with or let an attorney      handle it.
5. How should it be organized? Once the necessary forms and supporting documentation is gathered, it is important to organize the paperwork in a way to show clearly that the application  meets K1 regulatory requirements. Doing so will minimize the chances of a misinterpretation of the information.

In sum, it is feasible to prepare the K-1 fiance visa petition by yourself. The question is whether you have the time, the desire, the careful nature to make sure all the requirements for the K1 visa are met. If not, then it would be better and easier to hire an attorney to assist with the fiancé visa application.

Theodore Huang, Esq. has been practicing business immigration, EB-5 investor, and family immigration law since 1997. Highly recommended on LinkedIn, Attorney Huang has written numerous articles on visa matters affecting foreign new hires, start-ups, and intracompany transfers. His articles have appeared on www.EB5Planet.com, www.VisaSoup.com, www.MyVisa.com, and www.GoFianceeVisa.com  For more information and a free consultation, please contact him immediately.

K-1 regulations require that the U.S./foreign couple meet at least one time within two years prior to submitting the K-1 fiancee visa petition to the USA.

For U.S. citizens with girlfriends in China, this will require making sure your US passport is valid and obtaining the required Chinese visa. Do a search for the nearest Chinese consulate that can receive your passport and issue you a Chinese visa stamp. You may need to submit your passport in person or hire an agency to do so on your behalf.

Contact your Chinese girlfriend to let her know of your flight plans, hotel reservations, and plans during the visit. For those who are pretty sure of the direction of the relationship, you may want to start gathering documentation in preparation for the fiancée visa.  For those who are still getting to know each other and are not sure about their future plans together, use the time to continue to get to know one another, talk about your expectations for the relationship and get to know Chinese culture.

It’s important to retain proof of your visit and to show that you’ve actually met. While this may seem obvious, it’s easy to forget to take photos or save receipts which the USCIS will expect to see. Applicants should be organized and make sure they gather adequate supporting documentation to avoid a Request for Evidence by the USCIS.

Our law office has substantial experience preparing K1 fiancee visas for Chinese fiancées, if you have any questions, please contact us.

Theodore Huang, Esq. has been practicing business immigration, EB-5 investor, and family immigration law since 1997. He has written numerous articles on visa matters affecting foreign new hires, start-ups, and intracompany transfers. His articles have appeared on www.EB5Planet.com, www.VisaSoup.com, www.MyVisa.com, and www.GoFianceeVisa.com  He has more than 15 recommendations on LinkedIn. For more information and a free consultation, please contact him immediately.

Any private disability insurance you have will not affect your eligibility for Social Security disability benefits.

However, you may be interested to know worker’s compensation and certain other public disability payments may affect your Social Security benefit. For more information, please contact us for a free review of your situation.

Our office would be happy to help, and if there is no recovery, there is no fee. Call us 24/7 at (626) 771-1078. Visit our website devoted to Social Security Disability at http://immigr8.wix.com/myssdcheck Attorney Huang handles social security disability cases throughout California including Los Angeles, San Bernardino, Riverside, Orange, Ventura, and San Diego counties.

There is no minimum age age as long as you meet the very strict Social Security definition of disability. But to qualify for disability benefits you must have worked long and recently enough under Social Security to earn the required number of work credits.

You can earn up to a maximum of four work credits each year. The amount of earnings required for a credit increases each year as general wage levels rise.  The number of work credits you need for disability benefits depends on your age when you become disabled. The rules for how much work you need to qualify for disability benefits are as follows:

• Before age 24–You may qualify if you have 6 credits earned in the 3-year period ending when your disability starts.
• Age 24 to 31–You may qualify if you have credit for working half the time between age 21 and the time you become disabled. For example, if you become disabled at age 27, you would need credit for 3 years of work (12 credits) out of the past 6 years (between ages 21 and 27).
• Age 31 or older–In general, you need to have the number of work credits shown in the chart below. Unless you are blind, you must have earned at least 20 of the credits in the 10 years immediately before you became disabled.

Our office would be happy to help, and if there is no recovery, there is no fee. Call us 24/7 at (626) 771-1078. Visit our website devoted to Social Security Disability at http://immigr8.wix.com/myssdcheck Attorney Huang handles social security disability cases throughout California including Los Angeles, San Bernardino, Riverside, Orange, Ventura, and San Diego counties.

Aliens who enter illegally between ports of entry and are apprehended by U.S. Border Patrol of CBP may be removed, permitted to return to their country, or issued a Notice to Appear (NTA) before the immigration court. Those who are issued a NTA are either transferred to ICE for detention pending a hearing or released on their own recognizance.

Aliens illegally within the interior of the United States may be identified and apprehended by ICE. The agency’s two primary operating components are Homeland Security Investigations (HSI) and Enforcement and Removal Operations (ERO). ICE may identify illegal aliens for removal while they are incarcerated, during worksite enforcement as a result of specialized operations, or through other means such as being arrested during the course of a traffic stop.

Aliens apprehended by ICE are generally subject to the same consequences as aliens who are apprehended by U.S. Border Patrol.

If your loved one is apprehended by the CBP or ICE and faces immigration court proceedings, please contact us.

Theodore Huang, Esq. has been practicing business immigration, EB-5 investor, and family immigration law since 1997. He has written numerous articles on visa matters affecting foreign new hires, start-ups, and intracompany transfers. His articles have appeared on www.EB5Planet.com, www.VisaSoup.com, www.MyVisa.com, and www.GoFianceeVisa.com  He has more than 15 recommendations on LinkedIn. For more information and a free consultation, please contact him immediately.