Scott’s New Era Immigration

On August 20^th, 2010 U.S. Immigration Customs and Enforcement (“ICE”) issued a memorandum from Assistant Secretary John Morton that will make a non-citizen or alien who is placed in removal proceedings eligible for relief if they have a pending Petition for Alien Relative (“Form I-130 or petition”).

Basically, ICE and United States Citizenship and Immigration Services (“ USCIS”) will now work more efficiently together so that non-citizens placed in removal will either have his and/or her case expedited or dismissed without prejudice.  This would occur once ICE verifies that the individual is indeed eligible for the relief.

Detained individuals or aliens eligible for I-130 relief would seek to complete the adjudication of all applications and petitions referred by ICE within 30 days for detained aliens.  Once their are no adverse factors there should be prompt move to dismiss proceedings before the Executive Office of Immigration Review ( “EOIR”).

Undetained individuals or aliens would have their cases adjudicated within 45 days.   Where an underlying application or petition exists and ICE determines eligibility for relief from removal, the case should also be promptly dismissed with EOIR.

The memorandum sums up the standard of review as follows:

Only removal cases that meet the following criteria will be considered for dismissal:

• The alien must be the subject of an application or petition filed with USCIS to include a current priority date, if required, for adjust of status;
• The alien appears eligible for relief as a matter of law and in the exercise of discretion;
• The alien must preset a completed Application to register Permanent Residence or Adjust Stats (Form I-485), if required; and
• The alien beneficiary must be statutorily eligible for adjustment of status ( a waiver must be available for any ground of inadmissibility).

For more information you may contact our office at info@scottcclaw.com or call (703)955.7998.

ScottMond Law Firm

www.scottcclaw.com

The internet has changed the way we “do life”.  Amongst one of the greatest changes, is the way we socialize and form new relationships.  Today nearly 50% of couples who marry initially made a connection on line.  Many U.S. Citizens are expanding their horizons to build relationships with individuals from other countries.

If a U.S. citizen desires to bring his or her fiance to the United States, this requires patience and planning from an immigration standpoint.  There are several considerations and steps involved.

First, a foreign national from a visa waiver country, such as England, Australia, or Japan must consider opting for a K-1 visa.  A foreign national who is not from a visa waiver country needs to insure their immigration intent is very clear before entering the U.S. If the intent is to marry before entering the United States, they will also need to have a K-1 visa approved for travel.  However, other options are available if both the U.S. citizen and the foreign national fiancé now want to marry and both are already in the United States. It is important to consult with an immigration attorney before marrying, in the later case, to ensure there are no adverse immigration consequences.

Travel back and forth for foreign nationals from visa waiver countries to visit their fiancé or boyfriend/girlfriend can present unique problems with Customs Border and Patrol (“CBP”).  Frequent visits by the foreign national fiancé will eventually be stopped as CBP tends to believe that the visa waiver program is being misused.

Generally, the steps for acquiring a K-1 visa for individuals from visa waiver countries or standard visa countries are the same.  First, an I-129F petition must be approved here in the United States by the U.S. Citizen filing.  Once the case is approved, the National Visa Center sends the case for processing at the respective consulate or embassy.  To ensure faster processing at the consulate it is important to be aware of the information needed in advance such as police clearance reports.

To have a K-1 visa approved requires demonstrating a clear plan to marry, evidence of  bona fide relationship, and complying with the U.S. federal regulations.  For further questions you may contact us at (703)955.7998 or (202)296.0122.

Glendia Rice-Mondesir

Attorney-at-law