Updated Service Center Processing Times

April 24, 2012

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on April 23, 2012 with processing dates as of February 29, 2012.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center
National Benefits Center
Nebraska Service Center
Texas Service Center
Vermont Service Center

**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS. (1-800-375-5283)

If you are a client of MVP Law Group and would like our assistance please contact our office.

MVP "Immigration Q & A Forum" - This Friday, April 13, 2012

April 10, 2012

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, April 13th, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP "Immigration Q & A Forum" - This Friday, March 30, 2012

March 26, 2012

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, March 30th, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP "Immigration Q & A Forum" - This Friday, March 16, 2012

March 12, 2012

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, March 16th, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP "Immigration Q & A Forum" - This Friday, March 2, 2012

February 27, 2012

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, March 2nd, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP "Immigration Q & A Forum" - This Friday, February 17, 2012

February 13, 2012

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, February 17th, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

Administrative Appeals Office Processing Times

February 10, 2012

Administrative Appeals Office (AAO) Processing Times were released with processing dates as of February 1, 2012.

If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 22 months; for an I-129 L1 Appeal - 23 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 24 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 35 months.

**Most other cases are within USCIS' processing time goal of 6 months or less.

Updated Service Center Processing Times

January 31, 2012

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on January 25, 2012 with processing dates as of November 30, 2011.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center
National Benefits Center
Nebraska Service Center
Texas Service Center
Vermont Service Center

**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS. (1-800-375-5283)

If you are a client of MVP Law Group and would like our assistance please contact our office.

MVP "Immigration Q & A Forum" - This Friday, February 3, 2012

January 30, 2012

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, February 3rd, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

Round-Up of Immigration Related Legislation (October - December 2011)

December 30, 2011

The following immigration-related bills were introduced into the House of Representatives and the Senate in October - December 2011 and summarized below by AILA (American Immigration Lawyers Association):

Senate Bills

S. 1856
Introduced by Sen. DeMint (R-SC) on 11/10/11
Prohibits federal funding for lawsuits seeking to invalidate specific State laws that support the enforcement of federal immigration laws.

Families First Immigration Enforcement Act (S. 1949)
Introduced by Sen. Kerry (D-MA) on 12/07/11
Provides for safe and humane policies and procedures pertaining to the arrest, detention, and processing of aliens in immigration enforcement operations.

Science, Technology, Engineering, and Mathematics– STEM Visa Act of 2011 (S. 1986)
Introduced by Sen. Bennet (D-CO) on 12/13/11
Amends INA to promote innovation, investment and research in the United States.

Irish Recognition and Encouragement Act of 2011- IRE Act (S. 2005)
Introduced by Sen. Brown (R-MA) on 12/15/11
Authorizes the Secretary of State to issue up to 10,500 E-3 visas per year to Irish nationals.

House Bills

H-2A Improvement Act (H.R. 3232)
Introduced by Rep. Owens (D-NY) on 10/14/11
Includes within the H-2A nonimmigrant category an alien coming temporarily to the United States to work as a sheepherder, goat herder, or dairy worker. The bill also exempts an employer filing a petition to employ such a worker from the requirement to show that the position is of a seasonal or temporary nature.

Deport Convicted Foreign Criminals Act of 2011 (H.R. 3256)
Introduced by Rep. Poe (R-TX) on 10/25/11
Directs the Secretary of Homeland Security to report quarterly to Congress regarding each country that has refused or unreasonably delayed repatriation of an alien. The bill also prohibits the Secretary of State, upon the passage of specified periods of time, from issuing certain nonimmigrant (including certain diplomatic) visas and immigrant visas to a citizen, subject, national, or resident of a listed country.

Haitian Emergency Life Protection Act of 2011- H.E.L.P. Act (H.R. 3297)
Introduced by Rep. Clarke (D-NY) on 11/01/11
Amends the INA with respect to V visa (spouses/children of LPR who come to the United States to wait for completion of immigrant visa process) nonimmigrants to include certain Haitian nationals whose petition for a family-sponsored immigrant visa was approved on or before January 12, 2010.

Foster Children Opportunity Act (H.R. 3333)
Introduced by Rep. Stark (D-CA) on 11/03/11
Requires state plans for foster care and adoption assistance to have procedures to assist alien children in the child welfare system achieve special immigrant juvenile status and LPR status before exiting foster care.

Visa Improvements to Stimulate International Tourism to the United States of America- VISIT USA (H.R. 3341)
Introduced by Rep. Hirono (D-HI) on 11/03/11
Provides qualifying nationals of China (PRC) with a five-year multiple entry/exit visitor visa. The bill also requires such persons to be screened through the automated electronic travel authorization system.

Enhanced Border Security Act (H.R. 3401)
Introduced by Rep. Mack (R-FL) on 11/10/11
Directs the Secretary of State to submit to Congress a counterinsurgency strategy to combat the operations of transnational criminal organizations in Mexico.

American Growth, Recovery, Empowerment, and Entrepreneurship Act- AGREE Act (H.R. 3476)
Introduced by Rep. Hanna (R-NY) on 11/18/11
Amends Internal Revenue Code to extend certain tax expenditure provisions for business taxpayers. Also, amends INA to eliminate the per country cap for employment-based immigrants and increase the per country cap for family-based immigrants to 15% of the total number.

Religious Worker Visa Reciprocity Act of 2011 (H.R. 3557)
Introduced by Rep. King on 12/02/11
Requires the country of origin of certain special immigrant religious workers to extend reciprocal immigration treatment to United States nationals.

Immigration and Naturalization Investment Ventures for Engineering, Science, and Technology- INVEST in America Act (H.R. 3692)
Introduced by Rep. Schiff (D-CA) on 12/15/11
Establishes an entrepreneur-based immigrant category for alien entrepreneurs who have completed or are in the process of completing a degree in Science, Engineering, Math or a technology-related field.

Save Our Small and Seasonal Businesses Act of 2011 (H.R. 3718)
Introduced by Rep. Keating (D-MA) on 12/16/11
Prioritizes certain returning workers for purposes of the numerical limitation on H-2B temporary workers.

New Illegal Deduction Elimination Act- New IDEA Act (H.R. 3720)
Introduced by Rep. King (R-IA) on 12/16/11
Amends the Internal Revenue Code of 1986 to clarify that wages paid to unauthorized aliens may not be deducted from gross income.

H.R. 3761
Introduced by Rep. Thompson (D-CA) on 12/20/11
Amends the INA to protect the well-being of soldiers and their families

MVP "Immigration Q & A Forum" - This Friday, May 27th, 2011

May 23, 2011

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, May 27th, 2011. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

Updated Service Center Processing Times

May 19, 2011

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on May 17, 2011 with processing dates as of March 31, 2011.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center
National Benefits Center
Nebraska Service Center
Texas Service Center
Vermont Service Center

**Please be aware that the data given above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS. (1-800-375-5283)

If you are a client of MVP Law Group and would like our assistance please contact our office.

MVP LAW GROUP – Immigration Q&A Forum, Friday, February 18, 2011

February 18, 2011

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 – Nonimmigrant Visa
Can I travel on my current nonimmigrant visa or do I need to get advance parole?

Answer #1
If you have a valid nonimmigrant visa stamp in your passport and copies of your approval notice and a copy of the petition, you should be able to travel on your nonimmigrant visa. Advance Parole is a separate creature that you may apply for once you are able to file an I-485 petition for either a family based or employment based green card. The Advance Parole document allows you to travel outside the country while your I-485 application is pending.

The nonimmigrant visa and advance parole are two separate and distinct items, you may have both if you are applying for adjustment, but if you only have a valid nonimmigrant visa stamp in your passport, you should be able to travel.


Question #2 –Green Card
How long can you live outside the United States and still keep your green card valid?

Answer #2
One should be able to use one's green card to return from trips abroad of up to one year. However, anytime a green card holder leaves the U.S., he or she is subject to being accused by the Customs and Border Patrol (CBP) of having abandoned the intention of living in the U.S., and is subject to having the green card taken away--on the spot. Staying longer than one year may also affect the naturalization process if and when you attempt to apply.


Question #3 – Temporary Work Visa
I am interested in coming to the United States and being sponsored by a religious organization. I know that the H-1B cap is closed, so you can tell me about the R-1 visa and what requirements it has?

Answer #3
According to the Department of State, Religious workers include persons authorized, by a recognized employing entity, to conduct religious worship and perform other duties usually performed by authorized members of the clergy of that religion, and workers engaging in a religious vocation or occupation. To qualify: The applicant must be a member of a religious denomination having a bona fide nonprofit religious organization in the U.S.; the religious denomination and its affiliate, if applicable, are either exempt from taxation or qualifies for tax-exempt status; and the applicant has been a member of the denomination for two years immediately preceding applying for religious worker status. The applicant is planning to work as a minister of that denomination, or in a religious occupation or vocation for a bona fide, non-profit religious organization (or a tax-exempt affiliate of such an organization).There is no requirement that individuals applying for "R" visas have a residence abroad that they have no intention of abandoning. However, they must intend to depart the U.S. at the end of their lawful status, absent specific indications or evidence to the contrary.


Question #4 – Nonimmigrant Visa
What is the TN Visa and how can I qualify for it?

Answer #4
The TN Visa is a product of NAFTA, the North American Free Trade Agreement. Under the North American Free Trade Agreement (NAFTA), certain citizens of Canada and Mexico are eligible to enter the U.S. under the nonimmigrant TN status. The TN Visa enables Canadian and Mexican citizens to temporarily work in the U.S. in a NAFTA-approved professional occupation.


Question #5 – General
How long can you lawfully stay in the United States before returning home after a visa expires?

Answer #5
Generally, it depends on the visa issued. We recommend a period of two weeks after the expiration of your visa to get your affairs in order for your departure. However, if you remain in the U.S. longer than 180 days after the expiration of your visa, you most likely will be subject to the 3 year or 10 year bar from returning to the U.S., unless certain circumstances prevented your departure.


Question #6 – Temporary Work Visa – H-1B Nonimmigrant Visa
I am interested in filing for an H-1B visa but I know the cap just closed so when can I file my case for the next year’s cap?

Answer #6
The H-1B FY2012 CAP will open on April 1, 2011 with employment beginning October 1, 2011. For more information contact MVP Law Group, P.A.


Question #7 – Temporary Work Visa – H-1B Nonimmigrant Visa
If I am on an H-1B visa, do my wife and children automatically receive H-4 status or do they have to apply for it?

Answer #7
No, they would have to apply for the H4 visa status. If the beneficiary’s spouse/children are in the United States on another status other than H status, e.g. student status, an application to change their status to an H status should be filed. If the beneficiary or the beneficiary’s spouse/children are outside the United States and the beneficiary wishes to apply for a derivative visa (referred to as an H4 visa) abroad, and the H4 visa application can be made and is available on walk-in basis at the U.S. Consulate abroad along with or after the grant of the H1B approval, no other processing is required for an H4 visa abroad. Contact the consulate abroad or an Information Officer at the United States Department of State Visa Office at 202.663.1225 for the procedures or documents that may be required.


Question #8 – General
If my case was issued an RFE, what does that mean? Does it automatically mean that my case will be denied? What chance do I have of getting my visa granted if an RFE was issued?

Answer #8
A Request for Evidence (RFE) is issued when additional evidence is required, as the adjudicator believes that it cannot make a decision based on the initial evidence/documentation provided. A USCIS adjudicating officer could issue an RFE pertaining to the alien applicant's eligibility, the Petitioner’s financials, the legitimacy of the Petitioner’s company, etc. Many cases do receive RFE’s, and after submission of additional legal arguments, explanations, and evidence, the cases are often approved. Receiving an RFE on a submitted case does not automatically mean that the case will be denied.


Question #9 – Family Based Immigration – Green Card
As a US citizen, who can I file a Form I-130, Petition for Alien relative on behalf of? Do the people I can petition on behalf of change if I am only a legal permanent resident?

Answer #9
As a U.S. Citizen (USC), you may petition on behalf of the following individuals: Immediate relatives of U.S. citizens may immigrate to the United States in unlimited numbers - Spouses of U.S. citizens (including widows and widowers of U.S. citizens who were married to U.S. citizens for at least two years and are applying for a green card within two years of the U.S. citizens’ death); Unmarried children of U.S. citizens that are under the age of 21; Parents of U.S. citizens. The U.S. citizen petitioner must be 21 years of age.

These individuals will most likely have to wait in line, possibly for many years, prior to being able to obtain a green card - Unmarried children, any age, of U.S. citizens; Married children of U.S. citizens; Sisters and brothers of U.S. citizens. The U.S. citizen must be at least 21 years of age.

As a Lawful Permanent Resident (LPR), you may petition on behalf of the following individuals: Spouses and unmarried children (under the age of 21) of green card holders; and Unmarried sons and daughters of green card holders, who are at least 21 years old.


Question #10 – Employment Based Immigration – Green Card - EAD Renewal
I filed for my EAD renewal back in November of 2010 and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD since my card is expiring? What can I do I can’t risk losing my current job?

Answer #10
When an EAD renewal has been pending for 75+ days, you may initiate an ‘outside the processing times’ Service Request with the USCIS. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work. You MUST wait for your EAD card to arrive in the mail before you can begin to work again.

You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.


MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

Our next “Immigration Q & A Forum” is scheduled for Friday, March 4th, 2011! Please remember to submit your questions/comments on our h1bvisalawyer blog.