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This article is from the American Immigration Lawyers Association, a national association of over eleven thousand attorneys and law professors who practice and teach immigration law. October 1, 2009 “During a teleconference with the AILA/CBP National liaison committee on September 29, 2009, CBP National Headquarters confirmed that, beginning on October 1, 2009, there is . . . → Read More: CBP Policy is Changed on Deferred Inspection of Legal Permanent Residents with Criminal Convictions Foreign nationals planning to travel to the United States for short-term visits for business or tourism under the Visa Waiver Program (VWP) must register as soon as possible for travel clearance through the online Electronic System for Travel Authorization (ESTA). Beginning January 12, 2009, VWP travelers will be required to register and get ESTA clearance before boarding a carrier bound for the United States. Travelers should submit their applications well in advance of travel, and no later than 72 hours before departing for the United States. Continue reading Advance Authorization Required for Visa Waiver Travelers to the US Customs and Border Protection is providing key travel tips to help international travelers prepare for this busy holiday travel season. CBP processes more than one million passengers and pedestrians on a daily basis at the nation’s 327 air, land and sea ports of entry. Continue reading U.S. CBP Offers International Travel Tips for Holiday Season Press release from Washington regarding U.S. Customs and Border Protection and Carrier Liaison Program Offers Valuable Training Tools for Airline Partners. As mentioned in an earlier post, an additional seven member countries have joined the US Visa Waiver Program. The eligible nationals are required to register through ESTA at least 72 hours prior to traveling. In the coming weeks and months, a number of changes will be made to the Visa Waiver Program (VWP). On Monday, November 17, the Department of Homeland Security is scheduled to officially announce that the VWP will be expanded to include an additional seven member countries – the Czech Republic, Estonia, Hungary, Latvia, Lithuania, the Republic of Korea, and the Slovak Republic. Starting on January 12, 2009, all VWP travelers will be required to obtain advance travel authorization by registering in the Electronic System for Travel Authorization (ESTA) at least 72 hours before travel. Continue reading Reminder – Upcoming Changes to US Visa Waiver Program The Immigration and Nationality Act (INA) provides for the issuance of an immigrant visa to the spouse of a United States Citizen (USC) after a petition for that specific benefit, filed by the USC petitioner has been approved by the USCIS office or Regional Service Center. In order for such a petition to be approved, there must be sufficient satisfactory evidence that the USC and spouse have a bona fide (real, legitimate, honest) marriage, and: were legally able to enter into a valid, legal marriage and that all prior marriages of both parties were terminated through death or divorce; and, the alien is not subject to any legal grounds of inadmissibility. USCIS approval is just the first step in the approval process. The Department of State must also approve the actual visa issuance while USCIS processing and approval is largely an administrative review. If the proper forms, evidence and explanations are provided, it is highly unlikely that your case would be denied by USCIS. The Department of State investigates the background of the applicants and through the interview, makes an assessment of the applicant’s admissibility and the legitimacy of the family relationship during consular processing. That being said, if the marriage is less than two years old on the date of entry to the U.S. (and grant of permanent resident status), the alien spouse’s permanent resident status will be “conditional” for a two year period following the grant of permanent resident status. This status impose a requirement that, within the 90 days preceding the second anniversary of the grant of permanent resident status, that the couple file an application to lift conditions on permanent resident status. The purpose of this provision is to re-check the couple’s marriage for its validity and honesty the second time. This status applies to both spouses entering on immigrant visas and K-1 adjustment applicants if the grant of permanent resident status occurs before the second anniversary of the marriage. Upon approval of lawful permanent resident status, the alien spouse will be issued a visa valid for six months to enter into the US. At the point of arrival, the CBP will stamp the I-551 onto the alien’s passport – a lawful permanent resident status stamp while the alien awaits the “green card” to be mailed to their new US address. Continue reading US Immigration Marriage: Legal Path to the USA |
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