USCIS INFORMATION: Update On Form I-130 Processing Times
NOTE: ORIGINAL POST BELOW FROM THE USCIS ABOUT I-130 PROCESSING TIMES
From: U.S. Citizenship and Immigration Services
November 20, 2013
Subject: Update on the processing times of Form I-130s filed by U.S. citizens for their eligible immediate relatives
Dear Stakeholder,
U.S. Citizenship and Immigration Services (USCIS) has received communications from the public expressing concerns regarding extended processing times for Form I-130, Petition for Alien Relative, filed by U.S. citizens for their eligible immediate relatives. USCIS provides information below in response to the concerns expressed.
USCIS is ever-mindful of the need to process a U.S. citizen’s immediate relative Form I-130 carefully and expeditiously. The need is defined by the immigration system’s goal of preserving family unity. It is for this fundamental reason that USCIS has been focused on addressing delays in the processing of these Forms I-130 for several months.
Through concerted efforts, USCIS is now adjudicating U.S. citizens’ immediate relative Forms I-130 filed as early as February 2013. This is a significant step forward, as previously published guidance reflected the processing of these Forms I-130 filed in October 2012. Furthermore, USCIS expects the processing of these Forms I-130 to be increasingly timely in the ensuing weeks, culminating in the return to an average processing time of five months for these Forms I-130 by May 2014.
USCIS has focused on these Forms I-130 for the very reason that affected members of the public have expressed their concerns; the importance of family unity. Last month, in an effort to expedite the adjudication of these cases, USCIS began transferring stand-alone Forms I-130 filed by U.S. citizens for their immediate relatives from USCIS’s National Benefits Center to its Nebraska, Texas, and California Service Centers. This shift improves USCIS’s ability to adjudicate the cases in a timely manner.
When You Receive a Notice of Transfer of Your Case
If your case was transferred, USCIS will send you a notice listing the transfer date and where your case will be processed. Your original receipt number will not change and this will not further delay the processing of your case. USCIS will take action on your case within 60 days of the transfer date listed in your notice.
How to Track the Status of Your Case
We have recently updated the USCIS website at www.uscis.gov with processing times for Form I-130 cases filed by U.S. citizens for their eligible immediate relatives. Please check the processing times for your petition before inquiring about your case. If your case is transferred to another USCIS office, you should refer to the processing times for the office that has received your case.
You can check the status of your case at www.uscis.gov by entering your receipt number in the “Check Status” field. Additionally, you can sign up to receive automatic case status update by email as your case is processed. If you have not received a decision on your case within the published processing time, you may submit an inquiry using e-Request or contact the National Customer Service Center (NCSC) at 1-800-375-5283. For TDD hearing impaired assistance, please call 1-800-767-1833. When making any case status inquiries, you should reference your original receipt number and indicate that your case was transferred to a new location.
If you have filed a Form I-130 and you receive a request for evidence or any other type of communication from USCIS, please read the notice carefully to ensure that you respond to the same service center that sent you the notice.
If you move while your case is pending, you can change your address on the USCIS website or contact the NCSC so that USCIS can notify you of any further action on your case. It is important that you notify USCIS of any change of address as soon as possible after moving.
We appreciate the concerns that members of the public have expressed on this important subject. We are mindful of those concerns and are addressing them with great diligence.
Kind Regards,
USCIS Public Engagement Division
Read MoreIncorporation
Incorporating carries multiple advantages ranging from tax incentives to favorable legal implications for a business and the individual owner or owners. The decision of where to incorporate is just as important as the decision to incorporate because of the different benefits and protections each state provides to the business incorporating there.
One popular state of incorporation is Delaware. Due to, among other things, a court system dedicated to commercial and asset transactions, rich case law, use of judges rather than juries, flexible laws, and light initial startup fees, the state has rightfully gained title as a great place to incorporate. The flexibility in state corporate law permits a host of rights arrangements between the founders and shareholders, retaining the founder’s ability to dictate control when going public. Additionally state law provides for the held anonymity of directors and other top-level employees, adding a nuance that other states do not recognize.
The appeal of incorporating in Delaware is better suited for local or public companies, however. For example, a business starting in California, but wishing incorporate in Delaware, should to choose to incorporate in California. One reason is the possibility of having to appear before a Delaware court because incorporation subjects the business to that state’s jurisdiction, conceding avoidable expenses involved in answering legal proceedings. Moreover, the effective legal framework historically moving attorneys to favor Delaware has been widely implemented in states across the nation, diluting the advantage. Corporations in California, though they may not enjoy as a rich legal history, generally have the legal tools at their disposal to enjoy the same results just as if they were in Delaware. As an example of nuances in corporation law among the states, California allows a single individual to fill multiple positions mandated by state corporation law.
Thus, the question of where to incorporate is answered by the particular needs, preferences, and goals of a business and its owner. Such a decision requires the navigation of an experienced attorney to ensure the business owner understands her options and the implications they bring when making an informed decision.
Buda Law Group has extensive experience incorporating and converting businesses in California. For years, we have provided sound legal advice to our clients during the incorporation and conversion processes while pursuing their best interests. If you have any questions, the team here at Buda Law Group will gladly answer them. Please reach out to us to find out more or get a competitive quote on our legal immigration services.
Thank You,
John B. Buda, Esq.
www.budalawgroup.net office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405 Read MoreTalent Visas
The United States government recognizes the vast world of talent and innovation beyond its boarders. Among the recognized are artists, businesspersons and the like, all of whom are thought to comprise a special class of individuals who deserve a faster intake into these United States. Athletes, musicians, entrepreneurs, doctors, researchers, and all of those in between who demonstrate an acclaimed proficiency in their field are granted an expedited process on the presumption of their future contribution.
Strict affiliation with an existing organization is unnecessary, as a talent visa exists for the ambitious entrepreneurs around the world as well as those since established within an organization. This classification offers a special expedited process for both immigrants and non-immigrants. Non-immigrant visa categories are for business visitors (B-1), optional practical training (F1/OPT), specialty occupation (H1-B) extraordinary ability an achievement (O-1A), treaty investor (E-2), and intracompany transferees (L-1). Immigrant visa categories are employment-based (EB-1 though EB-5) and recognize the various forms an employee can take in title, skills, and attachment to an organization.
The distinctions inside both immigrant and non-immigrant visas account for differences in time, evidence, procedure, and eligibility. For example, eligibility for a B-1visa requires similar qualifications to an L-1 visa, as both are geared toward the temporary stay of the traveling businessperson and affiliate. A B-1 petition requires a petitioner’s intent to stay for less than 6 months, whereas a petitioner under the L-1 visa is allowed a stay for one to three years. The different categories also apply to the nature of the business as well. An EB-1 petition for example, is a top class permanent-resident visa for an employee with “an extraordinary ability”, or who is an, “outstanding professor or researcher” or “multinational executive or manager”, who meets certain requirements. An EB-5 petition, however, applies to an “Immigrant Investor” required to invest in a “new commercial enterprise”. The definition of new applies beyond the strict creation of entity and can include an enterprise that receives the investment to build upon or improve the existing organization.
Given these legal distinctions and provisions, U.S immigration law appears to show a favorable attitude toward the integration of foreign business by recognizing company hierarchy and individual interests all aimed at giving businesses and individuals a firm footing and fast track to the business amenities of country.
If you have any questions, the team here at Buda Law Group will gladly answer them. Please reach out to us to find out more or get a competitive quote on our legal immigration services.
Thank You,
John B. Buda, Esq.
www.budalawgroup.net office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205Santa Monica, CA 90405
Read More
The Foreseeable Future of U.S. Immigration Reform
What lies ahead for U.S. Immigration law? Reform does if the President and whatever supporters he is able to get on his side are successful in their quest to substantially change U.S. Immigration law.
The reforms implemented and sought address a range of issues. The Deferred Action for Childhood Arrivals (DACA), enacted by the Department of Homeland Security memo rather than congressional authority in 2012,recognizes the stay of select undocumented students through two-year visas. Other pushes include the legalization of children who arrived at a young age and paths to citizenship based on a proven history of contribution by working and paying taxes. As for enforcement, a notable move is being made to focus more on deportation of those convicted of violent and other serious crimes, leaving alone those whose only infraction is the illegal presence in the country. These reforms and general attitude changes seem to reflect a more fluid approach to immigration, where rules allow for discretionary analysis and are more amenable to a world growing in population and complexity of interactions. Policy shifts, which come from the Obama administration, also represent a more active roll undertaken by a sitting president than has been seen in recent time. The president is trying to get Congress to follow.
Though Congress may seem preoccupied with the current battle over health care and a host of other issues, immigration reform seems to be gaining some speed. The Senate passed an immigration bill earlier this year that provides, among other things, for the legalization of some 11 million undocumented persons. A Congressional Budget Office report offered economic justification for bill, citing boosts in domestic growth and cuts to the federal budget deficit. House action on the bill remains stagnant as some Members of Congress object to the bill for various reasons including the bill’s provisions, structure, and implications.
As a result, reform talk has also become a political tool. Immigration is being thought of as too great a topic to address with so little time left in this year’s congressional session, leaving it to fuel political debates during the midterm elections next November. It would be wrong to assume, however, that proponents and opponents aren’t currently engaged in serious debate on the future of U.S. Immigration law. A House vote on the bill by the end of the year is still in the works as the President and leaders from various industries recently descended on the Capitol to persuade a vote.
Reform is never only a discussion about what content goes into the law. Resource allocation, timing, and general strategy in both the legislative process and the public press release of those ideas must play by the rules of politics as well. How this will affect what immigration policies are not only enacted, but also actually debated on, is a matter to be seen.
If you have any questions, the team here at Buda Law Group will gladly answer them. Please reach out to us to find out more or get a competitive quote on our legal immigration services.
Thank You,
John B. Buda, Esq.
www.budalawgroup.net office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405Read More
First Same Sex Marriage Win in L.A. County
We recently discovered that our firm was the first to legally process and pass a Same Sex marriage visa application and interview in Los Angles County. This big leap forward for same-sex couples previously barred from bringing their loved ones to the U.S. by the Defense of Marriage Act (DOMA).
Buda Law Group filed the case immediately after DOMA was struck down by the U.S. Supreme Court in July 2013. 3 months later, the case interview took place at the Federal Building in Downtown Los Angeles. The result was an approval at the end of the interview, and the knowledge that BLG had successfully helped win the first approval in L.A. County!
Passed in 1996, the law stated that the U.S. federal government would only recognize a marriage between a man and a woman. Since then, countless same-sex couples have attempted to bring a spouse or fiancé to the U.S. only to find their visa petitions were denied because the government did not recognize their foreign legal union or future union. That changed this past summer when the Supreme Court of the United States found DOMA to violate U.S constitution by limiting the definition of marriage.
Now, couples all over the globe can enjoy the benefits this country has to offer with whom they love regardless of their sexual orientation. Though the issue remains a source of contentious national debate, this will undoubtedly raise the potential to for same-sex couples to successfully enter the country and assimilate as so many before them have.
If you have any questions, the team here at Buda Law Group will gladly answer them. Please reach out to us to find out more or get a competitive quote on our legal immigration services.
Thank You,
John B. Buda, Esq.
www.budalawgroup.net office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405 Read MoreNew China Visa and Residency Requirements
New requirements for complying with China’s visa process have made it particularly hard for foreign businesses and executives trying to enter and work in the country. For some it means cancelling business trips, but for others it can mean being grounded in another country for weeks longer than they intended.
The new rules and regulations clarify China’s Entry and Exit Control Law. This is a new immigration revamp that was passed by the State back in June 2012. Under the new regulations, there are nine visa categories that cover different types of business, educational, or recreational travel to China. Among other changes, the regulations increase the processing time and paperwork requirements for residence permits and double most penalties for violations.
The new rules concerning residence permits are the ones that have had the greatest effect. Previously, applicants for the permits had to surrender their passport for five days, but the new rule requires fifteen days to process the applications, causing major problems for business professionals that need to leave the country. The fallback was so severe, that the immigration administration had to shut down for some time before changing the requirement to seven business days. Unfortunately, this seven day rule doesn’t apply to major cities like Beijing. In addition, local governments have begun requiring additional paperwork proving that the applicant had a clean criminal record. Anyone with documentation from outside of the country now has to have it notarized.
Chinese immigration authorities claim that the goal is to make it easier and to improve service for foreigners. Unfortunately, this has simply created more headaches for a bureaucratic system that is already flawed and sluggish. On a positive note, it has become much harder for criminals and other shady individuals to bend the rules and take advantage of holes in China’s immigration policy.
If any you have any questions, the team here at Buda Law Group will gladly answer them. Please reach out to us to find out more or get a competitive quote on our legal immigration services.
Thank You,
John B. Buda, Esq.
www.budalawgroup.net office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405 Read MoreL-1 Visa Process and Complications
The biggest problem that clients face when their applications are submitted to the USCIS is the shaky definition of the term, “specialized knowledge”. The problem lies with the fact that “specialized” can be highly subjective, jumping in significance from one officer to the other. This frequently results in RFE’s from the USCIS requiring the applicant to submit additional evidence demonstrating his specialization. This problem has even reached the eyes of the inspector general from Homeland Security, who claims that reform will be likely in the coming future.
An international company can use an L-1A Visa to transfer a foreign employee to a U.S. office or headquarters if that employee has an executive role within the company, or the company can use an L-1B if this employee has the aforementioned, “specialized knowledge”. Officers that were interviewed, stated “we were told that when adjudicating specialized knowledge petitions, the general principle is ‘you know it when you see it’.” Due to this free reign of executive decisions on the officer’s behalf, standardized results became very inconsistent, leaving the applicants feeling bewildered about their denials.
USCIS approved more than 33,000 L-1 visa petitions in 2011, down from a peak of about 57,000 in 2007. India, England, Japan, Canada, and Mexico accounted for over 75% of entries into the United States on L-1 visas between 2003 and 2010. L-1 applications are already complicated for USCIS officers, and the majority of officers claim that they are not properly trained to adequately adjudicate them.
Some officers even go further to claim that the entire bureaucratic visa process is distracting them from their true mission, which is to keep drugs, terrorists, and undocumented immigrants out of the country. The sad truth is that we have lost sight for what the immigration authorities of the United States were initially set out to do. If intelligent, talented, and ambitious individuals want to immigrate to the United States to help it prosper and succeed, we should take proactive steps to put down the endless red tape that has barred so many worthy individuals from doing so.
If any you have any questions, the team here at Buda Law Group will gladly answer them. Please reach out to us to find out more or get a competitive quote on our legal immigration services.
Thank You,
John B. Buda, Esq.
www.budalawgroup.net office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405 Read More移民婚姻面试
绿卡结婚签证被有些人认为是合法获得美国签证的最简单容易的方法，但认为绿卡婚姻面试也很简单容易就是一个很大的错误了。相反，这些面试却是极其使人精疲力尽和痛苦的，即便是最令人畏缩的应聘面试都相形见拙。但是不管怎样，还是有办法确保最佳可能的结果，并将压力和焦虑降至最低。
您可以开始收集绿卡婚姻面试所需的文件，这些文件在美国公民及移民服务局寄给您的详尽清单上都有列出。下一步应该是最重要的一步，就是移民婚姻面试要准时。当然，一般建议提前 45 分钟到达。您必须着正装，这会给您的面试官带来一个好印象。您需要条理清晰，倾听并恰当回答没一个问题。面试通常持续 30 至 45分钟，因此请不要对面试官喋喋不休，这样每个人的时间都好过。一个人的最大错误就是虽然不知道特定问题的答案，但却去猜。不要去猜，这很容易猜错，建议的做法是说“我不知道”或者“我忘记了”。在面试时，会有一些问题问及恋爱关系的最基本的历史，比如你们什么时候第一次见面、吃的什么等等。这涉及到从最初相见到订婚直至结婚的整个历程。如果面试官有任何理由怀疑婚姻可能不是合法的，那就要准备好被单独问话吧。您对这些问题的回答将会与您的配偶的回答进行比较，以此来决定关系的合法性。应对这一情况的最好办法就是相互之间对个人信息进行小测验。最后一步，是将适当文件的原件和副本准备好，提交给美国公民与移民服务局官员。
最后一步可能需要律师的协助。实际上，每年有 450,000 名美国公民与外籍人士结婚，有相当大一部分比例仅仅是为了移民。美国公民与移民服务局知道这一情况，所以制定了一系列无所不用其极的让人心理精疲力尽的策略来应对。美国公民与移民服务局当然不会对移民婚姻签证掉以轻心，您同样也不应该掉以轻心。是否有移民律师专家为您在办理手续的每一步进行指导，对于成功申请居住权或被拒绝有着很大的不同。上面所列出的仅仅是婚姻签证流程所涉及的很小一部分，还有无数的更细节的地方将由富有经验的律师为您讲解。
如果您对绿卡婚姻面试，以及应该准备哪些步骤有所疑问，请联系博达移民律师事务所。我们将乐于为你指明方向。
谢谢！
John B. Buda, Esq. www.budalawgroup.netoffice: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205
Santa Monica, CA 90405
Read More移民婚姻面试
绿卡结婚签证被有些人认为是合法获得美国签证的最简单容易的方法，但认为绿卡婚姻面试也很简单容易就是一个很大的错误了。相反，这些面试却是极其使人精疲力尽和痛苦的，即便是最令人畏缩的应聘面试都相形见拙。但是不管怎样，还是有办法确保最佳可能的结果，并将压力和焦虑降至最低。
您可以开始收集绿卡婚姻面试所需的文件，这些文件在美国公民及移民服务局寄给您的详尽清单上都有列出。下一步应该是最重要的一步，就是移民婚姻面试要准时。当然，一般建议提前 45 分钟到达。您必须着正装，这会给您的面试官带来一个好印象。您需要条理清晰，倾听并恰当回答没一个问题。面试通常持续 30 至 45分钟，因此请不要对面试官喋喋不休，这样每个人的时间都好过。一个人的最大错误就是虽然不知道特定问题的答案，但却去猜。不要去猜，这很容易猜错，建议的做法是说“我不知道”或者“我忘记了”。在面试时，会有一些问题问及恋爱关系的最基本的历史，比如你们什么时候第一次见面、吃的什么等等。这涉及到从最初相见到订婚直至结婚的整个历程。如果面试官有任何理由怀疑婚姻可能不是合法的，那就要准备好被单独问话吧。您对这些问题的回答将会与您的配偶的回答进行比较，以此来决定关系的合法性。应对这一情况的最好办法就是相互之间对个人信息进行小测验。最后一步，是将适当文件的原件和副本准备好，提交给美国公民与移民服务局官员。
最后一步可能需要律师的协助。实际上，每年有 450,000 名美国公民与外籍人士结婚，有相当大一部分比例仅仅是为了移民。美国公民与移民服务局知道这一情况，所以制定了一系列无所不用其极的让人心理精疲力尽的策略来应对。美国公民与移民服务局当然不会对移民婚姻签证掉以轻心，您同样也不应该掉以轻心。是否有移民律师专家为您在办理手续的每一步进行指导，对于成功申请居住权或被拒绝有着很大的不同。上面所列出的仅仅是婚姻签证流程所涉及的很小一部分，还有无数的更细节的地方将由富有经验的律师为您讲解。
如果您对绿卡婚姻面试，以及应该准备哪些步骤有所疑问，请联系博达移民律师事务所。我们将乐于为你指明方向。
谢谢！
John B. Buda, Esq. www.budalawgroup.netoffice: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405 Read More
移民与创业
是什么驱动着富有创新精神和商业头脑的企业家选择移民美国？回答这个问题需要分析几个因素。参议院最近通过的移民法案中，对符合收入和聘用政策等一系列要求的创业申请人授予签证作出了特别规定。该法案的通过，正是因为不断增长的经济需求将移民和创造就业机会联系在了一起。事实上在最近的一段时间以来，外国移民不寻常的创新精神，不仅为其自身提供了就业机会，同时也为他们身边的无数美国人提供了就业机会。
最近由加利福尼亚大学的卓越经济学家发表的一份小型企业行政报告中指出，在2012 年，拥有企业的移民数量实际上已经超过了拥有企业的美国本地人数量。跟报告进一步发现，每100,000 名移民中，每月有620 名移民创建了企业，这是非移民数量的3 倍多。
创造就业机会也是很重要的一个方面，移民在这一方面很明显是赢家。最近，统计结果显示，由移民开办的美国公司比美国本地人开办的公司更倾向于聘用员工。这些公司的出口业务同样也很高，但貌似仅仅因为这些移民在原来的国家有广泛的人际关系。
最需要讨论移民问题的行业恐怕就是工程和技术行业了，因其属于最受欢迎的签证选项“杰出才能”类签证。该行业的两个最重要的国家是印度和中国。他们代表了工程技术行业中企业家的最高频率，十年来增长了近10%。这些企业家也受到过良好教育，四分之三以上都具有硕士文凭。
有研究表明，美国的外国移民获得的专利数量相当大，有四分之三的专利是由美国的顶尖研究型大学授予的。这都意味着什么？移民是好事，如果我们继续顺道而为，它会继续给我们带来无数的商业机会和就业机会。而真正的问题在于，我们是否竭尽所能，从这些改变中获得最大益处？如果国会能够使移民不再需要冗长的办理手续，无法预料会产生什么惊人的进展。
如果您有任何疑问，博达移民律师事务所很乐于问答您的问题。请联系我们获得更多详细信息，或索取我们法律移民服务的极具竞争性的报价。http://budalawgroup.net/contact-us-immigration-lawyer/
谢谢！
John B. Buda, Esq. www.budalawgroup.net office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405 Read More