Lawyer Linh

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  • Family-Based Immigration,  Green Card,  Lawful Permanent Residency,  Marriage

    Which One Processes Faster? A Fiance(e) Visa or Spouse Visa?

    September 23, 2022 /

    I meet with many people who ask me if they should do a fiance visa or spouse visa if their significant other is not in the U.S. and will process at a U.S. consulate. Generally speaking, the fiance visa will be faster if the goal is to be together in the U.S. as soon as possible. Remember that once your fiance comes to the U.S. with the fiance visa (K1 visa), you must get married within 90 days of your fiance entering. Once you are married, the green card application can be filed, and your fiance would remain in the U.S. while that is processed. Eventually, an interview will be…

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    Linh

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    COVID-19 Vaccines Will Be Required for Green Card Applicants Starting October 1, 2021

    September 2, 2021

    Who Can Petition for Who In Family-Based Immigration Cases

    July 10, 2018
    fiancee visa spouse visa adjustement of status

    Understanding the Spouse Visa and Fiancé(e) Visa

    July 23, 2018
  • Employment-Based Immigration,  Family-Based Immigration,  Green Card,  Lawful Permanent Residency,  Policy Change,  U.S. Citizenship

    Why Could Your Case Be Taking So Long? USCIS Processing Delays Remain at Crisis Level

    September 24, 2021 /

    Nationwide, you and millions of families, businesses, and individuals applying for immigration benefits are waiting longer for U.S. Citizenship and Immigration Services (USCIS) to process and approve applications and petitions. Based on previously available USCIS data, in Fiscal Year (FY) 2014, an average case took about five months to process. In FY2020, an average case took more than nine months. Anyone who files applications or petitions with USCIS is affected. You and other people applying for family-based benefits, employment-based benefits, naturalization, travel documents, and employment authorization are all experiencing delays. Between FY2017 and FY2019, USCIS’s processing times for all petitions and application form types rose more than 37%. The dramatic…

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    Linh

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    The PERM Process – Getting U.S. LPR Status Through an Employer

    July 13, 2018

    EB-2 Overview and Basics

    August 1, 2018

    The Green Card Process for Foreign Workers

    October 28, 2022
  • Employment-Based Immigration,  Family-Based Immigration,  Green Card,  Lawful Permanent Residency

    The 3 Agencies Involved in Immigrant Visa Cases: USCIS, NVC, and the U.S. Consulate/Embassy

    September 14, 2021 /

    I want to preface this post by saying that all three of these agencies are involved when a family member or employee is being petitioned for, and that person is not currently in the U.S. and will be processing at a U.S. consulate/embassy abroad. However, there are instances when a person is going through the immigration process that involves the I-601A stateside waiver process (you can read more about that process on this blog post), and dealing with these three agencies would also apply in those cases. For anyone who wants to be petitioned for, or if the person is self-petitioning, to become a green card holder in the U.S.,…

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    Linh

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    COVID-19 Vaccines Will Be Required for Green Card Applicants Starting October 1, 2021

    September 2, 2021

    An Overview of What You Need to Know About the EB-3 Category

    September 12, 2018

    Overview of the H-1B Visa and Why They May Be Getting Harder to Get

    July 5, 2018
  • Employment-Based Immigration,  Family-Based Immigration,  Green Card,  Lawful Permanent Residency,  Policy Change

    COVID-19 Vaccines Will Be Required for Green Card Applicants Starting October 1, 2021

    September 2, 2021 /

    Starting October 1, 2021, U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State will require COVID-19 vaccinations for all applicants applying for refugee or lawful permanent residence, with some exceptions. All applicants who receive their medical examination ON OR AFTER October 1, 2021, must complete the COVID-19 vaccine series and provide documentation of vaccination. This change will impact anyone who completes the medical exam ON OR AFTER October 1, 2021. If the exam is completed BEFORE October 1, 2021, and it remains valid, the COVID-19 vaccine will not be required. Waivers for the vaccine may be available in these scenarios: -Not age-appropriate -Contraindiction – a reason for…

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    Linh

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    Overview of the L-1A Visa – Intracompany Tranfers

    September 21, 2018

    The Green Card Process for Foreign Workers

    October 28, 2022

    If You Are A Restaurant Owner, Petitioning for A Specialty Chef Is An Option

    November 12, 2018
  • Family-Based Immigration,  Marriage,  Visas

    What You Should Know About Adding Beneficiaries for the Fiancé(e) Visa

    September 23, 2019 /

    If you are a U.S. citizen, there are two ways you can bring your significant other to the U.S. to get a green card (AKA lawful permanent residency). You can read more about the difference in a blog post I had written by clicking here. In this post, I am going to talk about adding beneficiaries to a fiancé(e) visa. For a child to be included as a beneficiary and to get a K-2 visa, and eventually, a green card, under his or her parent’s fiance(e) visa petition, the child must under 21 years old and unmarried. Some people confuse this and think that in order for a child to…

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    Linh

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    Why Could Your Case Be Taking So Long? USCIS Processing Delays Remain at Crisis Level

    September 24, 2021

    Which One Processes Faster? A Fiance(e) Visa or Spouse Visa?

    September 23, 2022
    fiancee visa spouse visa adjustement of status

    Understanding the Spouse Visa and Fiancé(e) Visa

    July 23, 2018
  • Family-Based Immigration,  Policy Change

    What You Need to Know About the New Public Charge Rule Effective 10/14/2019

    September 3, 2019 /

    **UPDATE: On October 11, 2019, federal judges in New York and California ordered a nationwide block, which prevented the rule from going into effect. On January 27, 2020, the U.S. Supreme Court decided that this rule can go into effect. USCIS announced that they will begin implementing this rule starting February 24, 2020.             A major change is happening starting on October 14, 2019, for those applying or adjustment of status (green card), change of status, and extension of status.  Applicants will have to prove that they are self-sufficient and will not become a public charge.  In other words, people who are applying for a green card, change of status,…

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    Linh

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    COVID-19 Vaccines Will Be Required for Green Card Applicants Starting October 1, 2021

    September 2, 2021

    Humanitarian Reinstatement – How An I-130 That Has Been Terminated Due to the Petitioner Passing Away Can Be Saved

    February 25, 2019

    Which One Processes Faster? A Fiance(e) Visa or Spouse Visa?

    September 23, 2022
  • Family-Based Immigration,  Lawful Permanent Residency

    Humanitarian Reinstatement – How An I-130 That Has Been Terminated Due to the Petitioner Passing Away Can Be Saved

    February 25, 2019 /

    One of the sad realities of our immigration system is that it can take a very long time to bring over certain family members. For example, if a U.S. citizen mother petitions to bring her married son to the U.S., it could take over 22 years before that son will be able to come to the U.S. if he is a Mexican or Filipino national. If the son is a Canadian national, it would take about 12 years. Another reality is that a Petitioner can pass away during this waiting period. When that happens, by law the I-130 is automatically revoked. Fortunately, there is a way to save this I-130…

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    Linh

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    Why Could Your Case Be Taking So Long? USCIS Processing Delays Remain at Crisis Level

    September 24, 2021

    COVID-19 Vaccines Will Be Required for Green Card Applicants Starting October 1, 2021

    September 2, 2021
    fiancee visa spouse visa adjustement of status

    Understanding the Spouse Visa and Fiancé(e) Visa

    July 23, 2018
  • fiancee visa spouse visa adjustement of status
    Family-Based Immigration,  Green Card,  Lawful Permanent Residency,  Marriage

    Understanding the Spouse Visa and Fiancé(e) Visa

    July 23, 2018 /

    Comparing Spouse and Fiancé(e) Visas Let’s say you are a U.S. citizen engaged to marry someone from Chile and hope to marry them in the U.S. Perhaps you are a lawful permanent resident that has been married to a Canadian for one year. You want to live together in the U.S. but are uncertain about the process. This post will give you a general overview of each process and the respective filing fee costs. Another thing to keep in mind is that processing times are always subject to change without notice. If you prefer to have a set date for your wedding, the spouse option would be a better idea…

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    Linh

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    Which One Processes Faster? A Fiance(e) Visa or Spouse Visa?

    September 23, 2022

    The 3 Agencies Involved in Immigrant Visa Cases: USCIS, NVC, and the U.S. Consulate/Embassy

    September 14, 2021

    Who Can Petition for Who In Family-Based Immigration Cases

    July 10, 2018
  • Family-Based Immigration,  Green Card

    Who Can Petition for Who In Family-Based Immigration Cases

    July 10, 2018 /

    “I am a green card holder.  Can I petition for my sister/brother/parent to get his or her green card?” “I want to petition for my niece/nephew.  Can I do that?” These are some of the types of questions I often get.  This blog post will answer those questions. Whether you are a U.S. citizen or a Green Card holder, you go through the same process to help your relative have legal residence in the United States. You start by filing Form I-130, Petition for Alien Relative. Although the petition is described in more detail elsewhere, know that you will need evidence such as (1) proof that you’re a permanent resident…

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    Linh

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    fiancee visa spouse visa adjustement of status

    Understanding the Spouse Visa and Fiancé(e) Visa

    July 23, 2018

    Which One Processes Faster? A Fiance(e) Visa or Spouse Visa?

    September 23, 2022

    Humanitarian Reinstatement – How An I-130 That Has Been Terminated Due to the Petitioner Passing Away Can Be Saved

    February 25, 2019
  • Family-Based Immigration,  Waiver

    I-601A Waiver – What You Need to Know

    July 10, 2018 /

    Who May Use Form I-601A Form I-601A is useful in only a few situations. The form is designed for those who have an immediate relative or spouse who is a U.S. citizen or lawful permanent resident (LPR), and the U.S. citizen or LPR spouse wants to petition for his/her foreign-born spouse.  This relative must have entered the U.S. undocumented for this form to apply.  For example, if your spouse entered the U.S. without documentation and you two got married and you are a U.S. citizen or lawful permanent resident (aka green card holder) who wants to petition for your spouse so he/she can get LPR status, this waiver would be…

    Read More
    Linh

    You May Also Like

    What You Need to Know About the New Public Charge Rule Effective 10/14/2019

    September 3, 2019
    fiancee visa spouse visa adjustement of status

    Understanding the Spouse Visa and Fiancé(e) Visa

    July 23, 2018

    The 3 Agencies Involved in Immigrant Visa Cases: USCIS, NVC, and the U.S. Consulate/Embassy

    September 14, 2021

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