Featured Clients of the Month: Ted & Austhin

Congratulations to our clients, Ted and Austhin, who recently completed the marriage-based green card process and were successfully approved! Ted is a U.S. citizen and Austhin is a citizen of Indonesia. Austhin recently received her ten-year green card with the help of our firm after filing an approved Form I-130 and attending an immigrant visa interview in Jakarta, Indonesia with the U.S. Embassy.  Ted met his wife, Austhin, in Jakarta where he was volunteering as an English instructor in 2012. Austhin was a teacher at the local school. The two immediately hit it off and began dating. However, Ted had to return to the U.S. in August of 2012 in order to continue pursuing his graduate degree. In the meantime, Ted and Austhin had a long-distance relationship and continued to keep in touch.  Upon completion of his degree in the U.S., Ted moved to Indonesia to be with Austhin. The couple enjoyed their life together in Indonesia until Austhin was granted a scholarship at Northern Arizona University. Austhin went to study in Arizona while Ted accepted a job in Cincinnati, but the couple continued their long-distance relationship in the meantime. In 2017, Ted and Austhin decided they could not be […]
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Presidential Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens

On May 23, 2019, the President issued a Presidential Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens. The Administration is obligated to enforce existing immigration laws and protect the American taxpayer. According to this memorandum, all federal agencies must update and issue guidance and regulations to comply with current law and to ensure that ineligible immigrants do not receive federal means-tested benefits. Most family-based and some employment-based immigrants must submit Form I-864, Affidavit of Support when they apply for status as a lawful permanent resident. The individual signing the affidavit of support, whether the sponsor or joint sponsor, agrees to accept legal responsibility for financially supporting the intending immigrant.  Over the next several months, federal agencies will develop and implement guidance related to the president memorandum to ensure that agencies enforce these requirements.  Specifically, USCIS is now required to remind a sponsor at the adjustment of status interview that the Form I-864 Affidavit of Support is a legally enforceable contract. The sponsor needs to understand and accept that by signing this contract he or she agrees to accept legal responsibility for financial support of the beneficiary. If the beneficiary collects any public benefits, the sponsor (or co-sponsor) will […]
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USCIS Announces Strategy to Decrease Processing Times for Naturalization and Adjustment of Status Applications

On June 17, 2019, USCIS announced that it will be implementing a national strategy to decrease differences in processing times based on location for both naturalization applications and adjustment of status applications. Since 2015, USCIS has experienced an increase in processing times due to higher than expected volumes received during fiscal years 2016 and 2017 that did not decrease as originally expected. Fiscal year 2017 receipts were up 15.6% from fiscal year 2016, and fiscal year 2016 receipts were up 25.5% from fiscal year 2015. The increased filing volumes did not affect field offices equally, which resulted in some disparity among processing times. USCIS will now begin to shift caseloads between field offices to decrease processing times. As a result, applicants may be scheduled to appear for an interview at a field office outside of their normal jurisdiction. This change will not affect where applicants attend their biometrics appointments. If you are interested in learning more about adjustment of status or naturalization, please contact our office to schedule a consultation with one of our attorneys today!
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Family 2A Category Visas to Become Current July 1, 2019

The U.S. State Department has announced that starting July 1, 2019, the filing for 2A spouses and unmarried children of lawful permanent residents will be current. This process has had a two-year backlog for many years. This announcement came from Charlie Oppenheim of the State Department at the Immigration Conference of the Federal Bar Association in Austin, Texas on May 17, 2019. Green card holders will be able to petition for their spouses and/or children starting on July 1, 2019. For green card holders whose spouse and/or children are lawfully present in the U.S., they should be ready to file their I-485 adjustment of status application on July 1. If a green card holder has yet to file an I-130 for his or her spouse and/or children, they can do so now or file the I-130 together with the I-485 application on July 1.  For spouses and/or children who are in the U.S. but do not have legal status, if they qualify under second 245i, they can adjust their status in the U.S. This also applies to spouses and/or children who are in removal proceedings and can request that the immigration judge expedite their next hearing so that they can […]
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Client of the Month: Ted Logan & the PGA

Ted Logan works in the United States for PGA of America as a Player Development Consultant. Mr. Logan has always felt passionate about golf and has found his true calling working for the PGA in the U.S. However, Ted and his family are Canadian nationals and have faced numerous immigration roadblocks to stay in the U.S. When these roadblocks finally came to a head, Berardi Immigration Law stepped in.  Our office successfully applied for TN visas for Mr. Logan in the past, but more recently, our office procured a green card for Ted based on his employment in the U.S. This green card allowed him and his family to remain in the country for a longer stretch of time and to settle into a more stable life. The green card process was not as simple as it sounds. Mr. Logan recalls many difficulties and rough patches along the way. “Both the TN and Green Card process presented many challenges. Much of it was timing and detail based with checkpoints for applications, processing, document review, interviews and border crossings.” However, Mr. Logan states that the support of Berardi Immigration Law made these challenges manageable and easy to overcome. Berardi was there at […]
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USCIS Announces New Guidelines for Spousal Petitions Involving Minors

On April 12, 2019, U.S. Citizenship and Immigration Services (USCIS) added to its February update on spousal petitions involving minors. USCIS has now decided that I-130 spousal petitions involving a minor require more heightened scrutiny than has been applied in the past. The new guidance was released as an update to the USCIS Adjudicator’s Field Manual (AFM), and it directs officers to conduct an additional interview, early in the petition process, for I-130 spousal petitions involving a minor. The purpose of interviewing spousal applicants earlier on during the I-130 process is to create an extra opportunity for USCIS to evaluate the petition and the claimed spousal relationship. This new interview requirement is an add-on to guidance published earlier in the year by USCIS, which detailed factors that officers should consider when evaluating I-130 spousal petitions involving a minor. For instance, officers should consider whether the marriage is valid in the country in which it took place, and officers should also take note if the marriage violates the law or public policy of the state where the couple plans to reside. The circumstances under which USCIS will be conducting these new, in-person interviews are laid out clearly in the AFM. USCIS […]
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What is Direct Consulate Filing?

Direct Consulate Filing (DCF) is an expedited process through which a United States citizen living oversees can petition the government for an immigrant visa for his or her immediate relatives. DCF requires that, instead of sending an I-130 petition back to the United States, the citizen sends it to a U.S. Embassy or Consulate in the country in which he or she is residing. It is important to note that this procedure is not offered at all consulates and embassies and to date, the government has not issued a list of available consulates that offer this service. The DCF requirements are modest. In order to file a Form I-130 Petition through DCF, the Petitioner must have U.S. Citizenship and have lived abroad for a minimum of six months. DCF may also be available in extenuating circumstances such as members of the military facing deployment, emergency situations, situations involving the health or safety of the petitioner, and when it is in the national interest of the U.S.  Ultimately, the U.S. Embassy or Consulate handles the visa petition directly and decides the immigrant’s eligibility for a green card. This is the advantage of DCF: I-130 applications are handled directly by a U.S. […]
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