Certain J1 visa exchange program participants are required to return home for a minimum of two years before being allowed to work in the US under temporary work visas or adjust status to that of a green card holder. Some participants, however, can have this foreign resident requirement (INA section 212(e)) excused if they meet the requirements for a J1 waiver.

Unlike other US immigration waivers which are decided by employees of the Department of Homeland Security, whether or not to grant a J1 waiver is usually a joint decision by the US Department of State (which administers the J1 exchange visa program) and the government of the J1 visa holder’s home country. Since the J1 visa participant cannot change or adjust status without an approved waiver, J1 waiver processing times are often an important factor for an immigration attorney handling a J1 waiver case.

Current Department of State estimates for J1 waiver processing are below.  However, since each case is different, the processing time for your particular J1 waiver case could vary dramatically from the published estimates. Further, the estimate assumes that all required documentation has been received by the Department of State.

J1 Waiver Processing – March 2010

• No Objection Letter:  6 to 8 weeks
• Interested Government Agency (IGA): 4 to 8 weeks
• Persecution: 3 to 4 months
• Hardship: 3 to 4 months
• State Department of Health: 4 to 6 weeks
• Advisory Opinion: 4 to 6 weeks

When US green card applications are denied due to a ground of inadmissibility, most applicants must file a 601 waiver and wait for it to be adjudicated. Processing times for 601 waivers filed in the US during the adjustment of status process can take anywhere from one day to multiple years. Processing times for waivers filed abroad can take anywhere from 3 months to 2 years, depending on the USCIS office that is deciding the waiver. Waivers filed after a denied green card in Mexico, however, can be approved in as little as one week after it is submitted.

All Mexico green card applications are processed through the US Consulate at Ciudad de Juarez (CDJ), no matter where in Mexico the applicant resides. When a Mexico green card is denied at CDJ, the applicant will be notified of the denial during the interview. If the consular officer believes that a ground of inadmissibility can be waived via a 601 waiver, the applicant will be given instructions on filing the waiver. The applicant must make an appointment to file the waiver; Mexico waiver appointments are currently being scheduled approximately two months out.

During the waiver appointment, the applicant pays the $545 filing fee, hands in the waiver at the proper window, and then leaves. If the waiver is readily approvable, the applicant will be given the good news via a DHL delivery in approximately one week. If the waiver is not readily approvable, it will be placed in a pile for later adjudication (currently takes between 8 to 18 months) and the applicant will receive notice visa DHL that the case needs further processing.

To learn more about the Mexico green card or Mexico waiver process, contact us today for a free consultation at 800.989.6842.

Foreign nationals who are deported from the United States are barred from re-entering for a certain number of years following the deportation. If the person wishes to come back sooner, however, he can file a deportation waiver with immigration officials. If approved, the person will be permitted to enter the US without having to wait for the deportation bar to expire. An immigration waiver attorney can assist in preparing a deportation waiver application.

Deportation waiver for green card applicants

Green card applicants whose deportation bars have not yet expired are permitted to file an I-212 application for deportation waiver. If the applicant is adjusting status in the United States, the I-212 deportation waiver may be adjudicated by the immigration official who is handling the adjustment of status case. If the applicant is outside the US, and does not need to file a 601 waiver in addition to the deportation waiver, the I-212 should be sent to the district director with jurisdiction over the place where the deportation proceedings were held. If the applicant also needs to file an I-601 waiver, the deportation waiver should be filed at the US Embassy or Consulate.

Deportation waiver for nonimmigrants

The deportation waiver process for green card applicants has been formalized and is fairly predictable. The process for nonimmigrant visa applicants, however, is much less straight-forward. Contact an immigration waiver attorney today at 800.989.6842 to discuss your deportation waiver case.

• #immigration judge grants #asylum to family from #Germany for homeschooling persecution http://www.cavanaughlegal.com/asylumgermany #
• RT @addictiontweets Article I wrote for an online magazine Crime & Substance Abuse Issues in United States Immigration http://bit.ly/bEox8H #
• Dept of State announces that US #Passport fees may increase 35%! Apply or renew soon! http://www.cavanaughlegal.com/uspassportfee #

As an American immigration lawyer, I rarely have occasion to comment on  policies and procedures that could affect US citizens traveling abroad. However, recent news out of the Department of State’s passport office seems important enough to share.

You may have noticed that laws for travel throughout the western hemisphere have changed dramatically over the last decade. Where a trip to Mexico or a Caribbean cruise required a US citizen to carry no more than a driver’s license or birth certificate, travelers are now required to show US passports when traveling to and from most foreign destinations.  The Western Hemisphere Travel Initiative has been a major player in the modification of travel document requirements. The passport office now handles roughly 15 million applications per year.  However, the passport office estimates that only one-third of Americans have valid passports.

Passport Day in the USA  is March 27, 2010. On that Saturday in late March, all of the regional passport agencies will have extended Saturday hours, will accept walk-ins, and will not require proof of imminent travel plans.  Further, post office acceptance facilities will extend hours to accommodate applicants. Last year, Passport Day generated over 50,000 new passport applications.  This year, the threat of an increase in passport fees may generate even more interest in Passport Day services.

Obtaining a US passport to comply with travel requirements can be both a time-consuming and costly adventure, depending upon how quickly one needs to travel. Processing fees range from around $100 to several hundred dollars, depending on the time line. On February 9, 2010, the State Department proposed increasing passport fees based on a cost of services study. The cost for normal processing of an adult passport application would increase 35% to $135. Officials predict the increase will likely go into effect in or around April 2010. Officials cite advances in security, anti-fraud and anti-counterfeit measurements when justifying the rather large increase.

An immigration judge in Memphis, TN recently granted asylum to the Romeike family from Germany. This news was welcomed by immigration lawyers as asylum applicants must usually prove that their lives would actually be in jeopardy if forced to return to their home country. This family’s asylum claim was based on the government of Germany’s refusal to allow the kids to be homeschooled.Very few people from Western Europe are granted asylum in the US given the relatively non-repressive governments there; few immigration lawyers can claim success in asylum applications from the Western World.

Unlike in the United States, German parents (as well as parents in most European countries) are not permitted to homeschool children. The Romeike family are Evangelical Christians who object to both the curriculum taught in public schools in Germany, as well as the social influences exerted on the children by their peers.  The Romeike family had previously been fined $10,000 for refusing to send the kids to school.

A recent Supreme Court decision in Germany made homeschooling an offense that could result in a loss of custody of the children.  The Romeike family, from Baden-Wurttemberg, was contacted by the Home School Legal Defense Association (HSLDA) in Virginia which suggested that they relocate to the US. The father, a concert pianist, sold his Steinway to pay for the move and the family settled n Morristown, TN.

Immigration lawyers working for the US government have already appealed the novel decision, fearing that the ruling will encourage more asylum claims based on a country’s refusal to allow homeschooling.

• Traveling to for the closing ceremonies? Not if you have a #DUI Canadian #immigration and crime. http://tinyurl.com/ylo4lth #
• David Feherty, former golfer from Northern Ireland, sworn in by US #citizenship and #immigration http://www.cavanaughlegal.com/feherty #
• US gov't to spend $1B on US Embassy London for consular and #immigration svcs. http://www.cavanaughlegal.com/USElondon #
• #USCIS updates filing location for #immigration work permit applications http://www.cavanaughlegal.com/aos765 #
• Got an emergency? A US immigration lawyer can request an expedite of your green card application. http://www.cavanaughlegal.com/expedite #

Imagine you’ve just married the love of your life. You’re a United States citizen. He’s from Ireland. You’ve decided that you’d like to make a life in America and contact an immigration lawyer to discuss how to go about getting a green card through marriage for your husband so that he can move to the US.

An immigration lawyer will likely discuss all the ways he can get a green card including adjustment of status (if he’s already in the US), consular processing of the spousal visa, and consular processing of a K-3 visa. The conversation comes to a screeching halt, however, when you offhandedly mention that your new hubby was charged with misrepresentation during his last attempt at entering the United States because he lied about the purpose of his visit. Now the conversation turns from how wonderful it is to be a newlywed to the need for a 601 waiver in order to get a green card through marriage.

Needing a 601 waiver to get a green card through marriage is no insignificant thing.  The proper preparation of a waiver will require many hours of work on the part of both the immigration lawyer and his clients. And yes, you should hire a  lawyer to prepare the waiver. If you go it alone, and get rejected, you must start all over again if you want your husband to ever be able to get his green card.

Being a US immigration lawyer is a little like being a therapist. Each day, I listen to people’s immigration stories and offer advice, empathy and words of encouragement. Sometimes, however, I also have to offer a dose of reality.

Many immigration clients think that their story is unique, that they are experiencing unusual hardship and that they are entitled to “special” treatment by the government. This is especially true of US citizens who are sponsoring a loved one for a green card; it is hard to explain to a US taxpayer why her government is keeping her family separated.

The reality is, however, that not every situation is special, unique or particularly hard — at least with regard to immigration law. Most people pay exorbitant fees (for example, the filing fee for an adjustment of status green card case is over $1500), wait in ridiculously long virtual lines (a spousal green card case can take over a year) and have very little recourse if a case is denied (especially abroad).

A US immigration lawyer will field immigration expedite requests routinely. Each lawyer must come up with a policy to handle expedite requests, as repeatedly asking for preferential treatment will eventually cause a lawyer’s future requests to receive little consideration by immigration officials (a la the “little boy who cried wolf”). That is not to say, however, that requesting expedited processing is inappropriate in every case. Life-threatening or serious medical conditions, backed by hard evidence, may eventually push a case to the front of the line. I say eventually because response times for expedite requests are unpredictable.

USCIS has recently issued guidance for expedited cases which a US immigration lawyer or pro per applicant may find useful. First, all expedite requests are decided on a case-by-case basis and the Director has the final say on whether an expedite request will be granted. To qualify for an expedite, the person must prove severe financial loss to company or individual; extreme emergent situation; humanitarian situation; nonprofit status of requesting organization in furtherance of the cultural and social interests of the US; Defense Dept. or national interest situation; USCIS error or a compelling interest of USCIS.

USCIS recently announced a change in the processing of form I-765 (Application for Employment Authorization) that is commonly used by green card attorneys during the adjustment of status immigration process, including when submitting an application for a green card through marriage.

Green card applicants do not automatically have the right to work in the United States during the adjustment of status immigration process. If the person submitting the green card application is not currently in a lawful status that allows for employment, he or she would theoretically have to wait until the green card application was approved before being able to work. However, if the green card applicant also files form I-765 along with his adjustment of status package, he may be granted temporary authorization to work while the green card application is being processed (which could take six months, to a year or more).  The temporary work authorization typically affects those applying for a green card through marriage or other family relationship as those applying for other types of adjustment typically have to be in lawful status in order to apply.

In an effort to streamline the application process, USCIS is attempting to transition the initial processing of forms away from the individual service centers and, instead, having them processed at lockbox facilities.  Green card attorneys often have to adjust their office procedures with little or no notice when immigration officials change the way green card applications are handled. Thus, starting yesterday, green card attorneys (an pro per applicants) must send form I-765 to either a lockbox facility or the Vermont Service Center, depending on why type of benefit the applicant is seeking to work under.