Tills Visa Law

Stephen K. Tills, Attorney at LAW

Immigration Processing Times (Family based)

We are frequently asked about the length of time that visa applications take to be processed. So after a quick review of some of our recent files we can report as follows:
spousal-visaFiance Visas: Where a foreign national is petitioned by a U.S. citizen to enter the U.S. to be married and then file for Permanent resident status (green card). This process takes an average of 18 months from the date the fiance visa is filed with U.S. CIS by the U.S. citizen petitioner.

Immigrant Visas (Spouses): For U.S. citizens filing for their foreign national spouses, the processing time has been 13 to 18 months. Here the I-130 petition based on the marriage is filed in the U.S. and upon approval is ultimately sent to a U.S. consulate abroad for issuance of the Immigrant visa. While the I-130 process is taking only 3-5 months, the consular interview / appointment scheduling takes the bulk of the time.

Adjustment of Status: U.S. citizens may file visa applications for their Spouses, Children, and Parents while they are present in the U.S. in some but not all circumstances.
These cases are taking only 6 to 10 months to be completed. We had one in 2013 take 3 months from start to finish.

Why can’t all visa applicants use this process?
Taking the case of a U.S.C. filing for a spouse: The spouse must be present in the U.S. after having entered the U.S. lawfully with a visa or as a visa waiver admittee. The spouse must also be “admissible” to the U.S., such that they have no prior immigration violations or significant criminal history. Their last admission to the U.S. must have been made without mis-representing the purpose of it (to visit and then leave). U.S. CBP and DHS have a rule known as the “30/60” rule. If a visitor enters the U.S. and gets married within 30 days of admission, it’s presumed that he committed fraud to CBP at entry, and files the visa application within 60 days, its presumed fraud by DHS.
It’s perfectly acceptable for a foreign national entering the U.S. on a long-term visitor visa, such as an H1-B(skilled worker), or F-1(student), or even a B-2 (tourist) to fall in love and marry a U.S. citizen. The U.S. government allows the visitor to remain in the U.S. while processing the visa application. But its much trickier for visa waiver applicants admitted for up to a maximum of ninety days.

Do you need assistance?
If you are detained for immigration reasons or need to resolve your immigration status contact an Immigration Lawyer for good results.
Stephen K. Tills Esq.: an attorney and member of AILA, specializes in your area of need: Green Card Work Visa, Waivers, Detention, Citizenship, Fiance, Immigration.
Find out more:- call 716.662.5080 Immigration office of Stephen K.Tills Esq. in the Buffalo, NY.
Contact form :- www.TillsVisalaw.com email: stephen@tillsvisalaw.com


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