Outline for ILW.COM's Seminar
"Overview Of The Immigration Process"
with Robert C. Divine
Part 2 held on July 26, 2002
For more info, or to signup online, click here.
For more info, or to signup by fax, click here.
2. Processing to Permanent Residence
- Preliminary Issues
- Substantive paths—a brief summary
(http://www.immigration.bakerdonelson.com/aboutimmigration/information.cfm?CatID=74;
classifications = http://www.foia.state.gov/masterdocs/09fam/0942011R.pdf;
discussion of each path at 9 FAM 42.20 et seq.)
- Choosing between immigrant visas and adjustment of status—summary
- Preferences and backlogs (Visa Bulletin:
http://travel.state.gov/visa_bulletin.html)
- Validity, revocation and conversion of petitions
- Derivative beneficiaries—dependents
- Countries of Chargeability
- Adjustment of Status
- Eligibility overview (8 CFR 245.1)
- Where to file—local, service center, or court (note: Though usually
office serving residence, per web site, for EB in “the Service Center that
has jurisdiction over your intended place of employment,” vs. 8 CFR 245.2
and I-485 instructions)
- What to file:
- forms and documents
- timing of medicals (8 CFR 245.5;
http://www.cdc.gov/ncidod/dq/health.htm)
and support
(http://www.ins.usdoj.gov/graphics/formsfee/forms/i-864pkg.htm)
- waivers (8 CFR Part 212, particularly 212.7)
- Interim work and travel authorization—initial applications,
extensions, special H/L rules
- Fingerprinting mechanics (ASCs)
- Interview and waiver of interview
- INS requests for evidence before, at or after interview
- Mechanics of approval—I-551 stamp, card issuance, fixing problems
(G-731s)
- Denial and appeal in removal proceedings
- Rescission (8 CFR Part 246)
- Immigrant Visas
(http://www.immigration.bakerdonelson.com/aboutimmigration/details.cfm?catID=75&contentID=529)
- Standard processing
- Notifying INS of intent for immigrant visa processing (I-130,
I-140, special note)
- NVC’s level of coordination and review—a moving target
- Completing DS-230
- DS-3032 agent form
- The new “Instructions to Immigrant Visa Applicants”—variations on
a theme (9 FAM 42.63:
http://www.foia.state.gov/masterdocs/09fam/0942063PN.pdf)
- Amassing the papers (9 FAM 42.65; police certificates: see 9 FAM
42.63 Ex. 11, http://travel.state.gov/reciprocity/index.htm)
- Scheduling of interview
- Medical exams (9 FAM 42.66)
- Interview and visa issuance (9 FAM 42.62, 42.73) or denial (9 FAM
42.81)
- Use of visa to enter USA
- Receipt of I-551 at the correct address
- Special situations
- Dependents “following” principal (9 FAM 42.68)
- Application for inadmissibility waiver (see 9 FAM 40 et seq.)
- Picking a different consulate (9 FAM 42.61)
- Lottery cases
- Switching between adjustment and visa processing
- Side-stepping the NVC
- Adjudication of petitions by consulate (one-step) or overseas
INS office
- Revocation of petition (9 FAM 42.43)
- Termination of Registration (9 FAM 42.83)
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