Amy L Becerra’s Answers

You may check the most recent processing guidelines for the Service Center with jurisdiction over your place of residence for Forms I-129F (K-3) or I-130 at USCIS's website: www.uscis.gov. Best of luck! For assistance in preparing a K-3 or I-130 package, please contact Amy L. Becerra, Esq.; amy@alblawoffice.com. Se habla espa~nol.

If no evidence of your relationship was sent with the petition then you can almost certainly expect an RFE. I would advise you to start collecting such evidence now so that you'll be ready to send it right away once the RFE arrives as you'll have a very short timeframe in which to respond. Be sure that, in addition to whatever evidence you have of your relationship (as well as your identities and nationalities if you did not include that either), that you both include signed statements...

Whether you need additional evidence or not will depend on the basis for which you are asking for a new permanent resident card. When you submit a copy of your card, be sure to send copies of both the front and back of the card. Be sure to give a current physical address at which your card can be mailed as the postal service will not forward a permanent resident card but will return it to USCIS. Also, if you are submitting your application by mail, be sure to do so using certified mail with...

One of the first questions you'll need to answer is "how" did you legally enter the US? Definitely take any relevant immigration and documents related to your nationality to an experienced immigration attorney and review your history together!

The I-130 will start the immigration process, however, after filing it, she might also consider filing Form I-129F for the nonimmigrant K-3 visa. Depending on the circumstances, it may be more advantageous to consider teh K-3 following by adjustment of status in the U.S. Consult with a trusted immigration attorney to see which path might be best for this couple.

You should consult with a U.S. immigration attorney to determine your various options. Your choice will depend largely on when and where you choose to marry, and whether or not your fiance(e) is eligible to receive a particular immigration benefit. If you wish to marry in the U.S., you file a K-1 fiance(e) visa petition with USCIS; after approval and issuance of a visa, you must marry your fiance(e) within 90 days of his/her entry to the U.S. on the K-1 visa. Should you marry in Canada or...

As of July 31, 2010, the Salt Lake City, UT, USCIS office reports that it is taking approximately 5 months to process the N-400 Application for Naturalization. Once you have been passed your civics and English exams and been approved at your interview, it generally takes anywhere from a few weeks to a month to schedule your oath ceremony. The moment you are a US citizen, you may apply for a US passport, register to vote, and petition for family members. A US citizen may petition for...

Your permanent resident student must be 18 years old to naturalize (unless he's eligible for an exception due to military involvement). There are many other factors to consider in determining whether or not your student may be eligible to naturalize and I would recommend seeking a consultation with an experienced naturalization attorney to seek what steps next to take.

If you are able to arrange international travel to take place between your naturalization interview and your swearing-in ceremony without jeopardizing the continuous presence requirement, be sure to bring copies of your entry/exit stamps in your foreign passport with you to the swearing-in ceremony so that you can present them if asked to do so.

Before your wife leaves the United States for any reason, even to attend an interview at an American consulate overseas, you should consult with an immigration attorney you trust to determine whether and/or how much unlawful presence your wife may have accrued during her time here in the U.S. If she has accrued more than 1 year of unlawful presence here, her leaving the U.S. may trigger a 10-year bar on her ability to return to the U.S. and you may be required to file a waiver for her with the...