Immigration Law

Quick Bits of Immigration Info

By Robert Kraft

• Foreign nationals in the United States with lost or stolen passports or I-94 cards may file for an Application for Replacement/Initial Nonimmigrant Arrival-Departure Document with the Immigration Service. Applicants may apply by submitting Form I-102 with the applicable filing fee of $320. The filing of Form I-102 will provide the applicant with a copy of the I-94 card. An I-94 card establishes that the foreign national was inspected and admitted into the United States. Filing Form I-102 will not provide the applicant with copies of their lost or stolen passport.

• If a joint petition to remove conditions was filed but the living situation changed after filing the petition, the applicant must notify the Immigration Service of his/her current status. The applicant should request that the petition be converted to a waiver application. If a divorce has been filed but has not been finalized, the Immigration Service will provide the applicant 87 days to submit the final divorce decree.

• As of November 28, 2009 the Immigration and Nationality Act (INA) governs the Commonwealth of the Northern Mariana Islands.

• Foreign nationals who were abused by their U.S. citizen or a lawful permanent resident (LPR) spouse or parent may file a self-petition on Form I-360. If eligible, an application to adjust status on Form (I-485) may be filed concurrently with Form I-360. To be eligible for a self-petition based on abuse by a spouse, the self-petitioner must satisfy certain requirements. One of the requirements is that the marriage was entered into into in good faith. Documents establishing a good faith marriage may include commingling of accounts, affidavits from family and friends, pictures, e-mails, and birth certificates of children (if any), to name a few.

• Effective December 15, 2009, employers filing temporary labor certifications under the H-1B, H-1B1, E-3, H-2A, H-2B, H-1C, and D-1 programs must file the applications at the Chicago National Processing Center's new location. The new address is 536 South Clark Street, Chicago, Illinois 60605-1509.

Full post as published by Immigration Law Answers Blog on January 04, 2010 (boomark / email).