Thursday

Houston Immigration Attorneys │ USCIS Announces New Filing Location for Naturalization and Citizenship Forms

Before you file an application or petition with USCIS you should always double check the correct filing location. Filing location can depend on several factors including form type, place of residence, place of employment or eligibility basis. Every few months USCIS changes the filing location for a particular form and as Houston immigration attorneys we are often kept on our toes with all the filing changes. Well, USCIS has done it again. On October 19, 2011 USCIS announced that Naturalization and Citizenship forms must be filed at a secure Lockbox Facility begining on October 30, 2011.  USCIS indicates this new procedure is intended to speed up the processing and adjudication of these particular forms by shortening the period of collection and deposit of fees.

Similar to previous changes in filing locations, USCIS has indicated a transition period will be provided between October 30 and December 2, 2011 whereby any form received at local USCIS offices during this period will be forwarded to the USCIS Lockbox facility for processing. After December 2, 2011 any forms received at incorrect locations will be returned to the applicant.  The following list is a breakdown of the particular forms each Lockbox will receive:

Phoenix Lockbox: N-336, N-600, N-600K

Dallas Lockbox: N-300. Individuals filing Form N-400, Application for Naturalization, already file at a Lockbox facility.

N-400 are designated to be filed at either the Phoenix or Dallas Lockbox Facility according to the applicant's residence.

 you reside in Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Territory of Guam, or the Commonwealth of the Northern Mariana Islands, send your application to the USCIS Phoenix Lockbox Facility at the following address:
         
USCIS
          P.O. Box 21251
          Phoenix, AZ 85036

For Express Mail or courier deliveries, use the following address:
          USCIS
          Attn:  N-400
          1820 E. Skyharbor Circle S
          Suite 100
          Phoenix, AZ 85034

If you reside in Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia, Commonwealth of PuertoUSCIS Dallas Lockbox Facility at the following address:
          USCIS
          P.O. Box 660060
          Dallas, TX 75266

For Express Mail or courier deliveries, use the following address:
          USCIS
          Attn: N-400
          2501 S State Hwy 121 Business
          Suite 400
          Lewisville, TX 75067

If you need assistance of  a Houston immigration attorney to prepare and file a Naturalization or Citizenship form contact us at 713-222-2828 or get more information by going to http://www.bsfirm.com/

Tuesday

Houston Immigration Attorneys | Filing With Premium Processing, Worth the Price?

As Houston immigration attorneys we file numerous petitions and application with USCIS and often file the same utilizing Premium Processing Service. Premium Processing was implemented to provide faster processing for certain employment-based petitions and applications.  At an additional fee of $1,225 USCIS guarantees that within 15 calendar days the petition or application will be adjudicated or  the fee will be refunded.  If the fee is refunded the relating case will continue to receive expedited processing. However, if additional documentation is requested or a response is requested to a notice of intent to deny  the 15 days will toll and restart once the USCIS receives the requested information. Keep in mind that only a petitioner, or the attorney or representative who has filed a notice of appearance on behalf of the petitioner may request Premium Processing Service.

Premium Processing Services offers various advantages over regular processing to both petitioners and beneficiaries. First, premium processing provides expedited adjudication of petitions and applications.  In contrast to premium processing, regular processing can take several months for USCIS to issue a decision which can leave many petitioners and beneficiaries in an anxious and uncertain state of mind. Many times, the approval of these petitions and applications will be the determinative factor for many business decisions and for beneficiaries it may affect their livelihood. Waiting several months can simply be too much to bear for some clients and paying the additional fee would be reasonable option to consider.

Second, USCIS has a designated phone number and email response system that can be used when petitions and applicaitons are filed under premium processing. This form of contact allows quick access to current information that may not always be available under regular processing. Having a premium processing phone and email permits petitioners and attorneys to contact officers directly and address issues that may arise.

Third, USCIS will  send updates, receipt notices and decisions directly to a petitioner or an attorney of record through email and/or fax as opposed to sending notices to snail mail under regular process. This benefit is significantly important if petitioners are keen to submitting additional documentation to demonstrate eligibility or clarification of an issue in response to a request for evidence or an intent to deny.

Third, when a petition or application is filed under premium processing, USCIS will typically provide faster processing for applications such as an I-539 filed by dependents of the beneficiary that are filed at the same time. It is our experience that the USCIS has done a pretty descent job at adjudicating the accompanying applications at the same time as the principal petition or application but there have been several instances where the accompanying application was not adjudicated simultaneously. Unfortunately, the USCIS is not required to provide the same expedited service for the accompanying applications but provide the service as a courtesy.

Often times however the benefits of the Premium Processing Service is simply is not worth the steep price. These types of cases include situations were expedited processing is not of urgent need to either the petitioner or beneficiary. For example if a petitioner is seeking to extend the beneficiary employment based immigration status and there is no underlying issues with unlawful presence or consular processing then premium processing would not provide an additional benefit to warrant incurring an additional fee of $1,225. Another example, is when a company is filing an H-1B petition on behalf of a prospective employee when the quota opens on April 1 or soon thereafter.  Keep in mind that even if the petition is filed under premium processing and is approved in a few weeks the change of status to H-1B will not occur prior to October 1, the first day of the fiscal year. Therefore, premium processing may not necessarily be the best option if the petitioner and beneficiary are fairly certain that the petition will be approved albeit it a few months rather than a few weeks.

We have stated only a few of the pros and cons of premium processing, however consulting an experienced immigration attorney can help determine whether utilizing premium processing  in the best interest of the petitioner and beneficiary. If you need a Houston immigration attorney to assistance in filing a petition or application under premium processing or need guidance in determining if a particular petition or application is eligible for this service contact us for a free consultation at 713-222-2828.

Houston Immigration Attorneys │Preparing For Adjustment of Status Interview Part Two

As Houston immigration attorneys we often have the pleasure of assisting clients in marriage based adjustment of status (AOS) interviews. The AOS interview is an essential part of the adjustment process and one that applicants should be prepared.

Interviewing officers can ask a myriad of questions pertaining to the marriage but typically choose a selected number of questions. Below are some of the more common questions at a marriage based adjustment of status interview:

1. Name and birthday of spouse?
2. How and where did you meet your spouse?
3. How long did you date before getting engaged?
4. Where did the marriage take place?
5. What the marriage conducted in a civil ceremony or a religious ceremony?
6. Have you met your spouse's parents?
7. Did you exchange wedding rings?
8. Do you have any photos of the ceremony and /or reception?
9. Did you go on a honeymoon? If so, when and where?
10. When is your anniversary?
11. Where did you live after the wedding?
12. Do you have a bank account together?
13. Do  you have joint ownership of property or real estate?
14. Do you have any children together? If not, do you plan of having any in the future?
15. Do you live with your spouse?
16. What kind of car does your spouse drive?
17. Where does your spouse work?
18. Do you have any documentation indicating joint assets or liabilities?
19. Where did you go on your last vacation?
20. What is your spouse's favorite food, music, movie?

If you have an adjustment of status interview coming up and need assistance from a Houston immigration attorney call for a free consultation at 713-222-2828