E2 visa FAQ: USCIS Approval versus Consular Visa Issuance

Q. My husband purchased a business last year in the US and was granted a change of status from USCIS on to the E2 classification. The petition was filed in my husband’s name, so I understand that if he leaves the country he will lose his E2 status and will have to re-apply. I am planning to go back to the UK for a short trip. Will I lose my E2 status upon my return? Could you please also let me know what your procedures are for the preparation of an application for an E2 visa from the US Embassy London, we already have the information needed for the application but I am not sure if we can file while in the USA.

A. You are correct that neither you nor your husband will be re-admitted into the USA in E2 visa status without an actual consulate-issued E2 visa in your passports. To receive an E2 visa in ones passport requires registration and approval of the E2 visa enterprise at the relevant consulate, which in your case is the Consular Unit of the US Embassy in London.

The application can be prepared and lodged whilst you are in the United States. However, since one of the requirements of the applicable treaty is residence in Britain, you must be prepared to prove that you continue to maintain your principal residence here.

Given that the US Embassy in London has some very particular local requirements that must be strictly followed and observed, we strongly advise that you restrict your search for a lawyer to any one of the six (6) London based US immigration firms. Collectively speaking, our extensive experience dealing with the US Embassy in London and satisfying it in all its particulars makes any one of us the natural choice to handle your case. In any case, you should feel perfectly free to ring our office in London to further discuss your matter.

Copyright 2007, Ortega-Medina & Associates Ltd. All Rights Reserved.
http://www.ortega-medina.com/

Bogus Indian Tribe Scheme Ensnares Undocumented Aliens

We have just been alerted by AILA’s Northern California Chapter of an immigration scam taking place in South Texas. Apparently, a group calling itself the “Kaweah Indian Nation” has been selling “citizenship” into the bogus tribe to undocumented aliens. Representatives of the bogus tribe claim that the documents they sell eventually lead to US citizenship, and allow the owner to travel freely into and out of the United States. Representatives of the bogus tribe are approaching ministers of rural churches, and are convincing them to sell their congregations on the scheme. We are informed that the US Federal Government does not presently recognize a tribe known as the “Kaweah Indian Nation”. Only the "Kickapoo Tribe", located near Eagle Pass, has the right to dual US-Mexico citizenship due to the location of its tribal lands. Individuals seeking more information about this scam may contact our office.
Copyright 2007 Ortega-Medina & Associates Ltd. All Rights Reserved.
http://www.ortega-medina.com/

Problem with The Form I-485 That Appears on USCIS Website

We have been informed by the American Immigration Lawyers Association that USCIS erroneously posted on its website a Form I-485 with a revision date of 07/30/07N. USCIS will post a new, corrected Form I-485 on July 30, 2007. In any event, USCIS shall continue to accept previous editions of the Form I-485, including the 04/01/06 edition. Individuals seeking more information about the final fee schedule should contact our office.
Copyright 2007 Ortega-Medina & Associates Ltd. All Rights Reserved. http://www.ortega-medina.com/

USCIS Extends Temporary Suspension of Premium Processing Service for Form I-140 Petition for Immigrant Alien Worker

On 24 July 2007, U.S. Citizenship and Immigration Services (USCIS) announced that it is extending the temporary suspension of Premium Processing Service for Form I-140, Petition for Immigrant Alien Worker, which previously became effective on July 2, 2007.
This is because USCIS anticipates that the volume of Form I-140 petitions filed requesting Premium Process Service will continue to exceed USCIS’s capacity to provide the Premium Process Service according to the Premium Process Service program guidelines. (Note: Premium Processing Service guarantees that USCIS complete initial processing on a case within 15 calendar days of receipt.) The suspension will continue until further notice.

USCIS has stated that in the event it finds that it will be able to process these cases within 15 calendar days of receipt, it shall once again make Premium Processing Service available for Form I-140 petitions. Individuals seeking more information about the final fee schedule should contact our office.
Copyright 2007 Ortega-Medina & Associates Ltd. All Rights Reserved.
http://www.ortega-medina.com/

New USCIS Application and Petition Fees Go Into Effect on July 30, 2007

On 23 July 2007, U.S. Citizenship and Immigration Services (USCIS) issued a reminder that the agency’s new fee schedule will be in effect on Monday, July 30, 2007. Applications or petitions postmarked or otherwise filed on or after that date must include the new fee. By way of background, USCIS announced the new fee schedule in May. The final fee schedule includes a reduction in fees for some adjustment of status cases, expands fee waiver and exemption eligibility, and allows a one-time free extension of orphan petitions for prospective adoptive parents. Overall, USCIS application and petition fees will increase, on average, by about 66%. Individuals seeking more information about the final fee schedule should contact our office.
Copyright 2007 Ortega-Medina & Associates Ltd. All Rights Reserved. http://www.ortega-medina.com

Changes to E2 Visa Procedures, US Embassy London

NEWS FLASH!!!

US Embassy London Changes E2 Visa Procedures

The US Embassy in London has recently published revised application procedures for initial E2 visa submissions. Application binders are now limited to less than 2 inches in thickness, and the tabbing instructions have been significantly revised. Additionally, under the previous procedures, the DS-156E was only consular form to be submitted with an initial registration application, and no fee was required. Under the revised procedures, Form DS-156 must be accompanied by Forms DS-156, DS-157, and a credit card fee receipt. These changes are effective immediately. Any application submitted in accordance with the former procedures will be summarily rejected. (22 December 2006)
Copyright 2006 Ortega-Medina & Associates Ltd. All Rights Reserved. http://www.ortega-medina.com/

2006 H1B Cap Filled; More visas needed

On August 12, 2006, the USCIS announced that the H1B visa cap had been filled...as you may have heard. Many employers and visa applicants were left high and dry by this sudden closing of the visa doors. Only a concerted effort to pressure your law makers to add more visas to the queue will solve this problem. We at the law offices of Ortega-Medina & Associates urge you to contact your Senators and Representatives in Congress and demand that they address this issue.
Copyright 2005 Ortega-Medina & Associates Ltd. All Rights Reserved. http://www.ortega-medina.com