K-1 | Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

DOS Updates Guidance on K Visa Processing

Posted on March 1, 2021 by sethlerner1964

DOS updated its guidance on K visa processing for individuals who are named plaintiffs in Milligan v. Pompeo and who are subject to a geographic COVID-19-related proclamation. DOS also provided guidance for K visa applicants who are not plaintiffs in the case.

https://cbocalbos.wordpress.com/tag/expedited-student-visa-processing/

https://cbocalbos.wordpress.com/tag/h-and-l-visa-processing/

https://californiaimmigration.us/president-obamas-immigration-reform-requirements-extends-visa-processing-employment-based-visas/

https://cbocalbos.wordpress.com/tag/e-visa-processing/

Filed under: visa processing | Tagged: covid, fiance, interview delays, K-1 | Leave a comment »

State Department’s fiancé visa suspensions deemed unlawful.

Posted on December 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

On Thursday, a D.C. federal judge ruled that the Department of State cannot suspend K-1 fiancé visa processing during the COVID-19 pandemic, but declined to order speedier visa adjudication for more than 150 U.S. citizens and their partners. U.S. District Judge Boasberg said that the State Department was wrong to stop processing visa applications for individuals based on proclamations from Trump suspending entry into the country for immigrants and nonimmigrants from 31 countries during the coronavirus pandemic. However, after considering a balancing test, the judge did not find that the Department’s delay warranted judicial intervention. The judge also said that his decision could change if the delays continue for an extended period of time.

Filed under: best deportation attorney | Tagged: Fiancee Petition, K-1, K1, us district judge | Leave a comment »

District Court Finds Child Born in Canada to Same-Sex Couple Is a U.S. Citizen

Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

or the District of Maryland held that DOS erred in concluding that a child born in Canada to same-sex, naturalized U.S. citizens via assisted reproductive technology and surrogacy was born out of wedlock under INA §309.

Filed under: best deportation attorney | Tagged: 204, K-1, marriage fraud, Visa Fraud | Leave a comment »

Matter of Sesay Applicability to Former K-1 Fiancés

Posted on September 19, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Beneficiary who marries a K-1 petitioner within 90 days after admission into the United States, but subsequently divorces, can still adjust status based on the original K-1 marriage, as long as an I-864 was filed by the petitioner, and the beneficiary can prove that the marriage was bona fide. The practice pointer explains when USCIS will accept a signed I-864 from the K-1 petitioner.

https://cbocalbos.wordpress.com/tag/k1/

https://cbocalbos.wordpress.com/tag/8-cfr-%c2%a7245-13k1/

https://cbocalbos.wordpress.com/tag/priority-to-k1-visa/

https://californiaimmigration.us/visas/k-1-fiance/