July 23, 2024

The U.S. immigration process can be complex, overwhelming, and often stressful, especially for couples navigating the various legal requirements to be together. We understand these challenges deeply, having personally experienced the immigration journey ourselves. Our weekly live immigration attorney chats are designed to provide clarity, support, and a sense of community for couples across the nation and around the world.

In this week’s live stream, we addressed a wide range of questions from our viewers, offering advice on different aspects of the immigration process, from advanced parole to interview tips:

 

  • Understanding Processing Times: We know that waiting for your visa or green card can be incredibly stressful. The first step in the spouse visa process alone can take over a year, depending on various factors like whether the petitioner is a U.S. citizen or a lawful permanent resident. However, as long as you have a receipt notice from USCIS, rest assured that your application is in the system and being processed.

 

  • Fiancé and Spouse Visa Nuances: The requirements for fiancé and spouse visas can differ significantly, particularly in how legal marriages are recognized across different countries. It’s crucial to understand whether your marriage is legally binding in the country where it occurred to determine which visa you should apply for.

 

  • Advanced Parole and Military Parole in Place: If you’re waiting for advanced parole, current processing times are generally between six to eight months. Military parole in place can vary significantly depending on the state, with some cases taking over six months.

 

  • Impact of Election Year on Immigration: Changes in presidential leadership can affect immigration policies, particularly regarding processing times and the introduction of new obstacles. However, the core eligibility requirements for visas, as outlined in the Immigration and Nationality Act, cannot be changed by the president alone.

 

 

Q&A: Your Immigration Questions Answered

How long does it take to get advanced parole after biometrics have been applied and the adjustment application is pending?
Current wait times for advanced parole range from six to eight months, although some cases may be processed faster.

How long is the wait for an embassy interview in El Salvador?
For fiancé and spouse visa cases, interviews in El Salvador are generally scheduled within six months, which is shorter than in many other countries.

If someone needs a vaccine waiver, are they still eligible for adjustment of status?
Yes, you can file for a vaccine waiver on religious or moral grounds, but your adjustment of status application cannot be approved until the waiver is approved.

What happens after you receive your case number from the National Visa Center when applying for a fiancé visa?
After receiving your case number, the National Visa Center will assign your case and transfer it to the U.S. embassy or consulate where your interview will take place. You’ll receive further instructions from the embassy or consulate.

Do you have any interview tips for a couple with a 40-year age gap who are a same-sex couple, with the interview taking place in India?
It’s important to submit a strong initial application with solid evidence of your relationship. During the interview, be prepared to answer questions about your relationship history, future goals, and common interests. Review all documents and evidence you’ve submitted to ensure consistency.

How would the election year affect processing times given the impending change in leadership?
While the president cannot change immigration laws directly, a change in leadership can impact processing times through new policies or additional obstacles. It’s important to stay informed and proactive in your immigration journey.

Can you provide an estimate for the U.S. Consulate in Sydney, Australia, for someone who was documentarily qualified on May 15th?
For spouse visa cases, the general wait time for an interview is around six months, though this can vary.

Can you file an I-130 petition and a work permit (I-765) concurrently?
This depends on your specific situation. If your spouse is in the U.S. and qualifies for adjustment of status, you may be able to file these concurrently. However, filing incorrectly can cause delays, so it’s crucial to ensure you’re using the right forms and following the correct procedures.

How long does it take for military parole in place to be approved?
Military parole in place processing times vary by state, but on average, it can take around six months, with some jurisdictions taking longer.

Will working in the military put our case under advanced parole when we go to the interview?
Military service does not generally affect the interview process for your spouse’s visa. The interview will be conducted according to standard procedures, regardless of military status.

Join Us for Weekly Live Immigration Chats

If you found this information helpful, we invite you to join us every Tuesday at 11 a.m. EST for our weekly live immigration attorney chat. We’re here to answer your questions, provide guidance, and help you navigate the U.S. immigration process with confidence.

If you have any questions or concerns, we’re committed to supporting you every step of the way, helping you navigate the complexities of the immigration journey with confidence. If you find yourself overwhelmed or uncertain about the next steps, reach out for personalized advice tailored to your unique situation. And don’t hesitate to visit our resource center for more detailed guides to use on your journey through this process.

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