The recent devastation in Japan has resulted in the United States Citizenship & Immigration Services (USCIS) providing certain U.S. immigration benefits to Japanese nationals.  Currently, temporary relief is available for eligible Japanese nationals.  USCIS is providing relief to include the following:

• A change or the extension of a non-immigrant status for an individual already in the U.S. even if that person’s period of stay has already expired;
• The extension of parole for those previously granted parole by USCIS into the U.S.;
• The extension as well as expedited processing of advance parole requests;
• The expedited approval for F-1 student visa holders for off-campus employment due to severe economic hardship;
• The expedited processing of relative immigrant petitions filed by U.S. citizens (USC) and lawful permanent residents (LPR);
• The expedited processing of employment authorization; and
• Assistance to those LPRs stranded abroad who do not have their green cards.  Coordination will be made by USCIS and the Department of State when the LPR is at a location where there is no local USCIS office.

If you are a Japanese national and believe you are eligible for any of these benefits, please contact our office for assistance.  These benefits are still available to help you or your family.

Marriage to a United States Citizen (USC) entitles you to be able to immediately apply for your green card, unless you are a J-1 visa holder, in which case, there is a requirement that you leave the United States for 2 years before you are allowed to obtain your green card.  This requirement can be waived, however, in certain circumstances.  The following information is helpful in understanding the general process of obtaining a green card if based upon marriage to a USC.

Does marriage to a USC automatically give me a green card?
Marriage to a USC does not automatically get you a green card.  You must file an application with the United States Citizenship & Immigration Services (USCIS) using Form I-485.  Along with the application and required supporting documentation, you must submit an affidavit of support from your spouse as well as the results of a medical examination performed by a civil surgeon approved by USCIS to perform medical examinations. 

Can I apply for a green card before I marry?
You may not apply for a green card until after you are married.  It is your marriage to your USC spouse that makes you eligible to obtain a green card.

What is a fiancé(e) visa?
It is a visa that allows someone not yet married to a USC to enter the United States in order to marry the USC.  The USC fiancé(e) will have to file a petition using Form I-129F with USCIS which is then forwarded to the National Visa Center (NVC) for further processing and fee collection.  Once the NVC requirements have been met, the U.S. consulate in the fiancé(e)’s foreign country is notified and the fiancé(e) will be required to attend an interview at that consulate.  Typical processing takes 4-6 months before a visa is issued.

Am I allowed to work while I wait for my green card?
Because you have a pending green card application, you will be eligible to apply for a work permit by filing Form I-765 with USCIS which will enable you to work until you receive your green card.

How long will my case take to be processed once I applied?
Processing times vary among USCIS offices.  You should always check with the office where you file because processing timelines often change.

When will I get my green card?
You and your USC spouse will be required to attend an interview at the local immigration office having jurisdiction over your case.  If you are approved, USCIS will send your green card in the mail shortly after your interview.  If you need immediate confirmation of your green card status, USCIS will stamp your passport.

Does my USC spouse have to accompany me to my interview?
Yes.  The purpose of the interview is to determine that your marriage is real and was entered into in good faith.  If your spouse does not attend the interview, your petition will be denied.

What type of green card will I receive if I am approved?
If you have been married to your USC spouse less than 2 years, you will receive a conditional permanent resident card which is valid only for 2 years.  You must therefore file a petition with USCIS to lift the conditions of that status using Form I-751.  This petition can be filed as early as 90 days prior to the expiration of your card.  This is mandatory.  Failure to file this petition will result in your being placed in deportation proceedings.  If your petition to lift the conditions is granted, you will receive a green card that will be good for 10 years.

When can I become a U.S. citizen?
If you are applying for citizenship based upon your marriage to a USC, you will be eligible to apply for citizenship by filing Form N-400 3 years after your conditional green card is granted.  You may apply for citizenship as early as 90 days before the expiration of the 3 years.  If your application is not based upon marriage, you must wait 5 years after receiving your green card.

Congratulations to Tiffany U. Vivo, who was just named by Indianapolis Monthly as a 2011 Indiana Super Lawyers "Rising Star."  Ms. Vivo was recognized as the only "Rising Star" in the category of immigration law.  Indianapolis Monthly identifies "Rising Stars," as the state's outstanding young lawyers in their respective fields.

Ms. Vivo is an Indianapolis-based immigration attorney with clients across the nation.  She provides family-based and other immigration law services to her clients.

In his recent State of the Union Address, President Obama called for less-than comprehensive immigration reform, citing the need for more talent in high tech and scientific fields and industries.  Mr. Obama referred to the “brain drain” by which U.S. colleges and universities train foreign students, who return home to other countries, taking their intellect and talents with them.  In short, America trains its competitors, Mr. Obama explained.

A recent report from the Brookings Institution released by its Vice President, Darrell M. West on Jan. 19, 2011, seems to support Mr. Obama’s observations and conclusions.  In the report, Mr. West states that U.S. immigration policies are in need of reforms that will allow employers greater access to workers with scientific and technological skills, which is required to empower the U.S. to compete in the global marketplace.  Mr. West’s report notes that immigrant workers have greatly contributed to the U.S. economy, particularly technical and scientific segments of the economy.  In support of that observation, the report notes that:

• More than a 25% of technology and engineering businesses launched between 1995 and 2005 were founded by a foreign-born leader.
• More than 50% of high-tech start-up companies in Silicon Valley were founded by foreign-born owners.
• About 25% of all international patents filed from the U.S. in 2006 were based on the work of foreign-born workers.
• 33% of all U.S. winners of Nobel prizes in medicine and physiology were born outside of the U.S.

The report cautions that U.S. has fallen behind in international competition.  Starting in 2009, U.S. inventors now earn fewer patents than their global counterparts.  With these cautionary signs in mind, the report makes several suggestions for immigration law reform, including these:

• Expansion of the H-1B visa program (for highly skilled workers), the O-1 visa program (the so-called “genius” program for extraordinary talent) and the EB-5 visa program for “targeted employment areas”)
• Linking visa and immigration limits to the employment and other economic needs of the U.S., as opposed to partisan politics.
• Creation of an automatic green card for foreign-born graduates of U.S. math, science, technology and engineering programs.

The report is a non-partisan look at an area of immigration policy that could be the basis of limited reform by Congress, because the report is focused on ways to improve U.S. competitiveness in global markets.  Not surprisingly, the report was released at the very moment when Congress is debating the future economic model and policy needs of the U.S. in relation to a flatter, more competitive global marketplace.