Orlando, FL Immigration Office (USCIS) Updates regarding Marriage Green card Cases
July 20, 2010 by Lena Korial-Yonan, Esq.
On May 7, 2010, the American Immigration Lawyers Association (AILA) met with the USCIS supervisors at the local USCIS office in Orlando, Florida. Some interesting answers were provided by the USCIS officers as to how they handle certain issues regarding marriage green card cases.
Although the answers posted were provided by USCIS supervisors, these answers should only be used as general information for USCIS offices located outside the Orlando Fl area.
Birth Certificates Required in Filing Marriage Green Card Case
Birth certificates and medical exams are considered "prima facie" basic eligibility requirements that must be included in all marriage green card petitions at the time of filing. In fact, the Orlando USCIS sub-office does not even have to issue a request to the applicants before the case is denied, if the above items are missing at the time of filing.
The usual procedure is that USCIS will send a request for the missing documents and will deny the case only if the documents requested are not provided or are not timely provided to USCIS. However, as of May 2010 in the Orlando, Fl area, the USCIS is stating that they can outright deny the case and are not required to issue any request for evidence before denying the case.
Please click here to contact our Jacksonville immigration law office for more information on Jacksonville USCIS procedures.
It is important to note that a denial is not just a denial anymore. Now the USCIS local sub-offices in Jacksonville, Orlando, Tampa and Miami, Fl are issuing Notices to Appear for all denied applicants forcing these applicants into removal proceedings before an immigration Judge. The previous procedure would allow applicants 30 days within which to file an appeal. Now, however, a Notice to Appear is attached to the USCIS Decision denying the marriage green card case. The opportunity to file an appeal or file a motion to reopen can be lost in some of these situations.
The Orlando, Fl sub-office wants 4 G-325A forms, but some of the pages can be copies rather than requiring an original signature on all 4 pages.
Cases Will Remain Open for 2 Weeks after RFE Deadline has Passed
If the USCIS office in Orlando, Fl issues a request for evidence (RFE), they will keep the case open for 2 weeks after the deadline, to ensure that a denial is not prematurely sent with an allegation of failure to respond.
The above information should not be construed as legal advice and no portion of the above can be copied for any purposes. For more information, you may contact an experienced immigration lawyer to help in handling your immigration matters. Our immigration law office handles immigration cases throughout the US and in the following cities in Florida: Gainesville, St. Augustine, Jacksonville, Orange Park, Ponte Vedra Beach, Palm Coast, Orlando, Daytona Beach, Tampa, Bradenton, Fort Lauderdale, Miami, Fl and all other cities in Florida.
This article on "Orlando, FL Immigration Office (USCIS) Updates regarding Marriage Green card Cases" is written by US Immigration Law Attorney Lena Korial-Yonan, Esq. of Lena Korial-Yonan, P.A. Lena Korial-Yonan, Esq. has been practicing only US Immigration Law for almost 10 years in Jacksonville, Florida. She graduated from the University of Florida Levin College of Law located in Gainesville, Florida in 2000. She is an immigrant herself, as she came to the US when she was about 7 years from Iraq. Any comments or questions can be emailed to her at email@example.com or you may call her office directly at (904) 448-6646. Lena Korial-Yonan, Esq. accepts and handles cases from all over the US.
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Lena Korial-Yonan, P.A.
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Jacksonville, FL 32257
Phone: (904) 448-6646
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