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Monthly Archives: October 2011

Processing Time Reports issued by USCIS

The Vermont Service Center, Texas Service Center and National Benefits have issued their processing time reports as of October 19, 2011. Below is a brief summary of some of the most common types of immigration applications for family based categories:

1. K-1 / K-2 / Fiance Visa – Processing time can range from cases filed with a date in March of 2011 to as short a time as 5 months, depending on where the case was filed.

2. K-3 / K-4 / Spousal Visa – Processing time can range from cases filed with a date in March of 2011 to as short a time as 5 months, depending on where the case was filed.

3. I-130’s being filed by U.S. Citizen petitioners for their family members – Usually about 5 months if filed with Texas Service Center.

These processing reports can be obtained from www.uscis.gov directly for each service center.

Is Fleeing to Elude a Police Officer while Driving a CIMT?

In a recent decision issued by the Board of Immigration Appeals (BIA), it seems that it is more likely than not that the offense of fleeing to elude a police officer is a crime involving moral turpitude, also called CIMT. In the Decision of Matter of Ruiz-Lopez, BIA 2011, the BIA gave an extensive explanation of which driving offenses constitute a crime involving moral turpitude. The BIA explains that fleeing to elude a police officer is a crime involving moral turpitude because the Respondent knows that the police officer has asked him to stop, and in reckless disregard of the Officer’s command, the Respondent still drove in a reckless manner that could endanger his life, others and even the Officer’s life, due to the Respondent’s willful behavior to flee from the Officer.

As a result of the conviction of fleeing to elude a police officer, the Respondent was found ineligible for cancellation of removal because he had committed a crime that is listed under 212(a) of the Immigration and Nationality Act, which is a crime involving moral turpitude. The Respondent had entered the U.S. without inspection over 10 years before removal proceedings were started again him. Although he would usually be eligible for cancellation of removal due to his presence in the U.S. for over 10 years, because of his conviction noted above, the BIA held that he was not eligible for this immigration relief.

H-1B Count as of October 7, 2011

The most recent H-1B count shows that there are still large numbers of H-1B’s available to the general public. Of the 65,000 H-1B visas allowed, USCIS has now received 41,000 H-1B visas. Of the 20,000 advanced degree visas available per fiscal year, USCIS has received about 19,100 H-1B visas.

An Additional Benefit of Being a U.S. Citizen

Not too many people are aware, but under probate law in connection with wills and estates, the executor of the will assigned by the deceased person must be a U.S. citizen in many states in the U.S.

A new Memo dated October 3, 2011 issued by the Probate Court in Alabama, states that now proof of citizenship is required as well as a copy of the driver’s license. This requirement is same as the requirement in many other states.

Just a small reminder of one of the many benefits of becoming a U.S. citizen.