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Immigration Daily


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Outline for ILW.COM's Seminar
"Overview Of The Immigration Process"
with Robert C. Divine
Part 2 held on July 26, 2002

For more info, or to signup online, click here.
For more info, or to signup by fax, click here.

2. Processing to Permanent Residence

  1. Preliminary Issues
    1. Substantive paths—a brief summary (;
      classifications =; discussion of each path at 9 FAM 42.20 et seq.)
    2. Choosing between immigrant visas and adjustment of status—summary
    3. Preferences and backlogs (Visa Bulletin:
    4. Validity, revocation and conversion of petitions
    5. Derivative beneficiaries—dependents
    6. Countries of Chargeability
  2. Adjustment of Status
    1. Eligibility overview (8 CFR 245.1)
    2. Where to file—local, service center, or court (note: Though usually office serving residence, per web site, for EB in “the Service Center that has jurisdiction over your intended place of employment,” vs. 8 CFR 245.2 and I-485 instructions)
    3. What to file:
      1. forms and documents
      2. timing of medicals (8 CFR 245.5;
        and support (
      3. waivers (8 CFR Part 212, particularly 212.7)
    4. Interim work and travel authorization—initial applications, extensions, special H/L rules
    5. Fingerprinting mechanics (ASCs)
    6. Interview and waiver of interview
    7. INS requests for evidence before, at or after interview
    8. Mechanics of approval—I-551 stamp, card issuance, fixing problems (G-731s)
    9. Denial and appeal in removal proceedings
    10. Rescission (8 CFR Part 246)
  3. Immigrant Visas (
    1. Standard processing
      1. Notifying INS of intent for immigrant visa processing (I-130, I-140, special note)
      2. NVC’s level of coordination and review—a moving target
      3. Completing DS-230
      4. DS-3032 agent form
      5. The new “Instructions to Immigrant Visa Applicants”—variations on a theme (9 FAM 42.63:
      6. Amassing the papers (9 FAM 42.65; police certificates: see 9 FAM 42.63 Ex. 11,
      7. Scheduling of interview
      8. Medical exams (9 FAM 42.66)
      9. Interview and visa issuance (9 FAM 42.62, 42.73) or denial (9 FAM 42.81)
      10. Use of visa to enter USA
      11. Receipt of I-551 at the correct address
    2. Special situations
      1. Dependents “following” principal (9 FAM 42.68)
      2. Application for inadmissibility waiver (see 9 FAM 40 et seq.)
      3. Picking a different consulate (9 FAM 42.61)
      4. Lottery cases
      5. Switching between adjustment and visa processing
      6. Side-stepping the NVC
      7. Adjudication of petitions by consulate (one-step) or overseas INS office
      8. Revocation of petition (9 FAM 42.43)
      9. Termination of Registration (9 FAM 42.83)

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