Archive for June 28th, 2010

VISA FEES TO INCREASE JULY 13, 2010

Jun 28, 2010 by No Comments

This is an update to a previous post on June 3, 2010, regarding passport and visa fee increases.  The Department of State (DOS) is in the process of developing a final rule regarding its current passport and visa fee structure.  The first proposed rule in March 2010 received over 1700 comments from individuals, businesses, advocates and attorneys.  As a result, the DOS has developed an interim rule effective July 13, 2010, that will increase various passport and visa fees while they figure out the final rule’s parameters. 

The interim rule changes the fees as follows:

1. The application fee for a U.S. passport book for an adult (age 16 and older) is increased from $55 to $70. The application fee for a passport book for a minor (under age 16) will remain at $40.   

2. The passport book security surcharge is increased from $20 to $40

3. There will be an $82 fee for adding extra pages to an existing passport (this used to be a free service)

4. The adult passport card application fee is increased from $20 to $30 and the minor passport card application fee from $10 to $15

5. The fee for verifying U.S. citizenship when no evidence is presented is increased from $60 to $150

6. The fee for a Consular Report of Birth Abroad (U.S. citizen birth in foreign country) is increased from $65 to $100

7. The application fee for a family-based visa (processed on the basis of an I-130, I-600 or I-800 petition) will be $330

8. The application fee for an employment-based visa (processed on the basis of an I-140 petition) will be $720

9. Other immigrant visa applications (including for diversity visa applicants, I-360 self- petitioners, special immigrant visa applicants, and all others) will have a processing fee of $305

10. The immigrant visa security surcharge will increase from $45 to $74

Please refer to our June 3, 2010 post for the nonimmigrant fee changes currently in effect.  Please also stay-tuned for an update on the final rule to be implemented.  In the meantime, don’t hesitate to contact our immigration law firm with any questions.

Tags: , , , , , ,
Posted in Alerts, Immigrant Visas, Nonimmigrant Visas | Read More »

How do I prove sufficient ties to my home country when applying for a nonimmigrant visa?

Jun 28, 2010 by No Comments

One of the many requirements of a nonimmigrant (temporary) visa to the U.S. is for the applicant to prove that he/she has sufficient ties to his/her home country.  The U.S. Consulate and the USCIS want to see that the applicant has reasons to return home after the expiration of the temporary stay in the U.S.  Under U.S. immigration laws, there is a presumption, although rebuttable, that all applicants for temporary visas intend to immigrate permanently to the U.S.  It is because of this presumption that sufficient ties must be shown.

There are various ways to document ties, including through property ownership (deeds, escrow documents, etc.), employment records (paystubs, letter from employer, tax returns, etc.), and family obligations (affidavits providing information about important relationships the applicant maintains abroad that require the applicant’s physical presence).  It is also helpful to submit current bills and statements showing maintenance of a foreign address, along with a lease or rental agreement with an expiration after the applicant’s U.S. stay to show he/she intends to return to that address (this is not always feasible if the nonimmigrant visa is for several years). 

There are two nonimmigrant categories where sufficient ties need not be shown: H-1B and L-1.  In these categories, an individual is allowed to have dual intent (nonimmigrant and immigrant).  The U.S. Consulate and the USCIS permit an individual to seek permanent residence from these categories, so they are not concerned with the individual’s ties abroad and intent to return home.

Please contact our immigration law office if you have any questions regarding the above or would like to discuss your eligibility for a nonimmigrant visa.

Tags: , ,
Posted in Nonimmigrant Visas | Read More »