Gunnar L Armstrong Immigration Attorney

Gunnar L Armstrong Immigration Attorney I am an immigration attorney
concentrating on citizenship and visas and green cards for family members and missionaries.

10/05/2021

Recent interview at a consulate in western Europe

Dear Gunnar,

We were in the process of writing to you but the baby and work got us delayed. Thank you for writing. So Vincent got the visa! We are so excited and relieved. The interview went smoothly and the visa should be in Vincent's passport and in his hands in about a week.

We certainly owe it to your intervention and to how you helped us go through this long process, even up to the final stretch.

It's easier to say this retrospectively, but our impression is that the very good preparation made the interview more of a formality.

We arrived 45 minutes early. We were both granted entry into the embassy but not until 15 minutes before the scheduled interview time. Once we made it to the first window we talked to a (local) officer who took fingerprints, asked some questions (confirmation of address, parents names, etc.), and compared some original documents (police and birth certificates, marriage license, etc.) with what they had in their database. He tried to find the evidence of assets but couldn't find them; Vincent then handed him the paper copies.

About an hour later, we were called by the Consular officer for the interview.
He said they appreciated my coming but as a formality the interview would only be with Vincent.

As Vincent reports: The officer asked questions on how we met, when and where we got married (he asked this 2 times once at the beginning and once at the very end), when the baby was born, what Cheryl was doing/occupation in the US, asked for confirmation that she had been unemployed while in [country], where we would live in the US, what our plans would be, what type of work Vincent's brother had, whether I (Vincent) intended to work in the same company, whether we traveled back and forth at the beginning of our relationship, etc.

At the end the officer asked Vincent to (re)-upload my 2019 W2-form so that they can approve the case but a bit later he said that they would upload it themselves (since they had the paper copy that Vincent brought).

He then congratulated Vincent.

After we left, Vincent got an email message from the Embassy asking him to come back because the officer forgot to have him sign a paper.
This paper is a memorandum on the Conditional Permanent Resident status.

It reads that if we enter the US before having celebrated the second anniversary of our marriage, Vincent will be granted a Conditional Permanent Resident status.
The (local) agent who handed Vincent the paper told him that he could not sign and come back later with new medical results if we wanted to enter later.
Anyway, Vincent decided to sign. So we must enter at the latest 10 days prior to our second wedding anniversary.

Thank you for all of your work; it would have been a much more complicated and stressful process without you.
We may have a last question or two about the last and final step, but will email when we do.

In appreciation,

*******************

I hope this is interesting and helpful. Remember that this is not legal advice. It is just a summary of certain aspects of immigration law which may or may not apply to your situation. I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong

09/28/2021

Important Change to the Visa Waiver Program/Esta

As many of you know, citizens of certain countries can enter the US without a visa. For the most part, they are citizens of European countries and countries such as Japan, South Korea and Singapore. The idea is that these are countries from which only a small number of people stay in the US illegally. The citizens of these countries are rewarded by being able to come for 90 days without a visa. Countries where a high percentage of people try to stay in the US are not allowed to participate in the Visa Waiver program.

However, there is growing concern that terrorists, like the ones in France, might use the Visa Waiver program to enter the US. Therefore, a recent bill a few years ago added new restrictions. People who are from Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen will not be allowed to use the Visa Waiver program, even if they are also a citizen of one of the Visa Wavier countries.

More significantly, if a person even visits one of those countries, then that person will not be allowed to use the Visa Waiver program. That person may still be able to enter the US, but they will be required to get a visa.

The reason I am bringing this up is that you or your spouse could be a person who often enters the US on the visa waiver program, but you believe G*d is calling you to visit one of those countries. You or your spouse will still be able to apply for a visa to come to the US, but you will not be able to continue to come on the Visa Waiver program. This means that it could take longer and be more difficult to enter the United States after taking a trip to one of those countries.

I hope that all makes sense. It gets complicated. Remember, it is not stating that people will be forbidden to enter the US. It just means that it will not be as simple for some people.

This change happened in 2019, but I believe that it is still in effect. I can no longer say that for sure with all the changes going on, but you need to be aware of the possibility.

I hope this is interesting and helpful. Remember that this is not legal advice. It is just a summary of certain aspects of immigration law which may or may not apply to your situation. I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong

09/24/2021

Applying for Citizenship – Maintaining Residence for Naturalization Purposes --- See My New Posting on my Blog --- www.visasfortheharvest.com

09/21/2021

Here is a report from a recent adjustment interview.

Gunnar!!! The appointment went so smoothly. Our immigration officer was super nice. No hassle or problem with anything.

She said it was very good to get all the extra pics, printouts of savings account info, bills for health insurance, and everything else we got you told us to print out or reprint out.

Was very easy process. Was a good thing we didn’t bring [our baby]. She said we could have brought him but it’s better not to for no distraction for any of us. With all the COVID stuff going on we just had to wear a mask. Really nothing crazy other than that. They started the appointment a little after scheduled. We got home and immediately logged onto the website to check the case order like immigration officer [. . .] told us to. It already said approved even though she said it may take a bit. She said that the green card should come in the mail in 2 to 4 weeks. Also she got us another printout which she said you and us may need to go over.

Thank you for your prayers!

Thank you, J-sus for the easy interview and all of Gunnar’s help and work he’s done for us. Please bless Gunnar and allow him to be successful all his days!! Amen!

************

That clearly went well. I appreciated the prayer at the end!!

I hope this is interesting and helpful. Remember that this is not legal advice. It is just a summary of certain aspects of immigration law which may or may not apply to your situation. I encourage you to consult an attorney if you think any of this may apply to your situation.

09/20/2021

Applying for Citizenship – Residence Requirements for Citizenship --- See My New Posting on my Blog --- www.visasfortheharvest.com

09/16/2021

IMPORTANT UPDATE --- COVID Immunization Required for Immigrants

The USCIS just announced that, starting October 1, 2021, all immigrants must be vaccinated for COVID 19. If that requires two shots, it may cause delay in completing the medical examination. This only applies to medical examinations completed on or after October 1, 2021. Religious Exemptions are allowed, but these are difficult and expensive to obtain. You will need to file an official request on a form with a $930 filing fee, and you will need to prove that you are opposed to all vaccines, not just the COVID 19 vaccination.

I hope this is interesting and helpful. Remember that this is not legal advice. It is just a summary of certain aspects of immigration law which may or may not apply to your situation. I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong

09/14/2021

Selective Service Registration

All male U.S. citizens and lawful permanent residents (green card holders) are required to register for the draft between the date they turn 18 and the date that they turn 26. This also applies to everyone (male) who is here illegally during that time period. This does NOT apply to anyone here in the US on a non-immigrant visa --- such as tourist or visitor or student or employment visas.

If you were supposed to register and you knowingly and willfully did not register for the draft during that time period, you could have trouble getting citizenship and there are also certain benefits that could be impacted. If you did not know about your responsibility, they are supposed to forgive your failure to register, but they do not always do that.

I hope this is interesting and helpful. Remember that this is not legal advice. It is just a summary of certain aspects of immigration law which may or may not apply to your situation. I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong

09/07/2021

Here is a report from a recent citizenship interview.

Hey Gunnar!

My interview went well! 😀👍

It was fast! I was in and out within about 40 minutes, that included the 15 mins you were allowed to go in prior to your appointment, it also included walking to and from the parking lot, going through security, everything! Once I went through security, I used the restroom and then went and sat down in the waiting area, I wasn't even there 3 seconds and they called my name!

I passed the exam!! Woohoo...I've been studying a lot 😁 They said I had to get 6 out of 10 right, and since I answered the first 6 correct, he didn't even ask anymore after that!

He said I passed everything and that I would be recommended for citizenship, and will receive my letter/notification of the swearing in ceremony within 30-60 days.

Thank you again for all your help! I have really appreciated how informed you always are of the current laws etc. It has been wonderful that you have always been easy to get ahold of whenever I needed to reach you, your professionalism is top notch, and you're very personable! 👌👌👌

I will keep you posted of my swearing in ceremony, although you may get notification of that as well.

Thanks again!

******************

There is an interesting sidelight to this situation. This applicant had received her green card as a r-ligious worker. I tell my r-ligious worker clients that they should stay at the job for at least a year and preferably two years --- and even longer if possible after they get their green cards. It is not strictly required, but it is wise. After all, they were given their green card because they said that they wanted to work for the r-ligious petitioner. It could look like they may have been lying if they leave the r-ligious petitioner right away and go do something else.

However, this was a case where that happened. Life happens; things change, and shortly after getting her r-ligious green card, she felt it was time to stop being a m-ssionary and do regular work. I was concerned about this being a problem but we went ahead and filed and at the interview my client was prepared to give documentation explaining how things changed and why she had felt it was time to leave the r-ligious petitioner/employer. even though it was shortly after getting the green card. However, the interviewer never even asked about it; and, of course, as instructed by me, the client did not bring it up if the officer did not ask about it. I will still give the same advice to my clients, but I was encouraged to see that, at least this one time, it was not a problem.

I hope this is interesting and helpful. Remember that this is not legal advice. It is just a summary of certain aspects of immigration law which may or may not apply to your situation. I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong

08/31/2021

What is the Visa Waiver Program/Esta?

Most people, if they want to come to the US temporarily, need a visa. They have to pay the visa application fee, go on-line and fill out an extensive visa application, schedule an appointment at the consulate, bring relevant supporting evidence regarding their reason for coming to the US and, often, their ties to their home country, and then hope that they get approved for the visa. If they do get approved for the visa, they still have to go through border processing where they border guards have the full authority to refuse them entry if the border guard believes that they are entering for the wrong purpose --- for example, if they want to work while here on a tourist visa.

Canadians have it quite a bit easier. They do not have to apply for a visa for a temporary visit, they just come up to the border and bring the evidence to show why they qualify to be admitted. The lack of a visa requirement is partly because Canada and the US have had a close relationship for many years, and there is a lot of business that goes on between the US and Canada. But also because Canada has always had a good economy, and very few people come from Canada to the US with the intent to stay permanently.

However, there are a number of countries around the world who also have good economies, who have close economic ties with the US, and whose citizens rarely overstay their visas to the US. These are countries like those found in Europe, Japan, South Korea, Singapore, Taiwan and Australia. For these countries, the US has developed the Visa Waiver program. The Visa Waiver program allows certain citizens of these countries to visit the US without a visa if they are coming as B visitors. People from those countries who wish to come under other visa categories will still need to get a visa.

Most visits to the US (whether as tourists or for business purposes) are done under the B visitor category. Remember, the B category allows persons to visit if they want to tour or visit friends or family or volunteer or for business purposes, but they are not allowed to work in the US. Also, they must have significant ties to their home country, and a residence outside of the US which they do not intend to abandon. Because there are some many people from these countries who come to the US in B status, having the Visa Waiver program frees up time at the consulates for other types of visas, and it makes it easier for the free flow of information, business, and, of course, tourists bringing money to spend.

The Visa Waiver program is pretty straightforward. You need to go to the ESTA (Electronic System for Travel Authorization) website, https://esta.cbp.dhs.gov/esta/esta.html, and complete the on-line application and pay the small fee (currently $14). If you are approved by ESTA, then you may use that ESTA approval to travel to the US for up to two years (or the expiration of your passport if that is less than two years). You do not need a visa, you can just get on the plane and come to the US. You still need to be prepared for questions about your intent in coming to the US --- they are looking for people who might want to work in the US or who might intend on staying in the US, or who have other improper intents --- but, in general, since you are from a Visa Waiver country, they expect that you are coming for a proper purpose and intend to abide by the terms of the B visitor category. They generally do not give a lot of hassle to people who are coming on the Visa Waiver program, but if they think that you are not going to abide by the rules, they will forbid you entrance to the US.

There are a few things to remember about the Visa Waiver program. First off, to use it, you need to have an e-passport. That is a passport with an electronic chip in it. Most visa waiver countries have transitioned to an e-passport, but if your passport is older, it might not be an e-passport.

Also, a person who comes on Visa Waiver is more restricted than a person who comes on a B visa or who comes from Canada. If you enter under the Visa Waiver program, you are given 90 days. You cannot be given more than 90 days, and you must leave within those 90 days. You cannot extend your stay here in the US past 90 days. You are free to leave for a day or two and then return to the US under the Visa Waiver program for another 90 days, but, of course, there is no guarantee that they will let you back in. And, if you do that too often, they will be suspicious, and will probably not let you back in.

If they deny you entry even one time, you are no longer allowed to use the Visa Waiver program to come to the US. Even if you feel that they improperly refused to allow you to enter, you will never again be allowed to come under the Visa Waiver program. You can always go and apply for a B visa and, if you get one, come back, but you will not be allowed back under Visa Waiver. Of course, if they do deny you entrance under the Visa Waiver program, it might be difficult to get a B visa for a number of years, but, eventually, you will probably be able to get a B visa to return to the US.

Another limitation is that a person who enters on Visa Waiver cannot change his non-immigrant status. In other words, you cannot enter in B status and then change to F status or to R status or any other status. The only changes you can make are to get married to a US citizen and file for a green card based on your marriage to the US citizen. However, as I have pointed out before, you are not allowed to enter the US with the intent to file for a green card.

An important point to also know about Visa Waiver is that when you sign up for Visa Waiver, you waive (give up) your rights to defend yourself against deportation. If they decide that you have violated your status and want to deport you, they can, and you don’t have any right to contest that in court. This is not likely to happen often, but it does happen.

The Visa Waiver program is very useful for people from certain countries who want to come for a short trip to the US. It won’t work for everybody, but for most people who are citizens of the Visa Waiver countries, it opens up a quick, easy way to come and visit.

I hope this is interesting and helpful. Remember that this is not legal advice. It is just a summary of certain aspects of immigration law which may or may not apply to your situation. I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong

Address

757 Appleton Road
Elkton, MD
21921

Telephone

+14434856677

Website

Alerts

Be the first to know and let us send you an email when Gunnar L Armstrong Immigration Attorney posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Practice

Send a message to Gunnar L Armstrong Immigration Attorney:

Shortcuts

Share

Category