In rare bit of positive news from the U.S. Citizenship and Immigration Service (USCIS), the agency has announced plans to maintain operations in seven international field offices in Beijing and Guangzhou, China; Nairobi, Kenya; New Delhi, India; Guatemala City, Guatemala; Mexico City, Mexico; and San Salvador, El Salvador. This is
All U.S. visa applicants applying for a non-immigrant visa are required to demonstrate to the consular officer’s individual satisfaction that they are eligible. Since outside documentation such as bank statements, property title deeds, vehicle registration, letters of recommendation, invitation letters, are normally not reviewed by the consular officer unless specifically requested,
I am often asked by my EB-5 clients “Can I receive back my investment after filing the Form I-829 Petition, or do I have to wait until my I-829 Petition is approved?” If investors submit and seek approval of their I-829 Petition, then under current law and policy they should
In exceptional circumstances, a U.S. citizen who is living abroad with his or her foreign spouse and would like to bring his or her foreign spouse to the United States on an immigrant visa may be able to avail of expedited processing. Exceptional circumstances may include the following: Military emergencies.
On June 27, 2019, the Office of Management and Budget completed review of the EB-5 Immigrant Investor Program Modernization final regulation. The most significant proposed change for intending EB-5 investors is an increase of the minimum investment amount in a Targeted Employment Area from the current minimum investment of US$500,000
Beginning July 1, USCIS will no longer accept Form I-407, Record of Abandonment of Lawful Permanent Resident Status at international field offices by mail or in person. Individuals who wish to voluntarily record abandonment of their lawful permanent resident (LPR) status must submit Form I-407 via mail to: USCIS Eastern
American visa validity depends on a person’s nationality. For example, Vietnamese citizens are given a maximum of a one-year multiple-entry visa. Other neighboring countries such as the Philippines and Thailand are eligible for a maximum of 10 years multiple-entry visas while Cambodian citizens receive up to three-months double entry validity.
On April 8, 2019, USCIS Director L. Francis Cissna sent a letter to Senator Grassley (R-IA) and Senator Leahy (D-VT) regarding the EB-5 Immigrant Investor Program Modernization Rule (RIN 1615-AC07). Among other things, Director Cissna indicated in the letter that “DHS is dedicated to ensuring expeditious implementation of the rule,
A common question asked by potential clients is do you need an immigration lawyer to file a K-1 visa for your Vietnamese fiance? The short answer is no, you do not need a lawyer. However, having a lawyer represent you and your fiance through the process has advantages. An immigration
One key requirement to qualify for the K-1 non-immigrant visa for when a United States Citizen, the petitioner, wants to sponsor a foreign partner to immigrate to the U.S., is that the citizen and foreign spouse must physically meet within 2 years prior to filing the I-129 Petition with the
EB-5 investors and projects continue to contend with lengthy delays in the processing of I-526 Petitions. Average processing times have steadily increased over the past few years, in stark contrast to United States Citizenship and Immigration Services (“USCIS”) new Investor Program Office (“IPO”) statements that it would reverse the trend
United States Citizenship and Immigration Services (“USCIS”) is scheduled to resume Form I-907 Request for Premium Processing Service for Form I-129 Petition for a Nonimmigrant Worker and Form I-140 Petition for Alien Workers in phases throughout the month of June. Premium processing was temporarily suspended on March 20th due to
United States Citizenship and Immigration Services (“USCIS”) is scheduled to resume non-emergency in-person services on June 4th. On March 18, USCIS suspended routine in-person services at its field offices, asylum offices, and application support centers in response to the COVID-19 pandemic. As USCIS services recommence, offices will reduce the number
Individuals in the United States admitted under the Visa Waiver Program (“VWP”) are not allowed to file for an extension of status; moreover, the maximum period of admission is three months. However, those admitted under the VWP who are unable to depart before their approved period of admission because of
New legislation has been introduced in the United States Senate to grant unused immigrant visas to foreign healthcare professionals to help fight the coronavirus. The Senate bill would authorize up to 25,000 immigrant visas for foreign nurses and up to 15,000 for foreign doctors. The legislation would also allow the
The United States Citizenship and Immigration Services (“USCIS”) has announced that in-person services at its offices will reopen as early as June 4th in compliance with local and state orders. In-person services at USCIS include field offices, asylum offices, and application support centers. During this extended closure period, USCIS will
The United States Immigration and Citizenship Services (“USCIS”) has published its quarterly performance data for Form I-526, Immigrant Petition by Alien Investor and Form I-829, Petition by Entrepreneurs to Remove Conditions on Permanent Resident Status. The number of I-526 petition filings are not much of a surprise and the painfully
Citizens of many countries qualify for the U.S. Visa Waiver Program (“VWP”) which allows for visa-free entry upon approval of an Electronic System for Travel Authorization (“ESTA”). The maximum period of stay allowed for a VWP individual is 90 days. For foreigners in the U.S. under the Visa Waiver Program
United States Citizenship and Immigration Services (“USCIS”) recently announced it would change the way it will processes I-526 Petitions (“petitions”) for EB-5 investors. Called a Visa Availability Approach, (“VAA”) this process will apply to all petitions filed after March 31, 2020. During a March 13, 2020 public stakeholders meeting, USCIS
Are you a lawful permanent resident (“LPR”) of the United States and want to become a U.S. citizen? If you have been a resident for at least 5 years, or 3 years if you obtained your LPR status through marriage to a U.S. citizen, then you may be eligible for
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