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Immigrant Visa

Changing Immigrant and K-1 Visa Processing Venues for LGBT Applicants

The United States Department of State (“DOS”) in coordination with the American Immigration Lawyers Association, Department of State Liaison Committee (“AILA DOS Liaison”) recently published an advisory on changing venues for immigrant and K-1 visa processing for LGBT (Lesbian Gay Bi Transgender) applicants. Since the United States Supreme Court issued

Petition and Application Filing Tips from USCIS

Are you considering filing a petition or application for a U.S. visa or immigration benefit?  These tips may help. The United States Citizenship and Immigration Services (“USCIS”) updated its website with Recommendations for Paper Filings to Avoid Scanning Delays. Published on November 16, 2022, these filing tips are very useful

Partial Investments in the EB-5 Immigrant Investor Program

The EB-5 immigrant investor regulations allow an investor to make a partial investment at the time of filing the Form I-526 and Form I-526E, Immigrant Petition by an Investor and to make the remaining investment at a later date.  This is confirmed by the United States Citizenship and Immigration Services

USCIS Extends Flexibility for Responding to Agency Requests Through January 2023

The U.S. Citizenship and Immigration Services (“USCIS”) is extending certain COVID-19-related flexibilities through January 24, 2023. The flexibilities, which have been extended multiple times, the latest in March 2022 and again in October 2022 are to assist applicants, petitioners, and requestors have more time to reply to various USCIS requests.

USCIS Extends Green Card Validity to 24 Months for Green Card Renewals

The United States Citizenship and Immigration Services (“USCIS”) announced it will automatically extend Lawful Permanent Resident (“LPR”) Form I-551 “Green Cards” from 12 months to 24 months to an LPR who files a Form I-90, Application to Replace Permanent Resident Card (“Form I-90.”).  Form I-90 is used for many purposes

What is a Priority Date in U.S. Immigration?

For most people who are immigrating to the United States there two main categories of immigrant visas: family immigration visas and employment and investment immigration visas.  These are the Immediate Relative (“IR”) category, the Family-Based Preference (“FB”) category and Employment-Based Preference (“EB”) category.  For the FB and EB categories, there

Important Information for All Vietnam Visa Applicants Beginning October 3, 2022

Beginning October 3, 2022, all Vietnamese immigrant and nonimmigrant visa applicants whose passports were issued starting July 1, 2022 must include a Vietnam government endorsement page that states the place of birth. Visa applicants who do not have an endorsement page will not be permitted to attend their visa interviews

How Long Do I Have to Wait for My EB-5 Petition to Be Approved?

Most of my clients ask me this question and there is a lot of confusion about the processing times visa waiting times. As a refresher, there is a 3-step process to obtaining lawful permanent residence in the U.S. via the EB-5 immigrant investor visa category. First, an investor files a

EB-5 Immigrant Investor Program Extension

As has become the norm, the U.S. Congress passed a short-term continuing resolution (“CR”) funding the U.S. federal government through December 20, 2019, while at the same time extending 29 other programs including the EB-5 Immigrant Investor Program. The President signed the CR shortly thereafter. Also known as the EB-5

New EB-5 Regulations Effective as of November 21, 2019

On Thursday November 21, 2019, the “EB-5 Immigrant Investor Program Modernization Rule” went into effect 120 days after the final rule was published. The final rule makes regulatory changes to the EB-5 Regional Center Program as we have written previously (Regulation change to EB-5 will increase the minimum investment to

USCIS to Increase Premium Processing Filing Fees for Forms I-129 and I-140

U.S. Citizenship and Immigration Services (USCIS) is scheduled to increase premium processing filing fees from US$1410 to US$1440. The increase, which is scheduled to take effect on December 2, 2019, reflects the full amount of inflation from the implementation of premium processing fees in June 2001 through August 2019. The

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