USCIS Extends Flexibility for Responding to Agency Requests Through March 2023

February 3, 2023

The United States Citizenship and Immigration Services (“USCIS”) is extending certain COVID-19-related flexibilities through March 23, 2023. The flexibilities, which were initially scheduled to expire on January 24, 2023 were previously extended in March and October 2022 are to assist applicants, petitioners and requestors in being allocated additional time to

USCIS Extends Green Card Validity To 48 Months For EB-5 Investors And Married Conditional Permanent Residents

February 1, 2023

The United States Citizenship and Immigration Services (“USCIS”) is extending the validity of Permanent Resident Cards (also known as “Green Cards”) for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for 48 months

The Public Charge Rule – A Summary from the American Immigration Lawyers Association

January 30, 2023

EB-5 Immigrant Investor Fees to Increase for Investors and Regional Centers

January 12, 2023

The Department of Homeland Security (“DHS”) published a Notice of Proposed Rule-Making (“NPRM”) to adjust fees for various immigration benefits provided by the United States Citizenship and Immigration Services (“USCIS”). Included in the NPRM are proposed fees for many forms used under the EB-5 Immigrant Investor Program (“EB-5 Program.”). Fees

EB-5 “Promoters” and “Migration Agents” Now Required to Register with USCIS

January 10, 2023

On January 4, 2023, the U.S. Citizenship and Immigration Services (“USCIS”) published Form I-956K, Registration for Direct and Third-Party Promoters which is now required to be completed and filed by any person or company that is acting as a direct or third-party promoter or migration agent (a “Promoter”) of: A

U.S. Center for Disease Control to Require COVID Testing for Passengers from China

December 30, 2022

The U.S. Center for Disease Control (“CDC”) has announced that it will implement a requirement for a negative COVID-19 test or documentation of recovery for air passengers boarding flights to the United States originating from the People’s Republic of China (“PRC”) and the Special Administrative Regions of Hong Kong and

USCIS Updates its Policy to Automatically Extend Green Cards for Naturalization Applicants

December 15, 2022

Effective December 12, 2022, the U.S. Citizenship and Immigration Services (“USCIS”) updated the USCIS Policy Manual to allow it to automatically extend the validity of Permanent Resident Cards (commonly called “Green Cards”) for lawful permanent residents who have applied for naturalization to become U.S. citizens. This update is expected to

David Enterline Speaks at EB-5 Seminar in Ho Chi Minh City, Vietnam in November 2022

December 12, 2022

David Enterline was again invited by American Venture Solutions Regional Center (AVS) to speak at its latest seminar in Ho Chi Minh City, Vietnam on November 20, 2022. Mr. Enterline discussed the provisions of EB-5 law as a result of the EB-5 Reform and Integrity Act of 2022 that was

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

December 5, 2022

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

November 22, 2022

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

USCIS Announces Fee Increase For Premium Processing To $1,410

September 16, 2018

USCIS announced an increase in the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, beginning on October 1, 2018. The premium processing fee will increase to $1,410. This increase will affect any L-1 and EB-1C petitions that our clients

Final Guidelines on Unlawful Presence for Students and Exchange Visitors

August 13, 2018

United States Citizenship and Immigration Services (USCIS) August 9, 2018 policy memorandum revises the calculation of unlawful presence of those under F, J, or M nonimmigrant visa status and their dependents during their stay in the United States. Under the new memorandum, those holding F, J, or M visas who

USCIS Adjudicator’s Discretion Restored in Denying Applications, Petitions and Requests without Issuing RFE’s or NOIDS.

July 22, 2018

In a new policy memorandum issued by the United States Citizenship and Immigration Services (USCIS) last July 13, 2018, USCIS adjudicators are given discretion to deny applications, petitions, or requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if the initial evidence is

How to Apply for Naturalization if your American Spouse is Stationed Abroad

June 27, 2018

Vietnamese spouses of U.S. citizens are generally eligible for green cards and eventually U.S. citizenship based on their marriage. In general, a person may only be naturalized after showing that they have resided in the United States as a green card holder for a certain prescribed period of time. However,

Changes in Immigration Policy

June 12, 2018

A series of small moves concerning the Trump Administration’s immigration policy have recently been undertaken. CNN reports the following actions made by the administration: Attorney General Jeff Sessions has issued a Decision directing the Board of Immigration Appeals (BIA) to refer cases for his review when such cases have issues

Fraud in Obtaining US Visas

April 21, 2018

Every year, hundreds of thousands of Vietnamese apply for a U.S. visa, whether it be for tourist purposes or to become an immigrant in order to live out the American dream. However, some have found the process to be too long or the risk of denial to be too great.

How Trump’s order affected green card holders

January 31, 2017

An immigration lawyer on Tuesday explained on Mornings@ANC how U.S. green card holders were affected by President Donald Trump’s executive order on immigration.

Immigrant Visa

CATEGORY

What is the DS‑260, Its Role in Consular Processing, and Why Accuracy Matters?

Reauthorization and Stability From The RIA

Is the EB-5 Immigrant Investor Visa for the U.S. a Secure Path to a Green Card?

Immigrant Visa

CATEGORY

What is the DS‑260, Its Role in Consular Processing, and Why Accuracy Matters?

CR1 Visa Guide: Eligibility, Process, and Costs Explained

Reauthorization and Stability From The RIA

Can the Intending Immigrant Help the Sponsor Meet the Income Requirements?

Is the EB-5 Immigrant Investor Visa for the U.S. a Secure Path to a Green Card?