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Immigrant Visa

Chinese and Indian EB-5 Investor Priority Dates Retrogress on the October Visa Bulletin; Vietnamese Remains Current

September 30, 2022

The U.S. Department of State (“DOS”) has published the October 2022 Visa Bulletin and the “Final Action Date” Priority Dates for Chinese and Indian EB-5 investors under the “5th Unreserved” visa category has retrogressed (moved backward in time). What is the Priority Date? Following the return of the Regional Center

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

September 28, 2022

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

September 15, 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

Enterline files Form I-526E and Enters the New Era of the EB-5 Immigrant Investor Program

September 13, 2022

September 8, 2022 began a new era for Enterline and Partners in the EB-5 immigrant Investor Program as Managing Partner David Enterline filed a Form I-526E “Immigrant Petition by Regional Center Investor” for an EB-5 immigrant investor seeking lawful permanent residence under the EB-5 immigrant visa category. The investor, a

Settlement Agreement Confirms EB-5 Regional Center Program and Investors Can Move Forward

August 31, 2022

On August 25, 2022 a settlement was reached in two cases between multiple plaintiffs against the United States Citizenship and Immigration Services (“USCIS”) that re-authorized previously approved regional centers which USCIS had deauthorized following the enactment of the EB-5 Reform and Integrity Act in March 2022. The settlement agrees to

USCIS Makes COVID Policy on Copies of Signatures Permanent

August 25, 2022

On March 20, 2020, at the beginning of the COVID-19 pandemic, the United States Citizenship and Immigration Services (“USCIS”) implemented temporary changes, announcing that it would accept all benefit forms and documents with reproduced original signatures for submissions starting March 21, 2020. Up to that time, USCIS accepted many petitions,

USCIS Alert Regarding Fee Payments for Concurrent EB-5 Forms I-526 Petition and I-485 Applications

August 8, 2022

The USCIS has posted an Alert regarding fee payments for concurrent EB-5 Form I-526 Petition and Form I-485 Adjustment of Status Applications on the United States Citizenship and Immigration Services (“USCIS”), EB-5 Immigrant Investor Program webpage. “ALERT: Beginning Sept. 1, 2022, we will no longer accept a single, combined fee payment

USCIS Extends Flexibility for Responding to Agency Requests Into October 2022

July 27, 2022

The U.S. Citizenship and Immigration Services (“USCIS”) is extending certain COVID-19-related flexibilities to respond to agency requests through October 23, 2022. The flexibility, which has been previously extended applies if the issuance date listed on the request, notice or decision was issued between March 1, 2020, and October 23, 2022,

USCIS Releases New Forms for Immigrant Investor Program

July 15, 2022

The United States Citizenship and Immigration Service (“USCIS”) announced new Forms I-526 and I-526E to be used by EB-5 immigrant investors seeking permanent residence via the EB-5. Form I-526, Immigrant Petition by Alien Entrepreneur is to be used by standalone immigrant investors who are not seeking to pool their investment

U.S. Citizens Overseas No Longer Allowed to Enter the United States on Expired Passports

July 11, 2022

Effective immediately, U.S. citizens abroad will no longer be able to travel to the United States on expired passports. Previously, the United States Customs and Border Protection Agency (“CBP”) allowed U.S. citizens to enter the United States on expired passports and CBP extended policy through March 2022. U.S. citizens abroad

Writ of Mandamus for EB-5 immigrant investors update

February 2, 2021

In June we wrote about the option of filing a Writ of Mandamus for EB-5 investors whose I-526 Petitions have been pending for a long time without a decision. In August 2020, Enterline and Partners assisted one of its clients to file a Writ of Mandamus for an EB-5 immigrant

Interest in the EB 5 visa returning with 75 investors from July through September 2020

January 26, 2021

Following the increase to the minimum investment in a targeted employment area, from US$500,000 to US$900,000 in November 2019 [see here, here and here], interest in the EB-5 immigrant investor visa significantly dropped in early 2020. Data from the United States Citizenship and Immigration Services (“USCIS”) on quarterly filings indicated

USCIS to Replace Sticker That Extends Validity of Green Cards

January 25, 2021

Starting in January 2021, the United States Citizenship and Immigration Services (“USCIS”) will replace the sticker that is currently issued to lawful permanent residents (“LPRs”) to extend the validity of their Form I-551, Permanent Resident Card (“Green Card”). The new document will be a revised Form I-797, Notice of Action

What is a Transportation Letter or Boarding Foil?

January 15, 2021

We have previously written about what lawful permanent residents can do if their Form I-551 “Green Card” has been lost, stolen, or destroyed and they are outside of the United States. In these articles, we have mentioned obtaining a travel letter or ‘Boarding Foil,” so they may return to the

Trump Extends Restrictions on Immigrant and Nonimmigrant Visa Applicants Through March

January 7, 2021

United States President Donald Trump has extended an earlier Presidential Proclamation restricting certain immigrant and nonimmigrant visa categories from consular processing in response to the growing COVID-19 pandemic. The Executive Order (“EO”), which was first issued in April 2020, restricted certain immigrant visa applicants from receiving their visas for at

What do I need to show to reenter the U.S. after being outside for a long time because of COVID-19?

December 23, 2020

We have covered several issues in our series on how to protect your lawful permanent resident status and green card if you have been outside the United States and have been unable to return because of COVID-19. COVID-19 Reference Guide If you are able to reenter within 1 year of

What is an I-131A visa and will it allow me to reenter the United States?

December 21, 2020

An I-131A visa is for lawful permanent residents (“LPR”) whose Form I-551 “green card” was lost, stolen or destroyed while traveling outside the United States, or whose green card has expired, and who have been outside the U.S. for less than one year. Such LPRs can apply at a U.S.

The November 2020 Visa Bulletin Priority Date shows slight movement forward for Vietnamese EB-5 immigrant investors

December 2, 2020

The “Final Action Date” priority date for Vietnamese EB-5 investors moved forward slightly in the Department of State November 2020 visa bulletin from August 15, 2017 to September 1, 2017. The priority date indicates that any investors who filed their I-526 Petitions on or before September 1, 2017 now have

Persons from Hong Kong Not Yet Subject to China Visa Allocation

December 2, 2020

At a recent IIUSA EB-5 Forum, Charles Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State (“DOS”) – the man who decides the DOS Visa Bulletin every month – responded to a question regarding visa allocation for persons from Hong Kong. The question

Department of State Announces Plans to Resume Routine Visa Services

November 17, 2020

The United States Department of State (“DOS”) has announced that routine visa processing at Embassies and Consulates will resume on a post-by-post basis consistent with DOS’s guidance for safely returning to the full services. As on the ground conditions improve, DOS will begin providing services leading to the eventual full

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Immigrant Visa

CATEGORY

Supreme Court Hands the Trump Administration a Partial Victory in Ongoing Birthright Citizenship Litigation

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Immigrant Visa

CATEGORY

Supreme Court Hands the Trump Administration a Partial Victory in Ongoing Birthright Citizenship Litigation

When Do Sponsor Obligations End Under Form I-864?

F, M and J Student Visa Interviews to Resume with Enhanced Social Media Vetting

United States Announces New Visa Policies Targeting Chinese Nationals

U.S. Consulate in Hong Kong Announces New Policy for Immigrant Visa Applicants