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Immigrant Visa

What is Domicile and How Does it Relate to the Affidavit of Support?

We have previously written about the Form I-864 Affidavit of Support, the contract between a Petitioner or “Sponsor” and the U.S. Government showing that the Sponsor has enough income or assets to financially provide for the Sponsor’s household family members and the intending immigrant(s).   The Affidavit of Support legally binds

USCIS Publishes Two New Forms for the EB-5 Regional Center Program

As anticipated, the United States Citizenship and Immigration Services (“USCIS”) has just released two new forms for use in the EB-5 Regional Center Program following the enactment of the EB-5 Reform and Integrity Act of 2022 (“Act”); the Form I-956, Application for Regional Center Designation, and I-956H, Bona Fides of Persons

U.S. Consulate in Ho Chi Minh City Announces New Policy for Immigrant Visa Applicants

The U.S. Consulate in Ho Chi Minh City (“Consulate”) has announced that immigrant visa applicants with scheduled appointments beginning in June 2022 must bring ALL required documents to their interview or will be TURNED AWAY and be asked to reschedule their interview appointments. In addition to physically bringing required documentation

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

Vietnam is open for business!  “It is great to be back.  Ho Chi Minh City seems back to its normal self; full of energy and excitement and opportunity for Vietnamese” says David Enterline, Esq., of Enterline and Partners Consulting, who returned after almost two years of COVID induced absence to

Enterline Obtains another Approval to Expedite Investor’s I-526 Petition

Enterline and Partners Consulting Managing Partner David Enterline has obtained another approval from the United States Citizenship and Immigration Services Investor Program Office (“USCIS IPO”) to expedite the review of his investor’s I-526 Immigrant Petition by Alien Entrepreneur (“I-526 Petition”).  An approval of a request to expedite the review of

David Enterline Receives I-829 Approval Award From IIUSA

David Enterline of Enterline and Partners was recognized by IIUSA as having obtained I-829 approvals for his EB-5 immigrant investor clients in 2020 and 2021.  David will be recognized along with a select group of EB-5 Regional Centers and experienced EB-5 attorneys successfully assisting their investors and clients. The award

What is Extreme Hardship in a Waiver Application?

One way immigrant visa applicants may be eligible for a waiver of a refused immigrant visa is to file a Form I-601 Waiver of Inadmissibility through the U.S. Citizenship and Immigration Services (“USCIS”) and  demonstrate that they have a qualifying U.S. relative (spouse or child) and who would suffer “extreme

USCIS Posts Notices Regarding the EB-5 Regional Center Program Petition Processing

The United States Citizenship and Immigration Services (“USCIS”) has posted several alerts on its EB-5 Immigrant Investor Program webpage updating the public on the status of Form I-526 and Form I-829 Petitions.  The alerts read: “Alert: We will continue to adjudicate Form I-829, Petition by Investor to Remove Conditions on Permanent Resident

USCIS Publishes New Guidance on Scope of Evidence in Cases of Extraordinary Ability

The U.S. Citizenship and Immigration Services (“USCIS”) has updated its Policy Manual to provide guidance on the type of “published material” that persons applying for an Employment Based First Preference Immigrant Visa category (“EB-1”) can present as evidence when applying for the visa category. Persons with “extraordinary ability in the

Waivers for Immigrant Visa Applicants Refused for Criminal History

Immigrant visa applicants who have a criminal history often face significant obstacles in being able to immigrate to the United States.  Immigrant visa applicants who have been found guilty of a “Crime Involving Moral Turpitude” (“CMIT”) are ineligible to immigrate to the United States and obtain a “green card”. Even

EB-5 Reform and Integrity Act of 2022

The EB-5 Reform and Integrity Act of 2022 (“Act”) was passed by Congress and signed by President Biden on March 15, 2022.  Most of the provisions of the Act will become effective 60 days from enactment, which will be the middle of May 2022.  The Act includes many changes to

What is the Doctrine of Consular Nonreviewability?

The doctrine of consular nonreviewability refers to visa decisions decided by consular officers at U.S. Embassies and Consulates cannot be appealed to courts within the United States. The doctrine applies very broadly to decisions made by consular officers whether they apply to foreign nationals who have been refused an immigrant

No Changes to EB-5 Category in the March 2022 Visa Bulletin

The Department of State (“DOS”) March 2022 visa bulletin continues to show EB-5 regional center visa categories (I5 and R5) unavailable (U) because the EB-5 regional center program remains expired. Read more: the regional center program (“Program”) having lapsed on June 30, 2021. Visas in non-regional center visa categories (C5

Vietnamese Names Listed Incorrectly on U.S. Visas and Green Cards

There has always been a challenge with some U.S. government offices incorrectly listing Vietnamese citizen’s names on government documents such as visas and Form I-551 “Green Cards” because Vietnamese passports list names in order of last name (or “family name” or “surname”) followed by middle name then first name.  Moreover,

Status of the EB-5 Regional Center Program in January 2022

Six months have passed since the EB-5 Regional Center Program (“Program”) expired and Congress has still not taken any steps towards its renewal.  Originally enacted in 1993, the Program was a pilot, or test, program and was never made permanent.    The Program had been extended on a regular basis for

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