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Immigrant Visa

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

How Does a Country Qualify for the United States Visa Waiver Program (ESTA)?

The U.S. Visa Waiver Program (“VWP”), Electronic System for Travel Authorization (“ESTA”) is a program of the United States government created to facilitate visa-free travel for eligible citizens from participating countries This program is commonly referred to as ESTA by the general public. A country qualifying for the  VWP allows

What are the Vaccination Requirements for an Immigrant Visa?

The U.S. government requires immigrant visa applicants to meet specific health standards. One component of these standards is the vaccination requirement. But what exactly does an intending immigrant need to do to meet these requirements? The Process: Medical Examination and Vaccinations The process of fulfilling the vaccination requirement is part

What is ESTA and How is it Used to Enter the United States

The Electronic System for Travel Authorization (“ESTA”) Visa Waiver Program is a program of the United States government to facilitate visa-free travel for eligible citizens from participating countries. Launched in 2009, ESTA streamlines the process for visitors entering the U.S. for purposes of pleasure, tourism, or business, provided their stay

What is the Parole-in-Place Announcement By President Biden?

On June 18, 2024, President Joe Biden announced a series of immigration actions by using an Executive Order (“EO”). The EO, formally known as Parole-in-Place, are designed to help certain undocumented aliens obtain lawful presence within the United States.  It consists of the following: Spouses and children of U.S. citizens

David Enterline speaks at IIUSA EB-5 Conference in Atlanta Georgia

Enterline and Partners Managing Partner David Enterline attended the IIUSA 14th Annual EB-5 Industry Forum in Atlanta, Georgia in May and spoke on the panel “Investor Markets Overview: New Opportunities“. IIUSA is the national membership-based EB-5 industry association for EB-5 Regional Centers and other EB-5 stakeholders and professionals. Its members

USCIS Updates Policy Manual on Family-Based Immigrant Visa Approvals

The United States Citizenship and Immigration Services (“USCIS”) has issued an updated policy guidance on Form I-130 Petition for Alien Relative (“Petition”) explaining how the agency handles family-based immigrant visa petition approvals regarding correcting approval notice errors, requests for consular processing or adjustment of status, and routing procedures for approved

What Is A U.S. Visa, Visa Stamp And Visa Foil And What Are These Used For?

In U.S. immigration matters, a visa is a document that allows a foreign national to enter the United States for a specific purpose, such as tourism, work, study, family visits (a nonimmigrant visa) or to immigrate (an immigrant visa). It is typically a stamp or sticker placed in the foreign

What is the PERM Process for U.S. Immigration Through Employment?

The U.S. labor certification process, also known as the PERM (Program Electronic Review Management) process, is a crucial step in obtaining certain employment-based immigrant visas and lawful permanent residence in the United States. Here’s an overview of the process. Obtaining a Job Offer:  Prospective applicants for a job in the

What Is An Alien Registration Number And What Is It For?

The U.S. Alien Registration Number, commonly abbreviated as an A-Number, is a unique identifier assigned to non-citizens by the United States Citizenship and Immigration Services (“USCIS”). This A-Number begins with the letter “A” followed by 8 or 9 numbers (such as A012345678).  It is used to track individuals throughout their interactions with

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