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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

What is the Difference Between a Visa Backlog and Retrogression?

Under U.S. immigration law there are several types of immigrant visas.  We can generally break these into family based immigrant visas and employment and investment based immigrant visas. Under the family based immigrant visas, there are two subcategories.  Immigrant visas for immediate relatives of U.S. citizens (spouses, parents and unmarried

DHS Announces Temporary Increase Of The Automatic Extension For Certain EAD Applicants

The Department of Homeland Security (“DHS”) and United States Citizenship and Immigration Services (“USCIS”) has announced a Temporary Final Rule (“TFR”) providing that the automatic extension period applicable to expiring Employment Authorization Documents (“EADs”) for renewal applicants who have filed Form I-765, Application for Employment Authorization, will be increased from

USCIS New Filing Fees Effective as of April 1, 2024

The United States Citizenship and Immigration Services (“USCIS”) new filing fees have taken effect for all files received on or after April 1, 2024. In addition to new filing fees, USCIS has also released new forms for certain petitions. While the new form edition dates begin on April 1, 2024,

Enterline and Partners Attorneys Speak at Regional Conference

Enterline and Partners U.S. immigration attorneys, Ryan Barshop and David Enterline recently spoke at the regional American Immigration Lawyers Association, Asia Pacific Chapter (“AILA APAC”) Annual Conference. The conference, which was held in Ho Chi Minh City, Vietnam, was attended by a number of U.S. immigration lawyers from around the

ASC Biometrics Scheduling Issues

Following member’s reports to the American Immigration Lawyers Association (“AILA”) that applicants have been receiving biometrics appointment notices either too late or with appointment dates that have already passed, AILA reached out to the United States Citizenship and Immigration Services (“USCIS”) to request clarification and resolution. The USCIS acknowledged the

Changes to USCIS Filing Fees – an AILA Information Flyer

In early 2024, USCIS changed the filing fees for certain immigration and naturalization forms and also released new versions of several forms. According to USCIS, the new fees will help to cover more of its operating costs and support faster processing of new applications. These updated fees and forms will

Managing Partner David Enterline speaks on East Asia Spotlight Webinar

David Enterline, Managing Partners at Enterline and Partners, and as senior associate with WTW – Taipei Commercial Law Firm, David recently participated in a “Webinar | East Asia Spotlight” organized by the Global Migration Section of the American Immigration Lawyers Association.  Joined by 3 other lawyers in the region: Hong

What is Selective Service and Who Must Register?

In the United States, the Selective Service System plays a vital role in preparedness for national emergencies by maintaining a list of potential military draftees. While mandatory military conscription has not been in effect since the Vietnam War, the requirement for men, including lawful permanent residents (“LPRs”), to register with

What is a Form I-693, Report of Medical Examination and Vaccination Record?

If you’re applying for adjustment of status (“Green Card”) from within the United States, you have to submit Form I-693, which is a medical exam and vaccination record completed by a specific doctor. Submitting this form shows that you’re eligible for a Green Card based on health reasons. Can Anyone

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