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Immigrant Visa

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

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

USCIS Updates Policy Manual on Untimely Filed Extensions and Change of Status Requests

The United States Citizenship and Immigration Services (“USCIS”) has updated its Policy Manual concerning untimely filed extensions of stay and change of status requests. Generally, certain foreign nationals who are admitted to the United States as nonimmigrants for a specific period of time may file a Form I-539, Application to

Enterline and Partners Successfully Overcomes Lengthy 221g Refusal in Manila

In late 2021, our client (Joe), a U.S. citizen married his Philippines citizen wife (Jane) through an online marriage under the laws of the State of Utah. Following the marriage, Joe filed a Form I-130 Petition for Jane. After completing the United States Citizenship and Immigration Services (“USCIS”) adjudication process

What Company Relationships are Required for an L-1A Employee?

The L-1A visa is a non-immigrant visa category for multinational companies to transfer qualified employees from a foreign company to a U.S.-based office in an executive or managerial capacity.  There are two key relationships that can exist between the foreign company and the U.S. company to qualify for an the

Lawful Permanent Residents and Other Foreign Nationals of the United States Must Always Update Their Address if They Move

In the United States, maintaining accurate and up-to-date records is crucial for individuals holding Lawful Permanent Resident status and those on nonimmigrant visas or in other status. The U.S. Citizenship and Immigration Services (“USCIS”) requires that foreign nationals promptly update their address whenever they move. Importance of Address Updates: The

USCIS Announces Inflation Adjustment to Premium Processing Fees

The United States Citizenship and Immigration Services (“USCIS”) will increase Form I-907, Request for Premium Processing filing fees. After leaving these fees unchanged for three (3) years, the charges for certain premium processing cases will increase from $1500 to $1685, $1750 to $1965, and $2500 to $2805, depending on the

DOS Extends Nonimmigrant Visa Interview Waivers Through 2024

The United States Department of State (“DOS”) has consular officers’ authority to waive in-person interviews for certain nonimmigrant visas from January 1, 2024 through December 31, 2024. The announcement, which was made on December 21, 2023 replaces the previous policy extending nonimmigrant visa waivers through December 31, 2023 and allows

White House Announces Pilot Program for H-1B Stateside Renewals

The White House has given the approval for a pilot program allowing a limited number of foreign nationals who are in the United States on H-1B nonimmigrant visas to renew their visas without having to leave the country. The United States Department of State indicated that the pilot program, RIN

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