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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

David Enterline attends EB-5 IIUSA events and receives certificate

Enterline and Partners Consulting Managing Partner David Enterline recently attended the Invest in the USA (“IIUSA”) EB-5 association Global Passport Series in Ho Chi Minh City, Vietnam and Taipei, Taiwan. 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 Removes Biometrics Requirement for EB-5 Investors on Form I-526E Petitioners

The United States Citizenship and Immigration Services (“USCIS”) has removed the biometrics $85 biometrics fee requirement for petitioners filing Form I-526E, Immigrant Petition by Regional Center Investor.  Petitioners no longer need to submit the fee for biometrics services with their Form I-526E. The USCIS has determined that universal biometrics collection

U.S. CDC Rescinds COVID-19 Testing for Passengers from China

The U.S. Center for Disease Control (“CDC”) has rescinded a policy that air passengers boarding flights to the United States originating from the People’s Republic of China (“PRC”) and the Special Administrative Regions of Hong Kong and Macau have a negative COVID-19 test or documentation of recovery. The policy, which

USCIS Flexibility For Responding to Agency Requests Will Expire on March 23, 2023

The United States Citizenship and Immigration Services (“USCIS”) COVID-19 related flexibilities will expire on March 23, 2023. The USCIS, which has extended COVID-19 related flexibilities multiple times including March 2022, October 2022 and January 2023 are not expected to be further extended. The extensions have been in place to assist

USCIS Announces Additional Mail Delivery Process for Receiving ADIT Stamp

The United States Citizenship and Immigration Services (“USCIS”) has announced that lawful permanent residents may receive temporary evidence of their lawful permanent resident status by mail rather than having to physically visit a field office to receive an Alien Documentation, Identification and Telecommunication (“ADIT”) stamp (also known as an I-551

The Visa Waiting Time for the Family-Based First Preference Immigrant Visa Category

Family-based immigration is an important aspect of the United States immigration system, which allows citizens and lawful permanent residents to sponsor their close relatives. One of the family-based immigrant visa categories is the first preference category, which is for unmarried adult children (21 years or older) of U.S. citizens; often

A Poem for EB-5

U.S.-oriented, the goal of investment immigration EB-5 program is a choice of individuals, an opportunity to create a life of freedom Entrepreneurial development in this land, stepping towards success Infinite possibilities, the beauty of the future gradually unveiled An investment in exchange for a visa, achieving a win-win outcome A

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