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
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
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
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
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
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. This
On January 5, 2022, the Department of Homeland Security (“DHS”), on behalf of the United States Citizenship and Immigration Services (“USCIS”), filed a motion to dismiss its appeal of a U.S. District Court’s ruling in the case Behring Regional Center LLC v. Alejandro N. Mayorkas, et al. (“Behring v. Alejandro”).
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 Originally enacted in 1993, the Program was a pilot, or test, program and was never made permanent.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
The COVID-19 Pandemic has in no doubt permanently altered the way business is done across many industries and professions. From international borders closures to internal movement control orders, activities and transactions which were once routine and seamless are now complex and difficult. Despite all of the hardship caused by the
Effective December 6, 2021, the United States Centers for Disease Control (“CDC”) has established new rules requiring international air travelers arriving in the United States to obtain a negative COVID-19 test within 24 hours of departure. Under the current rules, vaccinated international air travelers may present a negative test result
The priority date in U.S. immigration is a critical concept for anyone waiting for lawful permanent residency status (“Green Card”). Because Congress sets strict annual limits on the number of immigrant visas issued in most categories, demand often outstrips supply, creating significant backlogs. Your priority date effectively acts as your
If you are applying for the EB-5 Immigrant Investor Visa, one of the first questions you’ll ask is: “What is the EB-5 visa processing time?” The truth is, EB-5 processing times vary greatly depending on many factors, such as your nationality, the project you invest in, how the United States
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
If you are applying for a U.S. immigrant visa, completing the online Form DS-260 is a major step in the immigration process once the United States Citizenship and Immigration Services approves your petition. The DS-260 asks for detailed personal, family, and background information, which helps the United States Department of
When couples begin exploring U.S. immigration options, one of the first questions that often comes up is “What is a CR1 visa?” The CR1 is a U.S. immigrant spouse visa that grants conditional permanent residency (“Green Card”) to foreign spouses married to U.S. citizens for less than two (2) years.
When people think of U.S. immigration, the first thing that comes to mind oftentimes is Lawful Permanent Residence (“Green Card.”) However, the journey to permanent residency is not a one-size-fits-all road. The Green Card system can be divided into several visa categories, each with its own purpose, requirements, and process.
All immigrant visa applicants (i.e. those applying for a Green Card) are required to complete a medical exam at a designated clinic by a panel physician as part of the process. The purpose of the exam is to ensure that applicants are not carriers of any serious infectious diseases or
The United States Department of State (“DOS”) is now requiring immigrant visa applicants to apply for immigrant visas in the consular district designated for their place of residence or in their country of nationality. Effective immediately, if an immigrant visa applicant would like to transfer his or her pending immigrant
Reuniting families is one of the most meaningful aspects of the U.S. immigration system. While sponsoring a family member is a common path, the timeline can vary considerably. Having a better idea of how long does it take to sponsor a family member can help you plan ahead and avoid
Beginning July 1, 2025, Immigrant Visa and K Fiancée Visa applicants who have not brought ALL the required documents to their interview will be turned away and required to reschedule their appointment. Applicants must present original civil documents, including police certificates, marriage and divorce certificates, and birth certificates, and make
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