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 Originally enacted in 1993, the Program was a pilot, or test, program and was never made permanent.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
As the COVID-19 pandemic continues to ease, the United States Department of State (“DOS”) has announced that the earlier tiered approach aimed at reducing backlogs has been rescinded. Instead of the tiered approach, DOS will focus on reducing wait times for all consular processing services while also protecting the health
The Department of State (“DOS”) December 2021 visa bulletin is out and the priority date for non-regional center investments made by EB-5 investors under the EB-5 visa category is current for all countries including China. This is the first time that EB-5 visa numbers have been “current” for Chinese investors
Ryan Barshop, a partner of Enterline and Partners Consulting was recently featured in the October 2021 E-Bulletin of the American Immigration Lawyers Association Global Migration Section (“AILA GMS”). Mr. Barshop, who has been practicing U.S. immigration law overseas for nearly 10 years, was interviewed by AILA GMS about why he
On Saturday, October 30, 2021, David Enterline of Enterline and Partners Consulting discussed recent changes to the EB-5 immigrant investor visa category (“EB-5”) during an EB-5 webinar organized by Internegra Immigration and Pearl Bay Consulting for Indonesian and Vietnamese investors. Mr. Enterline explained that in June 2021, in the case
All immigrants to the U.S. must pass a medical examination prior to their visa interview. One of the criteria determined at the medical examination is whether the intending immigrant has received vaccinations required to be eligible to immigrate. Beginning October 1, 2021, most immigrants will be required to receive a
The United States Immigration and Citizenship Services (“USCIS”) has posted another Alert regarding the EB-5 immigrant investor visa. We post the complete Alert here for convenience. “On June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the EB-5 Immigrant
One day after announcing its policy on handling EB-5 immigrant investor petitions and applications, the United States Citizenship and Immigration Services (“USCIS”) has reversed its decision on accepting Form I-485, Application to Register Permanent Residence or Adjust Status (“Form I-485”). The updated “Alert” with this change has been posted on
The United States Citizenship and Immigration Services (“USCIS”) has posted an “Alert” on its “Approved EB-5 Immigrant Investor Regional Centers webpage”. The Alert explains how the USCIS will handle relevant petitions and applications following the sunset of the Immigrant Investor “Regional Center” Program (the “Program”). We emphasis herein guidance related
The EB-5 Immigrant Investor “Regional Center” Program (“Program”) will lapse on June 30, 2021 due to the failure of the U.S. Congress to reauthorize or extend it before the expiration date. Because the Senate has adjourned for recess until July 12, 2021, the Program will remain unavailable as no legislation
Update: The Department of State has updated their triad approach. For more information, click here. After enduring the COVID-19 pandemic for over a year, most U.S. embassies and consulates are not operating at full capacity. Due to limited appointment availability, a significant backlog was created for immigrant (IV) and nonimmigrant visa
The U.S. Citizenship and Immigration Services (“USCIS”) has issued new policy guidance in the USCIS Policy Manual to address the circumstances in which officers should issue Requests for Evidence (“RFEs”) and Notices of Intent to Deny (“NOIDs”). In 2013, USCIS published guidance instructing officers to issue RFEs in cases involving
On June 22, 2021, Judge Jacqueline Scott Corley of the U.S. District Court of the Northern District of California issued an order granting summary judgment in favor of the plaintiff, Behring Regional Center, in the lawsuit Behring filed against the Department of Homeland Security (“DHS”). The order was given in the matter of Behring
With the COVID-19 pandemic still ongoing and having a profound impact on families being separated by travel restrictions, engaged couples from around the world are becoming more creative in solemnizing their marriage vows. What was once a little-known concept used more often by military couples while the U.S. citizen was
The October 2019 Presidential Proclamation requiring incoming immigrants to have health insurance has been revoked by the White House. The Executive Order (“EO”) signed by then President Donald Trump required incoming immigrants to demonstrate that they will have health insurance within 30 days of their arrival in the United States.
In most cases, the family member of a principal EB-5 Petitioner, called a “dependent” or “beneficiary”, can delay his or her visa application to immigrate to the U.S. until a later date if the conditions for eligibility are still in place in the future. The decision for a spouse to
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