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
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 Originally enacted in 1993, the Program was a pilot, or test, program and was never made permanent.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
Updated for 2025: Heightened Enforcement at Ports of Entry Like all international travelers, lawful permanent residents (LPRs)—also known as Green Card holders—are subject to inspection by U.S. Customs and Border Patrol (CBP) when arriving at an airport or land port of entry. While LPRs enjoy greater rights than nonimmigrants when
Visa retrogression is a situation where the Department of State (“DOS”) adjusts the Final Action Date and Dates For Filing backwards on the DOS monthly Visa Bulletin. This occurs when the demand for immigrant visas in a specific visa category exceeds the estimated supply, causing applicants who were previously eligible
A Form I-864 is one of the required documents in the U.S. immigrant visa application process , especially for family-based categories and some employment-based cases. The Form I-864 allows the U.S. government to assess the financial capability of the sponsor to ensure that the intended immigrant will not become a
A B-1 domestic employee visa permits certain foreign domestic workers to temporarily accompany their employer to the United States to manage household or other domestic services. The visa is narrowly defined and carefully regulated. It applies only when there is an established employment relationship and when the employer’s stay in
United States government posts have frequently listed Vietnamese citizens’names on government documents incorrectly such as on visas and Form I-551 (“Green Cards”.) This often happens because Vietnamese passports list names in the order of last name (or “family name” or “surname”) followed by the middle name and then the first
For employers and employees navigating the U.S. immigration system, time is often the most critical resource. The United States Citizenship and Immigration Services (“USCIS”) Premium Processing Service allows petitioners to significantly accelerate the adjudication of certain forms, specifically Form I-129 (Nonimmigrant Worker) and Form I-140 (Immigrant Worker), for an additional
Filing a family based immigrant petition for a foreign spouse is one of the most commonly applied for U.S. immigration benefits. The Form I-130, Petition for Alien Relative (“Form I-130”), filed with the United States Citizenship and Immigration Services (“USCIS”) is used by U.S. citizens and lawful permanent residents (“Green
The United States Department of State (“DOS”) has announced that it will freeze immigrant visa processing for seventy-five (75) countries citing concerns that citizens from those countries might become a public charge and require government financial assistance upon entering the United States. The directive instructs DOS consular officers to pause
Understanding who qualifies as an Immediate Relative under U.S. Immigration Law is essential for families seeking to reunite in the United States efficiently and without undue delay. At Enterline and Partners, our experienced U.S. immigration attorneys guide clients through this specialized area of immigration law with a personalized approach. What
Understanding what is a proxy marriage has become increasingly important for couples separated by international borders seeking options to formalize their relationship and pursue U.S. immigration benefits. A proxy marriage refers to a legally recognized marriage ceremony in which one or both parties are not physically present at the time
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