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Immigrant Visa

Why is Your Case Taking So Long? USCIS Processing Delays Remain at Crisis Levels

Why Hasn’t Your Case Been Decided Yet? Nationwide, you and millions of families, businesses, and individuals applying for immigration benefits are waiting longer for U.S. Citizenship and Immigration Services (“USCIS”) to process and approve applications and petitions. Based on previously available USCIS data, in Fiscal Year (“FY”) 2014, an average

USCIS Continues Its Additional 60 Days for Responding to Agency Requests

The United States Citizenship and Immigration Services (“USCIS”) announced that in response to the ongoing COVID pandemic, it is once again extending flexibility that it announced on March 30, 2020 in responding to agency requests. The USCIS is granting an additional 60 calendar days to respond to following requests: Requests

What Vaccinations are Applicants Required to Have to Immigrate to the United States?

To protect the health of U.S. citizens, permanent residents, and other people in the United States from communicable diseases, intending immigrants to the United States are required to be vaccinated against certain diseases to receive an immigrant visa.   The diseases currently required to be vaccinated against are: Diphtheria Tetanus Pertussis

COVID-19 Vaccinations Required for Immigrant Visa Applicants Beginning October 1st, 2021

Beginning October 1, 2021, all immigrant visa applicants will be required to receive a COVID-19 vaccine as a medical clearance prerequisite. Medical evaluations, which are regulated by the United States Centers for Disease Control (“CDC”), require immigrant visa applicants to meet certain health and vaccination standards before an immigrant visa

Update on the EB-5 Immigrant Investor Program

The EB-5 Immigrant Investor “Regional Center” Program (“Program”) lapsed on June 30, 2021 due to the failure of the U.S. Congress to extend or reauthorize it before that date.  Congress has not yet passed a law to reauthorize the Program. As a result, any investor and family members who do

Enterline and Partners Receives Approval for I-130 Proxy Marriage Petition

Enterline and Partners is pleased to share that we have received approval of an I-130 Petition for Alien Relative (“I-130 Petition”) for one of our Philippines clients who was married by proxy. Our client, a U.S. citizen (Jack) and his Philippines wife (Jill), were married online with Jack being physically

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

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