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
Ryan Barshop and David Enterline of Enterline and Partners recently spoke at the American Immigration Lawyers Association (“AILA”), Asia Pacific Chapter (“APAC”), “11th Annual Conference” in Tokyo, Japan. AILA is an international organization of more than 16,000 attorneys and law professors who practice and teach immigration law. APAC is a
Effective May 11, 2023, international air passengers departing for the United States will no longer be required to present proof of a COVID-19 vaccine as a prerequisite to board a flight to the United States. The new policy, which comes almost a year after the United States ended its requirement
Under U.S. immigration law, an immediate relative is a term used to refer to certain close family members of U.S. citizens who are eligible for immigration benefits. The following family members are considered immediate relatives: Spouses of U.S. citizens Unmarried children under the age of 21 of US citizens Parents
Both an I-134 Affidavit of Support and an I-864 Affidavit of Support are legal documents used by U.S. consular officers to demonstrate an agreement to provide financial support for a foreign national within the U.S. immigration system. However, there are some notable differences between the two documents. An I-134 Affidavit
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
Enterline and Partners recently represented a family of four in overcoming their 214(b) visa refusals at the U.S. Consulate in Ho Chi Minh City (“Consulate”). The family, who formally held U.S. B-1/ B-2 Visitor Visas (“Visitor Visa”), had acquired Grenada citizenship by making an investment in order to gain benefits
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
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
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
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
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