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
The term proxy marriage refers to the ceremony performed where one or both members of the party to the marriage are not physically present at the ceremony. Although unrecognized in most U.S. jurisdictions, some jurisdictions not only recognize online marriages but they have streamlined the process making it easy for
The October 2019 Presidential Proclamation requiring incoming immigrants to have health insurance has been revoked by the White House.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
In a recent announcement from the United States Department of State (“DOS”), the Bureau of Consular Affairs reaffirmed its commitment in providing the current status of worldwide immigrant and nonimmigrant visa processing operations. Specifically, DOS has been updating the public on how embassies and consulates affected by the COVID-19 pandemic
The following is guidance provided by the American Immigration Lawyers Association (“AILA”) for attorneys and their clients to better understand the travel issues for permanent residents during the COVID-19 pandemic. Enterline and Partners attorneys are proud to be active AILA members and to share this information with you. Travel restrictions
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
The United States Senate has introduced bi-partisan legislation to provide temporary relief to the nation’s shortage of doctors and nurses. The senate bill, known as the “Healthcare Workforce Resilience Act 2021” would recapture 25,000 unused immigrant visas for nurses and 15,000 unused immigrant visas for doctors in the ongoing battle
Enterline and Partners Consulting Managing Partner David Enterline has obtained approval from the United States Citizenship and Immigration Services (“USCIS”) Investor Program Office (“IPO”) to expedite the review of Hong Kong EB-5 investors I-526 Immigrant Petition by Alien Investor (“I-526 Petition”). An approval of an expedite request is not an
On August 25, 2022 a settlement was reached in two cases between multiple plaintiffs against the United States Citizenship and Immigration Services (“USCIS”) that re-authorized previously approved regional centers which USCIS had deauthorized following the enactment of the EB-5 Reform and Integrity Act in March 2022. The settlement agrees to
On March 20, 2020, at the beginning of the COVID-19 pandemic, the United States Citizenship and Immigration Services (“USCIS”) implemented temporary changes, announcing that it would accept all benefit forms and documents with reproduced original signatures for submissions starting March 21, 2020. Up to that time, USCIS accepted many petitions,
The USCIS has posted an Alert regarding fee payments for concurrent EB-5 Form I-526 Petition and Form I-485 Adjustment of Status Applications on the United States Citizenship and Immigration Services (“USCIS”), EB-5 Immigrant Investor Program webpage. “ALERT: Beginning Sept. 1, 2022, we will no longer accept a single, combined fee payment
The U.S. Citizenship and Immigration Services (“USCIS”) is extending certain COVID-19-related flexibilities to respond to agency requests through October 23, 2022. The flexibility, which has been previously extended applies if the issuance date listed on the request, notice or decision was issued between March 1, 2020, and October 23, 2022,
The United States Citizenship and Immigration Service (“USCIS”) announced new Forms I-526 and I-526E to be used by EB-5 immigrant investors seeking permanent residence via the EB-5. Form I-526, Immigrant Petition by Alien Entrepreneur is to be used by standalone immigrant investors who are not seeking to pool their investment
Effective immediately, U.S. citizens abroad will no longer be able to travel to the United States on expired passports. Previously, the United States Customs and Border Protection Agency (“CBP”) allowed U.S. citizens to enter the United States on expired passports and CBP extended policy through March 2022. U.S. citizens abroad
A nonimmigrant visa is for persons wanting to enter the U.S. for a temporary visit for a specific purpose, and who will return to their home country or country of residence when the purpose of their visit is finished. In most nonimmigrant visa categories, the person establishes and maintains what
David Enterline was invited by American Venture Solutions Regional Center (AVS) to speak at its seminar in Hanoi City, Vietnam on June 11, 2022. The topics of the seminar were EB-5, E-2, and L-1 Visas to the United States. The focus of the seminar was the introduction of the new
On March 4, 2022, Mr. Enterline of Enterline and Partners, working with co-counsel in the United States, helped file a complaint in Federal Court for multiple EB-5 investors waiting for action on their Form I-829, Petition by Investor to Remove Conditions on Permanent Residence Status (“I-829 Petition). The law suit
The U.S. Centers for Disease Control and Prevention (“CDC”) has ended the requirement that all air passengers, 2 years or older, traveling to the United States from a foreign country must present a negative COVID-19 test result from a sample taken no more than one day before departure, or provide
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