In June we wrote about the option of filing a Writ of Mandamus for EB-5 investors whose I-526 Petitions have been pending for a long time without a decision. In August 2020, Enterline and Partners assisted one of its clients to file a Writ of Mandamus for an EB-5 immigrant
Following the increase to the minimum investment in a targeted employment area, from US$500,000 to US$900,000 in November 2019 [see here, here and here], interest in the EB-5 immigrant investor visa significantly dropped in early 2020. Data from the United States Citizenship and Immigration Services (“USCIS”) on quarterly filings indicated
Starting in January 2021, the United States Citizenship and Immigration Services (“USCIS”) will replace the sticker that is currently issued to lawful permanent residents (“LPRs”) to extend the validity of their Form I-551, Permanent Resident Card (“Green Card”). The new document will be a revised Form I-797, Notice of Action
We have previously written about what lawful permanent residents can do if their Form I-551 “Green Card” has been lost, stolen, or destroyed and they are outside of the United States. In these articles, we have mentioned obtaining a travel letter or ‘Boarding Foil,” so they may return to the
United States President Donald Trump has extended an earlier Presidential Proclamation restricting certain immigrant and nonimmigrant visa categories from consular processing in response to the growing COVID-19 pandemic. The Executive Order (“EO”), which was first issued in April 2020, restricted certain immigrant visa applicants from receiving their visas for at
We have covered several issues in our series on how to protect your lawful permanent resident status and green card if you have been outside the United States and have been unable to return because of COVID-19. COVID-19 Reference Guide If you are able to reenter within 1 year of
An I-131A visa is for lawful permanent residents (“LPR”) whose Form I-551 “green card” was lost, stolen or destroyed while traveling outside the United States, or whose green card has expired, and who have been outside the U.S. for less than one year. Such LPRs can apply at a U.S.
The “Final Action Date” priority date for Vietnamese EB-5 investors moved forward slightly in the Department of State November 2020 visa bulletin from August 15, 2017 to September 1, 2017. The priority date indicates that any investors who filed their I-526 Petitions on or before September 1, 2017 now have
At a recent IIUSA EB-5 Forum, Charles Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State (“DOS”) – the man who decides the DOS Visa Bulletin every month – responded to a question regarding visa allocation for persons from Hong Kong. The question
The United States Department of State (“DOS”) has announced that routine visa processing at Embassies and Consulates will resume on a post-by-post basis consistent with DOS’s guidance for safely returning to the full services. As on the ground conditions improve, DOS will begin providing services leading to the eventual full
Are you a conditional permanent resident waiting for the approval of a Form I-829 Petition (for EB-5 immigrant investors) or a Form I-751 Petition (for spouses of U.S. citizens) to remove the condition from your permanent resident status but have not been able to return to the U.S. because of
Update: Between the writing and publication of this article, a federal judge granted a motion for a preliminary injunction against the U.S. Citizenship and Immigration Services (USCIS) fee rule discussed herein. As long as this preliminary injunction is in place, the existing fees remain as before. Effective October 2, 2020,
The U.S. Customs and Border Protection Agency (“CBP”) has not announced any special relief to a lawful permanent resident (“LPR’) who has remained outside the United States for more than one year because of COVID-19 travel and movement restrictions. Currently, a LPR who was remained outside the United States irrespective
Due to significant travel and movement restrictions caused by the COVID-19 pandemic, Lawful Permanent Residents (“LPR”’) have found themselves stranded abroad and thus unable to travel to the United States despite not having the intention of abandoning their LPR status. All permanent residents receive an identification called a Form I-551
There are many reasons why a lawful permanent resident (“LPR”) would remain outside the United States for more than 180 days. However, staying outside the U.S. for a long period could result in the U.S. government taking the position that an LPR has abandoned his or her intent to live
Since the President’s July 14, 2020 Executive Order on Hong Kong Normalization there has been much concern and confusion about whether and how the Executive Order impacts persons born in Hong Kong. The issue is whether the Executive Order makes individuals born in Hong Kong subject to visa chargeability of
Effective August 28, as it becomes safe to resume more consular operations at the U.S. Embassy in Manila and the U.S. Consulate in Ho Chi Minh City, posts are authorized to give K visa cases high priority. Applicants should check https://www.ustraveldocs.com/ph/ (Philippines) and http://cdn.ustraveldocs.com/vn/ (Vietnam) for updates. The I-129F Petition
DOS Provides Update on Public Charge Inadmissibility Following Temporary Injunction Following a nationwide injunction issued by a federal judge temporarily blocking Public Charge inadmissibility from being enforced due to the COVID-19 pandemic, the United States Department of State (“DOS”) will be updating its guidance to consular officers on how to
The United States Citizenship and Immigration Services (“USCIS”) has posted for public inspection an advanced copy of a final rule that will significantly alter many fees the USCIS charges for services, including adding new fees, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain
A United States federal judge issued a nationwide injunction temporarily blocking the Department of State (“DOS”) and the Department of Homeland Security (“DHS”) from enforcing Public Charge inadmissibility in response to the COVID-19 pandemic. Judge George McDaniels of the United States District Court for the Southern District of New York
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