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
The U.S. Center for Disease Control (“CDC”) has announced that it will implement a requirement for a negative COVID-19 test or documentation of recovery for 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
Effective December 12, 2022, the U.S. Citizenship and Immigration Services (“USCIS”) updated the USCIS Policy Manual to allow it to automatically extend the validity of Permanent Resident Cards (commonly called “Green Cards”) for lawful permanent residents who have applied for naturalization to become U.S. citizens. This update is expected to
David Enterline was again invited by American Venture Solutions Regional Center (AVS) to speak at its latest seminar in Ho Chi Minh City, Vietnam on November 20, 2022. Mr. Enterline discussed the provisions of EB-5 law as a result of the EB-5 Reform and Integrity Act of 2022 that was
The United States Department of State (“DOS”) in coordination with the American Immigration Lawyers Association, Department of State Liaison Committee (“AILA DOS Liaison”) recently published an advisory on changing venues for immigrant and K-1 visa processing for LGBT (Lesbian Gay Bi Transgender) applicants. Since the United States Supreme Court issued
Are you considering filing a petition or application for a U.S. visa or immigration benefit? These tips may help. The United States Citizenship and Immigration Services (“USCIS”) updated its website with Recommendations for Paper Filings to Avoid Scanning Delays. Published on November 16, 2022, these filing tips are very useful
The EB-5 immigrant investor regulations allow an investor to make a partial investment at the time of filing the Form I-526 and Form I-526E, Immigrant Petition by an Investor and to make the remaining investment at a later date. This is confirmed by the United States Citizenship and Immigration Services
The U.S. Citizenship and Immigration Services (“USCIS”) is extending certain COVID-19-related flexibilities through January 24, 2023. The flexibilities, which have been extended multiple times, the latest in March 2022 and again in October 2022 are to assist applicants, petitioners, and requestors have more time to reply to various USCIS requests.
On October 6th and 7th, 2022, the United States Citizenship and Immigration Services (“USCIS”) approved two more Form I-829, Petitions by Entrepreneur to Remove Conditions on Permanent Resident Status (“I-829 Petition”) because of filings in Federal Court seeking Writs of Mandamus. The approvals came less than 2 months after filing
The U.S. Citizenship and Immigration Services (“USCIS”) has announced its final rule for the public charge ground of inadmissibility to go into effect on December 23, 2022. USCIS will begin to apply the new rule to applications postmarked on or after that date. Until then, USCIS will continue to apply
The United States Citizenship and Immigration Services (“USCIS”) announced it will automatically extend Lawful Permanent Resident (“LPR”) Form I-551 “Green Cards” from 12 months to 24 months to an LPR who files a Form I-90, Application to Replace Permanent Resident Card (“Form I-90.”). Form I-90 is used for many purposes
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