Immigrant Visa

What Happens to a Lawful Permanent Resident if They Have Been Outside the United States for More than One Year Because of COVID-19 Travel Restrictions?

September 24, 2020

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

What Could Happen to My Green Card if I am Outside the United States for More than 180 Days Due to COVID-19 Travel Restrictions?

September 23, 2020

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

Update on Visa Chargeability for Hong Kong Persons from the President’s Executive Order

September 12, 2020

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

Important Notice for K Visa Applicants Affected by COVID-19

September 2, 2020

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

August 12, 2020

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

Announcement: USCIS Filing Fee Changes to Become Effective on October 2, 2020

August 7, 2020

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

Announcement: Federal Judge Temporarily Blocks DOS and DHS from Implementing Public Charge Inadmissibility

August 4, 2020

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

Announcement: CDC Issues One Month Extension on Immigrant Visa Medical Evaluations

July 29, 2020

The United States Centers for Disease Control (“CDC”) has approved a one-month extension on medical evaluations conducted for immigrant visa applications between January 1, 2020 and June 30, 2020. Immigrant visa applicants who obtained medical clearances as well as those who had their immigrant visas issued but were unable to

Hong Kong Born Nationals Facing Long Wait Times for Immigrant Visas

July 28, 2020

On July 14, 2020 President Trump signed the Hong Kong Autonomy Act of 2020 and at the same time signed The President’s Executive Order on Hong Kong Normalization. The intent of this Executive Order (“EO”) is to suspend or eliminate different and preferential treatment for Hong Kong, including the treatment

Enterline and Partners Successfully Expedites CR-1 Visa with Direct Consular Filing at U.S. Embassy in Manila

July 13, 2020

Enterline and Partners recently represented a newlywed couple living in the Philippines in an expedited I-130 Petition for Alien Relative at the U.S. Embassy in Manila. The couple, a U.S. citizen and a Philippines citizen, were married in the United States and living in Manila. The expedited filing, which was

Enterline files Form I-526E and Enters the New Era of the EB-5 Immigrant Investor Program

September 13, 2022

September 8, 2022 began a new era for Enterline and Partners in the EB-5 immigrant Investor Program as Managing Partner David Enterline filed a Form I-526E “Immigrant Petition by Regional Center Investor” for an EB-5 immigrant investor seeking lawful permanent residence under the EB-5 immigrant visa category. The investor, a

Settlement Agreement Confirms EB-5 Regional Center Program and Investors Can Move Forward

August 31, 2022

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

USCIS Makes COVID Policy on Copies of Signatures Permanent

August 25, 2022

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,

USCIS Alert Regarding Fee Payments for Concurrent EB-5 Forms I-526 Petition and I-485 Applications

August 8, 2022

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

USCIS Extends Flexibility for Responding to Agency Requests Into October 2022

July 27, 2022

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,

USCIS Releases New Forms for Immigrant Investor Program

July 15, 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

U.S. Citizens Overseas No Longer Allowed to Enter the United States on Expired Passports

July 11, 2022

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

Can I apply for a visitor visa or student visa or enter the United States while my immigrant Petition or immigrant visa application is pending?

June 30, 2022

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 Speaks at Seminar in Hanoi, Vietnam in June

June 28, 2022

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

Enterline and Co-Counsel Obtain Settlement With USCIS On Writ of Mandamus Action To Process I-829 Petitions

June 24, 2022

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

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