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Immigrant Visa

What is an I-131A visa and will it allow me to reenter the United States?

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.

Persons from Hong Kong Not Yet Subject to China Visa Allocation

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

Department of State Announces Plans to Resume Routine Visa Services

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

New Increased USCIS Filing Fees for EB-5 Investors

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,

Will U.S. Immigration Services Offer Special Relief to Permanent Residents Who Return to the United States After Being Abroad for More Than One Year Due to the COVID-19 Pandemic?

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

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?

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

Important Notice for K Visa Applicants Affected by COVID-19

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

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: CDC Issues One Month Extension on Immigrant Visa Medical Evaluations

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

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

Trump’s Amended Immigration Ban Exempts Children of U.S. Citizens and Permanent Residents

Following U.S. President Donald Trump’s June 22nd proclamation amending a previous Executive Order (“EO”) restricting immigration to certain immigrant and non-immigrant visa applicants, an exemption has been granted to children of U.S. citizens and permanent residents. The previous EO issued on April 22nd formally known as the “Proclamation Suspending Entry

Actions to Take When a Client’s I-526 Petition Enters Processing Limbo

EB-5 investors and projects continue to contend with lengthy delays in the processing of I-526 Petitions. Average processing times have steadily increased over the past few years, in stark contrast to United States Citizenship and Immigration Services (“USCIS”) new Investor Program Office (“IPO”) statements that it would reverse the trend

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