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Immigrant Visa

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

June 29, 2020

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

June 24, 2020

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

The Writ of Mandamus for EB-5 Immigrant Investors

June 16, 2020

Announcement: USCIS to Resume In-Person Services on June 4

June 3, 2020

United States Citizenship and Immigration Services (“USCIS”) is scheduled to resume non-emergency in-person services on June 4th. On March 18, USCIS suspended routine in-person services at its field offices, asylum offices, and application support centers in response to the COVID-19 pandemic. As USCIS services recommence, offices will reduce the number

Announcement: Limited American Citizen Services in Vietnam Resume on June 1st

May 29, 2020

The United States Mission to Vietnam which includes the U.S. Embassy in Hanoi and the Consulate General Ho Chi Minh City has announced the resumption of limited American Citizen Services (“ACS”) beginning on June 1st. Interested U.S. citizens who are seeking ACS assistance including Consular Reports of Birth Abroad, U.S.

Enterline and Partners Successfully Obtains I-601 Waiver of Inadmissibility for Fraud/ Misrepresentation

May 26, 2020

Enterline and Partners recently obtained an I-601 Waiver of Inadmissibility for a client who was refused an immigrant visa. The client, who is married to a U.S. citizen, was previously charged with fraud/misrepresentation and sought our legal assistance in order to be reunited with her family. The I-601 Waiver of

David Enterline Was Recently Interviewed About the EB-5 Immigrant Investor Program

May 22, 2020

David Enterline was recently interviewed by Ms. Jenny Nguyen of American Lending Center about the United States EB-5 immigrant investor program. Some of the topics discussed were how President Trump’s 60-day immigration ban does not impact EB-5 investors, new changes on how the United States Immigration and Citizenship Services (“USCIS”)

House Introduces Legislation to Increase Immigrant Visas for Foreign Doctors and Nurses

May 15, 2020

The United States House of Representatives has introduced companion legislation to the recently proposed Senate bill which would increase the number of immigrant visas issued to foreign doctors and nurses. Known as the “Healthcare Workforce Resilience Act,” the new legislation, if enacted, would authorize immigrant visas to qualified foreign nationals

United States Federal Court Judge Denies TRO Filed Against Trump’s Immigration Ban to Protect Children

May 14, 2020

A U.S. Federal Court Judge has denied a request for a Temporary Restraining Order (“TRO”) filed against U.S. President Trump’s immigration ban. The TRO petition, which was filed in the U.S. District Court of Oregon, sought to temporarily block part of the Executive Order (“EO”) in order to protect family-based

United States Senate Introduces Legislation to Increase Immigrant Visas for Foreign Doctors and Nurses

May 6, 2020

New legislation has been introduced in the United States Senate to grant unused immigrant visas to foreign healthcare professionals to help fight the coronavirus. The Senate bill would authorize up to 25,000 immigrant visas for foreign nurses and up to 15,000 for foreign doctors. The legislation would also allow the

USCIS Posts Notices Regarding the EB-5 Regional Center Program Petition Processing

April 15, 2022

The United States Citizenship and Immigration Services (“USCIS”) has posted several alerts on its EB-5 Immigrant Investor Program webpage updating the public on the status of Form I-526 and Form I-829 Petitions. The alerts read: “Alert: We will continue to adjudicate Form I-829, Petition by Investor to Remove Conditions on Permanent Resident

USCIS Publishes New Guidance on Scope of Evidence in Cases of Extraordinary Ability

April 2, 2022

The U.S. Citizenship and Immigration Services (“USCIS”) has updated its Policy Manual to provide guidance on the type of “published material” that persons applying for an Employment Based First Preference Immigrant Visa category (“EB-1”) can present as evidence when applying for the visa category. Persons with “extraordinary ability in the

Waivers for Immigrant Visa Applicants Refused for Criminal History

March 31, 2022

Immigrant visa applicants who have a criminal history often face significant obstacles in being able to immigrate to the United States. Immigrant visa applicants who have been found guilty of a “Crime Involving Moral Turpitude” (“CMIT”) are ineligible to immigrate to the United States and obtain a “green card”. Even

EB-5 Reform and Integrity Act of 2022

March 28, 2022

The EB-5 Reform and Integrity Act of 2022 (“Act”) was passed by Congress and signed by President Biden on March 15, 2022. Most of the provisions of the Act will become effective 60 days from enactment, which will be the middle of May 2022. The Act includes many changes to

Great News for all EB-5 Investors Waiting for Regional Center Program Reauthorization

March 26, 2022

What is the Doctrine of Consular Nonreviewability?

March 11, 2022

The doctrine of consular nonreviewability refers to visa decisions decided by consular officers at U.S. Embassies and Consulates cannot be appealed to courts within the United States. The doctrine applies very broadly to decisions made by consular officers whether they apply to foreign nationals who have been refused an immigrant

No Changes to EB-5 Category in the March 2022 Visa Bulletin

March 7, 2022

The Department of State (“DOS”) March 2022 visa bulletin continues to show EB-5 regional center visa categories (I5 and R5) unavailable (U) because the EB-5 regional center program remains expired. Read more: the regional center program (“Program”) having lapsed on June 30, 2021. Visas in non-regional center visa categories (C5

Vietnamese Names Listed Incorrectly on U.S. Visas and Green Cards

February 12, 2022

There has always been a challenge with some U.S. government offices incorrectly listing Vietnamese citizen’s names on government documents such as visas and Form I-551 “Green Cards” because Vietnamese passports list names in order of last name (or “family name” or “surname”) followed by middle name then first name. Moreover,

DHS Drops Appeal of the U.S. District Court’s Ruling in Behring Regional Center LLC v. Mayorkas

January 13, 2022

On January 5, 2022, the Department of Homeland Security (“DHS”), on behalf of the United States Citizenship and Immigration Services (“USCIS”), filed a motion to dismiss its appeal of a U.S. District Court’s ruling in the case Behring Regional Center LLC v. Alejandro N. Mayorkas, et al. (“Behring v. Alejandro”).

Status of the EB-5 Regional Center Program in January 2022

January 10, 2022

Six months have passed since the EB-5 Regional Center Program (“Program”) expired and Congress has still not taken any steps towards its renewal. Originally enacted in 1993, the Program was a pilot, or test, program and was never made permanent. The Program had been extended on a regular basis for

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Immigrant Visa

CATEGORY

Delinquent U.S. Taxpayers in Southeast Asia

Federal Court of Appeals Rules Against Trump’s EO Ending Birthright Citizenship

U.S. Taxes for Americans Abroad

Nonimmigrant Visa Dropbox Renewal Eligibility Reverts Back to Pre-COVID Standards

Trump’s EO Ending Birthright Citizenship Dealt Another Setback by A Second Judge