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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

The EB-5 Regional Center Program Will Lapse on June 30, 2021

June 29, 2021

The EB-5 Immigrant Investor “Regional Center” Program (“Program”) will lapse on June 30, 2021 due to the failure of the U.S. Congress to reauthorize or extend it before the expiration date. Because the Senate has adjourned for recess until July 12, 2021, the Program will remain unavailable as no legislation

AILA – Practice Advisory: Immigrant Visa (Green Card) Processing Delays

June 28, 2021

Update: The Department of State has updated their triad approach. For more information, click here. After enduring the COVID-19 pandemic for over a year, most U.S. embassies and consulates are not operating at full capacity. Due to limited appointment availability, a significant backlog was created for immigrant (IV) and nonimmigrant visa

USCIS Policy Update to “Requests for Evidence” and “Notices of Intent to Deny”

June 27, 2021

The U.S. Citizenship and Immigration Services (“USCIS”) has issued new policy guidance in the USCIS Policy Manual to address the circumstances in which officers should issue Requests for Evidence (“RFEs”) and Notices of Intent to Deny (“NOIDs”). In 2013, USCIS published guidance instructing officers to issue RFEs in cases involving

U.S. District Court Rules to Overturn EB-5 Regulations; Investment Amount Reduced to $500,000 – for Now.

June 25, 2021

On June 22, 2021, Judge Jacqueline Scott Corley of the U.S. District Court of the Northern District of California issued an order granting summary judgment in favor of the plaintiff, Behring Regional Center, in the lawsuit Behring filed against the Department of Homeland Security (“DHS”). The order was given in the matter of Behring

What is a Proxy Marriage and Can it Be Filed with USCIS?

June 14, 2021

With the COVID-19 pandemic still ongoing and having a profound impact on families being separated by travel restrictions, engaged couples from around the world are becoming more creative in solemnizing their marriage vows. What was once a little-known concept used more often by military couples while the U.S. citizen was

Presidential Proclamation Requiring Incoming Immigrants To Have Health Insurance Revoked

May 27, 2021

The October 2019 Presidential Proclamation requiring incoming immigrants to have health insurance has been revoked by the White House. The Executive Order (“EO”) signed by then President Donald Trump required incoming immigrants to demonstrate that they will have health insurance within 30 days of their arrival in the United States.

Can My Spouse Delay Their EB-5 Visa Application and Apply to Immigrate Later?

May 14, 2021

In most cases, the family member of a principal EB-5 Petitioner, called a “dependent” or “beneficiary”, can delay his or her visa application to immigrate to the U.S. until a later date if the conditions for eligibility are still in place in the future. The decision for a spouse to

DOS Announces Tiered Approach to Resuming Immigrant Visa Applications

May 13, 2021

In a recent announcement from the United States Department of State (“DOS”), the Bureau of Consular Affairs reaffirmed its commitment in providing the current status of worldwide immigrant and nonimmigrant visa processing operations. Specifically, DOS has been updating the public on how embassies and consulates affected by the COVID-19 pandemic

Travel Issues for Permanent Residents in Pandemic Times

April 22, 2021

The following is guidance provided by the American Immigration Lawyers Association (“AILA”) for attorneys and their clients to better understand the travel issues for permanent residents during the COVID-19 pandemic. Enterline and Partners attorneys are proud to be active AILA members and to share this information with you. Travel restrictions

What is an I-864 Affidavit of Support?

April 16, 2021

What is an I-864 Affidavit of Support? A USCIS Form I-864 Affidavit of Support is required for many immigrant visa categories in order to show that the sponsoring petitioner (“Sponsor”) has adequate means to financially support the person(s) being sponsored to immigrate. The I-864 Affidavit of Support is a contract

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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