The new public charge rule requires immigrant and non-immigrant visa applicants to provide a detailed DS-5540 public charge questionnaire in order to determine whether they are likely to become a public charge at any time in the future. While a K-1 visa is officially a non-immigrant visa allowing for single
Why did the EB 5 China final action date jump forward in the March 2020 visa bulletin? There have been a number of questions as to why the final action date for EB-5 investors from China leaped forward 4.5 months in the March visa bulletin. United States Department of State’s
Following the Department of Homeland Security (“DHS”) lead, the U.S. Department of State (“DOS”), which oversees consular processing for immigrant and non-immigrant visas at U.S. Embassies and Consulates, has implemented its new public charge rule as of February 24, 2020. Immigrant visa applicants will be required to complete a Form
The U.S. Department of State (“DOS”) March visa bulletin is out and in a big surprise, the Final Action Date priority date [link to article] for Chinese EB-5 investors leaped forward by 5 months, from December 1, 2014 in February to May 15, 2015. We are looking forward to reading
Ryan Barshop and David Enterline of Enterline and Partners will speak at the American Immigration Lawyers Association (“AILA”), Bangkok District Chapter (“BDC”), “8th Annual Consular Processing Conference” in Taipei, Taiwan. AILA is an international organization of more than 15,000 attorneys and law professors who practice and teach immigration law. Ryan
U.S. Citizenship and Immigration Services (“USCIS”) released an updated policy memorandum advising the Department of States (“DOS”) on adjudicating Form I-130 Petitions for Alien Relatives at U.S. Embassies and Consulates through Direct Consular Filing (“DCF.”) The policy memorandum clarifies that USCIS will no longer accept and adjudicate routine I-130 Petitions
The investment capital that an EB-5 Investor may use for his or her investment, called the “lawful source of funds” (“SOF”), can come from any source as long as the investor can prove that the capital or funds were obtained lawfully. Some common SOF are salary and bonus income, dividends
U.S. Citizenship and Immigration Services (“USCIS”) announced it is changing the way it will process Form I-526, Immigrant Petition by Alien Investor, moving from a first-in, first-out basis to a visa availability approach. The Form I-526 Petition is filed by someone wanting to immigrate to the U.S. via the EB-5
The U.S. Supreme Court has ruled in favor of a Trump Administration policy expanding the government’s ability to refuse immigrant visas and issue green cards to immigrants who are likely to become a Public Charge. The 5-4 ruling, which was divided on ideologically lines, will allow the new rule to
United States Citizenship and Immigration Services (“USCIS”) has proposed to increase its filing fees for family-based immigrant visas and naturalization applications in 2020. Below are examples of the proposed fee increases. Spouse and Family-Based Immigrant Visas: Filing fees are scheduled to increase a nominal 3.74 percent from US$535 to US$550.
Enterline and Partners co-founder and immigration lawyer David Enterline recently spoke at the Investment Immigration Summit in Ho Chi Minh City, Vietnam. David was a speaker on the panel session entitled “Alternative residency and investment pathways to the U.S. – beyond EB-5”. The focus of the discussion was alternatives pathways
While this recent op-ed (opinion-editorial) article in the Los Angeles Times, focuses on President Trump and his ongoing war with the U.S. and Mexico border and its illegal immigration issues, the article points out that the Trump administration has, according to the American Immigration Lawyers Association (AILA), radically slowed the
We have helped Chinese investors who are Grenadian citizens quickly and successfully obtain E-2 visas. Let us help you! David Enterline, Founder and managing partners of Enterline & Partners, of counsel at Taipei Commercial Law Firm, has successfully obtained an E-2 visas for a Chinese investor who became a Grenadian
The U.S. Department of State (DOS) has released its visa issuance statistics for July, August and September 2018. (https://www.haciaworks.org/) Immigrant Visas For Vietnamese nationals, a total 2,637 immigrant visas were issued in July; 3,836 were issued in August; and 2,393 were issued in September. July: Only 83 of the
Is a Final Rule Coming on Changes to EB-5, Especially an Increase to the Minimum Investment Amount? The answer: Maybe. Currently, any change to the US$500,000 minimum investment amount in a Targeted Employment Area (proposed increase to US$1,350,000) would require the publication of the Final Rule for the related “EB-5
The U.S. Department of Homeland Security (DHS) recently announced that it will define the term “public charge” for immigration purposes. Currently, interviewing consular officers at U.S. Embassies and Consulates are authorized to refuse a visa if it is in their opinion that they are likely to become a public charge.
Last week, U.S. Department of State – Bureau of Consular Affairs published the October Visa Bulletin. The EB-5 Regional Center category has been listed as “U” meaning unauthorized for issuance. This is because the Immigrant Investor Program (aka Regional Center Program) is set to expire on September 30, 2018. The
USCIS announced an increase in the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, beginning on October 1, 2018. The premium processing fee will increase to $1,410. This increase will affect any L-1 and EB-1C petitions that our clients
United States Citizenship and Immigration Services (USCIS) August 9, 2018 policy memorandum revises the calculation of unlawful presence of those under F, J, or M nonimmigrant visa status and their dependents during their stay in the United States. Under the new memorandum, those holding F, J, or M visas who
In a new policy memorandum issued by the United States Citizenship and Immigration Services (USCIS) last July 13, 2018, USCIS adjudicators are given discretion to deny applications, petitions, or requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if the initial evidence is
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