Immigrant Visa

Trump’s Immigration Ban May Result in More Employment-Based Immigrant Visas Being Issued

May 5, 2020

United States President Donald Trump’s Executive Order (“EO”) banning certain immigrants from immigrating may end up increasing the number of visas available for employment-based immigrant visa categories. Employment-based immigrant visas are capped at 140,000 worldwide per fiscal year while family-based immigrant visas are limited to roughly 250,000 per year. The

Temporary Restraining Order Filed Against Trump’s Immigration Ban In Order to Protect Children

April 29, 2020

The first group of litigants have filed a Temporary Restraining Order (“TRO”) against U.S. President Donald Trump’s Immigration Ban. The TRO petition, which was filed in the U.S. Federal District Court in Oregon, seeks an immediate, limited order to protect family-based preference immigrants under the age of 21 from being

Announcement: USCIS Extends In-Person Services Suspension through June 3rd

April 28, 2020

The United States Citizenship and Immigration Services (“USCIS”) has announced that in-person services at its offices will reopen as early as June 4th in compliance with local and state orders. In-person services at USCIS include field offices, asylum offices, and application support centers. During this extended closure period, USCIS will

EB-5 Immigrant Investor Visa Petition Statistics Released by the USCIS for Fiscal Year 2020 Q1

April 27, 2020

The United States Immigration and Citizenship Services (“USCIS”) has published its quarterly performance data for Form I-526, Immigrant Petition by Alien Investor and Form I-829, Petition by Entrepreneurs to Remove Conditions on Permanent Resident Status. The number of I-526 petition filings are not much of a surprise and the painfully

Trump’s Immigration Ban Has Just Been Released. And It’s Not As Bad As We Expected.

April 23, 2020

Today U.S. President Donald Trump signed his threatened Executive Order (‘EO”) as the “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the Covid-19 Outbreak.” The proclamation becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET), and suspends the

Trump Tweets He Will Stop All Immigration: No Need to Fear (Yet)

April 21, 2020

United States President Donald Trump tweeted late in the evening on April 20th that he intends to sign an Executive Order (“EO”) temporarily suspending immigration to the U.S. as it battles the Covid-19 pandemic and the resulting mass unemployment. While concerning for many, Enterline and Partners would like to calm

Will The New EB-5 Processing Policy Help Children Who Might Otherwise Age Out?

April 14, 2020

United States Citizenship and Immigration Services (“USCIS”) recently announced it would change the way it will processes I-526 Petitions (“petitions”) for EB-5 investors. Called a Visa Availability Approach, (“VAA”) this process will apply to all petitions filed after March 31, 2020. During a March 13, 2020 public stakeholders meeting, USCIS

Announcement: DOS Continues to Encourage Medical Professionals with Approved Petitions to Seek an Emergency Visa Appointment

April 13, 2020

The U.S. Department of State (“DOS”) has reiterated its earlier announcement that despite the worldwide suspension of routine visa appointments, U.S. embassies and consulates will continue to provide emergency and critical visa services. Healthcare professionals with an approved non-immigrant or immigrant petition such as an I-129 Petition for Nonimmigrant Workers

The Effect of Breaks in Continuity of Residence on Eligibility for Naturalization

April 7, 2020

Are you a lawful permanent resident (“LPR”) of the United States and want to become a U.S. citizen? If you have been a resident for at least 5 years, or 3 years if you obtained your LPR status through marriage to a U.S. citizen, then you may be eligible for

Announcement: USCIS Extends In-Person Services Suspension through May 3

April 6, 2020

U.S. Citizenship and Immigration Services (“USCIS”) will extend in-person services suspension at Field Offices, Asylum Offices and Application Support Centers (“ACS”) through May 3 unless otherwise announced. While the extended closure covers interviews, naturalization ceremonies, and biometric collections, USCIS will continue to provide emergency and essential services that do not

What Happens If My Nonimmigrant Visa Is Revoked By CBP At The Port-of-Entry?

November 27, 2023

If your nonimmigrant visa (i.e. B-1/ B-2, F-1, etc.) is revoked by the U.S. Customs and Border Protection (“CBP”) Agency at a U.S. Port-of-Entry, it means that the CBP Officer determined that you are inadmissible to enter the United States. Once your nonimmigrant visa is canceled, you will not be

What is Humantarian Reinstatement of an I-130 Petition?

November 21, 2023

When the petitioner of an I-130 Petition for Alien Relative (“I-130 Petition”) dies, it typically has repercussions for the beneficiary(s) of that Petition. The fate of the Petition depends on the stage of where the Petition was at the time of the petitioner’s death. Before Petition Approval: If the petitioner

How Can I Expedite a Petition with USCIS?

November 17, 2023

Expediting a Petition (i.e. I-130 Petition for Alien Relative or I-129F Petition for Alien Fiancé or Fiancée) with the United States Citizenship and Immigration Services (“USCIS”) can be challenging. There are limited circumstances in which USCIS may consider expediting a Petition that is currently undergoing processing at one of its

A Child Born Outside The U.S. To A Lawful Permanent Resident May Not Need A Visa To Enter the United States

October 31, 2023

If you are a Lawful Permanent Resident (“LPR”) of the U.S. and you had a child born outside of the U.S., your child is not required to have an immigrant visa to travel with you to the United States if: The child was born during the LPR mother’s temporary visit

Enterline Obtains Approval Of A High Unemployment Area I-526E Petition Filed For An EB-5 Investor In 13 months

October 30, 2023

Enterline and Partners Consulting Managing Partner David Enterline has obtained approval from the United States Citizenship and Immigration Services (“USCIS”) Investor Program Office (“IPO”) of his EB-5 Investor’s Form I-526E Petition in 13 months. This investor’s I-526E Petition was based on an investment in a High Unemployment Area. The EB-5

USCIS Clarifies That The Owner Of A Sole Proprietorship Owner May Not Self-Petition For An L-1 Visa

October 26, 2023

The U.S. Citizenship and Immigration Services (“USCIS”) has issued policy guidance in the USCIS Policy Manual clarifying that a sole proprietorship may not file a Form I-129L Petition (“Petition”) on behalf of its owner because the sole proprietorship does not exist as a distinct legal entity separate and apart from

USCIS Issuing Five-Year Advance Parole to Applicants Who May Be Eligible for Five-Year EADs

October 24, 2023

American Immigration Lawyers Association (“AILA”) members, of whom Enterline and Partners Consulting lawyers are also members, have reported that the United States Citizenship and Immigration Services (“USCIS”) has begun issuing five-year Advance Parole documents to applicants valid for five years. This is apparently for individuals who are now eligible for

USCIS Extends Certain EAD Validity to Five Years

October 23, 2023

The United States Citizenship and Immigration Services (“USCIS”) is updating its Policy Manual regarding maximum validity for Employment Authorization Documents (“EAD”) issued to certain non-U.S. citizens. Non-U.S. citizens (i.e. those in the United States without Green Cards) must have employment authorization in order to work legally inside the United States.

Why Is My Case With USCIS Taking So Long?

October 13, 2023

Enterline and Partners Consulting lawyers are members of the American Immigration Lawyers Association (“AILA”). It often provides helpful tips, updates and information to its lawyer members and for the public. AILA provides the following flyer to help clients with long-pending USCIS cases understand the broader context of current processing delays.

What Is The U.S. Diversity Visa (DV) Lottery, Is It Real And Who Can Qualify?

October 6, 2023

The U.S. Diversity Visa (DV) Lottery is real! Also known as the Green Card Lottery, the DV Lottery is a program administered by the U.S. Department of State that provides an opportunity for people from countries with low rates of immigration to the United States to obtain a U.S. permanent

CATEGORY

Federal Lawsuit Filed Immediately Following Trump’s Executive Order Ending Birthright Citizenship

Can My Fiance Work in the U.S. After Arriving on a K-1 Visa?

What is the Four Month Validity Period of an Approved I-129F Petition for a K-1 Visa?

What is Advance Parole and How is it Different from a Re-Entry Permit?

What is a Form I-212 Following Deportation From the United States?