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Immigrant Visa

Announcement: Extended deadlines to respond to RFEs and NOIDs

U.S. Citizenship and Immigration Services (“USCIS”) has announced that it is extending the deadline to reply to requests for evidence (“RFE”) and notices of intent to deny (“NOID”) in response to the Coronavirus (COVID-19) pandemic. For applicants and petitioners who receive an RFE or NOID dated between March 1st and

Announcement: USCIS Extends In-Person Services Suspension Through April 7, 2020

U.S. Citizenship and Immigration Services (“USCIS”) will extend the suspension of in-person services at field offices, asylum offices and application support centers through April 7, 2020. The USCIS had originally cancelled in-person operations on March 18th and was expected to recommence on April 1st in an effort to help contain

Announcement: USCIS Temporarily Accepts Electronic Reproduced Signature on All Forms

U.S. Citizenship and Immigration Services (“USCIS”) announced that it will accept benefit forms and documents with reproduced original signatures for submissions dated March 21, 2020 and thereafter. The policy change was made in response to the Coronavirus National Emergency declared by President Donald Trump on March 13, 2020. While USCIS

Announcement: USCIS Suspends Form I-129 and I-140 Premium Processing

U.S. Citizenship and Immigration Services (“USCIS”) has temporarily suspended its premium processing option for all Form I-129 and I-140 petitions until further notice due to the ongoing efforts to contain the spread of the Coronavirus. Petitions using a Form I-907, Request for Premium Processing accepted prior to March 20, 2020

Announcement: USCIS Suspending In-Person Services from March 18 through April 1, 2020

As of March 18th, all United States Citizenship and Immigration Services (“USCIS”) in-person services at all field offices, asylum offices and Application Support Centers (“ASC”) are suspended in an effort to contain the spread of the Coronavirus. In-person services are scheduled to resume on April 1st. USCIS field offices will

Announcement: All Routine U.S. Visa Interviews in Vietnam Cancelled

The U.S. Embassy in Hanoi and the U.S. Consulate in Ho Chi Minh City has announced that all routine visa interviews will be cancelled as of March 19th in an effort to impede the spread of the Coronavirus. Applicants with an urgent travel matter may request an expedited appointment which

Announcement: All Visa Interviews at the U.S. Embassy in Manila are Cancelled

In light of the Philippines government decision to impose a city-wide lockdown around Metro Manila to contain the Coronavirus, the U.S. Embassy has announced that all immigrant and non-immigrant visa interviews have been cancelled as of March 16, 2020. Visa interviews will resume as soon as possible. More information can

National Interest Waivers for EB-2 Applicants

The Employment Based Second Preference Immigrant Visa Category (EB-2) Advanced Degree Holder and Person of Exceptional Ability with National Interest Waivers. Previously we wrote about the qualifications for an Employment Based Second Preference (EB-2) Immigrant Visa which is for persons who have an advanced degree or persons with exceptional ability

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Homeland Security Proposes To Define “Public Charge” For Immigration Purposes

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.

October Visa Bulletin EB-5 Visa Category Now “Unauthorized” for Visa Issuance

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 Announces Fee Increase For Premium Processing To $1,410

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

Final Guidelines on Unlawful Presence for Students and Exchange Visitors

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

How to Apply for Naturalization if your American Spouse is Stationed Abroad

Vietnamese spouses of U.S. citizens are generally eligible for green cards and eventually U.S. citizenship based on their marriage. In general, a person may only be naturalized after showing that they have resided in the United States as a green card holder for a certain prescribed period of time. However,

Changes in Immigration Policy

A series of small moves concerning the Trump Administration’s immigration policy have recently been undertaken. CNN reports the following actions made by the administration: Attorney General Jeff Sessions has issued a Decision directing the Board of Immigration Appeals (BIA) to refer cases for his review when such cases have issues

Fraud in Obtaining US Visas

Every year, hundreds of thousands of Vietnamese apply for a U.S. visa, whether it be for tourist purposes or to become an immigrant in order to live out the American dream. However, some have found the process to be too long or the risk of denial to be too great.

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