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.
The United States Senate has introduced bi-partisan legislation to provide temporary relief to the nation’s shortage of doctors and nurses. The senate bill, known as the “Healthcare Workforce Resilience Act” would recapture 25,000 unused immigrant visas for nurses and 15,000 unused immigrant visas for doctors in the ongoing battle against
Enterline and Partners Consulting Managing Partner David Enterline has obtained approval from the United States Citizenship and Immigration Services (“USCIS”) Investor Program Office (“IPO”) to expedite the review of Hong Kong EB-5 investors I-526 Immigrant Petition by Alien Investor (“I-526 Petition”). An approval of an expedite request is not an
Good news for Vietnam EB-5 Investors, as the “Final Action Date” priority date on the Department of State’s April visa bulletin leaped forward by almost two months, from October 22, 2017 to December 15, 2017. The priority date indicates that any Vietnamese investors who filed their I-526 Petitions on or
A Form I-130 is a Petition for Alien Relative filed through the United States Citizenship and Immigration Services (USCIS). The form can be filed by either a U.S. Citizen or Lawful Permanent Resident (Green Card Holder) which establishes a valid family relationship. It is the first step in helping immediate
Visa Bulletin for March 2021 Priority Date Three weeks forward for Vietnamese EB-5 immigrant investors; China frozen; Taiwan and rest of the world current. The “Final Action Date” priority date for Vietnamese EB-5 investors moved forward three weeks in the Department of State March 2021 visa bulletin, from October 1,
United States President Joseph Biden has revoked former President Donald Trump’s Executive Order (“EO”) restricting certain immigrant and non-immigrant applicants from visa processing. Intended to protect U.S. jobs at the start of the COVID-19 pandemic, President Trump issued an EO on April 23, 2020 suspending selected immigrant visa applicants which
Enterline and Partners is pleased to share that we were able to overcome a refusal for one of our clients who was successfully issued an EB-2 Immigrant Visa in the Philippines. Our client, a healthcare provider, was petitioned by a U.S. employer as a physical therapist. After the Form I-140
In June we wrote about the option of filing a Writ of Mandamus for EB-5 investors whose I-526 Petitions have been pending for a long time without a decision. In August 2020, Enterline and Partners assisted one of its clients to file a Writ of Mandamus for an EB-5 immigrant
Following the increase to the minimum investment in a targeted employment area, from US$500,000 to US$900,000 in November 2019 [see here, here and here], interest in the EB-5 immigrant investor visa significantly dropped in early 2020. Data from the United States Citizenship and Immigration Services (“USCIS”) on quarterly filings indicated
Starting in January 2021, the United States Citizenship and Immigration Services (“USCIS”) will replace the sticker that is currently issued to lawful permanent residents (“LPRs”) to extend the validity of their Form I-551, Permanent Resident Card (“Green Card”). The new document will be a revised Form I-797, Notice of Action
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