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.
Under U.S. immigration law there are several types of immigrant visas. We can generally break these into family based immigrant visas and employment and investment based immigrant visas. Under the family based immigrant visas, there are two subcategories. Immigrant visas for immediate relatives of U.S. citizens (spouses, parents and unmarried
The U.S. Department of State has announced a signing a Memorandum of Cooperation on Culture and People-to-People Ties between the United States and Vietnam. See the post on the USDOS website here. “Under Secretary for Public Diplomacy Liz Allen and Assistant Secretary for Educational and Cultural Affairs Lee Satterfield met
The Department of Homeland Security (“DHS”) and United States Citizenship and Immigration Services (“USCIS”) has announced a Temporary Final Rule (“TFR”) providing that the automatic extension period applicable to expiring Employment Authorization Documents (“EADs”) for renewal applicants who have filed Form I-765, Application for Employment Authorization, will be increased from
The United States Citizenship and Immigration Services (“USCIS”) new filing fees have taken effect for all files received on or after April 1, 2024. In addition to new filing fees, USCIS has also released new forms for certain petitions. While the new form edition dates begin on April 1, 2024,
Enterline and Partners U.S. immigration attorneys, Ryan Barshop and David Enterline recently spoke at the regional American Immigration Lawyers Association, Asia Pacific Chapter (“AILA APAC”) Annual Conference. The conference, which was held in Ho Chi Minh City, Vietnam, was attended by a number of U.S. immigration lawyers from around the
Following member’s reports to the American Immigration Lawyers Association (“AILA”) that applicants have been receiving biometrics appointment notices either too late or with appointment dates that have already passed, AILA reached out to the United States Citizenship and Immigration Services (“USCIS”) to request clarification and resolution. The USCIS acknowledged the
In early 2024, USCIS changed the filing fees for certain immigration and naturalization forms and also released new versions of several forms. According to USCIS, the new fees will help to cover more of its operating costs and support faster processing of new applications. These updated fees and forms will
David Enterline, Managing Partners at Enterline and Partners, and as senior associate with WTW – Taipei Commercial Law Firm, David recently participated in a “Webinar | East Asia Spotlight” organized by the Global Migration Section of the American Immigration Lawyers Association. Joined by 3 other lawyers in the region: Hong
In the United States, the Selective Service System plays a vital role in preparedness for national emergencies by maintaining a list of potential military draftees. While mandatory military conscription has not been in effect since the Vietnam War, the requirement for men, including lawful permanent residents (“LPRs”), to register with
If you’re applying for adjustment of status (“Green Card”) from within the United States, you have to submit Form I-693, which is a medical exam and vaccination record completed by a specific doctor. Submitting this form shows that you’re eligible for a Green Card based on health reasons. Can Anyone
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