USCIS Updated Policy Alert Concerning Direct Consular Filing at U.S. Embassies and Consulates

February 17, 2020

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

What is Lawful Source of Funds and Path of Funds for an EB-5 Immigrant Investor?

February 5, 2020

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

USCIS to Change its Processing Policy for I-526, Immigrant Petition by Alien Investor EB-5 Petitions

January 31, 2020

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 United States Supreme Court To Allow Public Charge Rule To Take Effect

January 30, 2020

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

USCIS Scheduled to Increase Family-Based Immigrant and Naturalization Application Filing Fees

January 16, 2020

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.

EB-5 Visa Processing Time: How Long Do I Have to Wait for Approval?

January 6, 2020

How long is the EB-5 visa processing time? Most of my clients ask me this question and there is a lot of confusion about the processing times visa waiting times. As a refresher, there is a 3-step process to obtaining lawful permanent residence in the U.S. via the EB-5 immigrant

Immigrate to the United States if You Have Exceptional Ability in Science, Art or Business – The EB-2 visa

December 27, 2019

Are you a person with exceptional ability in science, art or business? Then you may qualify to immigrate to the United States and pursue a career in your area of expertise via the Employment Based Second Preference visa category, or EB-2 visa. To qualify as a person of exceptional ability

David Enterline speaks at Global Migration and Wealth Management, East Asia, Conference in Hong Kong

December 6, 2019

David Enterline spoke at the Global Migration and Wealth Management, East Asia Conference in Hong Kong November 4th and 5th, 2019. David was the discussion leader on the panel Evaluating the US investment landscape and its appeal to Chinese investors which focused on issues relevant to Chinese investors seeking to

David Enterline’s Thought Leadership Comments on the Investment Immigration Industry

December 5, 2019

As part of the GMWM East Asia event, organizers requested insight from its distinguished speakers on various Thought Leadership topics. The comments below were provided by David Enterline of Enterline and Partners. 1. In one sentence, how would you describe the state of the investment immigration industry today? The

EB-5 Immigrant Investor Program Extension

November 28, 2019

As has become the norm, the U.S. Congress passed a short-term continuing resolution (“CR”) funding the U.S. federal government through December 20, 2019, while at the same time extending 29 other programs including the EB-5 Immigrant Investor Program. The President signed the CR shortly thereafter. Also known as the EB-5

USCIS Extends Flexibility for Responding to Agency Requests Into October 2022

July 27, 2022

The U.S. Citizenship and Immigration Services (“USCIS”) is extending certain COVID-19-related flexibilities to respond to agency requests through October 23, 2022. The flexibility, which has been previously extended applies if the issuance date listed on the request, notice or decision was issued between March 1, 2020, and October 23, 2022,

USCIS Releases New Forms for Immigrant Investor Program

July 15, 2022

The United States Citizenship and Immigration Service (“USCIS”) announced new Forms I-526 and I-526E to be used by EB-5 immigrant investors seeking permanent residence via the EB-5. Form I-526, Immigrant Petition by Alien Entrepreneur is to be used by standalone immigrant investors who are not seeking to pool their investment

U.S. Citizens Overseas No Longer Allowed to Enter the United States on Expired Passports

July 11, 2022

Effective immediately, U.S. citizens abroad will no longer be able to travel to the United States on expired passports. Previously, the United States Customs and Border Protection Agency (“CBP”) allowed U.S. citizens to enter the United States on expired passports and CBP extended policy through March 2022. U.S. citizens abroad

Can I apply for a visitor visa or student visa or enter the United States while my immigrant Petition or immigrant visa application is pending?

June 30, 2022

A nonimmigrant visa is for persons wanting to enter the U.S. for a temporary visit for a specific purpose, and who will return to their home country or country of residence when the purpose of their visit is finished. In most nonimmigrant visa categories, the person establishes and maintains what

David Enterline Speaks at Seminar in Hanoi, Vietnam in June

June 28, 2022

David Enterline was invited by American Venture Solutions Regional Center (AVS) to speak at its seminar in Hanoi City, Vietnam on June 11, 2022. The topics of the seminar were EB-5, E-2, and L-1 Visas to the United States. The focus of the seminar was the introduction of the new

Enterline and Co-Counsel Obtain Settlement With USCIS On Writ of Mandamus Action To Process I-829 Petitions

June 24, 2022

On March 4, 2022, Mr. Enterline of Enterline and Partners, working with co-counsel in the United States, helped file a complaint in Federal Court for multiple EB-5 investors waiting for action on their Form I-829, Petition by Investor to Remove Conditions on Permanent Residence Status (“I-829 Petition). The law suit

CDC Ends Requirement That International Air Travelers Show A Negative COVID Test

June 15, 2022

The U.S. Centers for Disease Control and Prevention (“CDC”) has ended the requirement that all air passengers, 2 years or older, traveling to the United States from a foreign country must present a negative COVID-19 test result from a sample taken no more than one day before departure, or provide

What is Domicile and How Does it Relate to the Affidavit of Support?

June 1, 2022

We have previously written about the Form I-864 Affidavit of Support, the contract between a Petitioner or “Sponsor” and the U.S. Government showing that the Sponsor has enough income or assets to financially provide for the Sponsor’s household family members and the intending immigrant(s). The Affidavit of Support legally binds

Enterline and Partners Client Avoids Fraud Finding and Receives Immigrant Visa Issuance

May 19, 2022

In April 2021, Enterline and Partners received an approval for a highly complex I-130 Petition. We are pleased to announce that our client was recently issued her immigrant visa. Following the I-130 Petition approval by the United States Citizenship and Immigration Services, our client’s file was sent to the National

USCIS Publishes Two New Forms for the EB-5 Regional Center Program

May 17, 2022

As anticipated, the United States Citizenship and Immigration Services (“USCIS”) has just released two new forms for use in the EB-5 Regional Center Program following the enactment of the EB-5 Reform and Integrity Act of 2022 (“Act”); the Form I-956, Application for Regional Center Designation, and I-956H, Bona Fides of Persons

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