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Immigrant Visa

How Long Do I Have to Wait for My EB-5 Petition to Be Approved?

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 investor visa category. First, an investor files a

EB-5 Immigrant Investor Program Extension

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

New EB-5 Regulations Effective as of November 21, 2019

On Thursday November 21, 2019, the “EB-5 Immigrant Investor Program Modernization Rule” went into effect 120 days after the final rule was published. The final rule makes regulatory changes to the EB-5 Regional Center Program as we have written previously (Regulation change to EB-5 will increase the minimum investment to

USCIS to Increase Premium Processing Filing Fees for Forms I-129 and I-140

U.S. Citizenship and Immigration Services (USCIS) is scheduled to increase premium processing filing fees from US$1410 to US$1440. The increase, which is scheduled to take effect on December 2, 2019, reflects the full amount of inflation from the implementation of premium processing fees in June 2001 through August 2019. The

What Happens to a Lawful Permanent Resident if They Have Been Outside the United States for More than One Year Because of COVID-19 Travel Restrictions?

Due to significant travel and movement restrictions caused by the COVID-19 pandemic, Lawful Permanent Residents (“LPR”’) have found themselves stranded abroad and thus unable to travel to the United States despite not having the intention of abandoning their LPR status.   All permanent residents receive an identification called a Form I-551

Important Notice for K Visa Applicants Affected by COVID-19

Effective August 28, as it becomes safe to resume more consular operations at the U.S. Embassy in Manila and the U.S. Consulate in Ho Chi Minh City, posts are authorized to give K visa cases high priority. Applicants should check https://www.ustraveldocs.com/ph/ (Philippines) and http://cdn.ustraveldocs.com/vn/ (Vietnam) for updates. The I-129F Petition

DOS Provides Update on Public Charge Inadmissibility Following Temporary Injunction

DOS Provides Update on Public Charge Inadmissibility Following Temporary Injunction Following a nationwide injunction issued by a federal judge temporarily blocking Public Charge inadmissibility from being enforced due to the COVID-19 pandemic, the United States Department of State (“DOS”) will be updating its guidance to consular officers on how to

Announcement: USCIS Filing Fee Changes to Become Effective on October 2, 2020

The United States Citizenship and Immigration Services (“USCIS”) has posted for public inspection an advanced copy of a final rule that will significantly alter many fees the USCIS charges for services, including adding new fees, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain

Announcement: CDC Issues One Month Extension on Immigrant Visa Medical Evaluations

The United States Centers for Disease Control (“CDC”) has approved a one-month extension on medical evaluations conducted for immigrant visa applications between January 1, 2020 and June 30, 2020.  Immigrant visa applicants who obtained medical clearances as well as those who had their immigrant visas issued but were unable to

Hong Kong Born Nationals Facing Long Wait Times for Immigrant Visas

On July 14, 2020 President Trump signed the Hong Kong Autonomy Act of 2020 and at the same time signed The President’s Executive Order on Hong Kong Normalization. The intent of this Executive Order (“EO”) is to suspend or eliminate different and preferential treatment for Hong Kong, including the treatment

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