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Immigrant Visa

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

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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.

What is an I-131A visa and will it allow me to reenter the United States?

An I-131A visa is for lawful permanent residents (“LPR”) whose Form I-551 “green card” was lost, stolen or destroyed while traveling outside the United States, or whose green card has expired, and who have been outside the U.S. for less than one year.  Such LPRs can apply at a U.S.

Persons from Hong Kong Not Yet Subject to China Visa Allocation

At a recent IIUSA EB-5 Forum, Charles Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State (“DOS”) – the man who decides the DOS Visa Bulletin every month – responded to a question regarding visa allocation for persons from Hong Kong. The question

Department of State Announces Plans to Resume Routine Visa Services

The United States Department of State (“DOS”) has announced that routine visa processing at Embassies and Consulates will resume on a post-by-post basis consistent with DOS’s guidance for safely returning to the full services. As on the ground conditions improve, DOS will begin providing services leading to the eventual full

New Increased USCIS Filing Fees for EB-5 Investors

Update: Between the writing and publication of this article, a federal judge granted a motion for a preliminary injunction against the U.S. Citizenship and Immigration Services (USCIS) fee rule discussed herein.  As long as this preliminary injunction is in place, the existing fees remain as before. Effective October 2, 2020,

Will U.S. Immigration Services Offer Special Relief to Permanent Residents Who Return to the United States After Being Abroad for More Than One Year Due to the COVID-19 Pandemic?

The U.S. Customs and Border Protection Agency (“CBP”) has not announced any special relief  to a lawful permanent resident (“LPR’) who has remained outside the United States for more than one year because of  COVID-19 travel and movement restrictions. Currently, a LPR who was remained outside the United States irrespective

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

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