Immigrant Visa

Biden Issues Presidential Proclamation Suspending Entry to Individuals Engaged in Significant Corruption

December 20, 2023

On December 11, 2023, U.S. President Joseph Biden issued Proclamation 10685, Suspension of Entry as Immigrants and Nonimmigrants of Persons Enabling Corruption (“Proclamation”). The Proclamation, which also includes immediate family members is intended to prevent individuals who engage in significant corruption from accessing the United States. The Proclamation, which is

USCIS Clarifies Sustainment Period Policy from the EB-5 Reform and Integrity Act of 2022

December 15, 2023

On October 12, 2023, the United States Citizenship and Immigration Services (“USCIS”) posted Questions and Answers to announce new policy following the passing of the EB-5 Reform and Integrity Act of 2022 (“RIA”) on March 15, 2022. With the Q&A, USCIS announces its interpretation of the sustainment period following the

What is the Adam Walsh Act Child Protection and Safety Act?

November 29, 2023

The Adam Walsh Child Protection and Safety Act of 2006 (“AWA”) is a U.S. federal statute that aims to protect children from sexual exploitation and violent crimes. The AWA was named after Adam Walsh, a child who was abducted and murdered in the State of Florida in 1981. Following young

What Happens If My Nonimmigrant Visa Is Revoked By CBP At The Port-of-Entry?

November 27, 2023

If your nonimmigrant visa (i.e. B-1/ B-2, F-1, etc.) is revoked by the U.S. Customs and Border Protection (“CBP”) Agency at a U.S. Port-of-Entry, it means that the CBP Officer determined that you are inadmissible to enter the United States. Once your nonimmigrant visa is canceled, you will not be

What is Humantarian Reinstatement of an I-130 Petition?

November 21, 2023

When the petitioner of an I-130 Petition for Alien Relative (“I-130 Petition”) dies, it typically has repercussions for the beneficiary(s) of that Petition. The fate of the Petition depends on the stage of where the Petition was at the time of the petitioner’s death. Before Petition Approval: If the petitioner

How Can I Expedite a Petition with USCIS?

November 17, 2023

Expediting a Petition (i.e. I-130 Petition for Alien Relative or I-129F Petition for Alien Fiancé or Fiancée) with the United States Citizenship and Immigration Services (“USCIS”) can be challenging. There are limited circumstances in which USCIS may consider expediting a Petition that is currently undergoing processing at one of its

A Child Born Outside The U.S. To A Lawful Permanent Resident May Not Need A Visa To Enter the United States

October 31, 2023

If you are a Lawful Permanent Resident (“LPR”) of the U.S. and you had a child born outside of the U.S., your child is not required to have an immigrant visa to travel with you to the United States if: The child was born during the LPR mother’s temporary visit

Enterline Obtains Approval Of A High Unemployment Area I-526E Petition Filed For An EB-5 Investor In 13 months

October 30, 2023

Enterline and Partners Consulting Managing Partner David Enterline has obtained approval from the United States Citizenship and Immigration Services (“USCIS”) Investor Program Office (“IPO”) of his EB-5 Investor’s Form I-526E Petition in 13 months. This investor’s I-526E Petition was based on an investment in a High Unemployment Area. The EB-5

USCIS Clarifies That The Owner Of A Sole Proprietorship Owner May Not Self-Petition For An L-1 Visa

October 26, 2023

The U.S. Citizenship and Immigration Services (“USCIS”) has issued policy guidance in the USCIS Policy Manual clarifying that a sole proprietorship may not file a Form I-129L Petition (“Petition”) on behalf of its owner because the sole proprietorship does not exist as a distinct legal entity separate and apart from

USCIS Issuing Five-Year Advance Parole to Applicants Who May Be Eligible for Five-Year EADs

October 24, 2023

American Immigration Lawyers Association (“AILA”) members, of whom Enterline and Partners Consulting lawyers are also members, have reported that the United States Citizenship and Immigration Services (“USCIS”) has begun issuing five-year Advance Parole documents to applicants valid for five years. This is apparently for individuals who are now eligible for

U.S. Center for Disease Control to Require COVID Testing for Passengers from China

December 30, 2022

The U.S. Center for Disease Control (“CDC”) has announced that it will implement a requirement for a negative COVID-19 test or documentation of recovery for air passengers boarding flights to the United States originating from the People’s Republic of China (“PRC”) and the Special Administrative Regions of Hong Kong and

USCIS Updates its Policy to Automatically Extend Green Cards for Naturalization Applicants

December 15, 2022

Effective December 12, 2022, the U.S. Citizenship and Immigration Services (“USCIS”) updated the USCIS Policy Manual to allow it to automatically extend the validity of Permanent Resident Cards (commonly called “Green Cards”) for lawful permanent residents who have applied for naturalization to become U.S. citizens. This update is expected to

David Enterline Speaks at EB-5 Seminar in Ho Chi Minh City, Vietnam in November 2022

December 12, 2022

David Enterline was again invited by American Venture Solutions Regional Center (AVS) to speak at its latest seminar in Ho Chi Minh City, Vietnam on November 20, 2022. Mr. Enterline discussed the provisions of EB-5 law as a result of the EB-5 Reform and Integrity Act of 2022 that was

Changing Immigrant and K-1 Visa Processing Venues for LGBT Applicants

December 5, 2022

The United States Department of State (“DOS”) in coordination with the American Immigration Lawyers Association, Department of State Liaison Committee (“AILA DOS Liaison”) recently published an advisory on changing venues for immigrant and K-1 visa processing for LGBT (Lesbian Gay Bi Transgender) applicants. Since the United States Supreme Court issued

Petition and Application Filing Tips from USCIS

November 22, 2022

Are you considering filing a petition or application for a U.S. visa or immigration benefit? These tips may help. The United States Citizenship and Immigration Services (“USCIS”) updated its website with Recommendations for Paper Filings to Avoid Scanning Delays. Published on November 16, 2022, these filing tips are very useful

Partial Investments in the EB-5 Immigrant Investor Program

October 31, 2022

The EB-5 immigrant investor regulations allow an investor to make a partial investment at the time of filing the Form I-526 and Form I-526E, Immigrant Petition by an Investor and to make the remaining investment at a later date. This is confirmed by the United States Citizenship and Immigration Services

USCIS Extends Flexibility for Responding to Agency Requests Through January 2023

October 26, 2022

The U.S. Citizenship and Immigration Services (“USCIS”) is extending certain COVID-19-related flexibilities through January 24, 2023. The flexibilities, which have been extended multiple times, the latest in March 2022 and again in October 2022 are to assist applicants, petitioners, and requestors have more time to reply to various USCIS requests.

Enterline and Co-Counsel Obtain More I-829 Petition Approvals from Writ of Mandamus Action against USCIS

October 13, 2022

On October 6th and 7th, 2022, the United States Citizenship and Immigration Services (“USCIS”) approved two more Form I-829, Petitions by Entrepreneur to Remove Conditions on Permanent Resident Status (“I-829 Petition”) because of filings in Federal Court seeking Writs of Mandamus. The approvals came less than 2 months after filing

USCIS Announces New Public Charge Rule on Inadmissibility to go into Effect December 23, 2022

October 11, 2022

The U.S. Citizenship and Immigration Services (“USCIS”) has announced its final rule for the public charge ground of inadmissibility to go into effect on December 23, 2022. USCIS will begin to apply the new rule to applications postmarked on or after that date. Until then, USCIS will continue to apply

USCIS Extends Green Card Validity to 24 Months for Green Card Renewals

October 6, 2022

The United States Citizenship and Immigration Services (“USCIS”) announced it will automatically extend Lawful Permanent Resident (“LPR”) Form I-551 “Green Cards” from 12 months to 24 months to an LPR who files a Form I-90, Application to Replace Permanent Resident Card (“Form I-90.”). Form I-90 is used for many purposes

CATEGORY

Supreme Court Hands the Trump Administration a Partial Victory in Ongoing Birthright Citizenship Litigation

When Do Sponsor Obligations End Under Form I-864?

United States Announces New Visa Policies Targeting Chinese Nationals

U.S. Consulate in Hong Kong Announces New Policy for Immigrant Visa Applicants