Lawful Permanent Residents and Other Foreign Nationals of the United States Must Always Update Their Address if They Move

January 16, 2024

In the United States, maintaining accurate and up-to-date records is crucial for individuals holding Lawful Permanent Resident status and those on nonimmigrant visas or in other status. The U.S. Citizenship and Immigration Services (“USCIS”) requires that foreign nationals promptly update their address whenever they move. Importance of Address Updates: The

USCIS Announces Inflation Adjustment to Premium Processing Fees

January 5, 2024

The United States Citizenship and Immigration Services (“USCIS”) will increase Form I-907, Request for Premium Processing filing fees. After leaving these fees unchanged for three (3) years, the charges for certain premium processing cases will increase from $1500 to $1685, $1750 to $1965, and $2500 to $2805, depending on the

DOS Extends Nonimmigrant Visa Interview Waivers Through 2024

December 27, 2023

The United States Department of State (“DOS”) has consular officers’ authority to waive in-person interviews for certain nonimmigrant visas from January 1, 2024 through December 31, 2024. The announcement, which was made on December 21, 2023 replaces the previous policy extending nonimmigrant visa waivers through December 31, 2023 and allows

White House Announces Pilot Program for H-1B Stateside Renewals

December 22, 2023

The White House has given the approval for a pilot program allowing a limited number of foreign nationals who are in the United States on H-1B nonimmigrant visas to renew their visas without having to leave the country. The United States Department of State indicated that the pilot program, RIN

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

The Public Charge Rule – A Summary from the American Immigration Lawyers Association

January 30, 2023

EB-5 Immigrant Investor Fees to Increase for Investors and Regional Centers

January 12, 2023

The Department of Homeland Security (“DHS”) published a Notice of Proposed Rule-Making (“NPRM”) to adjust fees for various immigration benefits provided by the United States Citizenship and Immigration Services (“USCIS”). Included in the NPRM are proposed fees for many forms used under the EB-5 Immigrant Investor Program (“EB-5 Program.”). Fees

EB-5 “Promoters” and “Migration Agents” Now Required to Register with USCIS

January 10, 2023

On January 4, 2023, the U.S. Citizenship and Immigration Services (“USCIS”) published Form I-956K, Registration for Direct and Third-Party Promoters which is now required to be completed and filed by any person or company that is acting as a direct or third-party promoter or migration agent (a “Promoter”) of: A

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.

Immigrant Visa

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