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
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
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
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 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
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
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
The United States Citizenship and Immigration Services (“USCIS”) is updating its Policy Manual regarding maximum validity for Employment Authorization Documents (“EAD”) issued to certain non-U.S. citizens. Non-U.S. citizens (i.e. those in the United States without Green Cards) must have employment authorization in order to work legally inside the United States.
Enterline and Partners Consulting lawyers are members of the American Immigration Lawyers Association (“AILA”). It often provides helpful tips, updates and information to its lawyer members and for the public. AILA provides the following flyer to help clients with long-pending USCIS cases understand the broader context of current processing delays.
The U.S. Diversity Visa (DV) Lottery is real! Also known as the Green Card Lottery, the DV Lottery is a program administered by the U.S. Department of State that provides an opportunity for people from countries with low rates of immigration to the United States to obtain a U.S. permanent
We have previously written about what lawful permanent residents can do if their Form I-551 “Green Card” has been lost, stolen, or destroyed and they are outside of the United States. In these articles, we have mentioned obtaining a travel letter or ‘Boarding Foil,” so they may return to the
United States President Donald Trump has extended an earlier Presidential Proclamation restricting certain immigrant and nonimmigrant visa categories from consular processing in response to the growing COVID-19 pandemic. The Executive Order (“EO”), which was first issued in April 2020, restricted certain immigrant visa applicants from receiving their visas for at
We have covered several issues in our series on how to protect your lawful permanent resident status and green card if you have been outside the United States and have been unable to return because of COVID-19. COVID-19 Reference Guide If you are able to reenter within 1 year of
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.
The “Final Action Date” priority date for Vietnamese EB-5 investors moved forward slightly in the Department of State November 2020 visa bulletin from August 15, 2017 to September 1, 2017. The priority date indicates that any investors who filed their I-526 Petitions on or before September 1, 2017 now have
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
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
Are you a conditional permanent resident waiting for the approval of a Form I-829 Petition (for EB-5 immigrant investors) or a Form I-751 Petition (for spouses of U.S. citizens) to remove the condition from your permanent resident status but have not been able to return to the U.S. because of
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,
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
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