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

Are you a Conditional Permanent Resident outside the United States because of Covid-19: I-829 and I-751?

October 9, 2020

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

New Increased USCIS Filing Fees for EB-5 Investors

October 1, 2020

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?

September 27, 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

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?

September 24, 2020

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

What Could Happen to My Green Card if I am Outside the United States for More than 180 Days Due to COVID-19 Travel Restrictions?

September 23, 2020

There are many reasons why a lawful permanent resident (“LPR”) would remain outside the United States for more than 180 days. However, staying outside the U.S. for a long period could result in the U.S. government taking the position that an LPR has abandoned his or her intent to live

Update on Visa Chargeability for Hong Kong Persons from the President’s Executive Order

September 12, 2020

Since the President’s July 14, 2020 Executive Order on Hong Kong Normalization there has been much concern and confusion about whether and how the Executive Order impacts persons born in Hong Kong. The issue is whether the Executive Order makes individuals born in Hong Kong subject to visa chargeability of

Important Notice for K Visa Applicants Affected by COVID-19

September 2, 2020

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

August 12, 2020

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

August 7, 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: Federal Judge Temporarily Blocks DOS and DHS from Implementing Public Charge Inadmissibility

August 4, 2020

A United States federal judge issued a nationwide injunction temporarily blocking the Department of State (“DOS”) and the Department of Homeland Security (“DHS”) from enforcing Public Charge inadmissibility in response to the COVID-19 pandemic. Judge George McDaniels of the United States District Court for the Southern District of New York

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