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

Announcement: All Routine U.S. Visa Interviews in Vietnam Cancelled

March 19, 2020

The U.S. Embassy in Hanoi and the U.S. Consulate in Ho Chi Minh City has announced that all routine visa interviews will be cancelled as of March 19th in an effort to impede the spread of the Coronavirus. Applicants with an urgent travel matter may request an expedited appointment which

Announcement: All Visa Interviews at the U.S. Embassy in Manila are Cancelled

March 16, 2020

In light of the Philippines government decision to impose a city-wide lockdown around Metro Manila to contain the Coronavirus, the U.S. Embassy has announced that all immigrant and non-immigrant visa interviews have been cancelled as of March 16, 2020. Visa interviews will resume as soon as possible. More information can

National Interest Waivers for EB-2 Applicants

March 16, 2020

The Employment Based Second Preference Immigrant Visa Category (EB-2) Advanced Degree Holder and Person of Exceptional Ability with National Interest Waivers. Previously we wrote about the qualifications for an Employment Based Second Preference (EB-2) Immigrant Visa which is for persons who have an advanced degree or persons with exceptional ability

Will K-1 Visa Applicants Be Required to Provide a DS-5540 Public Charge Questionnaire?

March 9, 2020

The new public charge rule requires immigrant and non-immigrant visa applicants to provide a detailed DS-5540 public charge questionnaire in order to determine whether they are likely to become a public charge at any time in the future. While a K-1 visa is officially a non-immigrant visa allowing for single

Insight into the EB-5 China final action date forward movement in the March 2020 visa bulletin

March 6, 2020

Why did the EB 5 China final action date jump forward in the March 2020 visa bulletin? There have been a number of questions as to why the final action date for EB-5 investors from China leaped forward 4.5 months in the March visa bulletin. United States Department of State’s

Department of State to Implement Inadmissibility on Public Charge Grounds as of February 24, 2020

March 4, 2020

Following the Department of Homeland Security (“DHS”) lead, the U.S. Department of State (“DOS”), which oversees consular processing for immigrant and non-immigrant visas at U.S. Embassies and Consulates, has implemented its new public charge rule as of February 24, 2020. Immigrant visa applicants will be required to complete a Form

March Visa Bulletin Sees Great Leap Forward for Chinese EB-5 Investors

February 25, 2020

The U.S. Department of State (“DOS”) March visa bulletin is out and in a big surprise, the Final Action Date priority date [link to article] for Chinese EB-5 investors leaped forward by 5 months, from December 1, 2014 in February to May 15, 2015. We are looking forward to reading

Enterline and Partners to Speak at Regional Conference

February 21, 2020

Ryan Barshop and David Enterline of Enterline and Partners will speak at the American Immigration Lawyers Association (“AILA”), Bangkok District Chapter (“BDC”), “8th Annual Consular Processing Conference” in Taipei, Taiwan. AILA is an international organization of more than 15,000 attorneys and law professors who practice and teach immigration law. Ryan

USCIS Updated Policy Alert Concerning Direct Consular Filing at U.S. Embassies and Consulates

February 17, 2020

U.S. Citizenship and Immigration Services (“USCIS”) released an updated policy memorandum advising the Department of States (“DOS”) on adjudicating Form I-130 Petitions for Alien Relatives at U.S. Embassies and Consulates through Direct Consular Filing (“DCF.”) The policy memorandum clarifies that USCIS will no longer accept and adjudicate routine I-130 Petitions

What is Lawful Source of Funds and Path of Funds for an EB-5 Immigrant Investor?

February 5, 2020

The investment capital that an EB-5 Investor may use for his or her investment, called the “lawful source of funds” (“SOF”), can come from any source as long as the investor can prove that the capital or funds were obtained lawfully. Some common SOF are salary and bonus income, dividends

CATEGORY

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