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
A 214(b) refusal in U.S. immigration law refers to a specific section of the Immigration and Nationality Act (“INA”) that is often cited when a U.S. consular officer denies a nonimmigrant visa application. This section applies primarily to individuals applying for visitor visas (B-1 for business visitors and B-2 for
Most countries require foreign nationals to have a passport valid for at least six (6) months prior to the date of entry. The U.S. also has similar rules for entry and also for the issuance of a visa. While many countries have agreements with the United States whereby their national’s
With the ongoing political deadlock in Washington D.C., Congress has been unable to pass any of the spending bills needed to keep the U.S. Government open beyond September 30, 2023. Unless any of the spending bills are passed and signed into law, funding for government agencies will run out of
The U.S. Department of State (“DOS”) has announced that all receipts for payment of Machine-Readable Visa (“MRV”) fees issued before October 1, 2022 will expire September 30, 2023. There will be no extensions of fee validity. Applicants must schedule an appointment or submit an interview waiver application before September 30,
The United States Citizenship and Immigration Services (“USCIS”) recently launched a new online form allowing individuals, attorneys, and accredited representatives to request an in-person meeting at their local field offices without having to call the USCIS Contact Center. The new online appointment request form enables both individuals and their legal
The family-based third preference immigrant visa category (“F3”) is a type of visa available to U.S. citizens who are looking to bring their married children to the United States. This immigrant visa category is in high demand and there are yearly quotas for visas. As a result, the waiting period
A Lawful Permanent Resident (“LPR”) or “Green Card Holder” can become a U.S. citizen through naturalization if they generally meet certain requirements. LPR Status/ Green Card Holder Status. You must be an LPR/ Green Card Holder at the time of filing for naturalization. You must have also maintained their LPR/
The United States Immigration and Citizenship Services (“USCIS”) has posted another Alert regarding the EB-5 immigrant investor visa. We post the complete Alert here for convenience. “On June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the EB-5 Immigrant
One day after announcing its policy on handling EB-5 immigrant investor petitions and applications, the United States Citizenship and Immigration Services (“USCIS”) has reversed its decision on accepting Form I-485, Application to Register Permanent Residence or Adjust Status (“Form I-485”). The updated “Alert” with this change has been posted on
The United States Citizenship and Immigration Services (“USCIS”) has posted an “Alert” on its “Approved EB-5 Immigrant Investor Regional Centers webpage”. The Alert explains how the USCIS will handle relevant petitions and applications following the sunset of the Immigrant Investor “Regional Center” Program (the “Program”). We emphasis herein guidance related
The EB-5 Immigrant Investor “Regional Center” Program (“Program”) will lapse on June 30, 2021 due to the failure of the U.S. Congress to reauthorize or extend it before the expiration date. Because the Senate has adjourned for recess until July 12, 2021, the Program will remain unavailable as no legislation
Update: The Department of State has updated their triad approach. For more information, click here. After enduring the COVID-19 pandemic for over a year, most U.S. embassies and consulates are not operating at full capacity. Due to limited appointment availability, a significant backlog was created for immigrant (IV) and nonimmigrant visa
The U.S. Citizenship and Immigration Services (“USCIS”) has issued new policy guidance in the USCIS Policy Manual to address the circumstances in which officers should issue Requests for Evidence (“RFEs”) and Notices of Intent to Deny (“NOIDs”). In 2013, USCIS published guidance instructing officers to issue RFEs in cases involving
On June 22, 2021, Judge Jacqueline Scott Corley of the U.S. District Court of the Northern District of California issued an order granting summary judgment in favor of the plaintiff, Behring Regional Center, in the lawsuit Behring filed against the Department of Homeland Security (“DHS”). The order was given in the matter of Behring
With the COVID-19 pandemic still ongoing and having a profound impact on families being separated by travel restrictions, engaged couples from around the world are becoming more creative in solemnizing their marriage vows. What was once a little-known concept used more often by military couples while the U.S. citizen was
The October 2019 Presidential Proclamation requiring incoming immigrants to have health insurance has been revoked by the White House. The Executive Order (“EO”) signed by then President Donald Trump required incoming immigrants to demonstrate that they will have health insurance within 30 days of their arrival in the United States.
In most cases, the family member of a principal EB-5 Petitioner, called a “dependent” or “beneficiary”, can delay his or her visa application to immigrate to the U.S. until a later date if the conditions for eligibility are still in place in the future. The decision for a spouse to
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