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/
For many people who are immigrating to the United States, the Department of State (“DOS”) Visa Bulletin is the most important document to watch each month. The Visa Bulletin helps immigrant visa applicants understand their place in line for a visa. Although checking the Visa Bulletin is an essential step
Family-based immigration is an important aspect of the United States immigration system, which allows citizens and lawful permanent residents to sponsor their immediate relatives to immigrate to the United States. One of the family-based immigrant visa categories is the Family-Based Second Preference immigrant visa category, commonly abbreviated as F2A and
The United States Citizenship and Immigration Services (“USCIS”) has issued policy guidance for rescheduling biometric appointments at Application Support Centers (“ACS”). The new policy highlights include the following: Rescheduling requests must be made online through myUSCIS or by calling the USCIS Contact Center. The USCIS will not accept rescheduling requests
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
In a recent announcement from the United States Department of State (“DOS”), the Bureau of Consular Affairs reaffirmed its commitment in providing the current status of worldwide immigrant and nonimmigrant visa processing operations. Specifically, DOS has been updating the public on how embassies and consulates affected by the COVID-19 pandemic
The following is guidance provided by the American Immigration Lawyers Association (“AILA”) for attorneys and their clients to better understand the travel issues for permanent residents during the COVID-19 pandemic. Enterline and Partners attorneys are proud to be active AILA members and to share this information with you. Travel restrictions
What is an I-864 Affidavit of Support? A USCIS Form I-864 Affidavit of Support is required for many immigrant visa categories in order to show that the sponsoring petitioner (“Sponsor”) has adequate means to financially support the person(s) being sponsored to immigrate. The I-864 Affidavit of Support is a contract
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