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
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
A New York federal judge has issued a nationwide preliminary injunction against the U.S. Department of Homeland Security (DHS) from implementing a new rule regarding how the agency determines whether an immigrant would be considered a “public charge.” The decision by Judge George Daniels of the U.S. District Court for
U.S. President Donald Trump has issued a proclamation requiring intending immigrants to prove that they can afford health insurance as a prerequisite to being issued an immigrant visa at a U.S. Embassy or Consulate abroad. The proclamation does not affect existing lawful permanent residents, asylum seekers, refugees or children. The
Charlie Oppenheim, Chief of Visa Control and Reporting Division at the U.S. Department of State recently announced that the entire EB-3 visa category has become unavailable for the remainder of the 2019 Fiscal Year. When a visa category reaches its annual limits for the fiscal year, no additional visas may
David Enterline, Esq., of Enterline and Partners Consulting spoke at an EB-5 seminar at the Mira Central Park Hotel in Bien Hoa on August 11, 2019. In addition to introducing how to qualify for EB-5 investor visa and the overall process, Mr. Enterline further discussed upcoming changes to EB-5 visa
On 12 August 2019, U.S. Department of Homeland Security (DHS) announced the publication of its new rule on public charge. In addition to the long standing requirements that intending immigrants must be able to show that they are able to financially support themselves either through a sponsor, their own assets
In rare bit of positive news from the U.S. Citizenship and Immigration Service (USCIS), the agency has announced plans to maintain operations in seven international field offices in Beijing and Guangzhou, China; Nairobi, Kenya; New Delhi, India; Guatemala City, Guatemala; Mexico City, Mexico; and San Salvador, El Salvador. This is
U.S. immigration law classifies certain criminal offenses as a “crime involving moral turpitude” (CIMT). If a foreign national is convicted of a CIMT or admits to the commission of a CIMT whether the crime was committed in the United States or abroad, it may render him or her inadmissible to
Wednesday, July 31st, 2019, 10:00 am – Enterline and Partners Consulting Office, 1A Cong Truong Me Linh, District 1, HCMC As you know, the EB-5 Immigrant Investor Program Modernization regulation is scheduled to become effective on November 21, 2019. While some of the regulation is very clear, such as an
The EB-5 Immigrant Investor Program Modernization regulation was published in the Federal Register on July 24, 2019 and this final rule is scheduled to become effective on November 21, 2019. The most significant part of the final rule for investors is an increase to the minimum investment amount. The rule
As expected, the Final Action Date for Vietnamese EB-5 investors has retrogressed to match that of mainland-born Chinese. The U.S. Department of State Visa Bulletin for August 2019 now indicates that EB-5 visa applicants from China, Vietnam, and India will be subject to the same Final Action Date of October
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