The White House has given the approval for a pilot program allowing a limited number of foreign nationals who are in the United States on H-1B nonimmigrant visas to renew their visas without having to leave the country. The United States Department of State indicated that the pilot program, RIN
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
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
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
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
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
The U.S. Department of State (DOS) has released its visa issuance statistics for July, August and September 2018. Immigrant Visas For Vietnamese nationals, a total 2,637 immigrant visas were issued in July; 3,836 were issued in August; and 2,393 were issued in September. July: Only 83 of the immigrant
Is a Final Rule Coming on Changes to EB-5, Especially an Increase to the Minimum Investment Amount? The answer: Maybe. Currently, any change to the US$500,000 minimum investment amount in a Targeted Employment Area (proposed increase to US$1,350,000) would require the publication of the Final Rule for the related “EB-5
The U.S. Department of Homeland Security (DHS) recently announced that it will define the term “public charge” for immigration purposes. Currently, interviewing consular officers at U.S. Embassies and Consulates are authorized to refuse a visa if it is in their opinion that they are likely to become a public charge.
Last week, U.S. Department of State – Bureau of Consular Affairs published the October Visa Bulletin. The EB-5 Regional Center category has been listed as “U” meaning unauthorized for issuance. This is because the Immigrant Investor Program (aka Regional Center Program) is set to expire on September 30, 2018. The
USCIS announced an increase in the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, beginning on October 1, 2018. The premium processing fee will increase to $1,410. This increase will affect any L-1 and EB-1C petitions that our clients
United States Citizenship and Immigration Services (USCIS) August 9, 2018 policy memorandum revises the calculation of unlawful presence of those under F, J, or M nonimmigrant visa status and their dependents during their stay in the United States. Under the new memorandum, those holding F, J, or M visas who
In a new policy memorandum issued by the United States Citizenship and Immigration Services (USCIS) last July 13, 2018, USCIS adjudicators are given discretion to deny applications, petitions, or requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if the initial evidence is
Vietnamese spouses of U.S. citizens are generally eligible for green cards and eventually U.S. citizenship based on their marriage. In general, a person may only be naturalized after showing that they have resided in the United States as a green card holder for a certain prescribed period of time. However,
A series of small moves concerning the Trump Administration’s immigration policy have recently been undertaken. CNN reports the following actions made by the administration: Attorney General Jeff Sessions has issued a Decision directing the Board of Immigration Appeals (BIA) to refer cases for his review when such cases have issues
Every year, hundreds of thousands of Vietnamese apply for a U.S. visa, whether it be for tourist purposes or to become an immigrant in order to live out the American dream. However, some have found the process to be too long or the risk of denial to be too great.
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