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Immigrant Visa

What Does A 214(b) Refusal Mean in U.S. Immigration Law?

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

How Long Does My Passport Have to Be Valid Before Being Issued a U.S. Visa?

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

Covid-Era Visa Application Fee Receipts Set to Expire on September 30, 2023

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,

USCIS Launches New Online Appointment Request Form

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

How Can a Lawful Permanent Resident Green Card Holder Become a U.S. Citizen?

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/

Why Did My Priority Date Jump Backwards in the Visa Bulletin?

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

USCIS Publishes New Guidance on Scope of Evidence in Cases of Extraordinary Ability

The U.S. Citizenship and Immigration Services (“USCIS”) has updated its Policy Manual to provide guidance on the type of “published material” that persons applying for an Employment Based First Preference Immigrant Visa category (“EB-1”) can present as evidence when applying for the visa category. Persons with “extraordinary ability in the

Waivers for Immigrant Visa Applicants Refused for Criminal History

Immigrant visa applicants who have a criminal history often face significant obstacles in being able to immigrate to the United States.  Immigrant visa applicants who have been found guilty of a “Crime Involving Moral Turpitude” (“CMIT”) are ineligible to immigrate to the United States and obtain a “green card”. Even

EB-5 Reform and Integrity Act of 2022

The EB-5 Reform and Integrity Act of 2022 (“Act”) was passed by Congress and signed by President Biden on March 15, 2022.  Most of the provisions of the Act will become effective 60 days from enactment, which will be the middle of May 2022.  The Act includes many changes to

What is the Doctrine of Consular Nonreviewability?

The doctrine of consular nonreviewability refers to visa decisions decided by consular officers at U.S. Embassies and Consulates cannot be appealed to courts within the United States. The doctrine applies very broadly to decisions made by consular officers whether they apply to foreign nationals who have been refused an immigrant

No Changes to EB-5 Category in the March 2022 Visa Bulletin

The Department of State (“DOS”) March 2022 visa bulletin continues to show EB-5 regional center visa categories (I5 and R5) unavailable (U) because the EB-5 regional center program remains expired. Read more: the regional center program (“Program”) having lapsed on June 30, 2021. Visas in non-regional center visa categories (C5

Vietnamese Names Listed Incorrectly on U.S. Visas and Green Cards

There has always been a challenge with some U.S. government offices incorrectly listing Vietnamese citizen’s names on government documents such as visas and Form I-551 “Green Cards” because Vietnamese passports list names in order of last name (or “family name” or “surname”) followed by middle name then first name. This

Status of the EB-5 Regional Center Program in January 2022

Six months have passed since the EB-5 Regional Center Program (“Program”) expired and Congress has still not taken any steps towards its renewal.  Originally enacted in 1993, the Program was a pilot, or test, program and was never made permanent.    The Program had been extended on a regular basis for

Enterline and Partners Successfully Expedites CR-1 Visa Through DCF Proxy Marriage

The COVID-19 Pandemic has in no doubt permanently altered the way business is done across many industries and professions. From international borders closures to internal movement control orders, activities and transactions which were once routine and seamless are now complex and difficult. Despite all of the hardship caused by the

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