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Immigrant Visa

U.S. Consulate in Hong Kong Announces New Policy for Immigrant Visa Applicants

Beginning July 1, 2025, Immigrant Visa and K Fiancée Visa applicants who have not brought ALL the required documents to their interview will be turned away and required to reschedule their appointment. Applicants must present original civil documents, including police certificates, marriage and divorce certificates, and birth certificates, and make

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CDC Removes COVID-19 Vaccination Requirement for Immigrant Visa Applicants

Effective March 11, 2025, The United States Center for Disease Control (“CDC”) has removed from the technical instructions to panel physicians the requirement that immigrant visa applicants receive the COVID-19 vaccination.  Panel physicians will no longer determine that an immigrant visa applicant is ineligible for travel based on their failure

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USCIS Proposes to Collect Social Media Handles on Immigration Forms

The United States Citizenship and Immigration Services (“USCIS”) issued a 60-day notice and comment on a proposal to collect information pertaining to social-media handles and associated social media platform names from applicants in an effort to verify identification, streamline public safety screening and related inspections. The proposal, which was published

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Incoming Trump Administration Looks to Deport Migrants to Third-Party Countries

The incoming Trump administration is preparing a list of countries to which it may deport migrants if their home countries refuse to accept them, according to sources. These countries include Turks and Caicos, the Bahamas, Panama and Grenada. If implemented, it could result in thousands, if not hundreds of thousands

Federal Judge Strikes Down Parole-in-Place Program

A U.S. Federal Court Judge has struck down Parole-in-Place following an earlier decision granting the State of Texas and fifteen (15) other states an administrative stay two months ago. Judge J. Campbell Barker of the Eastern District of Texas ruled that the program, which would fast-track permanent residency to certain

David Enterline Receives I-829 Approval Award From IIUSA

David Enterline of Enterline and Partners was recognized by IIUSA as having obtained I-829 approvals for his EB-5 immigrant investor clients in 2020 and 2021.  David will be recognized along with a select group of EB-5 Regional Centers and experienced EB-5 attorneys successfully assisting their investors and clients. The award

What is Extreme Hardship in a Waiver Application?

One way immigrant visa applicants may be eligible for a waiver of a refused immigrant visa is to file a Form I-601 Waiver of Inadmissibility through the U.S. Citizenship and Immigration Services (“USCIS”) and  demonstrate that they have a qualifying U.S. relative (spouse or child) and who would suffer “extreme

USCIS Posts Notices Regarding the EB-5 Regional Center Program Petition Processing

The United States Citizenship and Immigration Services (“USCIS”) has posted several alerts on its EB-5 Immigrant Investor Program webpage updating the public on the status of Form I-526 and Form I-829 Petitions.  The alerts read: “Alert: We will continue to adjudicate Form I-829, Petition by Investor to Remove Conditions on Permanent Resident

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

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