As of May 6, 2019, the U.S. Department of State’s (DOS) new rules went into effect concerning consular officers recommending a waiver if a nonimmigrant visa applicant is ineligible under Section 212(d)(3)(A)(i) of the Immigration and Nationality Act (INA). Under the new rule, consular officers will be required to refer
American visa validity depends on a person’s nationality. For example, Vietnamese citizens are given a maximum of a one-year multiple-entry visa. Other neighboring countries such as the Philippines and Thailand are eligible for a maximum of 10 years multiple-entry visas while Cambodian citizens receive up to three-months double entry validity.
Part 1 – a communicable disease of public health significance This is a common question we are asked. This Part 1 of a series discusses what medical conditions might cause a person to be denied an immigrant visa. The United States Immigration and Naturalization Act (the “Act”), Section 212(a)(1) prescribes
While the consular officer has the authority to ask a very broad range of questions, here is a list of 20 possible questions that may come up. Why are you traveling to the U.S.? Do you have any relatives in the U.S.? Have you ever applied for a U.S. visa
In order to be issued a U.S. visa, you must apply directly through either the U.S. Embassy in Hanoi or the U.S. Consulate in Ho Chi Minh City. All applicants are required to fill out a DS 160 online application and pay the visa processing fee. The fee depends on
When your Vietnamese fiance undergoes his or her interview at the U.S. Consulate in Ho Chi Minh City for a K-1 visa, the interviewing consular officer will ask him or her questions regarding your relationship. While the number of questions, as well as the amount of detail, will vary according
A common question asked by potential clients is do you need an immigration lawyer to file a K-1 visa for your Vietnamese fiance? The short answer is no, you do not need a lawyer. However, having a lawyer represent you and your fiance through the process has advantages. An immigration
One key requirement to qualify for the K-1 non-immigrant visa for when a United States Citizen, the petitioner, wants to sponsor a foreign partner to immigrate to the U.S., is that the citizen and foreign spouse must physically meet within 2 years prior to filing the I-129 Petition with the
While this recent op-ed (opinion-editorial) article in the Los Angeles Times, focuses on President Trump and his ongoing war with the U.S. and Mexico border and its illegal immigration issues, the article points out that the Trump administration has, according to the American Immigration Lawyers Association (AILA), radically slowed the
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
The L-1A visa is a non-immigrant visa category for multinational companies to transfer qualified employees from a foreign company to a U.S.-based office in an executive or managerial capacity. There are two key relationships that can exist between the foreign company and the U.S. company to qualify for an the
In the United States, maintaining accurate and up-to-date records is crucial for individuals holding Lawful Permanent Resident status and those on nonimmigrant visas or in other status. The U.S. Citizenship and Immigration Services (“USCIS”) requires that foreign nationals promptly update their address whenever they move. Importance of Address Updates: The
The United States Citizenship and Immigration Services (“USCIS”) will increase Form I-907, Request for Premium Processing filing fees. After leaving these fees unchanged for three (3) years, the charges for certain premium processing cases will increase from $1500 to $1685, $1750 to $1965, and $2500 to $2805, depending on the
The United States Department of State (“DOS”) has consular officers’ authority to waive in-person interviews for certain nonimmigrant visas from January 1, 2024 through December 31, 2024. The announcement, which was made on December 21, 2023 replaces the previous policy extending nonimmigrant visa waivers through December 31, 2023 and allows
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
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