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
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
U.S. Citizenship and Immigration Services (“USCIS”) will extend the suspension of in-person services at field offices, asylum offices and application support centers through April 7, 2020. The USCIS had originally cancelled in-person operations on March 18th and was expected to recommence on April 1st in an effort to help contain
U.S. Citizenship and Immigration Services (“USCIS”) announced that it will accept benefit forms and documents with reproduced original signatures for submissions dated March 21, 2020 and thereafter. The policy change was made in response to the Coronavirus National Emergency declared by President Donald Trump on March 13, 2020. While USCIS
U.S. Citizenship and Immigration Services (“USCIS”) has temporarily suspended its premium processing option for all Form I-129 and I-140 petitions until further notice due to the ongoing efforts to contain the spread of the Coronavirus. Petitions using a Form I-907, Request for Premium Processing accepted prior to March 20, 2020
As of March 18th, all United States Citizenship and Immigration Services (“USCIS”) in-person services at all field offices, asylum offices and Application Support Centers (“ASC”) are suspended in an effort to contain the spread of the Coronavirus. In-person services are scheduled to resume on April 1st. USCIS field offices will
The U.S. Embassy in Hanoi and the U.S. Consulate in Ho Chi Minh City has announced that all routine visa interviews will be cancelled as of March 19th in an effort to impede the spread of the Coronavirus. Applicants with an urgent travel matter may request an expedited appointment which
In light of the Philippines government decision to impose a city-wide lockdown around Metro Manila to contain the Coronavirus, the U.S. Embassy has announced that all immigrant and non-immigrant visa interviews have been cancelled as of March 16, 2020. Visa interviews will resume as soon as possible. More information can
The new public charge rule requires immigrant and non-immigrant visa applicants to provide a detailed DS-5540 public charge questionnaire in order to determine whether they are likely to become a public charge at any time in the future. While a K-1 visa is officially a non-immigrant visa allowing for single
On February 24, 2020, the U.S. Citizenship and Immigration Services will implement the agency’s new rules for inadmissibility on public charge grounds. The final rule outlines some of the criteria on how the Department of Homeland Security (“DHS”) will determine whether a foreign national is inadmissible to adjust status from
The U.S. Department of State (“DOS”) which oversees the visa adjudication process at U.S. Embassies and Consulates has not released any formal statement indicating that the 2019 Novel Coronavirus has resulted in the suspension of consular operations. A recent social media posting purported to be an official statement from the
The United States Department of State (“DOS”) is scheduled to release new guidelines giving consular officers further discretion to determine whether women who are applying for a B-1/ B-2 visitor visa primary purpose is to give birth in the United States. It is unclear how consular officers at U.S. Embassies
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