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
As of April 2022, the United States Customs and Border Protection Agency (“CBP”) implemented its “Simplified Arrival” program at all Ports of Entry inclusive of 238 airports, 34 seaports, and land ports. As part of that program, in August 2022 CBP implemented a pilot program called “Stampless Entry” to eliminate
The United States Department of State (“DOS”) has confirmed that previously proposed nonimmigrant visa fees will now go into effect on June 17, 2023. Visa application fees for visitor visas for business or tourism (B-1/B-2s and BCCs), and other non-petition based NIVs, such as student and exchange visitor visas (F,
The United States Department of State will delay increasing certain nonimmigrant visa application fees until June 17, 2023. The key fee changes implemented by the rule are as follows: Non-petition-based nonimmigrant visa applications including B-1/ B-2 Visitor Visas and J-1 Student Exchange Visas will be raised from $160 to $185.
Effective May 11, 2023, international air passengers departing for the United States will no longer be required to present proof of a COVID-19 vaccine as a prerequisite to board a flight to the United States. The new policy, which comes almost a year after the United States ended its requirement
Both an I-134 Affidavit of Support and an I-864 Affidavit of Support are legal documents used by U.S. consular officers to demonstrate an agreement to provide financial support for a foreign national within the U.S. immigration system. However, there are some notable differences between the two documents. An I-134 Affidavit
Effective May 30, 2023, the United States Department of State (“DOS”) will be increasing certain nonimmigrant visa application fees. Fees for B-1/ B-2 Visitor (Tourist and Business) Visas and J-1 Student and Exchange Visas will increase from US$160 to $185. The DOS will increase fees for certain petition-based nonimmigrant visas
The U.S. Center for Disease Control (“CDC”) has rescinded a policy that air passengers boarding flights to the United States originating from the People’s Republic of China (“PRC”) and the Special Administrative Regions of Hong Kong and Macau have a negative COVID-19 test or documentation of recovery. The policy, which
Enterline and Partners recently obtained an approval for a Philippine client based on his investment of US$70,000 into a new business in the United States. This is a relatively small investment for an E-2 Treaty Investor visa and demonstrates that a “totality of the evidence and the business” is very
The U.S. Center for Disease Control (“CDC”) has announced that it will implement a requirement for a negative COVID-19 test or documentation of recovery for air passengers boarding flights to the United States originating from the People’s Republic of China (“PRC”) and the Special Administrative Regions of Hong Kong and
The United States Department of State (“DOS”) has extended DOS consular officers’ authority to waive in-person interviews for certain nonimmigrant visa categories through December 31, 2023. The announcement made on December 23, 2022 replaces the previous policy extending nonimmigrant visa waivers through December 31, 2022 and allows DOS consular officers
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