The United States immigration system is designed to ensure that individuals seeking to enter the country do so lawfully and with genuine intentions. As part of this effort, one factor that U.S. immigration law considers is the concept of “preconceived intent”: the intention of individuals to engage in activities that
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The U.S. Center for Disease Control (“CDC”) has rescinded a policy that air passengers boarding flights to the United States originating from the People’s Republic of China (“PRC”) and the Special Administrative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
Our client, a U.S. citizen (Jack) and his Vietnamese wife (Jill) wanted to return to the United States. After the Form I-130 Petition for Alien Relative was approved in about two (2) months, the case was forwarded to the National Visa Center (“NVC”). While at the NVC, the adjudicator questioned
The United States Department of State (“DOS”) has announced a third extension authorizing consular officers to waive in-person interview requirements for individuals applying for a non-immigrant visa within the same category. The first extension, which expired on December 31, 2020, was further extended to March 31, 2021 and allowed for
One key requirement for an I-129F Petition approval and proceeding K-1 non-immigrant visa is that the U.S. citizen and foreign fiance must have physically met within 2 years prior to filing the I-129 Petition with the United States Citizenship and Immigration Service (USCIS). Those who have not satisfied the two
United States President Joseph Biden has revoked former President Donald Trump’s Executive Order (“EO”) restricting certain immigrant and non-immigrant applicants from visa processing. Intended to protect U.S. jobs at the start of the COVID-19 pandemic, President Trump issued an EO on April 23, 2020 suspending selected immigrant visa applicants which
United States President Donald Trump has extended an earlier Presidential Proclamation restricting certain immigrant and nonimmigrant visa categories from consular processing in response to the growing COVID-19 pandemic. The Executive Order (“EO”), which was first issued in April 2020, restricted certain immigrant visa applicants from receiving their visas for at
The United States Department of State (“DOS”) has temporarily expanded the ability of DOS consular officers to waive in-person interview requirements for individuals applying for an expired nonimmigrant visa within the same category. Previously, in-person interview requirements were eligible for a waiver if the nonimmigrant visa applicant, such as a
The United States Department of State (“DOS”) has announced the creation of a six-month pilot program under which certain B-1/B-2 visa applicants may be required to post a bond as a condition of visa issuance. The program, which was published in the Federal Register on November 24, 2020 will become
The United States Department of State (“DOS”) has announced that routine visa processing at Embassies and Consulates will resume on a post-by-post basis consistent with DOS’s guidance for safely returning to the full services. As on the ground conditions improve, DOS will begin providing services leading to the eventual full
Following the United States Federal District Court for the Northern District of California issuing a narrow injunction against the United States Department of State, certain nonimmigrant visa applicants that were previously subjected to U.S. President Donald Trump’s immigration ban executive order will no longer be subjected to the executive order.
The United States Department of Homeland Security (“DHS”) has announced a proposed rule that would require a fixed period of stay for international students on F student visas and exchange visitors on J visas. Under the proposed rule, the DHS framework that currently allows foreign nationals on F and J
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