Many persons who are lawfully present in the U.S. in valid nonimmigrant visa status are eligible to file a Form I-485, Application to Register Permanent Residence or Adjust Status (“I-485 Application”) and “adjust” their status from nonimmigrant status to lawful permanent resident status if they qualify for an immigrant visa
Effective October 2022, the U.S. Embassy in Manila will be expanding all routine nonimmigrant visa interviews across all nonimmigrant visa categories in order to reduce interview wait times and accommodate the increasing number of applicants. Nonimmigrant visa applicants who have paid an MRV application fee but have been unable to
Beginning October 3, 2022, all Vietnamese immigrant and nonimmigrant visa applicants whose passports were issued starting July 1, 2022 must include a Vietnam government endorsement page that states the place of birth. Visa applicants who do not have an endorsement page will not be permitted to attend their visa interviews
Following the Department of State’s amended regulations addressing birth tourism in January 2020, questions continue to be raised whether a pregnant woman may travel to the U.S. on a valid B-1/B-2 Visitor Visa for the sole purpose of giving birth regardless of whether she was issued the B-1/B-2 Visitor Visa
A nonimmigrant visa is for persons wanting to enter the U.S. for a temporary visit for a specific purpose, and who will return to their home country or country of residence when the purpose of their visit is finished. In most nonimmigrant visa categories, the person establishes and maintains what
The U.S. Centers for Disease Control and Prevention (“CDC”) has ended the requirement that all air passengers, 2 years or older, traveling to the United States from a foreign country must present a negative COVID-19 test result from a sample taken no more than one day before departure, or provide
The U.S. Citizenship and Immigration Services (“USCIS”) has updated guidance in its USCIS Policy Manual to address the documentation that E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status. On November 12, 2021, the USCIS issued a policy announcement to clarify that it
It is often misunderstood that those who enter the United States on a B-1/B-2 Visitor Visa and granted a 6 month stay are allowed to leave the United States, re-enter and be granted another 6 months upon re-arrival. While there may be reasons why this is acceptable, and many visitors
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
A K-3 visa is a non-immigrant visa issued to a foreign spouse married to a U.S. citizen. Like a K-1 visa, a K-3 visa is also filed using a Form I-129F Petition for Alien Fiancé(e) (“Form I-129F Petition”) intended to shorten the separation period between the married couple and allow
Effective immediately, the United States Department of State (“DOS”) has revised the requirements for interview waiver eligibility (commonly referred to as dropbox eligibility) to applicants renewing a nonimmigrant visa in the classification that expired within the past twelve (“12”) months. Previously, some nonimmigrant visa applicants were eligible to renew through
A K-3 visa is a nonimmigrant visa that allows a foreign spouse of a U.S. citizen to enter the United States while their Form I-130 Petition for Alien Relative (“I-130 Petition”) is undergoing adjudication with the United States Citizenship and Immigration Services (“USCIS”). The goal of a K-3 is to
The United States Citizenship and Immigration Services (“USCIS”) has updated its guidance effective immediately regarding when students who are in either F or M nonimmigrant visa classification may be eligible for Optional Practical Training (“OPT”) extensions for Science, Technology, Engineering, or Mathematics (“STEM”) field. The updated guidance, which is found
On September 16, 2024, the U.S. Department of State (“DOS”) launched a new version of the Smart Traveler Enrollment Program (“STEP”). The STEP is a free service allowing U.S. citizens and nationals to enroll their trip abroad so DOS can accurately and quickly contact them in case of emergency. Existing
The U.S. Consulate in Ho Chi Minh City has implemented the Business Visa Facilitation Pilot Program (BVFPP). The program is designed to facilitate American companies who want to send Vietnamese employees to the U.S. for business purposes. The program allows those companies to register with the U.S. Consulate in advance
Enterline and Partners Consulting recently took part in a vibrant celebration of the July 4th American Independence Day as a proud sponsor of the annual picnic organized by the American Chamber of Commerce in Ho Chi Minh City, Vietnam. The event, held on June 29th, brought together a diverse community
A proxy marriage and an online marriage are distinct types of marital arrangements that cater to different needs and circumstances. For immigration purposes, there are unique differences which between the two that if not properly addressed, could result in either a denial by the United States Citizenship and Immigration Services
Following the June 18, 2024 announcement of Parole-in-Place, the U.S. Department of Homeland Security (“DHS”) will begin accepting applications beginning August 19, 2024. Applications filed prior to August 19 will be rejected. In order to be considered for Parole-in-Place, which is approved on a case-by-case basis, an applicant must have
The U.S. Visa Waiver Program (“VWP”), Electronic System for Travel Authorization (“ESTA”) is a program of the United States government created to facilitate visa-free travel for eligible citizens from participating countries This program is commonly referred to as ESTA by the general public. A country qualifying for the VWP allows
Enterline and Partners is pleased to announce that our attorneys have successfully represented their clients through Direct Consular Filing (“DCF”) of a Form I-130 Petition for Alien Relative (“I-130 Petition) at the U.S. Embassy in Manila (“Embassy’). Our clients, a U.S. citizen and a Philippines citizen, were seeking an alternative
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