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
United States Citizenship and Immigration Services (“USCIS”) is scheduled to resume non-emergency in-person services on June 4th. On March 18, USCIS suspended routine in-person services at its field offices, asylum offices, and application support centers in response to the COVID-19 pandemic. As USCIS services recommence, offices will reduce the number
The United States Mission to Vietnam which includes the U.S. Embassy in Hanoi and the Consulate General Ho Chi Minh City has announced the resumption of limited American Citizen Services (“ACS”) beginning on June 1st. Interested U.S. citizens who are seeking ACS assistance including Consular Reports of Birth Abroad, U.S.
Individuals in the United States admitted under the Visa Waiver Program (“VWP”) are not allowed to file for an extension of status; moreover, the maximum period of admission is three months. However, those admitted under the VWP who are unable to depart before their approved period of admission because of
The United States Citizenship and Immigration Services (“USCIS”) has announced that in-person services at its offices will reopen as early as June 4th in compliance with local and state orders. In-person services at USCIS include field offices, asylum offices, and application support centers. During this extended closure period, USCIS will
Today U.S. President Donald Trump signed his threatened Executive Order (‘EO”) as the “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the Covid-19 Outbreak.” The proclamation becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET), and suspends the
The U.S. Department of State (“DOS”) has reiterated its earlier announcement that despite the worldwide suspension of routine visa appointments, U.S. embassies and consulates will continue to provide emergency and critical visa services. Healthcare professionals with an approved non-immigrant or immigrant petition such as an I-129 Petition for Nonimmigrant Workers
U.S. Citizenship and Immigration Services (“USCIS”) will extend in-person services suspension at Field Offices, Asylum Offices and Application Support Centers (“ACS”) through May 3 unless otherwise announced. While the extended closure covers interviews, naturalization ceremonies, and biometric collections, USCIS will continue to provide emergency and essential services that do not
As a result of the Coronavirus pandemic, the Department of State (“DOS”) has authorized consular officers at U.S. Embassies and Consulates to expand the categories of H-2 visa applicants whose application can be adjudicated without an in-person interview. The new policy allows interviewing consular officers the ability to waive in-person
The U.S. Department of State (“DOS”) is encouraging medical professionals with an approved immigrant or non-immigrant petition (Form I-129, Form I-140) or a certificate of eligibility in an approved exchange program to request for an expedited appointment at their nearest U.S. Embassy or Consulate. Although DOS has instructed consular services
U.S. Citizenship and Immigration Services (“USCIS”) has announced that it is extending the deadline to reply to requests for evidence (“RFE”) and notices of intent to deny (“NOID”) in response to the Coronavirus (COVID-19) pandemic. For applicants and petitioners who receive an RFE or NOID dated between March 1st and
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