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 increase its filing and processing fees for business visas in 2020. Below are examples of the proposed increased fees by visa category: L-1 and H-1B Visas: L-1 visa petitions (for temporary workers, non-immigrant) are scheduled to increase by 77 percent
A nonimmigrant visa is for persons wanting to enter the U.S. for a temporary visit for a specific purpose and who will leave the U.S. when the purpose of their visit is finished. In most nonimmigrant visa categories, this is called establishing “nonimmigrant intent”. The most common nonimmigrant visas are
U.S. B-1/ B-2 visa validity is dependent on what kind of passport a person is holding. Currently, there are 38 countries whose citizens may enter the United States visa free. All other nationalities are required to obtain a visa at a U.S. Embassy or Consulate abroad. Citizens of some countries
Citizens of 38 countries who are eligible to travel to the United States for up to 90 days under the Visa Waiver Program (VWP) are now required to obtain a visa at a US Embassy or Consulate abroad if they have visited the Democratic People’s Republic of Korea (DPRK or
Enterline and Partners Consulting Partner Ryan Barshop recently presented at the American Immigration Lawyers Association (“AILA”) Annual Conference. The conference, which was held in Orlando, Florida from June 19th through June 22nd drew approximately 3500 attendees from all over the world. Mr. Barshop was joined by past AILA President, Dale
Enterline and Partners co-founders David Enterline and Ryan Barshop recently spoke at the American Immigration Lawyers Association Bangkok District Chapter (AILA BDC) in Bangkok, Thailand. David served as Discussion Leader and Ryan also sat on the panel entitled “How Can They Do It? Permanent Residents Living Overseas.” The panel focused
U.S. visa applicants will now be required to provide their social media identities on social media platforms during the five years preceding the date of application – with an option to voluntarily list other handles not explicitly required. The new requirement follows the Trump administration’s promise of “extreme vetting” of
Even if you are not a citizen of a particular country but you reside in that country, it is still possible to apply for a U.S. visa in your country of residence. Likewise, if you are a citizen of a country but you don’t live in that country, you may
U.S. attorneys are members of at least one U.S. bar association. Most bar associations have public listings of their member lawyers in good standing and these members can be publicly searched. For David Enterline, you can go to this website and search for his last name “Enterline” – https://ams.okbar.org/eweb/startpage.aspx?site=FALWEB For
There is no law or regulation that requires an E-2 Treaty Trader visa applicant to have “residence” in the country of citizenship. We have represented many E-2 investors who do not live or maintain a residence or a resident address in the qualifying treaty country. At the time of this
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