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
The U.S. government requires immigrant visa applicants to meet specific health standards. One component of these standards is the vaccination requirement. But what exactly does an intending immigrant need to do to meet these requirements? The Process: Medical Examination and Vaccinations The process of fulfilling the vaccination requirement is part
What is ESTA? Short for “The Electronic System for Travel Authorization” (“ESTA”) Visa Waiver Program is a program of the United States government to facilitate visa-free travel for eligible citizens from participating countries. Launched in 2009, ESTA streamlines the process for visitors entering the U.S. for purposes of pleasure, tourism,
On June 18, 2024, President Joe Biden announced a series of immigration actions by using an Executive Order (“EO”). The EO, formally known as Parole-in-Place, are designed to help certain undocumented aliens obtain lawful presence within the United States. It consists of the following: Spouses and children of U.S. citizens
Enterline and Partners Managing Partner David Enterline attended the IIUSA 14th Annual EB-5 Industry Forum in Atlanta, Georgia in May and spoke on the panel “Investor Markets Overview: New Opportunities“. IIUSA is the national membership-based EB-5 industry association for EB-5 Regional Centers and other EB-5 stakeholders and professionals. Its members
The United States Citizenship and Immigration Services (“USCIS”) has issued an updated policy guidance on Form I-130 Petition for Alien Relative (“Petition”) explaining how the agency handles family-based immigrant visa petition approvals regarding correcting approval notice errors, requests for consular processing or adjustment of status, and routing procedures for approved
In U.S. immigration matters, a visa is a document that allows a foreign national to enter the United States for a specific purpose, such as tourism, work, study, family visits (a nonimmigrant visa) or to immigrate (an immigrant visa). It is typically a stamp or sticker placed in the foreign
The U.S. labor certification process, also known as the PERM (Program Electronic Review Management) process, is a crucial step in obtaining certain employment-based immigrant visas and lawful permanent residence in the United States. Here’s an overview of the process. Obtaining a Job Offer: Prospective applicants for a job in the
The U.S. Alien Registration Number, commonly abbreviated as an A-Number, is a unique identifier assigned to non-citizens by the United States Citizenship and Immigration Services (“USCIS”). This A-Number begins with the letter “A” followed by 8 or 9 numbers (such as A012345678). It is used to track individuals throughout their interactions with
Under U.S. immigration law there are several types of immigrant visas. We can generally break these into family based immigrant visas and employment and investment based immigrant visas. Under the family based immigrant visas, there are two subcategories. Immigrant visas for immediate relatives of U.S. citizens (spouses, parents and unmarried
The U.S. Department of State has announced a signing a Memorandum of Cooperation on Culture and People-to-People Ties between the United States and Vietnam. See the post on the USDOS website here. “Under Secretary for Public Diplomacy Liz Allen and Assistant Secretary for Educational and Cultural Affairs Lee Satterfield met
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