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
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
The United States Department of State (“DOS”) has extended DOS consular officers’ authority to waive in-person interviews for certain nonimmigrant visa categories through December 31, 2023. The announcement made on December 23, 2022 replaces the previous policy extending nonimmigrant visa waivers through December 31, 2022 and allows DOS consular officers
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