Our client, a U.S. citizen (Jack) and his Vietnamese wife (Jill) wanted to return to the United States. After the Form I-130 Petition for Alien Relative was approved in about two (2) months, the case was forwarded to the National Visa Center (“NVC”). While at the NVC, the adjudicator questioned
The United States Department of State (“DOS”) has announced a third extension authorizing consular officers to waive in-person interview requirements for individuals applying for a non-immigrant visa within the same category. The first extension, which expired on December 31, 2020, was further extended to March 31, 2021 and allowed for
One key requirement for an I-129F Petition approval and proceeding K-1 non-immigrant visa is that the U.S. citizen and foreign fiance must have physically met within 2 years prior to filing the I-129 Petition with the United States Citizenship and Immigration Service (USCIS). Those who have not satisfied the two
United States President Joseph Biden has revoked former President Donald Trump’s Executive Order (“EO”) restricting certain immigrant and non-immigrant applicants from visa processing. Intended to protect U.S. jobs at the start of the COVID-19 pandemic, President Trump issued an EO on April 23, 2020 suspending selected immigrant visa applicants which
United States President Donald Trump has extended an earlier Presidential Proclamation restricting certain immigrant and nonimmigrant visa categories from consular processing in response to the growing COVID-19 pandemic. The Executive Order (“EO”), which was first issued in April 2020, restricted certain immigrant visa applicants from receiving their visas for at
The United States Department of State (“DOS”) has temporarily expanded the ability of DOS consular officers to waive in-person interview requirements for individuals applying for an expired nonimmigrant visa within the same category. Previously, in-person interview requirements were eligible for a waiver if the nonimmigrant visa applicant, such as a
The United States Department of State (“DOS”) has announced the creation of a six-month pilot program under which certain B-1/B-2 visa applicants may be required to post a bond as a condition of visa issuance. The program, which was published in the Federal Register on November 24, 2020 will become
The United States Department of State (“DOS”) has announced that routine visa processing at Embassies and Consulates will resume on a post-by-post basis consistent with DOS’s guidance for safely returning to the full services. As on the ground conditions improve, DOS will begin providing services leading to the eventual full
Following the United States Federal District Court for the Northern District of California issuing a narrow injunction against the United States Department of State, certain nonimmigrant visa applicants that were previously subjected to U.S. President Donald Trump’s immigration ban executive order will no longer be subjected to the executive order.
The United States Department of Homeland Security (“DHS”) has announced a proposed rule that would require a fixed period of stay for international students on F student visas and exchange visitors on J visas. Under the proposed rule, the DHS framework that currently allows foreign nationals on F and J
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
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
Pursuant to a Biden Administration initiative, on January 21, 2022, the Departments of State (“DOS”) and Homeland Security (“DHS”) announced new actions related to STEM work authorization, J-1 Researchers, National Interest Waivers, and O-1 Extraordinary Ability Workers. You can read the White House Fact Sheet here. “The Biden-Harris Administration believes
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