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U.S. Government

USCIS Premium Processing Fees to Increase as of October 19

On October 19, 2020, United States Citizenship and Immigration Services (“USCIS”) premium processing fees will increase in accordance with the Continuing Appropriations Act signed into law on October 1, 2020.. USCIS premium processing allows a petitioner to receive a decision within 15 business days by submitting a Form I-907, Request

New Increased USCIS Filing Fees for EB-5 Investors

Update: Between the writing and publication of this article, a federal judge granted a motion for a preliminary injunction against the U.S. Citizenship and Immigration Services (USCIS) fee rule discussed herein.  As long as this preliminary injunction is in place, the existing fees remain as before. Effective October 2, 2020,

Will U.S. Immigration Services Offer Special Relief to Permanent Residents Who Return to the United States After Being Abroad for More Than One Year Due to the COVID-19 Pandemic?

The U.S. Customs and Border Protection Agency (“CBP”) has not announced any special relief  to a lawful permanent resident (“LPR’) who has remained outside the United States for more than one year because of  COVID-19 travel and movement restrictions. Currently, a LPR who was remained outside the United States irrespective

USCIS Extends Flexibility for Responding to Agency Requests

The U.S. Citizenship and Immigration Services (“USCIS”) is extending the time within which to reply to certain notices and requests that is originally announced on March 30, 2020.{ https://enterlinepartners.com/language/en/announcement-extended-deadlines-to-respond-to-rfes-and-noids/ } The extension applies to any stakeholder that is responding to the following: Requests for Evidence; Continuations to Request Evidence (N-14);

Federal Court to Allow Public Charge Inadmissibility to Resume

The United States Court of Appeals for the Second Circuit lifted an injunction issued by a federal judge allowing the Department of Homeland Security (“DHS”) to resume public charge inadmissibility. The most recent ruling has been part of intense ongoing litigation since DHS, under the direction of  the Trump Administration,

House of Representatives Passes Emergency Stopgap USCIS Stabilization Act

On Saturday, August 22, the United States House of Representatives unanimously passed The Emergency Stopgap USCIS Stabilization Act (H.R. 8089). The legislation seeks to temporarily prevent planned furloughs by the United States Immigration and Citizenship Services (“USCIS”) by immediately increasing USCIS premium processing revenues. In May 2020, USCIS notified Congress

House Introduces Legislation to Increase Immigrant Visas for Foreign Doctors and Nurses

The United States House of Representatives has introduced companion legislation to the recently proposed Senate bill which would increase the number of immigrant visas issued to foreign doctors and nurses. Known as the “Healthcare Workforce Resilience Act,” the new legislation, if enacted, would authorize immigrant visas to qualified foreign nationals

Expediting Employment Authorization and Advance Parole Travel Documents

Five years ago, USCIS routinely took three months to issue employment authorization documents (EADs) and advance parole (AP) travel documents. Prior to the pandemic, USCIS was taking approximately six months to issue them. Now, USCIS can take nine months or longer to issue these documents. These delays create huge hardships to organizations

DOS Rescinds Tiered Approach Allowing Resumption of More Consular Services

As the COVID-19 pandemic continues to ease, the United States Department of State (“DOS”) has announced that the earlier tiered approach aimed at reducing backlogs has been rescinded. Instead of the tiered approach, DOS will focus on reducing wait times for all consular processing services while also protecting the health

USCIS Continues Its Additional 60 Days for Responding to Agency Requests

The United States Citizenship and Immigration Services (“USCIS”) announced that in response to the ongoing COVID pandemic, it is once again extending flexibility that it announced on March 30, 2020 in responding to agency requests. The USCIS is granting an additional 60 calendar days to respond to following requests: Requests

DOS Updates on Immigrant Visa Processing Delays

The United States Department of State (“DOS”) has announced updates to the tiered approach  to remove backlogs and resume normal consular operations at embassies and consulates that have been severely impacted by the COVID-19 pandemic. According to DOS, Tier 1, which includes immediate relative intercountry adoption visas and age-out cases

U.S. Consulate Operations in Vietnam Reduced until September 15th

The People’s Committee of Ho Chi Minh City has announced a full lockdown of the city until at least September 15th. As a result, the U.S. Consulate in Ho Chi Minh City is unable to process routine visa appointments and can only grant visa appointment requests in extraordinary circumstances such

U.S. Consulate in Ho Chi Minh City Cancels All Visa Appointments Until August 16

In compliance with Ho Chi Minh City’s Directive 16 which enforces additional social distancing measures, the U.S. Consulate has cancelled all immigrant and non-immigrant visa appointments through August 16, 2021. Immigrant visa applicants affected by this announcement will be required to reschedule their cancelled visa interview appointments once normal operations

Deferred Enforcement Departure for Certain Residents of Hong Kong

On August 5, 2021, President Biden issued the “Deferred Enforcement Departure for Certain Residents of Hong Kong” memorandum (the “Memorandum”), directing the Department of Homeland Security (“DHS”) to take appropriate measures to defer for 18 months the removal of Hong Kong residents presently in the United States. Hong Kong residents

Rescheduling Biometric Services Appointments

The United States Immigration and Citizenship Services (“USCIS”) has announced it has closed the Biometrics Processing Unit in Alexandria, Virginia and no longer accepts written requests to reschedule biometric services appointments at application support centers. You must now call the USCIS Contact Center to reschedule a biometric services appointment. The

USCIS Policy Update to “Requests for Evidence” and “Notices of Intent to Deny”

The U.S. Citizenship and Immigration Services (“USCIS”) has issued new policy guidance in the USCIS Policy Manual to address the circumstances in which officers should issue Requests for Evidence (“RFEs”) and Notices of Intent to Deny (“NOIDs”). In 2013, USCIS published guidance instructing officers to issue RFEs in cases involving

USCIS Announces New Policy Highlights for Expedited Processing

The United States Citizenship and Immigration Services (“USCIS”) has released a new policy update pertaining to expedited processing. Under the updated criteria, USCIS provides further guidance as to whether expedited processing may be warranted. The new policy highlights include the following: Clarifies criteria and circumstances under which USCIS will generally

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