Today U.S. President Donald Trump signed his threatened Executive Order (‘EO”) as the “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the Covid-19 Outbreak.” The proclamation becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET), and suspends the
United States President Donald Trump tweeted late in the evening on April 20th that he intends to sign an Executive Order (“EO”) temporarily suspending immigration to the U.S. as it battles the Covid-19 pandemic and the resulting mass unemployment. While concerning for many, Enterline and Partners would like to calm
United States Citizenship and Immigration Services (“USCIS”) recently announced it would change the way it will processes I-526 Petitions (“petitions”) for EB-5 investors. Called a Visa Availability Approach, (“VAA”) this process will apply to all petitions filed after March 31, 2020. During a March 13, 2020 public stakeholders meeting, USCIS
The U.S. Department of State (“DOS”) has reiterated its earlier announcement that despite the worldwide suspension of routine visa appointments, U.S. embassies and consulates will continue to provide emergency and critical visa services. Healthcare professionals with an approved non-immigrant or immigrant petition such as an I-129 Petition for Nonimmigrant Workers
Are you a lawful permanent resident (“LPR”) of the United States and want to become a U.S. citizen? If you have been a resident for at least 5 years, or 3 years if you obtained your LPR status through marriage to a U.S. citizen, then you may be eligible for
U.S. Citizenship and Immigration Services (“USCIS”) will extend in-person services suspension at Field Offices, Asylum Offices and Application Support Centers (“ACS”) through May 3 unless otherwise announced. While the extended closure covers interviews, naturalization ceremonies, and biometric collections, USCIS will continue to provide emergency and essential services that do not
As a result of the Coronavirus pandemic, the Department of State (“DOS”) has authorized consular officers at U.S. Embassies and Consulates to expand the categories of H-2 visa applicants whose application can be adjudicated without an in-person interview. The new policy allows interviewing consular officers the ability to waive in-person
The U.S. Department of State (“DOS”) is encouraging medical professionals with an approved immigrant or non-immigrant petition (Form I-129, Form I-140) or a certificate of eligibility in an approved exchange program to request for an expedited appointment at their nearest U.S. Embassy or Consulate. Although DOS has instructed consular services
U.S. Citizenship and Immigration Services (“USCIS”) has announced that it is extending the deadline to reply to requests for evidence (“RFE”) and notices of intent to deny (“NOID”) in response to the Coronavirus (COVID-19) pandemic. For applicants and petitioners who receive an RFE or NOID dated between March 1st and
U.S. Citizenship and Immigration Services (“USCIS”) will extend the suspension of in-person services at field offices, asylum offices and application support centers through April 7, 2020. The USCIS had originally cancelled in-person operations on March 18th and was expected to recommence on April 1st in an effort to help contain
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
Charles Oppenheim, Chief of the U.S. Department of State (DOS) Visa Control and Reporting Division provided important updates at the Invest in the USA (IIUSA) 2019 EB-5 Advocacy Conference. The annual event was held in Washington, D.C. on May 6, 2019. As noted by Oppenheim, EB-5 visas remain in very
As of May 6, 2019, the U.S. Department of State’s (DOS) new rules went into effect concerning consular officers recommending a waiver if a nonimmigrant visa applicant is ineligible under Section 212(d)(3)(A)(i) of the Immigration and Nationality Act (INA). Under the new rule, consular officers will be required to refer
American visa validity depends on a person’s nationality. For example, Vietnamese citizens are given a maximum of a one-year multiple-entry visa. Other neighboring countries such as the Philippines and Thailand are eligible for a maximum of 10 years multiple-entry visas while Cambodian citizens receive up to three-months double entry validity.
On April 8, 2019, USCIS Director L. Francis Cissna sent a letter to Senator Grassley (R-IA) and Senator Leahy (D-VT) regarding the EB-5 Immigrant Investor Program Modernization Rule (RIN 1615-AC07). Among other things, Director Cissna indicated in the letter that “DHS is dedicated to ensuring expeditious implementation of the rule,
In order to be issued a U.S. visa, you must apply directly through either the U.S. Embassy in Hanoi or the U.S. Consulate in Ho Chi Minh City. All applicants are required to fill out a DS 160 online application and pay the visa processing fee. The fee depends on
When your Vietnamese fiance undergoes his or her interview at the U.S. Consulate in Ho Chi Minh City for a K-1 visa, the interviewing consular officer will ask him or her questions regarding your relationship. While the number of questions, as well as the amount of detail, will vary according
A common question asked by potential clients is do you need an immigration lawyer to file a K-1 visa for your Vietnamese fiance? The short answer is no, you do not need a lawyer. However, having a lawyer represent you and your fiance through the process has advantages. An immigration
One key requirement to qualify for the K-1 non-immigrant visa for when a United States Citizen, the petitioner, wants to sponsor a foreign partner to immigrate to the U.S., is that the citizen and foreign spouse must physically meet within 2 years prior to filing the I-129 Petition with the
Enterline and Partners co-founder and immigration lawyer David Enterline recently spoke at the Investment Immigration Summit in Ho Chi Minh City, Vietnam. David was a speaker on the panel session entitled “Alternative residency and investment pathways to the U.S. – beyond EB-5”. The focus of the discussion was alternatives pathways
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