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U.S. Visa

USCIS Updated Policy Alert Concerning Direct Consular Filing at U.S. Embassies and Consulates

February 17, 2020

U.S. Citizenship and Immigration Services (“USCIS”) released an updated policy memorandum advising the Department of States (“DOS”) on adjudicating Form I-130 Petitions for Alien Relatives at U.S. Embassies and Consulates through Direct Consular Filing (“DCF.”) The policy memorandum clarifies that USCIS will no longer accept and adjudicate routine I-130 Petitions

What is Lawful Source of Funds and Path of Funds for an EB-5 Immigrant Investor?

February 5, 2020

The investment capital that an EB-5 Investor may use for his or her investment, called the “lawful source of funds” (“SOF”), can come from any source as long as the investor can prove that the capital or funds were obtained lawfully. Some common SOF are salary and bonus income, dividends

USCIS to Change its Processing Policy for I-526, Immigrant Petition by Alien Investor EB-5 Petitions

January 31, 2020

U.S. Citizenship and Immigration Services (“USCIS”) announced it is changing the way it will process Form I-526, Immigrant Petition by Alien Investor, moving from a first-in, first-out basis to a visa availability approach. The Form I-526 Petition is filed by someone wanting to immigrate to the U.S. via the EB-5

The United States Supreme Court To Allow Public Charge Rule To Take Effect

January 30, 2020

The U.S. Supreme Court has ruled in favor of a Trump Administration policy expanding the government’s ability to refuse immigrant visas and issue green cards to immigrants who are likely to become a Public Charge. The 5-4 ruling, which was divided on ideologically lines, will allow the new rule to

State Department Expected to Publish New Guidelines in an Effort to Impede U.S. Birth Tourism

January 28, 2020

The United States Department of State (“DOS”) is scheduled to release new guidelines giving consular officers further discretion to determine whether women who are applying for a B-1/ B-2 visitor visa primary purpose is to give birth in the United States. It is unclear how consular officers at U.S. Embassies

How Long Do I Have to Wait for My EB-5 Petition to Be Approved?

January 6, 2020

Most of my clients ask me this question and there is a lot of confusion about the processing times visa waiting times. As a refresher, there is a 3-step process to obtaining lawful permanent residence in the U.S. via the EB-5 immigrant investor visa category. First, an investor files a

Immigrate to the United States if You Have Exceptional Ability in Science, Art or Business – The EB-2 visa

December 27, 2019

Are you a person with exceptional ability in science, art or business? Then you may qualify to immigrate to the United States and pursue a career in your area of expertise via the Employment Based Second Preference visa category, or EB-2 visa. To qualify as a person of exceptional ability

David Enterline Speaks at E-2 Treaty Investor Visa Seminar in Bien Hoa

December 24, 2019

David Enterline of Enterline and Partners Consulting spoke at an E-2 Treaty Investor seminar at the Mira Central Park Hotel in Bien Hoa on December 14, 2019. The E-2 Treaty Investor visa provides nonimmigrant visa status for a national of a country with which the United States maintains a treaty

David Enterline speaks at Global Migration and Wealth Management, East Asia, Conference in Hong Kong

December 6, 2019

David Enterline spoke at the Global Migration and Wealth Management, East Asia Conference in Hong Kong November 4th and 5th, 2019. David was the discussion leader on the panel Evaluating the US investment landscape and its appeal to Chinese investors which focused on issues relevant to Chinese investors seeking to

USCIS Premium Processing Fees Slight Increase as of December 2, 2019

December 4, 2019

The United States Citizenship and Immigration Services (“USCIS”) has increased its premium processing fees for Forms I-129 Petition for Nonimmigrant Workers andI-140 Petition for Immigrant Workers on December 2, 2019. The slight increase, from US$1410 to US$1440 was previously reported at USCIS to Increase Premium Processing Filing Fees for Forms

“Class A or B (TB) )…requires attn of USPHS at POE ” Annotation On Your U.S. Immigrant Visa

January 3, 2025

Please note that your immigrant visa has an annotation “Class A or B (TB)…requires attn of USPHS at POE.” This notation refers to a finding related to tuberculosis (“TB”), a communicable disease of public health significance. During the required medical examination, the panel physician assessed whether you may have Class

Enterline and Partners Overcomes 221(g) Refusal for Vietnamese Client

March 30, 2021

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

What is a Form I-129F?

March 16, 2021

A Form I-129F is a Petition for Alien Fiance filed through the United States Citizenship and Immigration Services (“USCIS”). The form can only be filed by a U.S. citizen over the age of 21. Non-US citizens including Lawful Permanent Residents (i.e. Green Card Holders) are not able to petition their

What is the Two-Year Meeting Requirement Waiver for an I-129F Petition for Alien Fiance?

March 15, 2021

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

What is a Form I-130 Petition?

March 9, 2021

A Form I-130 is a Petition for Alien Relative filed through the United States Citizenship and Immigration Services (USCIS). The form can be filed by either a U.S. Citizen or Lawful Permanent Resident (Green Card Holder) which establishes a valid family relationship. It is the first step in helping immediate

The March 2021 Visa Bulletin Priority Date – Three weeks forward for Vietnamese EB-5 immigrant investors; China frozen; Taiwan and rest of the world current.

March 3, 2021

Visa Bulletin for March 2021 Priority Date Three weeks forward for Vietnamese EB-5 immigrant investors; China frozen; Taiwan and rest of the world current. The “Final Action Date” priority date for Vietnamese EB-5 investors moved forward three weeks in the Department of State March 2021 visa bulletin, from October 1,

The November 2020 Visa Bulletin Priority Date shows slight movement forward for Vietnamese EB-5 immigrant investors

December 2, 2020

The “Final Action Date” priority date for Vietnamese EB-5 investors moved forward slightly in the Department of State November 2020 visa bulletin from August 15, 2017 to September 1, 2017. The priority date indicates that any investors who filed their I-526 Petitions on or before September 1, 2017 now have

Persons from Hong Kong Not Yet Subject to China Visa Allocation

December 2, 2020

At a recent IIUSA EB-5 Forum, Charles Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State (“DOS”) – the man who decides the DOS Visa Bulletin every month – responded to a question regarding visa allocation for persons from Hong Kong. The question

DOS Provides Update on Public Charge Inadmissibility Following Temporary Injunction

August 12, 2020

DOS Provides Update on Public Charge Inadmissibility Following Temporary Injunction Following a nationwide injunction issued by a federal judge temporarily blocking Public Charge inadmissibility from being enforced due to the COVID-19 pandemic, the United States Department of State (“DOS”) will be updating its guidance to consular officers on how to

Announcement: USCIS Filing Fee Changes to Become Effective on October 2, 2020

August 7, 2020

The United States Citizenship and Immigration Services (“USCIS”) has posted for public inspection an advanced copy of a final rule that will significantly alter many fees the USCIS charges for services, including adding new fees, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain

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