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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

Must a Grenadian citizen that is applying for an E-2 Treaty Trader visa have a residence in Grenada?

May 22, 2019

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

Latest EB-5 Wait Times and Visa Bulletin Projections

May 17, 2019

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

Announcement: U.S. State Department Enacts New Rules on Nonimmigrant Visa Waiver Requests

May 10, 2019

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

Extending Your American Visa. Is it Possible?

May 8, 2019

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.

EB-5 Modernization Regulation Pending Review At The Office Of Management And Budget

May 6, 2019

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,

What Do You Need to Get a Visa for the USA?

April 22, 2019

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

What Questions Will the U.S. Consulate in Ho Chi Minh City Ask My Vietnamese Fiance During Their Interview?

April 18, 2019

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

Do You Need an Immigration Lawyer to Represent to File a K-1 Visa for Your Vietnamese Fiance?

April 17, 2019

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

What is 2-Year Meeting Requirement?

April 12, 2019

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

EAP Co-Founder David Enterline Presents at Immigration and Investment Summit

April 12, 2019

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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