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
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
A Form I-130, Petition for Alien Relatives, is filed with the U.S. Citizenship and Immigration Services (“USCIS”) to establish a qualifying family relationship between a U.S. citizen or lawful permanent resident (Green Card Holder) and a foreign national immediate relative (“Beneficiary”) . Submitting the Form I-130 is the first step
The United States Department of State (“DOS”) has temporarily expanded the ability of consular officers to waive in-person interviews for individuals applying for non-immigrant visas in the same visa classification. Previously, only those applicants whose non-immigrant visas had expired within the previous 12 months were eligible for an interview waiver.
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
Enterline and Partners recently represented a newlywed couple living in the Philippines in an expedited I-130 Petition for Alien Relative at the U.S. Embassy in Manila. The couple, a U.S. citizen and a Philippines citizen, were married in the United States and living in Manila. The expedited filing, which was
EB-5 investors and projects continue to contend with lengthy delays in the processing of I-526 Petitions. Average processing times have steadily increased over the past few years, in stark contrast to United States Citizenship and Immigration Services (“USCIS”) new Investor Program Office (“IPO”) statements that it would reverse the trend
United States Citizenship and Immigration Services (“USCIS”) is scheduled to resume Form I-907 Request for Premium Processing Service for Form I-129 Petition for a Nonimmigrant Worker and Form I-140 Petition for Alien Workers in phases throughout the month of June. Premium processing was temporarily suspended on March 20th due to
United States Citizenship and Immigration Services (“USCIS”) is scheduled to resume non-emergency in-person services on June 4th. On March 18, USCIS suspended routine in-person services at its field offices, asylum offices, and application support centers in response to the COVID-19 pandemic. As USCIS services recommence, offices will reduce the number
Individuals in the United States admitted under the Visa Waiver Program (“VWP”) are not allowed to file for an extension of status; moreover, the maximum period of admission is three months. However, those admitted under the VWP who are unable to depart before their approved period of admission because of
Wednesday, July 31st, 2019, 10:00 am – Enterline and Partners Consulting Office, 1A Cong Truong Me Linh, District 1, HCMC As you know, the EB-5 Immigrant Investor Program Modernization regulation is scheduled to become effective on November 21, 2019. While some of the regulation is very clear, such as an
The EB-5 Immigrant Investor Program Modernization regulation was published in the Federal Register on July 24, 2019 and this final rule is scheduled to become effective on November 21, 2019. The most significant part of the final rule for investors is an increase to the minimum investment amount. The rule
We recently posted on Taiwan’s new same-sex marriage law and its limitations. In a related case, we recently assisted an U.S. citizen and his same-sex spouse, who were married in the U.S. but living in Asia, in an expedited filing (I-130) directly with the U.S. consulate in Hong Kong. See
I am often asked by my EB-5 clients “Can I receive back my investment after filing the Form I-829 Petition, or do I have to wait until my I-829 Petition is approved?” If investors submit and seek approval of their I-829 Petition, then under current law and policy they should
In exceptional circumstances, a U.S. citizen who is living abroad with his or her foreign spouse and would like to bring his or her foreign spouse to the United States on an immigrant visa may be able to avail of I-130 expedited processing. Exceptional circumstances may include the following: Military
On June 27, 2019, the Office of Management and Budget completed review of the EB-5 Immigrant Investor Program Modernization final regulation. The most significant proposed change for intending EB-5 investors is an increase of the minimum investment amount in a Targeted Employment Area from the current minimum investment of US$500,000
Beginning July 1, USCIS will no longer accept Form I-407, Record of Abandonment of Lawful Permanent Resident Status at international field offices by mail or in person. Individuals who wish to voluntarily record abandonment of their lawful permanent resident (LPR) status must submit Form I-407 via mail to: USCIS Eastern
A U.S. federal grand jury in Houston, Texas issued a 206 count indictment involving a massive marriage fraud scheme on April 30, 2019. According to U.S. Immigration and Customs Enforcement (ICE), a total of 96 individuals were involved in a suspected criminal enterprise designed to create sham marriages between individuals
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,
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