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 expedited processing. Exceptional circumstances may include the following: Military emergencies.
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,
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
While this recent op-ed (opinion-editorial) article in the Los Angeles Times, focuses on President Trump and his ongoing war with the U.S. and Mexico border and its illegal immigration issues, the article points out that the Trump administration has, according to the American Immigration Lawyers Association (AILA), radically slowed the
A USCIS Form I-130 is a Petition for Alien Relative. A U.S. citizen or Lawful Permanent Resident (green card holder) is eligible to petition his or her foreign spouse to immigrate to the United States. Along with a Form I-130 and accompanying Form I-130A, supporting documentation is also submitted when
If you have been deported from the United States and looking to re-enter, you may be eligible to file a Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (“Form I-212”). The Form I-212, which is submitted and adjudicated by the United
For many people who are immigrating to the United States but waiting for a visa to become available, the Department of State (“DOS”) Visa Bulletin is the most important document to watch each month. The Visa Bulletin helps the applicants understand their place in line for a visa. In most
What is an I-864 Affidavit of Support? A USCIS Form I-864 Affidavit of Support is required for many immigrant visa categories in order to show that the sponsoring petitioner (“Sponsor”) has adequate means to financially support the person(s) being sponsored to immigrate. The I-864 Affidavit of Support is a contract
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 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 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
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