As posted on the United States Citizenship and Immigration Services (“USCIS”) website, on January 20, 2025, President Trump issued Executive Order (“EO”) 14159, “Protecting the American People Against Invasion”. The EO directs the Department of Homeland Security (“DHS”) to ensure that aliens comply with their duty to register with the government.
The United States Citizenship and Immigration Services (“USCIS”) issued a 60-day notice and comment on a proposal to collect information pertaining to social-media handles and associated social media platform names from applicants in an effort to verify identification, streamline public safety screening and related inspections. The proposal, which was published
Under U.S. immigration law, Adjustment of Status (“AOS”) refers to the process through which an individual who is already in the United States applies to change their immigration status from that of a nonimmigrant visa status to that of an immigrant visa status, or “Lawful Permanent Residence”. This process is
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 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 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
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