Announcement: Federal Judge Temporarily Blocks DOS and DHS from Implementing Public Charge Inadmissibility

August 4, 2020

A United States federal judge issued a nationwide injunction temporarily blocking the Department of State (“DOS”) and the Department of Homeland Security (“DHS”) from enforcing Public Charge inadmissibility in response to the COVID-19 pandemic. Judge George McDaniels of the United States District Court for the Southern District of New York

Announcement: CDC Issues One Month Extension on Immigrant Visa Medical Evaluations

July 29, 2020

The United States Centers for Disease Control (“CDC”) has approved a one-month extension on medical evaluations conducted for immigrant visa applications between January 1, 2020 and June 30, 2020. Immigrant visa applicants who obtained medical clearances as well as those who had their immigrant visas issued but were unable to

Hong Kong Born Nationals Facing Long Wait Times for Immigrant Visas

July 28, 2020

On July 14, 2020 President Trump signed the Hong Kong Autonomy Act of 2020 and at the same time signed The President’s Executive Order on Hong Kong Normalization. The intent of this Executive Order (“EO”) is to suspend or eliminate different and preferential treatment for Hong Kong, including the treatment

Enterline and Partners Successfully Expedites CR-1 Visa with Direct Consular Filing at U.S. Embassy in Manila

July 13, 2020

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

Trump’s Amended Immigration Ban Exempts Children of U.S. Citizens and Permanent Residents

June 29, 2020

Following U.S. President Donald Trump’s June 22nd proclamation amending a previous Executive Order (“EO”) restricting immigration to certain immigrant and non-immigrant visa applicants, an exemption has been granted to children of U.S. citizens and permanent residents. The previous EO issued on April 22nd formally known as the “Proclamation Suspending Entry

Actions to Take When a Client’s I-526 Petition Enters Processing Limbo

June 24, 2020

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

Trump Extends Immigration Ban to Certain Non-Immigrant Visa Applicants

June 23, 2020

President Donald Trump today amended a previously signed executive order (EO) to expand the current immigration ban to include certain nonimmigrant visa applicants. The updated EO, formally titled “Proclamation Suspending the Entry of Immigrants Who Pose Risks to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,”

Announcement: USCIS to Resume In-Person Services on June 4

June 3, 2020

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

Announcement: Limited American Citizen Services in Vietnam Resume on June 1st

May 29, 2020

The United States Mission to Vietnam which includes the U.S. Embassy in Hanoi and the Consulate General Ho Chi Minh City has announced the resumption of limited American Citizen Services (“ACS”) beginning on June 1st. Interested U.S. citizens who are seeking ACS assistance including Consular Reports of Birth Abroad, U.S.

Update on Visa Waiver Program Entrants Requesting Satisfactory Departure from Local USCIS Field Offices

May 28, 2020

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

National Interest Waivers for EB-2 Applicants

March 16, 2020

The Employment Based Second Preference Immigrant Visa Category (EB-2) Advanced Degree Holder and Person of Exceptional Ability with National Interest Waivers. Previously we wrote about the qualifications for an Employment Based Second Preference (EB-2) Immigrant Visa which is for persons who have an advanced degree or persons with exceptional ability

Will K-1 Visa Applicants Be Required to Provide a DS-5540 Public Charge Questionnaire?

March 9, 2020

The new public charge rule requires immigrant and non-immigrant visa applicants to provide a detailed DS-5540 public charge questionnaire in order to determine whether they are likely to become a public charge at any time in the future. While a K-1 visa is officially a non-immigrant visa allowing for single

Insight into the EB-5 China final action date forward movement in the March 2020 visa bulletin

March 6, 2020

Why did the EB 5 China final action date jump forward in the March 2020 visa bulletin? There have been a number of questions as to why the final action date for EB-5 investors from China leaped forward 4.5 months in the March visa bulletin. United States Department of State’s

Department of State to Implement Inadmissibility on Public Charge Grounds as of February 24, 2020

March 4, 2020

Following the Department of Homeland Security (“DHS”) lead, the U.S. Department of State (“DOS”), which oversees consular processing for immigrant and non-immigrant visas at U.S. Embassies and Consulates, has implemented its new public charge rule as of February 24, 2020. Immigrant visa applicants will be required to complete a Form

USCIS to Implement Inadmissibility on Public Charge Grounds as of February 24, 2020

February 26, 2020

On February 24, 2020, the U.S. Citizenship and Immigration Services will implement the agency’s new rules for inadmissibility on public charge grounds. The final rule outlines some of the criteria on how the Department of Homeland Security (“DHS”) will determine whether a foreign national is inadmissible to adjust status from

March Visa Bulletin Sees Great Leap Forward for Chinese EB-5 Investors

February 25, 2020

The U.S. Department of State (“DOS”) March visa bulletin is out and in a big surprise, the Final Action Date priority date [link to article] for Chinese EB-5 investors leaped forward by 5 months, from December 1, 2014 in February to May 15, 2015. We are looking forward to reading

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

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

USCIS Scheduled to Increase Business Visa Application Filing Fees

January 21, 2020

United States Citizenship and Immigration Services (“USCIS”) is scheduled to increase its filing and processing fees for business visas in 2020. Below are examples of the proposed increased fees by visa category: L-1 and H-1B Visas: L-1 visa petitions (for temporary workers, non-immigrant) are scheduled to increase by 77 percent

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

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Passport Revocation for Child Support Arrears

Protection from Regional Center Program Expiration – Grandfathering before September 30, 2026

David Enterline Receives Recognition by AILA APAC for Contributions to the Chapter

Visa Application Processing at U.S. Consulates for the E-1 Treaty Trader and E-2 Treaty Investor Visa

New Adjustment of Status Policy May Force Applicants To Attend Visa Interviews at a U.S. Embassy or Consulate