DHS Drops Appeal of the U.S. District Court’s Ruling in Behring Regional Center LLC v. Mayorkas

Following the United States Department of State (“DOS”) updated policy requiring immigrant visa applicants to apply for their immigrant visas at Consulates in their place of residence or country of nationality, DOS now also requires nonimmigrant visa applicants to apply in their country of residence or nationality. According to DOS, nonimmigrant visa applicants applying based on residence must be able to demonstrate that they are residents in the country where they are applying for their nonimmigrant visas. While existing nonimmigrant visa appointments for nonimmigrant visa applicants applying in a consular district where they are neither residents nor nationals will generally not be cancelled, those applicants may face significant challenges in qualifying for the nonimmigrant visa for which they are applying. Nonimmigrant visa applicants are encouraged to check Embassy and Consulate websites for more detailed information regarding visa requirements and procedures or contact info@enterlinepartners.com for more information. ENTERLINE & PARTNERS CONSULTING

This article is posted here in English and translated into Vietnamese and posted courtesy of the author, Gary Chodorow of Chodorow Law Offices.  You can find the original article on Gary’s website at: https://lawandborder.com/u-s-state-department-stiffens-the-bar-on-immigrant-visas-for-communist-party-members/ Introduction The U.S. State Department has updated its Foreign Affairs Manual (FAM) to toughen the statutory bar on issuance of immigrant visas to communist party members and affiliates. In short: What is the Foreign Affairs Manual? The Foreign Affairs Manual (FAM) is the official compilation of policies, procedures, and organizational responsibilities for the U.S. Department of State. It serves as a key reference for, among others consular officers, who are required to follow its provisions. What Does the Statute Say? Section 212(a)(3)(D) of the Immigration and Nationality Act (INA) reads as follows: 212(a)(3)(D) Immigrant membership in totalitarian party.— (i) In general.–Any immigrant who is or has been a member of or affiliated with the Communist or any other