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What is the Doctrine of Consular Nonreviewability?

The doctrine of consular nonreviewability refers to visa decisions decided by consular officers at U.S. Embassies and Consulates cannot be appealed to courts within the United States. The doctrine applies very broadly to decisions made by consular officers whether they apply to foreign nationals who have been refused an immigrant

No Changes to EB-5 Category in the March 2022 Visa Bulletin

The Department of State (“DOS”) March 2022 visa bulletin continues to show EB-5 regional center visa categories (I5 and R5) unavailable (U) because the EB-5 regional center program remains expired. Read more: the regional center program (“Program”) having lapsed on June 30, 2021. Visas in non-regional center visa categories (C5

What is a K-3 Visa and How is it Different from a CR-1/ IR-1 Visa?

A K-3 visa is a non-immigrant visa issued to a foreign spouse married to a U.S. citizen. Like a K-1 visa, a K-3 visa is also filed using a Form I-129F Petition for Alien Fiancé(e) (“Form I-129F Petition”) intended to shorten the separation period between the married couple and allow

Vietnamese Names Listed Incorrectly on U.S. Visas and Green Cards

There has always been a challenge with some U.S. government offices incorrectly listing Vietnamese citizen’s names on government documents such as visas and Form I-551 “Green Cards” because Vietnamese passports list names in order of last name (or “family name” or “surname”) followed by middle name then first name.  Moreover,

Expediting Employment Authorization and Advance Parole Travel Documents

Five years ago, USCIS routinely took three months to issue employment authorization documents (EADs) and advance parole (AP) travel documents. Prior to the pandemic, USCIS was taking approximately six months to issue them. Now, USCIS can take nine months or longer to issue these documents. These delays create huge hardships to organizations

DOS Extends Nonimmigrant Visa Interview Waivers Through 2024

The United States Department of State (“DOS”) has consular officers’ authority to waive in-person interviews for certain nonimmigrant visas from January 1, 2024 through December 31, 2024. The announcement, which was made on December 21, 2023 replaces the previous policy extending nonimmigrant visa waivers through December 31, 2023 and allows

White House Announces Pilot Program for H-1B Stateside Renewals

The White House has given the approval for a pilot program allowing a limited number of foreign nationals who are in the United States on H-1B nonimmigrant visas to renew their visas without having to leave the country. The United States Department of State indicated that the pilot program, RIN

Biden Issues Presidential Proclamation Suspending Entry to Individuals Engaged in Significant Corruption

On December 11, 2023, U.S. President Joseph Biden issued Proclamation 10685, Suspension of Entry as Immigrants and Nonimmigrants of Persons Enabling Corruption (“Proclamation”). The Proclamation, which also includes immediate family members is intended to prevent individuals who engage in significant corruption from accessing the United States. The Proclamation, which is

What is the Adam Walsh Act Child Protection and Safety Act?

The Adam Walsh Child Protection and Safety Act of 2006 (“AWA”) is a U.S. federal statute that aims to protect children from sexual exploitation and violent crimes.  The AWA was named after Adam Walsh, a child who was abducted and murdered in the State of Florida in 1981. Following young

What Happens If My Nonimmigrant Visa Is Revoked By CBP At The Port-of-Entry?

If your nonimmigrant visa (i.e. B-1/ B-2, F-1, etc.) is revoked by the U.S. Customs and Border Protection (“CBP”) Agency at a U.S. Port-of-Entry, it means that the CBP Officer determined that you are inadmissible to enter the United States.  Once your nonimmigrant visa is canceled, you will not be

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