Update: The Department of State has updated their triad approach. For more information, click here. After enduring the COVID-19 pandemic for over a year, most U.S. embassies and consulates are not operating at full capacity. Due to limited appointment availability, a significant backlog was created for immigrant (IV) and nonimmigrant visa
The U.S. Citizenship and Immigration Services (“USCIS”) has issued new policy guidance in the USCIS Policy Manual to address the circumstances in which officers should issue Requests for Evidence (“RFEs”) and Notices of Intent to Deny (“NOIDs”). In 2013, USCIS published guidance instructing officers to issue RFEs in cases involving
On June 22, 2021, Judge Jacqueline Scott Corley of the U.S. District Court of the Northern District of California issued an order granting summary judgment in favor of the plaintiff, Behring Regional Center, in the lawsuit Behring filed against the Department of Homeland Security (“DHS”). The order was given in the matter of Behring
Individuals who are required to obtain a visa to enter the United States must apply at a U.S. consulate abroad. A critical part of the application process involves an in-person interview at the consulate to verify information in the application and ask questions about eligibility for the visa. If the visa
The United States Citizenship and Immigration Services (“USCIS”) has released a new policy update pertaining to expedited processing. Under the updated criteria, USCIS provides further guidance as to whether expedited processing may be warranted. The new policy highlights include the following: Clarifies criteria and circumstances under which USCIS will generally
Expediting a Petition (i.e. I-130 Petition for Alien Relative or I-129F Petition for Alien Fiancé or Fiancée) with the United States Citizenship and Immigration Services (“USCIS”) can be challenging. There are limited circumstances in which USCIS may consider expediting a Petition that is currently undergoing processing at one of its
If you are a Lawful Permanent Resident (“LPR”) of the U.S. and you had a child born outside of the U.S., your child is not required to have an immigrant visa to travel with you to the United States if: The child was born during the LPR mother’s temporary visit
Enterline and Partners Consulting Managing Partner David Enterline has obtained approval from the United States Citizenship and Immigration Services (“USCIS”) Investor Program Office (“IPO”) of his EB-5 Investor’s Form I-526E Petition in 13 months. This investor’s I-526E Petition was based on an investment in a High Unemployment Area. The EB-5
The U.S. Citizenship and Immigration Services (“USCIS”) has issued policy guidance in the USCIS Policy Manual clarifying that a sole proprietorship may not file a Form I-129L Petition (“Petition”) on behalf of its owner because the sole proprietorship does not exist as a distinct legal entity separate and apart from
American Immigration Lawyers Association (“AILA”) members, of whom Enterline and Partners Consulting lawyers are also members, have reported that the United States Citizenship and Immigration Services (“USCIS”) has begun issuing five-year Advance Parole documents to applicants valid for five years. This is apparently for individuals who are now eligible for
The United States Citizenship and Immigration Services (“USCIS”) is updating its Policy Manual regarding maximum validity for Employment Authorization Documents (“EAD”) issued to certain non-U.S. citizens. Non-U.S. citizens (i.e. those in the United States without Green Cards) must have employment authorization in order to work legally inside the United States.
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