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Waivers for Immigrant Visa Applicants Refused for Criminal History

Immigrant visa applicants who have a criminal history often face significant obstacles in being able to immigrate to the United States.  Immigrant visa applicants who have been found guilty of a “Crime Involving Moral Turpitude” (“CMIT”) are ineligible to immigrate to the United States and obtain a “green card”. Even

EB-5 Reform and Integrity Act of 2022

The EB-5 Reform and Integrity Act of 2022 (“Act”) was passed by Congress and signed by President Biden on March 15, 2022.  Most of the provisions of the Act will become effective 60 days from enactment, which will be the middle of May 2022.  The Act includes many changes to

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

USCIS Will Begin Accepting Parole-in-Place Applications on August 19, 2024

Following the June 18, 2024 announcement of Parole-in-Place, the U.S. Department of Homeland Security (“DHS”) will begin accepting applications beginning August 19, 2024. Applications filed prior to August 19 will be rejected. In order to be considered for Parole-in-Place, which is approved on a case-by-case basis, an applicant must have

How Does a Country Qualify for the United States Visa Waiver Program (ESTA)?

The U.S. Visa Waiver Program (“VWP”), Electronic System for Travel Authorization (“ESTA”) is a program of the United States government created to facilitate visa-free travel for eligible citizens from participating countries This program is commonly referred to as ESTA by the general public. A country qualifying for the  VWP allows

What are the Vaccination Requirements for an Immigrant Visa?

The U.S. government requires immigrant visa applicants to meet specific health standards. One component of these standards is the vaccination requirement. But what exactly does an intending immigrant need to do to meet these requirements? The Process: Medical Examination and Vaccinations The process of fulfilling the vaccination requirement is part

What is ESTA and How is it Used to Enter the United States

What is ESTA? Short for “The Electronic System for Travel Authorization” (“ESTA”) Visa Waiver Program is a program of the United States government to facilitate visa-free travel for eligible citizens from participating countries. Launched in 2009, ESTA streamlines the process for visitors entering the U.S. for purposes of pleasure, tourism,

What is the Parole-in-Place Announcement By President Biden?

On June 18, 2024, President Joe Biden announced a series of immigration actions by using an Executive Order (“EO”). The EO, formally known as Parole-in-Place, are designed to help certain undocumented aliens obtain lawful presence within the United States.  It consists of the following: Spouses and children of U.S. citizens

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