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What is Extreme Hardship in a Waiver Application?

One way immigrant visa applicants may be eligible for a waiver of a refused immigrant visa is to file a Form I-601 Waiver of Inadmissibility through the U.S. Citizenship and Immigration Services (“USCIS”) and  demonstrate that they have a qualifying U.S. relative (spouse or child) and who would suffer “extreme

USCIS Posts Notices Regarding the EB-5 Regional Center Program Petition Processing

The United States Citizenship and Immigration Services (“USCIS”) has posted several alerts on its EB-5 Immigrant Investor Program webpage updating the public on the status of Form I-526 and Form I-829 Petitions.  The alerts read: “Alert: We will continue to adjudicate Form I-829, Petition by Investor to Remove Conditions on Permanent Resident

USCIS Updates Guidance on Employment Authorization for E and L Nonimmigrant Spouses

The U.S. Citizenship and Immigration Services (“USCIS”) has updated guidance in its USCIS Policy Manual to address the documentation that E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status. On November 12, 2021, the USCIS issued a policy announcement to clarify that it

USCIS Publishes New Guidance on Scope of Evidence in Cases of Extraordinary Ability

The U.S. Citizenship and Immigration Services (“USCIS”) has updated its Policy Manual to provide guidance on the type of “published material” that persons applying for an Employment Based First Preference Immigrant Visa category (“EB-1”) can present as evidence when applying for the visa category. Persons with “extraordinary ability in the

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

U.S. CDC Rescinds COVID-19 Testing for Passengers from China

The U.S. Center for Disease Control (“CDC”) has rescinded a policy that air passengers boarding flights to the United States originating from the People’s Republic of China (“PRC”) and the Special Administrative Regions of Hong Kong and Macau have a negative COVID-19 test or documentation of recovery. The policy, which

USCIS Flexibility For Responding to Agency Requests Will Expire on March 23, 2023

The United States Citizenship and Immigration Services (“USCIS”) COVID-19 related flexibilities will expire on March 23, 2023. The USCIS, which has extended COVID-19 related flexibilities multiple times including March 2022, October 2022 and January 2023 are not expected to be further extended. The extensions have been in place to assist

USCIS Announces Additional Mail Delivery Process for Receiving ADIT Stamp

The United States Citizenship and Immigration Services (“USCIS”) has announced that lawful permanent residents may receive temporary evidence of their lawful permanent resident status by mail rather than having to physically visit a field office to receive an Alien Documentation, Identification and Telecommunication (“ADIT”) stamp (also known as an I-551

The Visa Waiting Time for the Family-Based First Preference Immigrant Visa Category

Family-based immigration is an important aspect of the United States immigration system, which allows citizens and lawful permanent residents to sponsor their close relatives. One of the family-based immigrant visa categories is the first preference category, which is for unmarried adult children (21 years or older) of U.S. citizens; often

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