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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

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

Adjustment of status
What Is Adjustment Of Status For U.S. Immigration Purposes?

Under U.S. immigration law, Adjustment of Status (“AOS”) refers to the process through which an individual who is already in the United States applies to change their immigration status from that of a nonimmigrant visa status to that of an immigrant visa status, or “Lawful Permanent Residence”. This process is

taxes
Delinquent U.S. Taxpayers in Southeast Asia

Quick Summary: U.S. Tax Obligations for Americans in Southeast Asia Question Answer Do U.S. citizens living in Vietnam or the Philippines need to file U.S. taxes? Yes, regardless of where in the world they live Legal basis? Printed on the last page of every U.S. passport: all U.S. citizens abroad

ninth circuit
Federal Court of Appeals Rules Against Trump’s EO Ending Birthright Citizenship

A Federal Court of Appeals handed the Trump Administration another blow in its fight to redefine the 14th Amendment ending birthright citizenship through Executive Order (“EO”). The San Francisco-based Ninth Circuit Court of Appeals rejected the Administration’s request for an emergency order putting on hold a nationwide ban issued by

Nonimmigrant Visa Dropbox Renewal Eligibility Reverts Back to Pre-COVID Standards

Effective immediately, the United States Department of State (“DOS”) has revised the requirements for interview waiver eligibility (commonly referred to as dropbox eligibility) to applicants renewing a nonimmigrant visa in the classification that expired within the past twelve (“12”) months. Previously, some nonimmigrant visa applicants were eligible to renew through

Trump-signed
Trump’s EO Ending Birthright Citizenship Dealt Another Setback by A Second Judge

President Donald Trump’s Executive Order (“EO”) ending birthright citizenship was dealt another setback after a second federal judge ordered an additional pause. Judge Deborah Boardman of the Federal District of Maryland issued a nationwide injunction against the EO commenting that no court in the country has endorsed the Trump administration’s

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