USCIS Updated Policy Alert Concerning Direct Consular Filing at U.S. Embassies and Consulates

February 17, 2020

U.S. Citizenship and Immigration Services (“USCIS”) released an updated policy memorandum advising the Department of States (“DOS”) on adjudicating Form I-130 Petitions for Alien Relatives at U.S. Embassies and Consulates through Direct Consular Filing (“DCF.”) The policy memorandum clarifies that USCIS will no longer accept and adjudicate routine I-130 Petitions

U.S. State Department 2019 Novel Coronavirus Has Not Changed Visa Adjudication

February 13, 2020

The U.S. Department of State (“DOS”) which oversees the visa adjudication process at U.S. Embassies and Consulates has not released any formal statement indicating that the 2019 Novel Coronavirus has resulted in the suspension of consular operations. A recent social media posting purported to be an official statement from the

What is Lawful Source of Funds and Path of Funds for an EB-5 Immigrant Investor?

February 5, 2020

The investment capital that an EB-5 Investor may use for his or her investment, called the “lawful source of funds” (“SOF”), can come from any source as long as the investor can prove that the capital or funds were obtained lawfully. Some common SOF are salary and bonus income, dividends

USCIS to Change its Processing Policy for I-526, Immigrant Petition by Alien Investor EB-5 Petitions

January 31, 2020

U.S. Citizenship and Immigration Services (“USCIS”) announced it is changing the way it will process Form I-526, Immigrant Petition by Alien Investor, moving from a first-in, first-out basis to a visa availability approach. The Form I-526 Petition is filed by someone wanting to immigrate to the U.S. via the EB-5

The United States Supreme Court To Allow Public Charge Rule To Take Effect

January 30, 2020

The U.S. Supreme Court has ruled in favor of a Trump Administration policy expanding the government’s ability to refuse immigrant visas and issue green cards to immigrants who are likely to become a Public Charge. The 5-4 ruling, which was divided on ideologically lines, will allow the new rule to

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

March 29, 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

March 24, 2023

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

Enterline and Partners Obtains E-2 Approval Based on an Investment of US$70,000

March 6, 2023

Enterline and Partners recently obtained an approval for a Philippine client based on his investment of US$70,000 into a new business in the United States. This is a relatively small investment for an E-2 Treaty Investor visa and demonstrates that a “totality of the evidence and the business” is very

USCIS Issues New Policy Guidelines In Calculating a Child’s Age under the Child Status Protection Act

February 24, 2023

The United States Citizenship and Immigration Services (“USCIS”) has issued new guidelines in the agency’s policy manual in determining when an immigrant visa number “becomes available” for purposes of calculating an immigrant visa applicant’s age under the Child Status Protection Act (“CSPA”). In order for a child to be issued

A Poem for EB-5

February 18, 2023

U.S.-oriented, the goal of investment immigration EB-5 program is a choice of individuals, an opportunity to create a life of freedom Entrepreneurial development in this land, stepping towards success Infinite possibilities, the beauty of the future gradually unveiled An investment in exchange for a visa, achieving a win-win outcome A

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

February 15, 2023

The U.S. immigration system provides several categories for individuals seeking to immigrate to the United States based on their familial relationships with U.S. citizens or lawful permanent residents. The fourth preference category (also known as the “F4” category) is for brothers and sisters of U.S. citizens. If you are the

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