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Final Guidelines on Unlawful Presence for Students and Exchange Visitors

United States Citizenship and Immigration Services (USCIS) August 9, 2018 policy memorandum revises the calculation of unlawful presence of those under F, J, or M nonimmigrant visa status and their dependents during their stay in the United States. Under the new memorandum, those holding F, J, or M visas who

U.S. Department of State Vietnam Visa Approvals for May and June 2018

The U.S. Department of State (“DOS”) has published a list of visa issuances for both immigrant and nonimmigrant visas for the months of May and June 2018. There were 1,643 immigrant visas issued for Vietnamese nationals in May. Eighty-four were IR-1 visas and 187 were CR-1 visas. The IR-1 visa

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How to Apply for Naturalization if your American Spouse is Stationed Abroad

Vietnamese spouses of U.S. citizens are generally eligible for green cards and eventually U.S. citizenship based on their marriage. In general, a person may only be naturalized after showing that they have resided in the United States as a green card holder for a certain prescribed period of time. However,

Changes in Immigration Policy

A series of small moves concerning the Trump Administration’s immigration policy have recently been undertaken. CNN reports the following actions made by the administration: Attorney General Jeff Sessions has issued a Decision directing the Board of Immigration Appeals (BIA) to refer cases for his review when such cases have issues

USCIS Extends Flexibility for Responding to Agency Requests Through March 2023

The United States Citizenship and Immigration Services (“USCIS”) is extending certain COVID-19-related flexibilities through March 23, 2023. The flexibilities, which were initially scheduled to expire on January 24, 2023 were previously extended in March and October 2022 are to assist applicants, petitioners and requestors in being allocated additional time to

EB-5 Immigrant Investor Fees to Increase for Investors and Regional Centers

The Department of Homeland Security (“DHS”) published a Notice of Proposed Rule-Making (“NPRM”) to adjust fees for various immigration benefits provided by the United States Citizenship and Immigration Services (“USCIS”).   Included in the NPRM are proposed fees for many forms used under the EB-5 Immigrant Investor Program (“EB-5 Program.”). Fees

U.S. Center for Disease Control to Require COVID Testing for Passengers from China

The U.S. Center for Disease Control (“CDC”) has announced that it will implement a requirement for a negative COVID-19 test or documentation of recovery for 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

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