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USCIS Extends Flexibility for Responding to Agency Requests

The U.S. Citizenship and Immigration Services (“USCIS”) is extending the time within which to reply to certain notices and requests that is originally announced on March 30, 2020.{ https://enterlinepartners.com/language/en/announcement-extended-deadlines-to-respond-to-rfes-and-noids/ } The extension applies to any stakeholder that is responding to the following: Requests for Evidence; Continuations to Request Evidence (N-14);

Federal Court to Allow Public Charge Inadmissibility to Resume

The United States Court of Appeals for the Second Circuit lifted an injunction issued by a federal judge allowing the Department of Homeland Security (“DHS”) to resume public charge inadmissibility. The most recent ruling has been part of intense ongoing litigation since DHS, under the direction of  the Trump Administration,

Important Notice for K Visa Applicants Affected by COVID-19

Effective August 28, as it becomes safe to resume more consular operations at the U.S. Embassy in Manila and the U.S. Consulate in Ho Chi Minh City, posts are authorized to give K visa cases high priority. Applicants should check https://www.ustraveldocs.com/ph/ (Philippines) and http://cdn.ustraveldocs.com/vn/ (Vietnam) for updates. The I-129F Petition

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

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