Editor’s Note: this article was written after the lawsuit discussed herein but not published before the DHS indicated to the Federal Court judge on July 14th that it would rescind the policy. In a recent American Immigration Lawyers Association (“AILA”) webinar, the esteemed Ira Kurzban, unquestionably regarded as the godfather
The U.S. Consulate General for Hong Kong and Macau and the American Institute in Taiwan (“AIT”) resumed routine visa services on July 15, 2020. The AIT will resume routine visa services but will prioritize F, M, and J visa applications, which is understandable as students will need to obtain visas
The Trump Administration is rescinding its policy which would require foreign students to depart the United States if they are only taking classes online. The policy reversal came because of heavy criticism from both Republicans and Democrats who argued that the new rule would be disruptive to students and undermine
Following the resumption of limited immigrant visa processing on June 29th, the U.S. Embassy in Hanoi and the U.S. Consulate in Ho Chi Minh City will resume partial non-immigrant visa processing beginning July 15th. Applicants applying for the following visas will be allowed to schedule appointments: F-1 student visas; M-1
Enterline and Partners recently represented a newlywed couple living in the Philippines in an expedited I-130 Petition for Alien Relative at the U.S. Embassy in Manila. The couple, a U.S. citizen and a Philippines citizen, were married in the United States and living in Manila. The expedited filing, which was
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
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
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
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. The Act includes many changes to the
It is often misunderstood that those who enter the United States on a B-1/B-2 Visitor Visa and granted a 6 month stay are allowed to leave the United States, re-enter and be granted another 6 months upon re-arrival. While there may be reasons why this is acceptable, and many visitors
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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