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
In a new policy memorandum issued by the United States Citizenship and Immigration Services (USCIS) last July 13, 2018, USCIS adjudicators are given discretion to deny applications, petitions, or requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if the initial evidence is
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
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,
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
The U.S. Department of State (“DOS”) has published the October 2022 Visa Bulletin and the “Final Action Date” Priority Dates for Chinese and Indian EB-5 investors under the “5th Unreserved” visa category has retrogressed (moved backward in time). What is the Priority Date? Following the return of the Regional Center
For most people who are immigrating to the United States there two main categories of immigrant visas: family immigration visas and employment and investment immigration visas. These are the Immediate Relative (“IR”) category, the Family-Based Preference (“FB”) category and Employment-Based Preference (“EB”) category. For the FB and EB categories, there
Beginning October 3, 2022, all Vietnamese immigrant and nonimmigrant visa applicants whose passports were issued starting July 1, 2022 must include a Vietnam government endorsement page that states the place of birth. Visa applicants who do not have an endorsement page will not be permitted to attend their visa interviews
September 8, 2022 began a new era for Enterline and Partners in the EB-5 immigrant Investor Program as Managing Partner David Enterline filed a Form I-526E “Immigrant Petition by Regional Center Investor” for an EB-5 immigrant investor seeking lawful permanent residence under the EB-5 immigrant visa category. The investor, a
Following the Department of State’s amended regulations addressing birth tourism in January 2020, questions continue to be raised whether a pregnant woman may travel to the U.S. on a valid B-1/B-2 Visitor Visa for the sole purpose of giving birth regardless of whether she was issued the B-1/B-2 Visitor Visa
On August 25, 2022 a settlement was reached in two cases between multiple plaintiffs against the United States Citizenship and Immigration Services (“USCIS”) that re-authorized previously approved regional centers which USCIS had deauthorized following the enactment of the EB-5 Reform and Integrity Act in March 2022. The settlement agrees to
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