The United States Citizenship and Immigration Services (“USCIS”) has updated its Policy Manual concerning untimely filed extensions of stay and change of status requests. Generally, certain foreign nationals who are admitted to the United States as nonimmigrants for a specific period of time may file a Form I-539, Application to
In late 2021, our client (Joe), a U.S. citizen married his Philippines citizen wife (Jane) through an online marriage under the laws of the State of Utah. Following the marriage, Joe filed a Form I-130 Petition for Jane. After completing the United States Citizenship and Immigration Services (“USCIS”) adjudication process
The L-1A visa is a non-immigrant visa category for multinational companies to transfer qualified employees from a foreign company to a U.S.-based office in an executive or managerial capacity. There are two key relationships that can exist between the foreign company and the U.S. company to qualify for an the
In the United States, maintaining accurate and up-to-date records is crucial for individuals holding Lawful Permanent Resident status and those on nonimmigrant visas or in other status. The U.S. Citizenship and Immigration Services (“USCIS”) requires that foreign nationals promptly update their address whenever they move. Importance of Address Updates: The
The United States Citizenship and Immigration Services (“USCIS”) will increase Form I-907, Request for Premium Processing filing fees. After leaving these fees unchanged for three (3) years, the charges for certain premium processing cases will increase from $1500 to $1685, $1750 to $1965, and $2500 to $2805, depending on the
A K-3 visa is a non-immigrant visa issued to a foreign spouse married to a U.S. citizen. Like a K-1 visa, a K-3 visa is also filed using a Form I-129F Petition for Alien Fiancé(e) (“Form I-129F Petition”) intended to shorten the separation period between the married couple and allow
There has always been a challenge with some U.S. government offices incorrectly listing Vietnamese citizen’s names on government documents such as visas and Form I-551 “Green Cards” because Vietnamese passports list names in order of last name (or “family name” or “surname”) followed by middle name then first name. Moreover,
Five years ago, USCIS routinely took three months to issue employment authorization documents (EADs) and advance parole (AP) travel documents. Prior to the pandemic, USCIS was taking approximately six months to issue them. Now, USCIS can take nine months or longer to issue these documents. These delays create huge hardships to organizations
Pursuant to a Biden Administration initiative, on January 21, 2022, the Departments of State (“DOS”) and Homeland Security (“DHS”) announced new actions related to STEM work authorization, J-1 Researchers, National Interest Waivers, and O-1 Extraordinary Ability Workers. You can read the White House Fact Sheet here. “The Biden-Harris Administration believes
On January 5, 2022, the Department of Homeland Security (“DHS”), on behalf of the United States Citizenship and Immigration Services (“USCIS”), filed a motion to dismiss its appeal of a U.S. District Court’s ruling in the case Behring Regional Center LLC v. Alejandro N. Mayorkas, et al. (“Behring v. Alejandro”).
Six months have passed since the EB-5 Regional Center Program (“Program”) expired and Congress has still not taken any steps towards its renewal. Originally enacted in 1993, the Program was a pilot, or test, program and was never made permanent. The Program had been extended on a regular basis for
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