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U.S. Consulate Operations in Vietnam Reduced until September 15th

The People’s Committee of Ho Chi Minh City has announced a full lockdown of the city until at least September 15th. As a result, the U.S. Consulate in Ho Chi Minh City is unable to process routine visa appointments and can only grant visa appointment requests in extraordinary circumstances such

COVID-19 Vaccinations Required for Immigrant Visa Applicants Beginning October 1st, 2021

Beginning October 1, 2021, all immigrant visa applicants will be required to receive a COVID-19 vaccine as a medical clearance prerequisite. Medical evaluations, which are regulated by the United States Centers for Disease Control (“CDC”), require immigrant visa applicants to meet certain health and vaccination standards before an immigrant visa

Update on the EB-5 Immigrant Investor Program

The EB-5 Immigrant Investor “Regional Center” Program (“Program”) lapsed on June 30, 2021 due to the failure of the U.S. Congress to extend or reauthorize it before that date.  Congress has not yet passed a law to reauthorize the Program. As a result, any investor and family members who do

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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