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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

form i0854
When Do Sponsor Obligations End Under Form I-864?

For immigrants to the United States, the Form I-864, Affidavit of Support (“Form I-864”), is a critical part of the family-based immigration process. It is a legally enforceable contract in which a sponsor agrees to financially support the intended immigrant, helping ensure that the immigrant does not rely on certain

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F, M and J Student Visa Interviews to Resume with Enhanced Social Media Vetting

The United States Department of State (“DOS”) has instructed Embassies and Consulates to begin accepting new F, M, and J student visa application appointments following a temporary suspension. The pause was initiated to allow DOS to implement policy changes regarding social media vetting. After the suspension, e F, M, and

us embassy in china
United States Announces New Visa Policies Targeting Chinese Nationals

The U.S. Department of State (“DOS”) has announced a new set of visa policies aimed at increasing scrutiny of Chinese nationals seeking to enter the United States. In a press statement issued by Secretary of State Marco Rubio, the DOS outlined forthcoming measures that align with President Trump’s directive to

us consulate in hk
U.S. Consulate in Hong Kong Announces New Policy for Immigrant Visa Applicants

Beginning July 1, 2025, Immigrant Visa and K Fiancée Visa applicants who have not brought ALL the required documents to their interview will be turned away and required to reschedule their appointment. Applicants must present original civil documents, including police certificates, marriage and divorce certificates, and birth certificates, and make

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