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
The Department of State (“DOS”) March 2022 visa bulletin continues to show EB-5 regional center visa categories (I5 and R5) unavailable (U) because the EB-5 regional center program remains expired. Read more: the regional center program (“Program”) having lapsed on June 30, 2021. Visas in non-regional center visa categories (C5
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
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
For employers and employees navigating the U.S. immigration system, time is often the most critical resource. The United States Citizenship and Immigration Services (“USCIS”) Premium Processing Service allows petitioners to significantly accelerate the adjudication of certain forms, specifically Form I-129 (Nonimmigrant Worker) and Form I-140 (Immigrant Worker), for an additional
For many Vietnamese and American couples, marrying is an important decision. One important question is where to get married. Deciding where to marry can shape your immigration timeline, your ability to live together, and even whether your immigration case succeeds. Many couples face the same dilemmas. At Enterline and Partners,
Following arrival in the United States, visitors (i.e. nonimmigrant visa holders, those from visa-free countries) are issued a Form I-94 which determines allocated length of stay. The Form I-94 used to be a paper form attached to the visitor’s passport. Now it is saved electronically on the Customs and Border
Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) was amended by the EB-5 Reform and Integrity Act of 2022 (“RIA”) to clarify how in some instances the age of children of investors is determined during participation in the EB-5 program. Under the RIA and the amendment to
Enterline and Partners (“EAP”) excited to announce that Ethan Phuc Le has joined the firm as Business Development Manager. Enterline and Partners is an American-owned immigration and investment consulting firm with offices in Ho Chi Minh City, Vietnam, and Manila, Philippines. Founded and managed by licensed U.S. immigration attorneys, the firm was established to
Filing a family based immigrant petition for a foreign spouse is one of the most commonly applied for U.S. immigration benefits. The Form I-130, Petition for Alien Relative (“Form I-130”), filed with the United States Citizenship and Immigration Services (“USCIS”) is used by U.S. citizens and lawful permanent residents (“Green
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