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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

No Changes to EB-5 Category in the March 2022 Visa Bulletin

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

What is a K-3 Visa and How is it Different from a CR-1/ IR-1 Visa?

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

Vietnamese Names Listed Incorrectly on U.S. Visas and Green Cards

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,

What Vaccinations are Applicants Required to Have to Immigrate to the United States?

To protect the health of U.S. citizens, permanent residents, and other people in the United States from communicable diseases, intending immigrants to the United States are required to be vaccinated against certain diseases to receive an immigrant visa.   The diseases currently required to be vaccinated against are: Diphtheria Tetanus Pertussis

DOS Updates on Immigrant Visa Processing Delays

The United States Department of State (“DOS”) has announced updates to the tiered approach  to remove backlogs and resume normal consular operations at embassies and consulates that have been severely impacted by the COVID-19 pandemic. According to DOS, Tier 1, which includes immediate relative intercountry adoption visas and age-out cases

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

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