Can the Intending Immigrant Help the Sponsor Meet the Income Requirements?

September 26, 2025

In family-based immigration cases, a central component of this process is the Form I-864, Affidavit of Support (“I-864”). This legally binding contract is required to demonstrate that the intending immigrant (the “Beneficiary”) has adequate financial support from the sponsoring family member (the “Sponsor”) through income and/or assets, and therefore the

Is the EB-5 Immigrant Investor Visa for the U.S. a Secure Path to a Green Card?

September 24, 2025

The United States continues to be a top destination for individuals seeking world-class healthcare, top-tier education, and a stable environment for business and investment. For many individuals and families, investment-based immigration offers a convenient opportunity to secure lawful permanent residency in the United States. Among the various investment-based immigration options,

Distinguishing U.S. Immigrant Visa Categories: Family, Employment, and Investment

September 19, 2025

When people think of U.S. immigration, the first thing that comes to mind oftentimes is Lawful Permanent Residence (“Green Card.”) However, the journey to permanent residency is not a one-size-fits-all road. The Green Card system can be divided into several visa categories, each with its own purpose, requirements, and process.

DOS Will Now Require Nonimmigrant Visa Applicants to Interview in Place of Residence or Country of Nationality

September 16, 2025

Following the United States Department of State (“DOS”) updated policy requiring immigrant visa applicants to apply for their immigrant visas at Consulates in their place of residence or country of nationality, DOS now also requires nonimmigrant visa applicants to apply in their country of residence or nationality. According to DOS,

U.S. State Department Stiffens the Bar on Immigrant Visas for Communist Party Members

September 12, 2025

This article is posted here in English and translated into Vietnamese and posted courtesy of the author, Gary Chodorow of Chodorow Law Offices. You can find the original article on Gary’s website at: https://lawandborder.com/u-s-state-department-stiffens-the-bar-on-immigrant-visas-for-communist-party-members/ Introduction The U.S. State Department has updated its Foreign Affairs Manual (FAM) to toughen the statutory

Waivers for Immigrant Visa Applicants Refused for Criminal History

March 31, 2022

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

March 28, 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

How Often Can Someone Visit and Stay in the United States on a B-1 B-2 Visitor Visa?

March 22, 2022

It is often misunderstood that those who enter the United States on a B-1/B-2 Visitor Visa and granted a 6 month stay are allowed to leave the United States, re-enter and be granted another 6 months upon re-arrival. While there may be reasons why this is acceptable, and many visitors

What is the Doctrine of Consular Nonreviewability?

March 11, 2022

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

March 7, 2022

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?

March 2, 2022

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

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