Many persons who are lawfully present in the U.S. in valid nonimmigrant visa status are eligible to file a Form I-485, Application to Register Permanent Residence or Adjust Status (“I-485 Application”) and “adjust” their status from nonimmigrant status to lawful permanent resident status if they qualify for an immigrant visa
Effective December 12, 2022, the U.S. Citizenship and Immigration Services (“USCIS”) updated the USCIS Policy Manual to allow it to automatically extend the validity of Permanent Resident Cards (commonly called “Green Cards”) for lawful permanent residents who have applied for naturalization to become U.S. citizens. This update is expected to
David Enterline was again invited by American Venture Solutions Regional Center (AVS) to speak at its latest seminar in Ho Chi Minh City, Vietnam on November 20, 2022. Mr. Enterline discussed the provisions of EB-5 law as a result of the EB-5 Reform and Integrity Act of 2022 that was
The United States Department of State (“DOS”) in coordination with the American Immigration Lawyers Association, Department of State Liaison Committee (“AILA DOS Liaison”) recently published an advisory on changing venues for immigrant and K-1 visa processing for LGBT (Lesbian Gay Bi Transgender) applicants. Since the United States Supreme Court issued
Are you considering filing a petition or application for a U.S. visa or immigration benefit? These tips may help. The United States Citizenship and Immigration Services (“USCIS”) updated its website with Recommendations for Paper Filings to Avoid Scanning Delays. Published on November 16, 2022, these filing tips are very useful
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
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
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
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
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