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What is Extreme Hardship in a Waiver Application?

One way immigrant visa applicants may be eligible for a waiver of a refused immigrant visa is to file a Form I-601 Waiver of Inadmissibility through the U.S. Citizenship and Immigration Services (“USCIS”) and  demonstrate that they have a qualifying U.S. relative (spouse or child) and who would suffer “extreme

USCIS Posts Notices Regarding the EB-5 Regional Center Program Petition Processing

The United States Citizenship and Immigration Services (“USCIS”) has posted several alerts on its EB-5 Immigrant Investor Program webpage updating the public on the status of Form I-526 and Form I-829 Petitions.  The alerts read: “Alert: We will continue to adjudicate Form I-829, Petition by Investor to Remove Conditions on Permanent Resident

USCIS Updates Guidance on Employment Authorization for E and L Nonimmigrant Spouses

The U.S. Citizenship and Immigration Services (“USCIS”) has updated guidance in its USCIS Policy Manual to address the documentation that E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status. On November 12, 2021, the USCIS issued a policy announcement to clarify that it

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

David Enterline Discussed Recent Changes to EB-5 During Webinar

On Saturday, October 30, 2021, David Enterline of Enterline and Partners Consulting discussed recent changes to the EB-5 immigrant investor visa category (“EB-5”) during an EB-5 webinar organized by Internegra Immigration and Pearl Bay Consulting for Indonesian and Vietnamese investors. Mr. Enterline explained that in June 2021, in the case

Potential Waivers for COVID-19 Vaccination Requirements for Immigrants

All immigrants to the U.S. must pass a medical examination prior to their visa interview. One of the criteria determined at the medical examination is whether the intending immigrant has received vaccinations required to be eligible to immigrate. Beginning October 1, 2021, most immigrants will be required to receive a

Why is Your Case Taking So Long? USCIS Processing Delays Remain at Crisis Levels

Why Hasn’t Your Case Been Decided Yet? Nationwide, you and millions of families, businesses, and individuals applying for immigration benefits are waiting longer for U.S. Citizenship and Immigration Services (“USCIS”) to process and approve applications and petitions. Based on previously available USCIS data, in Fiscal Year (“FY”) 2014, an average

USCIS Continues Its Additional 60 Days for Responding to Agency Requests

The United States Citizenship and Immigration Services (“USCIS”) announced that in response to the ongoing COVID pandemic, it is once again extending flexibility that it announced on March 30, 2020 in responding to agency requests. The USCIS is granting an additional 60 calendar days to respond to following requests: Requests

DOS Authorizes F M and J Academic Visa Interview Waivers Through End of 2021

As an additional measure aimed at reducing visa application backlogs and freeing up available resources at U.S. Embassies and Consulates, the United States Department of State (“DOS”) will allow consular officers to waive in-person interviews for F, M, and J academic visas. The new DOS policy, which will run until

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