Announcement: Federal Judge Temporarily Blocks DOS and DHS from Implementing Public Charge Inadmissibility

August 4, 2020

A United States federal judge issued a nationwide injunction temporarily blocking the Department of State (“DOS”) and the Department of Homeland Security (“DHS”) from enforcing Public Charge inadmissibility in response to the COVID-19 pandemic. Judge George McDaniels of the United States District Court for the Southern District of New York

Announcement: CDC Issues One Month Extension on Immigrant Visa Medical Evaluations

July 29, 2020

The United States Centers for Disease Control (“CDC”) has approved a one-month extension on medical evaluations conducted for immigrant visa applications between January 1, 2020 and June 30, 2020. Immigrant visa applicants who obtained medical clearances as well as those who had their immigrant visas issued but were unable to

Hong Kong Born Nationals Facing Long Wait Times for Immigrant Visas

July 28, 2020

On July 14, 2020 President Trump signed the Hong Kong Autonomy Act of 2020 and at the same time signed The President’s Executive Order on Hong Kong Normalization. The intent of this Executive Order (“EO”) is to suspend or eliminate different and preferential treatment for Hong Kong, including the treatment

Congratulations to David Enterline – 25 years as an American Immigration Lawyers Association (“AILA”) Member

July 27, 2020

Congratulations to David Enterline who has reached 25 years as an American Immigration Lawyers Association (“AILA”) member. AILA is the 15,000+ association of U.S. and international lawyers who practice U.S. immigration law. During his membership, David has been active as a member in the Asia-Pacific Chapter serving in various roles of

Has Trump Finally Overstepped His Abuse of Executive Authority?

July 22, 2020

Editor’s Note: this article was written after the lawsuit discussed herein but not published before the DHS indicated to the Federal Court judge on July 14th that it would rescind the policy. In a recent American Immigration Lawyers Association (“AILA”) webinar, the esteemed Ira Kurzban, unquestionably regarded as the godfather

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

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

February 12, 2022

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. This

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David Enterline speaks at IIUSA EB-5 Event in East Asia

What is a Form I-129F? Petition for Alien Fiancé Explained

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