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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

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

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

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