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What is the Doctrine of Consular Nonreviewability?

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

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?

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

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

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

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

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