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The EB-5 Regional Center Program Will Lapse on June 30, 2021

The EB-5 Immigrant Investor “Regional Center” Program (“Program”) will lapse on June 30, 2021 due to the failure of the U.S. Congress to reauthorize or extend it before the expiration date.  Because the Senate has adjourned for recess until July 12, 2021, the Program will remain unavailable as no legislation

AILA – Practice Advisory: Immigrant Visa (Green Card) Processing Delays

Update: The Department of State has updated their triad approach. For more information, click here. After enduring the COVID-19 pandemic for over a year, most U.S. embassies and consulates are not operating at full capacity. Due to limited appointment availability, a significant backlog was created for immigrant (IV) and nonimmigrant visa

USCIS Policy Update to “Requests for Evidence” and “Notices of Intent to Deny”

The U.S. Citizenship and Immigration Services (“USCIS”) has issued new policy guidance in the USCIS Policy Manual to address the circumstances in which officers should issue Requests for Evidence (“RFEs”) and Notices of Intent to Deny (“NOIDs”). In 2013, USCIS published guidance instructing officers to issue RFEs in cases involving

AILA – The Non-Immigrant Visa Interview Waiver Process

Individuals who are required to obtain a visa to enter the United States must apply at a U.S. consulate abroad. A critical part of the application process involves an in-person interview at the consulate to verify information in the application and ask questions about eligibility for the visa. If the visa

DOS Further Extends Non-Immigrant In-Person Interview Requirements

The United States Department of State (“DOS”) has announced a third extension authorizing consular officers to waive in-person interview requirements for individuals applying for a non-immigrant visa within the same category. The first extension, which expired on December 31, 2020, was further extended to March 31, 2021 and allowed for

DHS Announces End to Public Charge Litigation

The United States Department of Homeland Security (“DHS”) has announced that the Department of Justice (“DOJ”) will no longer appeal judicial decisions invalidating or enforcing the 2019 Public Charge rule. Noting that litigating inadmissibility based on public charge is neither in the public interest or an efficient use of limited

Vietnam Investors Leap Forward Almost 2 Months on the April visa bulletin

Good news for Vietnam EB-5 Investors, as the “Final Action Date” priority date on the Department of State’s April visa bulletin leaped forward by almost two months, from October 22, 2017 to December 15, 2017.  The priority date indicates that any Vietnamese investors who filed their I-526 Petitions on or

What is a Form I-129F?

A Form I-129F is a Petition for Alien Fiance filed through the United States Citizenship and Immigration Services (“USCIS”). The form can only be filed by a U.S. citizen over the age of 21. Non-US citizens including Lawful Permanent Residents (i.e. Green Card Holders) are not able to petition their

What is a Form I-130 Petition?

A Form I-130 is a Petition for Alien Relative filed through the United States Citizenship and Immigration Services (USCIS). The form can be filed by either a U.S. Citizen or Lawful Permanent Resident (Green Card Holder) which establishes a valid family relationship. It is the first step in helping immediate

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