News & Resources

Announcement: Foreign Students No Longer Able to Engage in Full-Time Online Course Work for Fall Semester 2020

July 9, 2020

The United States Department of Homeland Security (“DHS”) has announced a new policy related to foreign students studying in the United States full-time online as a result of many academic institutions shifting to virtual classes because of the COVID-19 pandemic. According to DHS, all foreign students including those from Vietnam,

Are K-1 Fiancé Visas Exempted Under Trump’s Immigration Ban?

July 7, 2020

Following U.S. President Donald Trump’s April 22nd Executive Order (“EO”) as the “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak”, restricting certain applicants from receiving their immigrant visas for at least 60 days, many of our clients have inquired if

U.S. Supreme Court Allows DACA to Stand

July 6, 2020

On June 18th, the United States Supreme Court ruled that the U.S. Department of Homeland Security (“DHS”) acted arbitrarily and capriciously when it rescinded Deferred Action for Childhood Arrivals (“DACA”) and ordered DACA to stand. The DACA program, an Obama administration policy which provides deferred action on removal proceedings and

Trump’s Amended Immigration Ban Exempts Children of U.S. Citizens and Permanent Residents

June 29, 2020

Following U.S. President Donald Trump’s June 22nd proclamation amending a previous Executive Order (“EO”) restricting immigration to certain immigrant and non-immigrant visa applicants, an exemption has been granted to children of U.S. citizens and permanent residents. The previous EO issued on April 22nd formally known as the “Proclamation Suspending Entry

Actions to Take When a Client’s I-526 Petition Enters Processing Limbo

June 24, 2020

EB-5 investors and projects continue to contend with lengthy delays in the processing of I-526 Petitions. Average processing times have steadily increased over the past few years, in stark contrast to United States Citizenship and Immigration Services (“USCIS”) new Investor Program Office (“IPO”) statements that it would reverse the trend

Public Charge Rule is Now Stopped – Again – In Latest Round of Litigation

November 3, 2020

A federal judge has stopped the United States Department of Homeland Security (“DHS”) public charge rule which was recently allowed to proceed after an injunction was lifted by the United States Circuit Court for the Second Circuit. Judge Gary Feinerman of the U.S. District Court for the Northern District of

USCIS Premium Processing Fees to Increase as of October 19

October 22, 2020

On October 19, 2020, United States Citizenship and Immigration Services (“USCIS”) premium processing fees will increase in accordance with the Continuing Appropriations Act signed into law on October 1, 2020.. USCIS premium processing allows a petitioner to receive a decision within 15 business days by submitting a Form I-907, Request

DOS to Allow Certain Non-immigrant Visa Applicants to Proceed with Interviews

October 16, 2020

Following the United States Federal District Court for the Northern District of California issuing a narrow injunction against the United States Department of State, certain nonimmigrant visa applicants that were previously subjected to U.S. President Donald Trump’s immigration ban executive order will no longer be subjected to the executive order.

Are you a Conditional Permanent Resident outside the United States because of Covid-19: I-829 and I-751?

October 9, 2020

Are you a conditional permanent resident waiting for the approval of a Form I-829 Petition (for EB-5 immigrant investors) or a Form I-751 Petition (for spouses of U.S. citizens) to remove the condition from your permanent resident status but have not been able to return to the U.S. because of

DHS to Introduce New Rule Holding Immigrant Sponsors Accountable for Failing to Meet Contractual Obligations

October 8, 2020

The United States Department of Homeland Security (“DHS”) has introduced a rule that would hold immigrant sponsors accountable for failing to meet contractual obligations that they enter when sponsoring a foreign national for an immigrant visa. The new rule comes after the United States Court of Appeals for the Second

New Increased USCIS Filing Fees for EB-5 Investors

October 1, 2020

Update: Between the writing and publication of this article, a federal judge granted a motion for a preliminary injunction against the U.S. Citizenship and Immigration Services (USCIS) fee rule discussed herein. As long as this preliminary injunction is in place, the existing fees remain as before. Effective October 2, 2020,

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