When you sponsor your husband or wife for a U.S. immigrant visa, the government wants to see that there will be adequate financial support once your spouse becomes a lawful permanent resident (“Green Card Holder.”). For most marriage-based cases, this requires completing a Form I-864, Affidavit of Support (“Form I-864”)
For EB-5 investors, capital redeployment is an important consideration when investment funds are repaid by the original job-creating entity to the New Commercial Enterprise (“NCE”). The Reform and Integrity Act (“RIA”) establishes specific parameters governing when a NCE must redeploy investment funds while continuing to maintain the EB-5 investors’ capital
When you are a parent with plans to immigrate to the United States, one of the most important questions may be whether your child can come with you. The answer depends on many factors such as the visa category, your child’s age, his/her marital status, and your relationship to the
Applying for a U.S. visa based on marriage, commonly known as a Spousal visa, requires more than showing that you are legally married. The U.S. government must also be satisfied that you entered into the marriage in good faith and not primarily to obtain an immigration benefit. For couples living
Having an immigrant petition approved by the United States Citizenship and Immigration Services (“USCIS”) is an important milestone, but for many applicants living outside the United States, it is not the end of the immigration process. Following USCIS approval, the case moves to the National Visa Center (“NVC”) which is
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
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
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
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
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
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
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