The United States Department of State (“DOS”) has released a fact sheet on establishing a new Birth Tourism Prevention Task Force (“Task Force”) that reviews nonimmigrant visa holders activities specifically to identify those who have engaged in birth tourism and to revoke visas for those who engage or facilitate in
Regional Centers participating in the EB-5 Immigrant Investor program are subject to ongoing compliance requirements designed to maintain transparency and accountability. These requirements include notifying the Department of Homeland Security (“DHS”) of significant organizational changes, maintaining records for a specified period, and cooperating with government audits. Understanding these obligations is
The United States Citizenship and Immigration Services (“USCIS”) has amended a previous policy during the Biden Administration which encouraged adjudicating officers to issue a Request for Evidence (“RFE”) before denying an immigration benefit even if the benefit being sought was filed incomplete, the requestor failed to demonstrate eligibility for the
Applying for a U.S. visa from Vietnam may seem straightforward when the forms are available online and the basic steps appear clear. However, the process may become difficult when there is a prior visa refusal, past marriage and name issues, missing documents or anything else that may require a closer
Marriage to a U.S. Citizen does not automatically grant a Vietnamese spouse the right to live permanently in the United States. Before a Vietnamese spouse can immigrate to the United States, the U.S. Citizen or Lawful Permanent Resident (“Petitioner”) must first establish the marital relationship, complete the required documentation and
It is often misunderstood that those who enter the United States on a B-1/B-2 Visitor Visa and granted a 6 month stay are allowed to leave the United States, re-enter and be granted another 6 months upon re-arrival. While there may be reasons why this is acceptable, and many visitors
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
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
Quick Comparison: K-3 vs CR-1/IR-1 K-3 Visa CR-1/IR-1 Visa Visa type Nonimmigrant Immigrant Who qualifies Spouse of a U.S. citizen Spouse of a U.S. citizen (IR-1) or LPR (CR-1) Primary forms I-130 + I-129F I-130 Status upon entry Nonimmigrant; must file AOS after arriving Immigrant immediately; becomes LPR at port
Five years ago, USCIS routinely took three months to issue employment authorization documents (EADs) and advance parole (AP) travel documents. Prior to the pandemic, USCIS was taking approximately six months to issue them. Now, USCIS can take nine months or longer to issue these documents. These delays create huge hardships to organizations
Pursuant to a Biden Administration initiative, on January 21, 2022, the Departments of State (“DOS”) and Homeland Security (“DHS”) announced new actions related to STEM work authorization, J-1 Researchers, National Interest Waivers, and O-1 Extraordinary Ability Workers. You can read the White House Fact Sheet here. “The Biden-Harris Administration believes
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