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
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
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. Moreover,
Editor’s Note: this article was written after the lawsuit discussed herein but not published before the DHS indicated to the Federal Court judge on July 14th that it would rescind the policy. In a recent American Immigration Lawyers Association (“AILA”) webinar, the esteemed Ira Kurzban, unquestionably regarded as the godfather
The U.S. Consulate General for Hong Kong and Macau and the American Institute in Taiwan (“AIT”) resumed routine visa services on July 15, 2020. The AIT will resume routine visa services but will prioritize F, M, and J visa applications, which is understandable as students will need to obtain visas
The Trump Administration is rescinding its policy which would require foreign students to depart the United States if they are only taking classes online. The policy reversal came because of heavy criticism from both Republicans and Democrats who argued that the new rule would be disruptive to students and undermine
Following the resumption of limited immigrant visa processing on June 29th, the U.S. Embassy in Hanoi and the U.S. Consulate in Ho Chi Minh City will resume partial non-immigrant visa processing beginning July 15th. Applicants applying for the following visas will be allowed to schedule appointments: F-1 student visas; M-1
Enterline and Partners recently represented a newlywed couple living in the Philippines in an expedited I-130 Petition for Alien Relative at the U.S. Embassy in Manila. The couple, a U.S. citizen and a Philippines citizen, were married in the United States and living in Manila. The expedited filing, which was
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,
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