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What is Extreme Hardship in a Waiver Application?

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

USCIS Posts Notices Regarding the EB-5 Regional Center Program Petition Processing

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

USCIS Updates Guidance on Employment Authorization for E and L Nonimmigrant Spouses

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

USCIS Publishes New Guidance on Scope of Evidence in Cases of Extraordinary Ability

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

Waivers for Immigrant Visa Applicants Refused for Criminal History

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

New Increased USCIS Filing Fees for EB-5 Investors

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,

Will U.S. Immigration Services Offer Special Relief to Permanent Residents Who Return to the United States After Being Abroad for More Than One Year Due to the COVID-19 Pandemic?

The U.S. Customs and Border Protection Agency (“CBP”) has not announced any special relief  to a lawful permanent resident (“LPR’) who has remained outside the United States for more than one year because of  COVID-19 travel and movement restrictions. Currently, a LPR who was remained outside the United States irrespective

What Happens to a Lawful Permanent Resident if They Have Been Outside the United States for More than One Year Because of COVID-19 Travel Restrictions?

Due to significant travel and movement restrictions caused by the COVID-19 pandemic, Lawful Permanent Residents (“LPR”’) have found themselves stranded abroad and thus unable to travel to the United States despite not having the intention of abandoning their LPR status.   All permanent residents receive an identification called a Form I-551

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