Can the Intending Immigrant Help the Sponsor Meet the Income Requirements?

September 26, 2025

In family-based immigration cases, a central component of this process is the Form I-864, Affidavit of Support (“I-864”). This legally binding contract is required to demonstrate that the intending immigrant (the “Beneficiary”) has adequate financial support from the sponsoring family member (the “Sponsor”) through income and/or assets, and therefore the

Is the EB-5 Immigrant Investor Visa for the U.S. a Secure Path to a Green Card?

September 24, 2025

The United States continues to be a top destination for individuals seeking world-class healthcare, top-tier education, and a stable environment for business and investment. For many individuals and families, investment-based immigration offers a convenient opportunity to secure lawful permanent residency in the United States. Among the various investment-based immigration options,

Distinguishing U.S. Immigrant Visa Categories: Family, Employment, and Investment

September 19, 2025

When people think of U.S. immigration, the first thing that comes to mind oftentimes is Lawful Permanent Residence (“Green Card.”) However, the journey to permanent residency is not a one-size-fits-all road. The Green Card system can be divided into several visa categories, each with its own purpose, requirements, and process.

DOS Will Now Require Nonimmigrant Visa Applicants to Interview in Place of Residence or Country of Nationality

September 16, 2025

Following the United States Department of State (“DOS”) updated policy requiring immigrant visa applicants to apply for their immigrant visas at Consulates in their place of residence or country of nationality, DOS now also requires nonimmigrant visa applicants to apply in their country of residence or nationality. According to DOS,

U.S. State Department Stiffens the Bar on Immigrant Visas for Communist Party Members

September 12, 2025

This article is posted here in English and translated into Vietnamese and posted courtesy of the author, Gary Chodorow of Chodorow Law Offices. You can find the original article on Gary’s website at: https://lawandborder.com/u-s-state-department-stiffens-the-bar-on-immigrant-visas-for-communist-party-members/ Introduction The U.S. State Department has updated its Foreign Affairs Manual (FAM) to toughen the statutory

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,

Department of Homeland Security Announces Proposed Rule Requiring Fixed Period of Stay for F and J Visa Holders

September 29, 2020

The United States Department of Homeland Security (“DHS”) has announced a proposed rule that would require a fixed period of stay for international students on F student visas and exchange visitors on J visas. Under the proposed rule, the DHS framework that currently allows foreign nationals on F and J

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?

September 27, 2020

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

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