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AILA – Practice Advisory: Immigrant Visa (Green Card) Processing Delays

Update: The Department of State has updated their triad approach. For more information, click here. After enduring the COVID-19 pandemic for over a year, most U.S. embassies and consulates are not operating at full capacity. Due to limited appointment availability, a significant backlog was created for immigrant (IV) and nonimmigrant visa

USCIS Policy Update to “Requests for Evidence” and “Notices of Intent to Deny”

The U.S. Citizenship and Immigration Services (“USCIS”) has issued new policy guidance in the USCIS Policy Manual to address the circumstances in which officers should issue Requests for Evidence (“RFEs”) and Notices of Intent to Deny (“NOIDs”). In 2013, USCIS published guidance instructing officers to issue RFEs in cases involving

AILA – The Non-Immigrant Visa Interview Waiver Process

Individuals who are required to obtain a visa to enter the United States must apply at a U.S. consulate abroad. A critical part of the application process involves an in-person interview at the consulate to verify information in the application and ask questions about eligibility for the visa. If the visa

USCIS Announces New Policy Highlights for Expedited Processing

The United States Citizenship and Immigration Services (“USCIS”) has released a new policy update pertaining to expedited processing. Under the updated criteria, USCIS provides further guidance as to whether expedited processing may be warranted. The new policy highlights include the following: Clarifies criteria and circumstances under which USCIS will generally

What is a Joint Sponsor for a Form I-864 Affidavit of Support?

A Joint Sponsor for Form I-864, Affidavit of Support, is an individual who agrees to share the financial responsibility for sponsoring an immigrant when the primary sponsor (the Petitioner) does not meet the minimum income requirements. The joint sponsor must meet certain eligibility criteria and file their own Form I-864

President-Elect Trump’s Mass Deportation Begins to Take Hold

During the 2024 campaign,  former president and candidate Donald J. Trump promised mass deportation for millions on undocumented migrants in the United States. It appears that the campaign pledges are beginning to take hold. Last week, President-elect Trump named Thomas Homan as the “Border Tsar.” Homan, a former police officer

Federal Judge Strikes Down Parole-in-Place Program

A U.S. Federal Court Judge has struck down Parole-in-Place following an earlier decision granting the State of Texas and fifteen (15) other states an administrative stay two months ago. Judge J. Campbell Barker of the Eastern District of Texas ruled that the program, which would fast-track permanent residency to certain

What is a K-3 Nonimmigrant visa?

A K-3 visa is a nonimmigrant visa that allows a foreign spouse of a U.S. citizen to enter the United States while their Form I-130 Petition for Alien Relative (“I-130 Petition”) is undergoing adjudication with the United States Citizenship and Immigration Services (“USCIS”). The goal of a K-3 is to

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