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
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
On June 22, 2021, Judge Jacqueline Scott Corley of the U.S. District Court of the Northern District of California issued an order granting summary judgment in favor of the plaintiff, Behring Regional Center, in the lawsuit Behring filed against the Department of Homeland Security (“DHS”). The order was given in the matter of Behring
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
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
On July 14, 2020 President Trump signed the Hong Kong Autonomy Act of 2020 and at the same time signed The President’s Executive Order on Hong Kong Normalization. The intent of this Executive Order (“EO”) is to suspend or eliminate different and preferential treatment for Hong Kong, including the treatment
Congratulations to David Enterline who has reached 25 years as an American Immigration Lawyers Association (“AILA”) member. AILA is the 15,000+ association of U.S. and international lawyers who practice U.S. immigration law. During his membership, David has been active as a member in the Asia-Pacific Chapter serving in various roles of
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
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