USCIS Updated Policy Alert Concerning Direct Consular Filing at U.S. Embassies and Consulates

February 17, 2020

U.S. Citizenship and Immigration Services (“USCIS”) released an updated policy memorandum advising the Department of States (“DOS”) on adjudicating Form I-130 Petitions for Alien Relatives at U.S. Embassies and Consulates through Direct Consular Filing (“DCF.”) The policy memorandum clarifies that USCIS will no longer accept and adjudicate routine I-130 Petitions

U.S. State Department 2019 Novel Coronavirus Has Not Changed Visa Adjudication

February 13, 2020

The U.S. Department of State (“DOS”) which oversees the visa adjudication process at U.S. Embassies and Consulates has not released any formal statement indicating that the 2019 Novel Coronavirus has resulted in the suspension of consular operations. A recent social media posting purported to be an official statement from the

What is Lawful Source of Funds and Path of Funds for an EB-5 Immigrant Investor?

February 5, 2020

The investment capital that an EB-5 Investor may use for his or her investment, called the “lawful source of funds” (“SOF”), can come from any source as long as the investor can prove that the capital or funds were obtained lawfully. Some common SOF are salary and bonus income, dividends

USCIS to Change its Processing Policy for I-526, Immigrant Petition by Alien Investor EB-5 Petitions

January 31, 2020

U.S. Citizenship and Immigration Services (“USCIS”) announced it is changing the way it will process Form I-526, Immigrant Petition by Alien Investor, moving from a first-in, first-out basis to a visa availability approach. The Form I-526 Petition is filed by someone wanting to immigrate to the U.S. via the EB-5

The United States Supreme Court To Allow Public Charge Rule To Take Effect

January 30, 2020

The U.S. Supreme Court has ruled in favor of a Trump Administration policy expanding the government’s ability to refuse immigrant visas and issue green cards to immigrants who are likely to become a Public Charge. The 5-4 ruling, which was divided on ideologically lines, will allow the new rule to

Trump Extends Immigration Ban to Certain Non-Immigrant Visa Applicants

June 23, 2020

President Donald Trump today amended a previously signed executive order (EO) to expand the current immigration ban to include certain nonimmigrant visa applicants. The updated EO, formally titled “Proclamation Suspending the Entry of Immigrants Who Pose Risks to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,”

Announcement: U.S. Consulate in Ho Chi Minh City Scheduled to Resume Limited Immigrant Visa Interviews on June 29

June 19, 2020

The U.S. Consulate in Ho Chi Minh City has announced that starting on June 29, limited immigrant visa interviews will resume following a three-month suspension as a result of the COVID-19 pandemic. Immigrant visa interviews will be restricted to applicants who were initially scheduled for an interview in March, April

The Writ of Mandamus for EB-5 Immigrant Investors

June 16, 2020

Announcement: New Payment Procedures for U.S. Visa Applicants in the Philippines

June 8, 2020

Beginning June 1st, the U.S. Embassy in Manila will change its banking partner from Bank of the Philippine Islands (“BPI”) to Rizal Commercial Banking Corporation (“RCBC.”) Visa applicants may pay their fees at any RCBC branch. The visa application fee is non-refundable, non-transferable and applicants are required to print and

USCIS Resumes Form I-129 and I-140 Premium Processing

June 5, 2020

United States Citizenship and Immigration Services (“USCIS”) is scheduled to resume Form I-907 Request for Premium Processing Service for Form I-129 Petition for a Nonimmigrant Worker and Form I-140 Petition for Alien Workers in phases throughout the month of June. Premium processing was temporarily suspended on March 20th due to

Announcement: USCIS to Resume In-Person Services on June 4

June 3, 2020

United States Citizenship and Immigration Services (“USCIS”) is scheduled to resume non-emergency in-person services on June 4th. On March 18, USCIS suspended routine in-person services at its field offices, asylum offices, and application support centers in response to the COVID-19 pandemic. As USCIS services recommence, offices will reduce the number

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