It is often misunderstood that those who enter the United States on a B-1/B-2 Visitor Visa and granted a 6 month stay are allowed to leave the United States, re-enter and be granted another 6 months upon re-arrival. While there may be reasons why this is acceptable, and many visitors
The doctrine of consular nonreviewability refers to visa decisions decided by consular officers at U.S. Embassies and Consulates cannot be appealed to courts within the United States. The doctrine applies very broadly to decisions made by consular officers whether they apply to foreign nationals who have been refused an immigrant
The Department of State (“DOS”) March 2022 visa bulletin continues to show EB-5 regional center visa categories (I5 and R5) unavailable (U) because the EB-5 regional center program remains expired. Read more: the regional center program (“Program”) having lapsed on June 30, 2021. Visas in non-regional center visa categories (C5
A K-3 visa is a non-immigrant visa issued to a foreign spouse married to a U.S. citizen. Like a K-1 visa, a K-3 visa is also filed using a Form I-129F Petition for Alien Fiancé(e) (“Form I-129F Petition”) intended to shorten the separation period between the married couple and allow
There has always been a challenge with some U.S. government offices incorrectly listing Vietnamese citizen’s names on government documents such as visas and Form I-551 “Green Cards” because Vietnamese passports list names in order of last name (or “family name” or “surname”) followed by middle name then first name. Moreover,
As of March 18th, all United States Citizenship and Immigration Services (“USCIS”) in-person services at all field offices, asylum offices and Application Support Centers (“ASC”) are suspended in an effort to contain the spread of the Coronavirus. In-person services are scheduled to resume on April 1st. USCIS field offices will
The U.S. Embassy in Hanoi and the U.S. Consulate in Ho Chi Minh City has announced that all routine visa interviews will be cancelled as of March 19th in an effort to impede the spread of the Coronavirus. Applicants with an urgent travel matter may request an expedited appointment which
Ryan Barshop and David Enterline of Enterline and Partners recently spoke at the American Immigration Lawyers Association (“AILA”), Bangkok District Chapter (“BDC”), “8th Annual Consular Processing Conference” in Taipei, Taiwan. AILA is an international organization of more than 15,000 attorneys and law professors who practice and teach immigration law. Ryan
In light of the Philippines government decision to impose a city-wide lockdown around Metro Manila to contain the Coronavirus, the U.S. Embassy has announced that all immigrant and non-immigrant visa interviews have been cancelled as of March 16, 2020. Visa interviews will resume as soon as possible. More information can
The Employment Based Second Preference Immigrant Visa Category (EB-2) Advanced Degree Holder and Person of Exceptional Ability with National Interest Waivers. Previously we wrote about the qualifications for an Employment Based Second Preference (EB-2) Immigrant Visa which is for persons who have an advanced degree or persons with exceptional ability
The new public charge rule requires immigrant and non-immigrant visa applicants to provide a detailed DS-5540 public charge questionnaire in order to determine whether they are likely to become a public charge at any time in the future. While a K-1 visa is officially a non-immigrant visa allowing for single
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