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

United States CBP Reports Sharp Increase on Electronic Devices Searches for 2019 Fiscal Year

May 12, 2020

The United States Customs and Border Protection Agency (“CBP”) has released statistics on the number of border searches conducted on electronic devices for the 2019 Fiscal Year. During the year, more than 414 million travelers arrived through air, land and sea Ports of Entry (“POE”), and of that total number,

United States Senate Introduces Legislation to Increase Immigrant Visas for Foreign Doctors and Nurses

May 6, 2020

New legislation has been introduced in the United States Senate to grant unused immigrant visas to foreign healthcare professionals to help fight the coronavirus. The Senate bill would authorize up to 25,000 immigrant visas for foreign nurses and up to 15,000 for foreign doctors. The legislation would also allow the

Trump’s Immigration Ban May Result in More Employment-Based Immigrant Visas Being Issued

May 5, 2020

United States President Donald Trump’s Executive Order (“EO”) banning certain immigrants from immigrating may end up increasing the number of visas available for employment-based immigrant visa categories. Employment-based immigrant visas are capped at 140,000 worldwide per fiscal year while family-based immigrant visas are limited to roughly 250,000 per year. The

Temporary Restraining Order Filed Against Trump’s Immigration Ban In Order to Protect Children

April 29, 2020

The first group of litigants have filed a Temporary Restraining Order (“TRO”) against U.S. President Donald Trump’s Immigration Ban. The TRO petition, which was filed in the U.S. Federal District Court in Oregon, seeks an immediate, limited order to protect family-based preference immigrants under the age of 21 from being

Announcement: USCIS Extends In-Person Services Suspension through June 3rd

April 28, 2020

The United States Citizenship and Immigration Services (“USCIS”) has announced that in-person services at its offices will reopen as early as June 4th in compliance with local and state orders. In-person services at USCIS include field offices, asylum offices, and application support centers. During this extended closure period, USCIS will

EB-5 Immigrant Investor Visa Petition Statistics Released by the USCIS for Fiscal Year 2020 Q1

April 27, 2020

The United States Immigration and Citizenship Services (“USCIS”) has published its quarterly performance data for Form I-526, Immigrant Petition by Alien Investor and Form I-829, Petition by Entrepreneurs to Remove Conditions on Permanent Resident Status. The number of I-526 petition filings are not much of a surprise and the painfully

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