News & Resources

Can I apply for a visitor visa or student visa or enter the United States while my immigrant Petition or immigrant visa application is pending?

June 30, 2022

A nonimmigrant visa is for persons wanting to enter the U.S. for a temporary visit for a specific purpose, and who will return to their home country or country of residence when the purpose of their visit is finished. In most nonimmigrant visa categories, the person establishes and maintains what

David Enterline Speaks at Seminar in Hanoi, Vietnam in June

June 28, 2022

David Enterline was invited by American Venture Solutions Regional Center (AVS) to speak at its seminar in Hanoi City, Vietnam on June 11, 2022. The topics of the seminar were EB-5, E-2, and L-1 Visas to the United States. The focus of the seminar was the introduction of the new

Enterline and Co-Counsel Obtain Settlement With USCIS On Writ of Mandamus Action To Process I-829 Petitions

June 24, 2022

On March 4, 2022, Mr. Enterline of Enterline and Partners, working with co-counsel in the United States, helped file a complaint in Federal Court for multiple EB-5 investors waiting for action on their Form I-829, Petition by Investor to Remove Conditions on Permanent Residence Status (“I-829 Petition). The law suit

CDC Ends Requirement That International Air Travelers Show A Negative COVID Test

June 15, 2022

The U.S. Centers for Disease Control and Prevention (“CDC”) has ended the requirement that all air passengers, 2 years or older, traveling to the United States from a foreign country must present a negative COVID-19 test result from a sample taken no more than one day before departure, or provide

What is Domicile and How Does it Relate to the Affidavit of Support?

June 1, 2022

We have previously written about the Form I-864 Affidavit of Support, the contract between a Petitioner or “Sponsor” and the U.S. Government showing that the Sponsor has enough income or assets to financially provide for the Sponsor’s household family members and the intending immigrant(s). The Affidavit of Support legally binds

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

State Department Expected to Publish New Guidelines in an Effort to Impede U.S. Birth Tourism

January 28, 2020

The United States Department of State (“DOS”) is scheduled to release new guidelines giving consular officers further discretion to determine whether women who are applying for a B-1/ B-2 visitor visa primary purpose is to give birth in the United States. It is unclear how consular officers at U.S. Embassies

USCIS Scheduled to Increase Business Visa Application Filing Fees

January 21, 2020

United States Citizenship and Immigration Services (“USCIS”) is scheduled to increase its filing and processing fees for business visas in 2020. Below are examples of the proposed increased fees by visa category: L-1 and H-1B Visas: L-1 visa petitions (for temporary workers, non-immigrant) are scheduled to increase by 77 percent

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