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
Five years ago, USCIS routinely took three months to issue employment authorization documents (EADs) and advance parole (AP) travel documents. Prior to the pandemic, USCIS was taking approximately six months to issue them. Now, USCIS can take nine months or longer to issue these documents. These delays create huge hardships to organizations
The “Final Action Date” priority date for Vietnamese EB-5 investors moved forward slightly in the Department of State November 2020 visa bulletin from August 15, 2017 to September 1, 2017. The priority date indicates that any investors who filed their I-526 Petitions on or before September 1, 2017 now have
At a recent IIUSA EB-5 Forum, Charles Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State (“DOS”) – the man who decides the DOS Visa Bulletin every month – responded to a question regarding visa allocation for persons from Hong Kong. The question
The United States Department of State (“DOS”) has announced that routine visa processing at Embassies and Consulates will resume on a post-by-post basis consistent with DOS’s guidance for safely returning to the full services. As on the ground conditions improve, DOS will begin providing services leading to the eventual full
In what appears to be a judicial game of tennis, the United States Court of Appeals for the 7th Circuit overturned a lower federal judge’s decision to stop the United States Department of Homeland Security’s (“DHS”) public charge rule and is allowing DHS to continue to implement the rule. On
A federal judge has stopped the United States Department of Homeland Security (“DHS”) public charge rule which was recently allowed to proceed after an injunction was lifted by the United States Circuit Court for the Second Circuit. Judge Gary Feinerman of the U.S. District Court for the Northern District of
On October 19, 2020, United States Citizenship and Immigration Services (“USCIS”) premium processing fees will increase in accordance with the Continuing Appropriations Act signed into law on October 1, 2020.. USCIS premium processing allows a petitioner to receive a decision within 15 business days by submitting a Form I-907, Request
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