Clarification on STEM OPT Extension Reporting Responsibilities and Training Obligations

August 20, 2018

The United States Citizenship and Immigration Services (USCIS) announced clarification for F-1 visa students completing degrees in science, technology, engineering and mathematics (STEM) participating in an Optional Practical Training Extension (OPT). In a document dated August 17, 2018 posted on the USCIS website, the Department of Homeland Security (DHS) clarified

Final Guidelines on Unlawful Presence for Students and Exchange Visitors

August 13, 2018

United States Citizenship and Immigration Services (USCIS) August 9, 2018 policy memorandum revises the calculation of unlawful presence of those under F, J, or M nonimmigrant visa status and their dependents during their stay in the United States. Under the new memorandum, those holding F, J, or M visas who

USCIS Adjudicator’s Discretion Restored in Denying Applications, Petitions and Requests without Issuing RFE’s or NOIDS.

July 22, 2018

In a new policy memorandum issued by the United States Citizenship and Immigration Services (USCIS) last July 13, 2018, USCIS adjudicators are given discretion to deny applications, petitions, or requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if the initial evidence is

U.S. Department of State Vietnam Visa Approvals for May and June 2018

July 10, 2018

The U.S. Department of State (“DOS”) has published a list of visa issuances for both immigrant and nonimmigrant visas for the months of May and June 2018. There were 1,643 immigrant visas issued for Vietnamese nationals in May. Eighty-four were IR-1 visas and 187 were CR-1 visas. The IR-1 visa

How to Apply for Naturalization if your American Spouse is Stationed Abroad

June 27, 2018

Vietnamese spouses of U.S. citizens are generally eligible for green cards and eventually U.S. citizenship based on their marriage. In general, a person may only be naturalized after showing that they have resided in the United States as a green card holder for a certain prescribed period of time. However,

Announcement: Hong Kong and Taiwan Consulates to Resume Visa Application Services on July 15, 2020

July 17, 2020

The U.S. Consulate General for Hong Kong and Macau and the American Institute in Taiwan (“AIT”) resumed routine visa services on July 15, 2020. The AIT will resume routine visa services but will prioritize F, M, and J visa applications, which is understandable as students will need to obtain visas

Announcement: Trump Administration Rescinds Policy on Foreign Students

July 15, 2020

The Trump Administration is rescinding its policy which would require foreign students to depart the United States if they are only taking classes online. The policy reversal came because of heavy criticism from both Republicans and Democrats who argued that the new rule would be disruptive to students and undermine

Announcement: Partial Resumption of Non-Immigrant Visa Processing in Vietnam

July 14, 2020

Following the resumption of limited immigrant visa processing on June 29th, the U.S. Embassy in Hanoi and the U.S. Consulate in Ho Chi Minh City will resume partial non-immigrant visa processing beginning July 15th. Applicants applying for the following visas will be allowed to schedule appointments: F-1 student visas; M-1

Enterline and Partners Successfully Expedites CR-1 Visa with Direct Consular Filing at U.S. Embassy in Manila

July 13, 2020

Enterline and Partners recently represented a newlywed couple living in the Philippines in an expedited I-130 Petition for Alien Relative at the U.S. Embassy in Manila. The couple, a U.S. citizen and a Philippines citizen, were married in the United States and living in Manila. The expedited filing, which was

Announcement: Foreign Students No Longer Able to Engage in Full-Time Online Course Work for Fall Semester 2020

July 9, 2020

The United States Department of Homeland Security (“DHS”) has announced a new policy related to foreign students studying in the United States full-time online as a result of many academic institutions shifting to virtual classes because of the COVID-19 pandemic. According to DHS, all foreign students including those from Vietnam,

U.S. Supreme Court Allows DACA to Stand

July 6, 2020

On June 18th, the United States Supreme Court ruled that the U.S. Department of Homeland Security (“DHS”) acted arbitrarily and capriciously when it rescinded Deferred Action for Childhood Arrivals (“DACA”) and ordered DACA to stand. The DACA program, an Obama administration policy which provides deferred action on removal proceedings and

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