On October 12, 2023, the United States Citizenship and Immigration Services (“USCIS”) posted Questions and Answers to announce new policy following the passing of the EB-5 Reform and Integrity Act of 2022 (“RIA”) on March 15, 2022. With the Q&A, USCIS announces its interpretation of the sustainment period following the
The Adam Walsh Child Protection and Safety Act of 2006 (“AWA”) is a U.S. federal statute that aims to protect children from sexual exploitation and violent crimes. The AWA was named after Adam Walsh, a child who was abducted and murdered in the State of Florida in 1981. Following young
If your nonimmigrant visa (i.e. B-1/ B-2, F-1, etc.) is revoked by the U.S. Customs and Border Protection (“CBP”) Agency at a U.S. Port-of-Entry, it means that the CBP Officer determined that you are inadmissible to enter the United States. Once your nonimmigrant visa is canceled, you will not be
When the petitioner of an I-130 Petition for Alien Relative (“I-130 Petition”) dies, it typically has repercussions for the beneficiary(s) of that Petition. The fate of the Petition depends on the stage of where the Petition was at the time of the petitioner’s death. Before Petition Approval: If the petitioner
Expediting a Petition (i.e. I-130 Petition for Alien Relative or I-129F Petition for Alien Fiancé or Fiancée) with the United States Citizenship and Immigration Services (“USCIS”) can be challenging. There are limited circumstances in which USCIS may consider expediting a Petition that is currently undergoing processing at one of its
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
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
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
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 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
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
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