News & Resources

The Visa Waiting Time for Spouses and Unmarried Children Under the Age of 21 of Lawful Permanent Residents

July 31, 2023

Family-based immigration is an important aspect of the United States immigration system, which allows citizens and lawful permanent residents to sponsor their immediate relatives to immigrate to the United States. One of the family-based immigrant visa categories is the Family-Based Second Preference immigrant visa category, commonly abbreviated as F2A and

USCIS Issues Policy Guidance on Rescheduling Biometrics Appointments

July 21, 2023

The United States Citizenship and Immigration Services (“USCIS”) has issued policy guidance for rescheduling biometric appointments at Application Support Centers (“ACS”). The new policy highlights include the following: Rescheduling requests must be made online through myUSCIS or by calling the USCIS Contact Center. The USCIS will not accept rescheduling requests

What is a B-1 Domestic Employee Visa

July 6, 2023

A B-1 visa for domestic employees, also known as a B-1 Domestic Employee Visa, allows foreign nationals who are employed by U.S. citizens or nonimmigrant visa holders living abroad to travel to the United States to provide household services. The primary purpose of this visa is to enable employers to

Preconceived Intent in U.S. Immigration Law: Factors and Potential Risks

June 27, 2023

The United States immigration system is designed to ensure that individuals seeking to enter the country do so lawfully and with genuine intentions. As part of this effort, one factor that U.S. immigration law considers is the concept of “preconceived intent”: the intention of individuals to engage in activities that

Customs and Border Protection Stampless Entry Program

June 21, 2023

As of April 2022, the United States Customs and Border Protection Agency (“CBP”) implemented its “Simplified Arrival” program at all Ports of Entry inclusive of 238 airports, 34 seaports, and land ports. As part of that program, in August 2022 CBP implemented a pilot program called “Stampless Entry” to eliminate

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

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

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