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What is the Doctrine of Consular Nonreviewability?

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

No Changes to EB-5 Category in the March 2022 Visa Bulletin

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

What is a K-3 Visa and How is it Different from a CR-1/ IR-1 Visa?

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

Vietnamese Names Listed Incorrectly on U.S. Visas and Green Cards

There has always been a challenge with some U.S. government offices incorrectly listing Vietnamese citizen’s names on government documents such as visas and Form I-551 “Green Cards” because Vietnamese passports list names in order of last name (or “family name” or “surname”) followed by middle name then first name.  Moreover,

USCIS Premium Processing Fees Slight Increase as of December 2, 2019

The United States Citizenship and Immigration Services (“USCIS”) has increased its premium processing fees for Forms I-129 Petition for Nonimmigrant Workers andI-140 Petition for Immigrant Workers on December 2, 2019. The slight increase, from US$1410 to US$1440 was previously reported at USCIS to Increase Premium Processing Filing Fees for Forms

EB-5 Immigrant Investor Program Extension

As has become the norm, the U.S. Congress passed a short-term continuing resolution (“CR”) funding the U.S. federal government through December 20, 2019, while at the same time extending 29 other programs including the EB-5 Immigrant Investor Program. The President signed the CR shortly thereafter. Also known as the EB-5

New EB-5 Regulations Effective as of November 21, 2019

On Thursday November 21, 2019, the “EB-5 Immigrant Investor Program Modernization Rule” went into effect 120 days after the final rule was published. The final rule makes regulatory changes to the EB-5 Regional Center Program as we have written previously (Regulation change to EB-5 will increase the minimum investment to

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