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
A United States federal judge issued a nationwide injunction temporarily blocking the Department of State (“DOS”) and the Department of Homeland Security (“DHS”) from enforcing Public Charge inadmissibility in response to the COVID-19 pandemic. Judge George McDaniels of the United States District Court for the Southern District of New York
The United States Centers for Disease Control (“CDC”) has approved a one-month extension on medical evaluations conducted for immigrant visa applications between January 1, 2020 and June 30, 2020. Immigrant visa applicants who obtained medical clearances as well as those who had their immigrant visas issued but were unable to
On July 14, 2020 President Trump signed the Hong Kong Autonomy Act of 2020 and at the same time signed The President’s Executive Order on Hong Kong Normalization. The intent of this Executive Order (“EO”) is to suspend or eliminate different and preferential treatment for Hong Kong, including the treatment
Congratulations to David Enterline who has reached 25 years as an American Immigration Lawyers Association (“AILA”) member. AILA is the 15,000+ association of U.S. and international lawyers who practice U.S. immigration law. During his membership, David has been active as a member in the Asia-Pacific Chapter serving in various roles of
Editor’s Note: this article was written after the lawsuit discussed herein but not published before the DHS indicated to the Federal Court judge on July 14th that it would rescind the policy. In a recent American Immigration Lawyers Association (“AILA”) webinar, the esteemed Ira Kurzban, unquestionably regarded as the godfather
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
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