USCIS Updates Policy Manual on Family-Based Immigrant Visa Approvals

May 27, 2024

The United States Citizenship and Immigration Services (“USCIS”) has issued an updated policy guidance on Form I-130 Petition for Alien Relative (“Petition”) explaining how the agency handles family-based immigrant visa petition approvals regarding correcting approval notice errors, requests for consular processing or adjustment of status, and routing procedures for approved

What Is A U.S. Visa, Visa Stamp And Visa Foil And What Are These Used For?

May 22, 2024

In U.S. immigration matters, a visa is a document that allows a foreign national to enter the United States for a specific purpose, such as tourism, work, study, family visits (a nonimmigrant visa) or to immigrate (an immigrant visa). It is typically a stamp or sticker placed in the foreign

What is the PERM Process for U.S. Immigration Through Employment?

May 20, 2024

The U.S. labor certification process, also known as the PERM (Program Electronic Review Management) process, is a crucial step in obtaining certain employment-based immigrant visas and lawful permanent residence in the United States. Here’s an overview of the process. Obtaining a Job Offer: Prospective applicants for a job in the

What is the Difference Between a Visa Backlog and Retrogression?

May 2, 2024

Under U.S. immigration law there are several types of immigrant visas. We can generally break these into family based immigrant visas and employment and investment based immigrant visas. Under the family based immigrant visas, there are two subcategories. Immigrant visas for immediate relatives of U.S. citizens (spouses, parents and unmarried

United States And Vietnam Sign A Memorandum Of Cooperation On Culture And People-To-People Ties

April 17, 2024

The U.S. Department of State has announced a signing a Memorandum of Cooperation on Culture and People-to-People Ties between the United States and Vietnam. See the post on the USDOS website here. “Under Secretary for Public Diplomacy Liz Allen and Assistant Secretary for Educational and Cultural Affairs Lee Satterfield met

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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