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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,

Expediting Employment Authorization and Advance Parole Travel Documents

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

What are the Vaccination Requirements for an Immigrant Visa?

The U.S. government requires immigrant visa applicants to meet specific health standards. One component of these standards is the vaccination requirement. But what exactly does an intending immigrant need to do to meet these requirements? The Process: Medical Examination and Vaccinations The process of fulfilling the vaccination requirement is part

What is ESTA and How is it Used to Enter the United States

The Electronic System for Travel Authorization (“ESTA”) Visa Waiver Program is a program of the United States government to facilitate visa-free travel for eligible citizens from participating countries. Launched in 2009, ESTA streamlines the process for visitors entering the U.S. for purposes of pleasure, tourism, or business, provided their stay

What is the Parole-in-Place Announcement By President Biden?

On June 18, 2024, President Joe Biden announced a series of immigration actions by using an Executive Order (“EO”). The EO, formally known as Parole-in-Place, are designed to help certain undocumented aliens obtain lawful presence within the United States.  It consists of the following: Spouses and children of U.S. citizens

David Enterline speaks at IIUSA EB-5 Conference in Atlanta Georgia

Enterline and Partners Managing Partner David Enterline attended the IIUSA 14th Annual EB-5 Industry Forum in Atlanta, Georgia in May and spoke on the panel “Investor Markets Overview: New Opportunities“. IIUSA is the national membership-based EB-5 industry association for EB-5 Regional Centers and other EB-5 stakeholders and professionals. Its members

USCIS Updates Policy Manual on Family-Based Immigrant Visa Approvals

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

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