U.S. District Court Rules to Overturn EB-5 Regulations; Investment Amount Reduced to $500,000 – for Now.

June 25, 2021

On June 22, 2021, Judge Jacqueline Scott Corley of the U.S. District Court of the Northern District of California issued an order granting summary judgment in favor of the plaintiff, Behring Regional Center, in the lawsuit Behring filed against the Department of Homeland Security (“DHS”). The order was given in the matter of Behring

AILA – The Non-Immigrant Visa Interview Waiver Process

June 21, 2021

Individuals who are required to obtain a visa to enter the United States must apply at a U.S. consulate abroad. A critical part of the application process involves an in-person interview at the consulate to verify information in the application and ask questions about eligibility for the visa. If the visa

USCIS Announces New Policy Highlights for Expedited Processing

June 15, 2021

The United States Citizenship and Immigration Services (“USCIS”) has released a new policy update pertaining to expedited processing. Under the updated criteria, USCIS provides further guidance as to whether expedited processing may be warranted. The new policy highlights include the following: Clarifies criteria and circumstances under which USCIS will generally

What is a Proxy Marriage and Can it Be Filed with USCIS?

June 14, 2021

The term proxy marriage refers to the ceremony performed where one or both members of the party to the marriage are not physically present at the ceremony. Although unrecognized in most U.S. jurisdictions, some jurisdictions not only recognize online marriages but they have streamlined the process making it easy for

U.S. Citizens May Return to the United States on Expired Passports

June 2, 2021

The U.S. Customs and Border Patrol (“CBP”) and the Department of State (“DOS”) have announced that beginning May 21, 2021, U.S. citizens will be able to return to the United States on an expired U.S. passport until December 31, 2021, if they: are a U.S. citizen. are currently abroad seeking

Trump has no interest in addressing border issues or immigration reform

April 11, 2019

While this recent op-ed (opinion-editorial) article in the Los Angeles Times, focuses on President Trump and his ongoing war with the U.S. and Mexico border and its illegal immigration issues, the article points out that the Trump administration has, according to the American Immigration Lawyers Association (AILA), radically slowed the

What Documents Are Needed in a Form I-130 Petition for a Foreign Spouse?

April 2, 2019

What Documents Are Needed in a Form I-130 Petition for a Foreign Spouse? A USCIS Form I-130 is a Petition for Alien Relative. A U.S. citizen or Lawful Permanent Resident (green card holder) is eligible to petition his or her foreign spouse to immigrate to the United States. Along with

What is a Form I-130A Supplemental Information for Spouse Beneficiary?

April 1, 2019

A Form I-130A is a supplemental form that is submitted with a Form I-130 Petition for Alien Relative and supplemental documentation to the United States Citizenship and Immigration Services (USCIS). A Form I-130A is only included when a U.S. Citizen or Lawful Permanent Resident (Green Card Holder) is petitioning his

USCIS Manila Field Office Closure Will Not Affect Consular Operations

March 15, 2019

Ryan Barshop, Esq. interviewed by Philippines cable news on the upcoming closure of the USCIS Manila Field Office.

Treatment of USCIS Form I-131 During International Travel

January 30, 2019

United States Citizenship and Immigration Services (USCIS) recently published on its website that applicants filing for a Form I-131 Travel Document will not have their applications considered abandoned if they travel abroad with an approved advance parole document while a second one is pending provided that the first approved advance

InfoPass Pilot Program Expansion – The Information Services Modernization Program

January 15, 2019

On October 30, 2018, USCIS announced plans to expand the InfoPass pilot program, known as the Information Services Modernization Program, to additional USCIS field offices throughout the United States. The Information Services Modernization Program ends self-scheduling of InfoPass appointments and instead encourages applicants to use USCIS online information resources to

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Reauthorization and Stability From The RIA

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Is the EB-5 Immigrant Investor Visa for the U.S. a Secure Path to a Green Card?