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

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?

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 An Alien Registration Number And What Is It For?

The U.S. Alien Registration Number, commonly abbreviated as an A-Number, is a unique identifier assigned to non-citizens by the United States Citizenship and Immigration Services (“USCIS”). This A-Number begins with the letter “A” followed by 8 or 9 numbers (such as A012345678).  It is used to track individuals throughout their interactions with

What is the Difference Between a Visa Backlog and Retrogression?

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

DHS Announces Temporary Increase Of The Automatic Extension For Certain EAD Applicants

The Department of Homeland Security (“DHS”) and United States Citizenship and Immigration Services (“USCIS”) has announced a Temporary Final Rule (“TFR”) providing that the automatic extension period applicable to expiring Employment Authorization Documents (“EADs”) for renewal applicants who have filed Form I-765, Application for Employment Authorization, will be increased from

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