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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. This

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

Increased Investment Amounts Of The RIA

The Increased Investment Amounts section of the EB-5 Reform and Integrity Act of 2022 (“RIA”) raises the minimum investment thresholds to adjust for inflation and ensure the continued effectiveness of the program in promoting economic growth and job creation in the United States. Under the updated rules, the standard investment

Everything You Need to Know About the U.S. Immigration Medical Exam

All immigrant visa applicants (i.e. those applying for a Green Card) are required to complete a medical exam at a designated clinic by a panel physician as part of the process. The purpose of the exam is to ensure that applicants are not carriers of any serious infectious diseases or

How Long Does it Take to Sponsor a Family Member to the United States?

Reuniting families is one of the most meaningful aspects of the U.S. immigration system. While sponsoring a family member is a common path, the timeline can vary considerably. Having a better idea of how long does it take to sponsor a family member can help you plan ahead and avoid

What Is The EB-5 Reform And Integrity Act of 2022?

The EB-5 Reform and Integrity Act of 2022 (“RIA”) made significant changes to the U.S. EB-5 Immigrant Investor Program. This program enables international investors and their immediate family members to apply for U.S. Permanent Residency and obtain “green cards” by making a significant investment in a U.S. company and creating

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