A DS-261 Online Choice of Agent Form Cannot Be Used as a Substitute to Replace a U.S. Attorney’s G-28 in Immigration Matters

August 30, 2021

United States licensed attorneys representing clients before the Department of Homeland Security (“DHS”) or the Department of State (“DOS”) submit a Form G-28 Notice of Entry of Appearance as Attorney or Accredited Representative (“Form G-28”). Submitting a Form G-28 notifies DHS and DOS that this person is being represented by

COVID-19 Vaccinations Required for Immigrant Visa Applicants Beginning October 1st, 2021

August 27, 2021

Beginning October 1, 2021, all immigrant visa applicants will be required to receive a COVID-19 vaccine as a medical clearance prerequisite. Medical evaluations, which are regulated by the United States Centers for Disease Control (“CDC”), require immigrant visa applicants to meet certain health and vaccination standards before an immigrant visa

Update on the EB-5 Immigrant Investor Program

August 23, 2021

The EB-5 Immigrant Investor “Regional Center” Program (“Program”) lapsed on June 30, 2021 due to the failure of the U.S. Congress to extend or reauthorize it before that date. Congress has not yet passed a law to reauthorize the Program. As a result, any investor and family members who do

Foreign Arrivals to the United States May Soon Require Proof of COVID-19 Vaccination

August 9, 2021

Media outlets in the U.S. have recently reported that the White House has started to develop a policy requiring all foreign visitors to the United States to present proof of COVID-19 vaccination. According to a senior White House official, interagency work groups have begun working on a new system which

Enterline and Partners Receives Approval for I-130 Proxy Marriage Petition

August 7, 2021

Enterline and Partners is pleased to share that we have received approval of an I-130 Petition for Alien Relative (“I-130 Petition”) for one of our Philippines clients who was married by proxy. Our client, a U.S. citizen (Jack) and his Philippines wife (Jill), were married online with Jack being physically

Clarification on STEM OPT Extension Reporting Responsibilities and Training Obligations

August 20, 2018

The United States Citizenship and Immigration Services (USCIS) announced clarification for F-1 visa students completing degrees in science, technology, engineering and mathematics (STEM) participating in an Optional Practical Training Extension (OPT). In a document dated August 17, 2018 posted on the USCIS website, the Department of Homeland Security (DHS) clarified

Final Guidelines on Unlawful Presence for Students and Exchange Visitors

August 13, 2018

United States Citizenship and Immigration Services (USCIS) August 9, 2018 policy memorandum revises the calculation of unlawful presence of those under F, J, or M nonimmigrant visa status and their dependents during their stay in the United States. Under the new memorandum, those holding F, J, or M visas who

USCIS Adjudicator’s Discretion Restored in Denying Applications, Petitions and Requests without Issuing RFE’s or NOIDS.

July 22, 2018

In a new policy memorandum issued by the United States Citizenship and Immigration Services (USCIS) last July 13, 2018, USCIS adjudicators are given discretion to deny applications, petitions, or requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if the initial evidence is

U.S. Department of State Vietnam Visa Approvals for May and June 2018

July 10, 2018

The U.S. Department of State (“DOS”) has published a list of visa issuances for both immigrant and nonimmigrant visas for the months of May and June 2018. There were 1,643 immigrant visas issued for Vietnamese nationals in May. Eighty-four were IR-1 visas and 187 were CR-1 visas. The IR-1 visa

How to Apply for Naturalization if your American Spouse is Stationed Abroad

June 27, 2018

Vietnamese spouses of U.S. citizens are generally eligible for green cards and eventually U.S. citizenship based on their marriage. In general, a person may only be naturalized after showing that they have resided in the United States as a green card holder for a certain prescribed period of time. However,

Changes in Immigration Policy

June 12, 2018

A series of small moves concerning the Trump Administration’s immigration policy have recently been undertaken. CNN reports the following actions made by the administration: Attorney General Jeff Sessions has issued a Decision directing the Board of Immigration Appeals (BIA) to refer cases for his review when such cases have issues

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