The U.S. Citizenship and Immigration Services (“USCIS”) has issued new policy guidance in the USCIS Policy Manual to address the circumstances in which officers should issue Requests for Evidence (“RFEs”) and Notices of Intent to Deny (“NOIDs”). In 2013, USCIS published guidance instructing officers to issue RFEs in cases involving
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
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
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
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
Stressed or worried about an expiring U.S. visa? Many Vietnamese visa applicants qualify for a new U.S. visa by mail through the interview waiver program without having to undergo an in-person interview. The renewal process involves strict requirements, detailed forms, and zero tolerance for errors. Because even small mistakes can
United States government posts have frequently listed Vietnamese citizens’names on government documents incorrectly such as on visas and Form I-551 (“Green Cards”.) This often happens because Vietnamese passports list names in the order of last name (or “family name” or “surname”) followed by the middle name and then the first
USCIS Premium Processing: What It Is, How It Works, and Who Should Use It For employers and employees navigating the U.S. immigration system, time is often the most critical resource. The United States Citizenship and Immigration Services (“USCIS”) Premium Processing Service allows petitioners to significantly accelerate the adjudication of certain
Whether to get married in the United States or Vietnam is one of the most consequential decisions a Vietnamese-American couple will make, because where you marry determines which U.S. immigration visa path is available to you, how long you will be separated, and what rights your spouse has upon arrival
Following arrival in the United States, visitors (i.e. nonimmigrant visa holders, those from visa-free countries) are issued a Form I-94 which determines allocated length of stay. The Form I-94 used to be a paper form attached to the visitor’s passport. Now it is saved electronically on the Customs and Border
Age determination for children of EB-5 investors is one of the most technically complex and time-sensitive issues in the EB-5 immigration process. Section 203(h) of the Immigration and Nationality Act (INA), as amended by the EB-5 Reform and Integrity Act of 2022 (RIA), clarifies how the age of an investor’s
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