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,

Nonimmigrant Visa Dropbox Renewal Eligibility Reverts Back to Pre-COVID Standards

February 18, 2025

Effective immediately, the United States Department of State (“DOS”) has revised the requirements for interview waiver eligibility (commonly referred to as dropbox eligibility) to applicants renewing a nonimmigrant visa in the classification that expired within the past twelve (“12”) months. Previously, some nonimmigrant visa applicants were eligible to renew through

Trump’s EO Ending Birthright Citizenship Dealt Another Setback by A Second Judge

February 7, 2025

President Donald Trump’s Executive Order (“EO”) ending birthright citizenship was dealt another setback after a second federal judge ordered an additional pause. Judge Deborah Boardman of the Federal District of Maryland issued a nationwide injunction against the EO commenting that no court in the country has endorsed the Trump administration’s

USCIS Will No Longer Require Covid -19 Vaccinations For Adjustment Of Status Applicants

February 6, 2025

Effective January 22, 2025, the United States Citizenship and Immigration Services (“USCIS”) will no longer require adjustment of status applicants to present proof of a COVID-19 vaccination as part of their Form I-693, Report of Immigration Medical Examination and Vaccination Record. The USCIS further commented that the agency will no

Federal Lawsuit Filed Immediately Following Trump’s Executive Order Ending Birthright Citizenship

January 24, 2025

Less than 2 hours after President Donald J. Trump signed an Executive Order (“EO”) attempting to end birthright citizenship, immigrant advocates started to file lawsuits in Federal Court attempting to block Trump’s Executive Order. The first lawsuit was filed in the U.S. Federal District Court of New Hampshire on behalf

Can My Fiance Work in the U.S. After Arriving on a K-1 Visa?

January 17, 2025

One your fiance arrives in the United States on a K-1 visa and you are married within ninety (90) days upon arrival, you and your fiance will need to file for adjustment of status with the United States Citizenship and Immigration Services (“USCIS”) in order to convert the K-1 fiance

What is the Four Month Validity Period of an Approved I-129F Petition for a K-1 Visa?

January 14, 2025

Once the United States Citizenship and Immigration Services (“USCIS”) approves an I-129F Petition for Alien Fiancé, the foreign fiancé typically has four (4) months to apply for a K-1 fiancé visa at a U.S. Embassy or Consulate. However, due to the time that it takes for an approved petition to

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CATEGORY

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