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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

Delinquent U.S. Taxpayers in Southeast Asia

While living in the Southeast Asian region, it’s easy to forget about U.S. tax obligations, especially if the taxpayer’s income is deemed “minimal.”  Let’s first re-visit our tax filing requirements, where an excerpt is noted right on the last page of one’s U.S. Passport, “All U.S. Citizens working and residing

Federal Court of Appeals Rules Against Trump’s EO Ending Birthright Citizenship

A Federal Court of Appeals handed the Trump Administration another blow in its fight to redefine the 14th Amendment ending birthright citizenship through Executive Order (“EO”). The San Francisco-based Ninth Circuit Court of Appeals rejected the Administration’s request for an emergency order putting on hold a nationwide ban issued by

U.S. Taxes for Americans Abroad

A common concern raised by our clients departing the United States to reside abroad is what do they need to do about U.S. taxes. Furthermore, there are several misconceptions and misunderstandings that permeate the American expatriate community about U.S. taxes; especially about filing thresholds and some exclusion amounts. Allow us

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

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

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

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