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Alert – USCIS Changes Policy on EB-5 Regional Center Program Adjustment of Status Filings

One day after announcing its policy on handling EB-5 immigrant investor petitions and applications, the United States Citizenship and Immigration Services (“USCIS”) has reversed its decision on accepting Form I-485, Application to Register Permanent Residence or Adjust Status (“Form I-485”).  The updated “Alert” with this change has been posted on

USCIS Issues Alert on the EB-5 Regional Center Program

The United States Citizenship and Immigration Services (“USCIS”) has posted an “Alert” on its “Approved EB-5 Immigrant Investor Regional Centers webpage”. The Alert explains how the USCIS will handle relevant petitions and applications following the sunset of the Immigrant Investor “Regional Center” Program (the “Program”). We emphasis herein guidance related

The EB-5 Regional Center Program Will Lapse on June 30, 2021

The EB-5 Immigrant Investor “Regional Center” Program (“Program”) will lapse on June 30, 2021 due to the failure of the U.S. Congress to reauthorize or extend it before the expiration date.  Because the Senate has adjourned for recess until July 12, 2021, the Program will remain unavailable as no legislation

AILA – Practice Advisory: Immigrant Visa (Green Card) Processing Delays

Update: The Department of State has updated their triad approach. For more information, click here. After enduring the COVID-19 pandemic for over a year, most U.S. embassies and consulates are not operating at full capacity. Due to limited appointment availability, a significant backlog was created for immigrant (IV) and nonimmigrant visa

USCIS Policy Update to “Requests for Evidence” and “Notices of Intent to Deny”

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

What is the DS‑260, Its Role in Consular Processing, and Why Accuracy Matters?

If you are applying for a U.S. immigrant visa, completing the online Form DS-260 is a major step in the immigration process once the United States Citizenship and Immigration Services approves your petition. The DS-260 asks for detailed personal, family, and background information, which helps the United States Department of

CR1 Visa Guide: Eligibility, Process, and Costs Explained

When couples begin exploring U.S. immigration options, one of the first questions that often comes up is “What is a CR1 visa?” The CR1 is a U.S. immigrant spouse visa that grants conditional permanent residency (“Green Card”) to foreign spouses married to U.S. citizens for less than two (2) years.

Reauthorization and Stability From The RIA

The Reauthorization and Stability section of the EB-5 Reform and Integrity Act of 2022 (“RIA”) focuses on the continuation and enhancement of the EB-5 Regional Center Program, which had previously lapsed in 2021. The Regional Center Program is a part of the EB-5 Immigrant Investor  Program passed by the U.S.

Can the Intending Immigrant Help the Sponsor Meet the Income Requirements?

In family-based immigration cases, a central component of this process is the Form I-864, Affidavit of Support (“I-864”). This legally binding contract is required to demonstrate that the intending immigrant (the “Beneficiary”) has adequate financial support from the sponsoring family member (the “Sponsor”) through income and/or assets, and therefore the

Is the EB-5 Immigrant Investor Visa for the U.S.  a Secure Path to a Green Card?

The United States continues to be a top destination for individuals seeking world-class healthcare, top-tier education, and a stable environment for business and investment. For many individuals and families, investment-based immigration offers a convenient opportunity to secure lawful permanent residency in the United States. Among the various investment-based immigration options,

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Distinguishing U.S. Immigrant Visa Categories: Family, Employment, and Investment

When people think of U.S. immigration, the first thing that comes to mind oftentimes is Lawful Permanent Residence (“Green Card.”) However, the journey to permanent residency is not a one-size-fits-all road. The Green Card system can be divided into several visa categories, each with its own purpose, requirements, and process.

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