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USCIS Publishes New Guidance on Scope of Evidence in Cases of Extraordinary Ability

The U.S. Citizenship and Immigration Services (“USCIS”) has updated its Policy Manual to provide guidance on the type of “published material” that persons applying for an Employment Based First Preference Immigrant Visa category (“EB-1”) can present as evidence when applying for the visa category. Persons with “extraordinary ability in the

Waivers for Immigrant Visa Applicants Refused for Criminal History

Immigrant visa applicants who have a criminal history often face significant obstacles in being able to immigrate to the United States.  Immigrant visa applicants who have been found guilty of a “Crime Involving Moral Turpitude” (“CMIT”) are ineligible to immigrate to the United States and obtain a “green card”. Even

EB-5 Reform and Integrity Act of 2022

The EB-5 Reform and Integrity Act of 2022 (“Act”) was passed by Congress and signed by President Biden on March 15, 2022.  Most of the provisions of the Act will become effective 60 days from enactment, which will be the middle of May 2022.  The Act includes many changes to

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

New USCIS Policy Aims to Reduce Frivilous and Incomplete Filings

The United States Citizenship and Immigration Services (“USCIS”) has amended a previous policy during the Biden Administration which encouraged adjudicating officers to issue a Request for Evidence (“RFE”) before denying an immigration benefit even if the benefit being sought was filed incomplete, the requestor failed to demonstrate eligibility for the

sponsor Vietnamese spouse green card
How to Petition Your Vietnamese Spouse for a U.S. Green Card?

Marriage to a U.S. Citizen does not automatically grant a Vietnamese spouse the right to live permanently in the United States. Before a Vietnamese spouse can immigrate to the United States, the U.S. Citizen or Lawful Permanent Resident (“Petitioner”) must first establish the marital relationship, complete the required documentation and

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