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
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
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
It is often misunderstood that those who enter the United States on a B-1/B-2 Visitor Visa and granted a 6 month stay are allowed to leave the United States, re-enter and be granted another 6 months upon re-arrival. While there may be reasons why this is acceptable, and many visitors
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
When you are a parent with plans to immigrate to the United States, one of the most important questions may be whether your child can come with you. The answer depends on many factors such as the visa category, your child’s age, his/her marital status, and your relationship to the
Applying for a U.S. visa based on marriage, commonly known as a Spousal visa, requires more than showing that you are legally married. The U.S. government must also be satisfied that you entered into the marriage in good faith and not primarily to obtain an immigration benefit. For couples living
Having an immigrant petition approved by the United States Citizenship and Immigration Services (“USCIS”) is an important milestone, but for many applicants living outside the United States, it is not the end of the immigration process. Following USCIS approval, the case moves to the National Visa Center (“NVC”) which is
Under the EB-5 Regional Center Program, once a business plan and investment offering have been approved, the approval not only affects the Regional Center itself but is also to the subsequent Form I-526E Petitions (“Petitions”) filed by EB-5 investors participating in the same offering. The RIA addresses the binding effect
Completing your immigrant or K-1 fiancé(e) visa interview at the U.S. Consulate General in Ho Chi Minh City is an important step in the immigration process. However, you may still need to complete additional steps before you can travel to the United States. Some visa applicants leave the interview knowing
Before an EB-5 immigrant investor files a Form I-526E Petition for classification based on an investment in a Regional Center sponsors investment, the Regional Center must first file an application with the Secretary of Homeland Security (Form I-956F) for each particular investment offering in an associated New Commercial Enterprise (“NCE”).
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