September 12, 2020

Update on Visa Chargeability for Hong Kong Persons from the President’s Executive Order

Enterline & PartnersSince the President’s July 14, 2020 Executive Order on Hong Kong Normalization there has been much concern and confusion about whether and how the Executive Order impacts persons born in Hong Kong. The issue is whether the Executive Order makes individuals born in Hong Kong subject to visa chargeability of mainland born Chinese. If the Executive Order does indeed have this effect, it would cause many visa applicants born in Hong Kong to have to wait many years for visas to become available.

At the American Immigration Lawyers Association (“AILA”) 2020 Annual Conference in mid-July, the Department of State (“DOS”) Visa Office indicated in a DOS Open Forum that it is still reviewing the implications of the Executive Order on Hong Kong and its impact on visa chargeability, but noted that Hong Kong’s status is derived from the 1990 Immigration Act. Under §103 of the 1990 Immigration Act, Hong Kong is treated as separate from Mainland China for purposes of the number of immigrant visas available. The DOS emphasized that if that legislation remains in place, Hong Kong born individuals should continue to be counted in accordance with the existing statute and not have to wait for visas availability with mainland born Chinese.

It is important to note that the guidance provided during the DOS Open Forum is not considered official State Department guidance. The State Department has not yet provided any official statement to the public about the agency’s interpretation.

If you are an individual born in Hong Kong and have an approved or pending immigrant visa petition, contact one of our U.S. immigration lawyers in Ho Chi Minh City, Manila or Taipei if you have further questions about your eligibility to apply for your visa.

You can also check out these related updates:

USCIS May Collect Social Media for Online Visa Application.
Are K-1 Visas Affected by Trump’s Immigration Ban?
For updates specific to business travel from Vietnam, take a look at BVFPP.
Stay up to date with immigration news by visiting our U.S. Visas News page.

To learn more about our services, visit Enterline & Partners.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

Unit 2507 Cityland 10 Tower 1
156 H.V. Dela Costa Street
Makati City, Philippines 1209

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2020. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

Categories: Immigrant Visa, U.S. Government

Tags: Executive Order (EO)

When Do Sponsor Obligations End Under Form I-864?

United States Announces New Visa Policies Targeting Chinese Nationals

U.S. Consulate in Hong Kong Announces New Policy for Immigrant Visa Applicants

our services

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

Supreme Court Hands the Trump Administration a Partial Victory in Ongoing Birthright Citizenship Litigation

The United States Supreme Court has given President Donald Trump’s Executive Order (“EO”) curbing birthright citizenship a partial victory. The ruling does not impact “Birthright Citizenship” but rather restricts district court judges from issuing nation-wide (or “universal”) injunctions against Executive Orders. In a 6-3 decision, the Supreme Court held that lower federal court judges who issued nationwide injunctions against the EO went too far and granted the Trump Administration’s request to narrow the injunctions issued in Maryland, Washington and Massachusetts. While the Supreme Court’s ruling was a dramatic shift in how lower federal court judges have operated for years, the decision left enough room for challengers to the EO to prevent it from taking effect while litigation works its way through the federal court system. Specifically, the EO, which also suffered a setback by the Federal Court of Appeals will remain blocked for an additional thirty (30) days) allowing the

When Do Sponsor Obligations End Under Form I-864?

For immigrants to the United States, the Form I-864, Affidavit of Support (“Form I-864”), is a critical part of the family-based immigration process. It is a legally enforceable contract in which a sponsor agrees to financially support the intended immigrant, helping ensure that the immigrant does not rely on certain U.S. government benefits after becoming a permanent resident. By signing Form I-864, the sponsor takes on long-term financial responsibility, but this obligation is not indefinite. The U.S. government outlines specific situations under which the sponsor’s duties come to an end. When Will These Obligations End? A sponsors obligations under a Form I-864 end when the sponsored immigrant: A sponsor’s obligations under a Form I-864 also end if the sponsor dies. As such, the sponsor’s estate is not required to take responsibility for the sponsored immigrant following the sponsor’s death. Divorce does not terminate the responsibility, and if the sponsor dies,

Update on Visa Chargeability for Hong Kong Persons from the President’s Executive Order

CATEGORY

Over 18,000 successful customers with Enterline &Partners, realizing the dream of immigration

Latest News

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration