July 28, 2020

Hong Kong Born Nationals Facing Long Wait Times for Immigrant Visas

On July 14, 2020 President Trump signed the Hong Kong Autonomy Act of 2020 and at the same time signed The President’s Executive Order on Hong Kong Normalization. The intent of this Executive Order (“EO”) is to suspend or eliminate different and preferential treatment for Hong Kong, including the treatment of Hong Kong nationals as separate from China nationals under the U.S. immigration laws.

The EO cites a number of laws regarding U.S. and Hong Kong relations, including Section 202 of the United States-Hong Kong Policy Act of 1992, Section 103 of the Immigration Act of 1990; and Sections 203(c), 212(l), and 221(c) of the Immigration and Nationality Act of 1952. The EO gives the appropriate agencies 15 days to commence enforcement of the actions ordered by the President.

The impact on Hong Kong passport holders will be profound.

Under Section 2 of the EO, Trump expressly eliminates the preference for Hong Kong passport holders as compared to PRC passport holders. The effect of this will be to treat Hong Kong nationals the same a Chinese nationals in visa allocation, visa validity and visa application fees.

Most sever of these – visa allocation – will be a change to how the U.S. allocates visas to Hong Kong nationals for immigrant visa categories that are oversubscribed (basically all categories for Chinese nationals). Hong Kong nationals will now be folded into the same “China mainland-born” visa waiting list and might wait years, or in some cases decades, for visas to be available.

It might still be too early to panic just yet. Cooler heads might prevail and adjust or even reverse the impact of the EO on Hong Kong passport holders. The President might realize that these orders only hurt the people of Hong Kong. Regulations might “grandfather” anyone who is already in the immigration process so that they may continue without harm.

There is also an interesting question as to how the U.S. will apply the EO to those with British National Overseas passport holders versus Hong Kong, Special Administrative Regional passport holders. The U.S. immigration laws regarding immigrant visa allocation is based on “country of birth” and not on an applicant’s passport, so it will be interesting to see how this is handled.

With many clients from Hong Kong, Enterline and Partners will be following this development closely.

For more information, contact us at info@enterlinepartners.com and speak with one of our U.S. immigration lawyers in Ho Chi Minh City, Manila and Taipei.

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: China, EO, Executive Order, Immigrant Visa, Immigration, Immigration and Nationality Act, Non-immigrant Visa, Trump, U.S. Visa, Visa

The Importance of the DS-160 Online Application When Applying for a U.S. Visa

Affiliated Job-Creating Entity, Job-Creating Entity And New Commercial Enterprise In The RIA

DOS to Suspend Immigrant Visa Applications from Seventy-Five Countries. Philippines and Vietnam Not Included in the Suspension

What is an Immediate Relative Under U.S. Immigration Law?

our services

contact us today for more information

Latest News

Form I-130 Checklist for Spouse: What Documents Are Needed in a Form I-130?

Filing a family based immigrant petition for a foreign spouse is one of the most commonly applied for U.S. immigration benefits. The Form I-130, Petition for Alien Relative (“Form I-130”), filed with the United States Citizenship and Immigration Services (“USCIS”) is used by U.S. citizens and lawful permanent residents (“Green Card Holders”) to establish a qualifying relationship with their spouse. One of the most common reasons for delays, Requests for Evidence (“RFE”), or denials is incomplete or improperly prepared supporting documentation. This guide provides clear and practical recommendations concerning Form I-130 documents helping couples understand what USCIS expects and how to prepare a strong filing. Understanding a Form I-130 for a Foreign Spouse The Form I-130 is not a visa application. It is a USCIS petition to prove that a valid marital relationship exists between the U.S. citizen or Green Card Holder and the foreign spouse. Once approved, the foreign

The Importance of the DS-160 Online Application When Applying for a U.S. Visa

The Importance of the DS-160 Online Application cannot be overstated for anyone applying for a U.S. nonimmigrant visa. Whether you are applying for a B-1/B-2 visitor visa; an F, M, or J student visa; or any temporary visa to the United States, the DS-160 is the foundation of your application and a major step in the U.S. visa process. This article explains why the DS-160 is essential, what information it collects, and how mistakes on this form can impact your visa application outcome. When applying for a U.S. nonimmigrant visa, the DS-160 is the official Online Nonimmigrant Visa Application form required by the U.S. Department of State. Consular officers use this form as the primary source of information to evaluate your eligibility and intent to travel to the United States. Because the DS-160 carries authoritative relevance in every nonimmigrant visa application, providing accurate and truthful information is crucial for your

Affiliated Job-Creating Entity, Job-Creating Entity And New Commercial Enterprise In The RIA

A number of key terms are defined EB-5 Reform and Integrity Act of 2022 (“RIA”). Herein we explain the terms “Affiliated Job-Creating Entity,” “Job-Creating Entity,” and “New Commercial Enterprise.” Understanding these definitions is essential for both investors and businesses involved in the EB-5 program. 1. New Commercial Enterprise A New Commercial Enterprise refers to a for-profit organization formed in the U.S. for the purpose of conducting lawful business activities and is receiving investment capital from foreign investors to participate in the EB-5 Program. This could include a wide variety of business structures, such as sole proprietorships, partnerships, registered companies, and others. The New Commercial Enterprise may be publicly or privately owned and receives capital investments from foreign investors. 2. Job-Creating Entity A Job-Creating Entity is any organization that is formed in the United States to conduct lawful business activities, regardless of the legal structure, similar to a New Commercial Enterprise.

Hong Kong Born Nationals Facing Long Wait Times for Immigrant Visas

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.

CATEGORY

contact us today for more information

Latest News