September 12, 2020

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

Since 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.

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)

Delinquent U.S. Taxpayers in Southeast Asia

Federal Court of Appeals Rules Against Trump’s EO Ending Birthright Citizenship

U.S. Taxes for Americans Abroad

Nonimmigrant Visa Dropbox Renewal Eligibility Reverts Back to Pre-COVID Standards

our services

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

Latest News

What Is Adjustment Of Status For U.S. Immigration Purposes?

Under U.S. immigration law, Adjustment of Status (“AOS”) refers to the process through which an individual who is already in the United States applies to change their immigration status from that of a nonimmigrant visa status to that of an immigrant visa status, or “Lawful Permanent Residence”. This process is typically pursued by individuals who entered the U.S. legally on a temporary basis as a nonimmigrant and later decide to stay permanently. One of the best examples is when a student on F-1 status to attend a four year bachelor degree program is offered a job and qualifies at the end of their studies. They may then be eligible for Adjustment of Status. All AOS Applicants must fulfill certain qualifying requirements in order to apply for Adjustment of Status. They must have entered the U.S. lawfully, such as with a valid nonimmigrant visa and be physically present in the United

Delinquent U.S. Taxpayers in Southeast Asia

While living in the Southeast Asian region, it’s easy to forget about U.S. tax obligations, especially if the taxpayer’s income is deemed “minimal.” Let’s first re-visit our tax filing requirements, where an excerpt is noted right on the last page of one’s U.S. Passport, “All U.S. Citizens working and residing abroad are required to file and report on their worldwide income. Consult IRS Publication 54 …” Tax practitioners may use the standard deduction as the filing threshold. For tax year 2024, single status filers can claim up to $14,600 as a standard deduction. Therefore, if one can maintain and produce supporting documentation that the tax year’s income is below the standard deduction threshold, the taxpayer may opt to not file a U.S. Income Tax Return. However, it’s good practice to still file a tax return to show the U.S. Internal Revenue Service that your income is below the standard deduction

Federal Court of Appeals Rules Against Trump’s EO Ending Birthright Citizenship

A Federal Court of Appeals handed the Trump Administration another blow in its fight to redefine the 14th Amendment ending birthright citizenship through Executive Order (“EO”). The San Francisco-based Ninth Circuit Court of Appeals rejected the Administration’s request for an emergency order putting on hold a nationwide ban issued by Seattle-based Judge John Coughenour last month who found the EO blatantly unconstitutional. Judge Coughenour decision was swiftly followed by Judge Deborah Boardman’s decision in Maryland who also ruled that the EO needed to be stopped. While the Trump Administration argued that Judge Coughenour’s ruling went too far, a three-judge panel disagreed and scheduled the case for arguments in June. U.S. Circuit Judge Danielle Forrest, whom Trump appointed during his first term, said that a rapid decision would risk eroding public confidence in judges who must “reach their decisions apart from ideology or political preference.” The other judges on the panel,

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