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Employment-Based Immigration Family Immigration Temporary Visas

Public Charge Litigation Update: Court of Appeals Stays Order Vacating DHS Public Charge Rule Nationwide

U.S. Court of Appeals for the Seventh Circuit (Nov. 3, 2020) On November 3, 2020, the Seventh Circuit issued an administrative stay of the decision by the U.S. District Court for the Northern District of Illinois to vacate the DHS Public Charge Final rule pending an appeal. The stay is effective immediately. Accordingly, adjustment of status applications…

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Employment-Based Immigration Family Immigration Naturalization and Citizenship Temporary Visas

USCIS Filing Fees Update: Court Enjoins Fee Increases

On September 29, 2020, the U.S. District Court for the Northern District of California stayed the implementation and the effective date of a USCIS final rule from Aug. 20, which increased filing fees and required new versions of several forms, (Immigrant Legal Resource Center et al., v. Wolf, et al.). The court reasoned that the plaintiffs…

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COVID-19 Temporary Visas

Trump Amends Proclamation Suspending Entry of Aliens Presenting a Risk to the U.S. Labor Market

If you’ve been keeping count, the President has now issued three different proclamations restricting visa issuance and entry of noncitizens allegedly presenting a risk to the U.S. labor market in the wake of COVID-19. They are: Version 1.0 (Apr. 23): President issues  Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market…

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COVID-19 Temporary Visas

Routine Visa Appointment Availability in China

June 24 update: Bloomberg is reporting that dozens of U.S. diplomats are preparing to return to Beijing next month. Reportedly, some are concerned that the Chinese government could have access to their DNA samples from COVID-19 testing. And some are concerned that dependent family members may be separated if they test positive. June 20: The…

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Temporary Visas Waivers / Visa Denials

Trump Suspends Entry of Chinese Students and Researchers: First Impressions

The President has issued a May 29, 2020, Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China.The proclamation appears to be counter-productive, a distraction from real measures needed to fight Beijing’s theft of sensitive technologies, and an attempt to boost Trump’s electoral odds by stoking xenophobia.

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Temporary Visas Waivers / Visa Denials

“Administrative Processing”: a Black Hole for Visa Applicants

For the uninitiated, “administrative processing” (AP) is State Department-speak for a temporary visa refusal pending further investigation of a visa application. (9 FAM Appendix E, 404). The applicant typically learns of the temporary refusal when, at the conclusion of the interview, the consular officer issues a written notice stating that under section 221(g) of the Immigration…

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Naturalization and Citizenship Temporary Visas Waivers / Visa Denials

“Birth Tourism” Restricted by New State Department Rule

The State Department has published a Jan. 24 rule taking aim at birth tourism. The rule prohibits issuance of a B-2 (visitor for pleasure) visa if the applicant’s primary purpose for traveling to the U.S. is to gain citizenship for a child by giving birth in the U.S. The new rule will not prohibit pregnant…

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Temporary Visas

U.S. Consulate in Shenyang Consular Section Relocating to Maoye Mall

The U.S. Consulate in Shenyang’s Consular Section is moving to the 5th Floor of Maoye Mall at 185 Qingian Avenue (茂业天地购物中心青年大街185号). That’s near subway line 2 Shitushuguan Stop (市图书馆站). Take Exit B. If you are entering the mall before 10 AM, use the dedicated consular section entrance located to the right of Starbuck’s Coffee. Routine…

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Family Immigration Temporary Visas

K-1 Fiancé(e) Visa Guide

This article covers the requirements and procedures to apply for a K-1 visa, as well as the terms and conditions of K-1 status. Also covered are the rules for the fiancé(e)’s unmarried children under age 21 to apply for K-2 visas.

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Temporary Visas

Interruption to U.S. Consulate in Shanghai Visa Services

The U.S. Consulate in Shanghai advised on Fri. Aug. 30 that: Due to network issues, the consular section of the U.S. Consulate General in Shanghai is experiencing interruption to a range of consular services. We are working … to … restore … services…. We will not be scheduling new interview appointments until this issue is…

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Employment-Based Immigration Family Immigration Temporary Visas Waivers / Visa Denials

New DHS Public Charge Rule

On August 14, 2019, the U.S. Department of Homeland Security (DHS) published a final rule governing the public charge grounds of inadmissibility, found at section 212(a)(4) of the Immigration and Nationality Act (INA). Unless litigation halts implementation of the rule, it will go into effect after 60 days, on October 15, 2019. Here is a…

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Employment-Based Immigration Family Immigration Maintaining LPR Status During Stays Abroad Naturalization and Citizenship Temporary Visas Uncategorized Waivers / Visa Denials

Making a Congressional Inquiry for Help with Your Immigration Case

A member of the U.S. Congress may be willing to inquire with a Federal immigration agency, such as U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS), if you are having problems with your case.

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Temporary Visas Waivers / Visa Denials

Findream LLC Operator Indicted for OPT-Related Scam

The below July 26, 2019, press release is from U.S. Immigration and Customs Enforcement. Huang Weiyun has been indicted on allegations that, among other things, she sold letters falsely verifying that F-1 students were eligible for optional practical training (OPT) based on employment with her company, Findream LLC.

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Family Immigration Temporary Visas Waivers / Visa Denials

New Social Media Question on Visa Application Forms

On May 31, 2019, the U.S. State Department updated its immigrant and nonimmigrant visa application forms to request social media usernames from most immigrant and nonimmigrant visa applicants worldwide.

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Temporary Visas

State Dep’t Statistics on B Visa Refusals for Chinese Nationals

The rate of B (tourist and business visitor) visas refusals for Chinese nationals have been climbing since 2013 and stands at 17% as of 2018, according to the U.S. State Department.

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Temporary Visas

H and L Visa Appointments Will No Longer Be Held in Shenyang or Chengdu

H (temporary worker) and L (intracompany transferee) visa interviews in China will be consolidated in Beijing, Guangzhou, and Shanghai, the Embassy has announced:

Categories
Employment-Based Immigration Temporary Visas

L-1 Intracompany Transfer Visas and EB-1 Multinational Managers: A Guide for Startups and Mature Companies

This Guide provides an overview of the requirements and procedures involved in applying for an L-1 (intracompany transfer) visa, seeking admission to the U.S., and complying with the terms and conditions of the visa. This Guide also discusses the related green card category for EB-1 multinational managers.

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Family Immigration Temporary Visas

Can I Visit the U.S. While Waiting for My Immigrant Visa?

Here’s a question I’m often asked: I am married to a U.S. citizen. He has started the process for me to get a green card by filing a Form I-130, Petition for Alien Relative. Once it’s approved by USCIS, I will apply for an immigrant visa at the U.S. Embassy in my home country. Can…

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Expeditious Naturalization for Spouse of U.S. Citizen Employed Abroad Family Immigration Temporary Visas

Applying for a B1/B2 (Visitor) Visa as the Spouse of a U.S. Expat

I’ve been asked several times today about how the spouse of a U.S. citizen expat can apply for a B1/B2 (visitor for business or pleasure) visa. The question typically goes something like this: I am a U.S. citizen. I have lived in China for 5 years. My wife has been denied a U.S. tourist visa…

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B1/B2 Visa (Visitor for Business or Pleasure) Temporary Visas

Visas for Parents to Accompany F-1 Student to the U.S.

The B-2 (visitor for pleasure) visa is as flexible as a world-class gymnast. The State Department has announced that a B-2 visa may be used by parents to accompany a minor with an F-1 (student) visa to the U.S. As background, its well known that an F-1 student’s spouse and children (under age 21) can get…