Categories
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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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 […]

Categories
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 […]

Categories
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.

Categories
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.

Categories
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:

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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 […]

Categories
Family Immigration Temporary Visas Waivers / Visa Denials

Supreme Court Upholds Travel Ban 3.0

Today, the Supreme Court upheld the third, reengineered version of President Trump’s travel ban by a vote of 5 to 4. Anastasia Tonello, President of the American Immigration Lawyers Association (AILA) issued the following statement:

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Temporary Visas Waivers / Visa Denials

More Chinese Student Visa Applicants Will Be Subject to Security-Related Delays

A State Department official has spoken on background to the Associated Press, saying that more Chinese applying for F-1 visas as graduate students in fields related to science and technology will need “special clearance from multiple U.S. agencies” and that such clearances are “expected to take months for each visa application.” Other nonimmigrant visa applicants […]

Categories
Maintaining LPR Status During Stays Abroad Temporary Visas

AmCham China Addresses U.S. Visa Policy in 2018 White Paper

2018 is a historic year for American companies operating in China: as China marks its 40th anniversary of economic reform and opening, AmCham China is issuing the 20th edition of its American Business in China White Paper. This paper is a comprehensive assessment of the operating environment for foreign companies in China. It was a […]

Categories
Temporary Visas Waivers / Visa Denials

U.S. Visa Denied? Here are Your Options

If your visa is denied, you may be confused and frustrated. And consular officers may be unwilling or unable to properly explain the grounds for refusal and your options for overcoming the refusal. How can an attorney help?

Categories
Temporary Visas

President Trump Rescinds Obama-Era Goal to Speed Visa Processing

President Trump on June 21 rescinded an executive order issued by former President Obama in 2012 that sought to speed up visa interview wait times for nonimmigrant visa applicants, including visitors for business or pleasure, students, and other temporary visitors. More visa delays and denials are likely as a result of the Trump administration’s reduced emphasis […]

Categories
Temporary Visas

Chinese Visitor and Student Overstays in U.S. Fewer Than Global Average

The U.S. Department of Homeland Security has just published it’s FY 2016 entry/exit overstay report. It shows that the visa overstay rate for Chinese visitors and students is lower than the global average and decreasing over time.