USCIS Update: Biometrics Appointment Delays

In a December 29, 2020 Stakeholder Message, U.S. Citizenship and Immigration Services (USCIS) provided an update on biometrics appointment delays at Application Support Centers (ASCs) due to COVID-19. USCIS collects biometrics for certain kinds of applications, including but not limited to: Form I-485, Application to Adjust Status Form I-131, Application for Travel Document (including reentry permit)…

USCIS Filing Fees Update: Gov’t Withdraws 9th Circuit Appeal

Dec. 29, 2020 Update Yesterday, the government filed a motion for voluntary dismissal of its appeal to the U.S. Court of Appeals for the Ninth Circuit in Immigrant Legal Resource Center et al., v. Wolf, et al., a legal challenge to the USCIS final rule from Aug. 20, which increased filing fees and required new versions of…

Can USCIS Reuse Biometrics Submitted Previously?

If an individual previously submitted biometrics in connection with a prior application, can USCIS reuse those biometrics in connection with a new application? Once a USCIS application support center collects an applicant’s biometrics, the FBI conducts a “name check” on the applicant. If fingerprints were taken for a naturalization application, the FBI response is valid…

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

“Public charge” is a ground of inadmissibility. Grounds of inadmissibility are reasons that a person could be denied a green card, visa, or admission into the United States. A battle is being fought out in federal courts across the country over the legality of a Trump administration attempt to modify public charge rules.

Trump Suspends Entry of Immigrants Who Are “Risk” to Labor Market

President Trump has published Executive Order 10014, suspending immigration, as he had previously tweeted about. Effective Date: The proclamation becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET). Whose Entry Is Suspended? The order suspends the entry of any individual seeking to enter the U.S. as an immigrant who: Is outside the United…

Applying for a Replacement or New Immigrant Visa

An immigrant visa is generally valid for a period of up to 6 months. You must enter the U.S. within this 6-month period.[1] Consular officers do not have the authority to extend the validity of an immigrant visa (IV). But, as explained below, it may be possible to apply for a replacement or new IV.…

FAQ: Outstanding Professors and Researchers

To qualify in the outstanding professor or researcher category, you must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area.

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…

Making a Congressional Inquiry for Help with Your Immigration Case

If you are having problems 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) on your behalf.

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.

Video: Tips for Your U.S. Visa Appointment

View on YouTube: https://youtu.be/T80jKsfxruY. This video is for you if you are a client of our law firm and the time for your visa appointment at a U.S. consular post is approaching. It’s an important moment for you. It’s also important to our law firm. This video provides tips to help you get ready. The…

Special Considerations for Visa Processing at U.S. Consular Posts in China

Since our firm’s offices are in China, we are often asked by lawyers in the U.S. to work as local counsel for U.S. visa applications at the U.S. Consulates in Beijing, Guangzhou, Shanghai, Chengdu, and Shenyang. We make it our business to know each consulate’s policies, practices, and procedures. Here are the basic tips we give…

Must an Immigrant Visa Applicant Intend to Live in the U.S. Permanently?

Clients often ask whether to qualify for an immigrant visa (i.e., a green card) they must intend to move to the U.S. permanently. Take, for example, a father who owns a business in China. Can he apply for an EB-5 investor green card so that his teenage son can accompany him to the U.S., even…