Applicants for U.S. immigrant visas and K-1 (fiancée) visas are required to submit a set of civil documents in support of their application. This includes, for example, birth, marriage, and police certificates. Effective June 15, 2021, the U.S. State Department has extended the validity of police certificates to 2 years. See 9 FAM 504.4-4(A) and…
Category: Employment-Based Immigration
Immigrant Visa Issuances at the U.S. Consulate in Guangzhou (Apr. 2021)
The Visa Office has published the following statistics for immigrant visa issuances at the U.S. Consulate in Guangzhou in April 2021. The first thing that stands out is the huge increase in issuance of FX visas (for spouses and children of permanent residents, and their children). In April 1,324 FX visas were issued, compared to…
Biden Revokes Trump’s Health Insurance Requirement for Immigrant Visa Applicants
On May 14, President Biden revoked former President Trump’s proclamation requiring that immigrant visa applicants buy health insurance. Proclamation 9945 had never gone into effect because it was tied up in litigation. Plaintiffs in Doe vs. Trump that the proclamation was an unlawful exercise of power reserved for Congress. It would have required immigrant visa…
State Dep’t Creates National Interest Exceptions for Regional COVID Entry Bans
The Secretary of State has opened up cracks in the the entry bans for foreign nationals who have been in China, Iran, Schengen Area, United Kingdom, Ireland, Brazil, or South Africa within 14 days of applying for a visa or seeking entry to the United States. These entry bans were created by Presidential Proclamations 9984…
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…
How to Read the State Department Visa Bulletin
Under U.S. immigration law, there is an annual quota on the number of persons who may be granted lawful permanent resident (LPR) status in any category. The monthly Visa Bulletin explains to whom an immigrant visa number is immediately available.
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? USCIS requires biometrics appointments in connection with various types of applications, such as for adjustment of status (Form I-485), reentry permits (Form I-131), employment authorization (Form I-765), and naturalization (Form N-400). Once…
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.
China Birth Certificate: What Is Needed for U.S. Immigration Purposes?
If you were born in Mainland China and are applying for a U.S. green card, you will need to submit a notarial China birth certificate. That’s true regardless of whether you are filing a Form I-485 (Application to Adjust Status) with USCIS or are applying for an immigrant visa at a U.S. consulate abroad.
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.
How USCIS Calculates Processing Times for Petitions and Applications
There are backlogs in U.S. Citizenship and Immigration Services (USCIS) processing of applications and petitions. This leaves businesses and families to wonder what the processing times are. In March 2018, the agency began a pilot program to calculate processing times for some cases in a new way.
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…
USCIS Filing Fees Increase
USCIS has issued a final rule increasing filing fees for most immigration applications and petitions. The new fees go into effect December 23, 2016. USCIS explains that fees are increasing “for the first time in six years, by a weighted average of 21 percent.”
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…