What Will a New Trump Administration Mean for Immigrants?
Trump made overhauling U.S. immigration policy a centerpiece of his campaign, promising to enact even stricter policies than he did in his first term. Most notably, he’s promised to carry out mass deportations of millions of immigrants living in the country without legal permission, deport foreign students who participate in anti-Israel protests, end President Joe…
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…
Updated USCIS Processing Times for I-130s and I-129Fs
ContentsSummaryMethodologyTable 1: Processing Times for standalone I-130s for immediate relatives and I-129FsTable 2: Numbers of immediate relative I-130s received, approved, denied, and pending at each service center Summary This article focuses on processing times for Forms I-130 (Petitions for Alien Relatives) on behalf of immediate relatives (i.e., spouses, parents, and children under age 21) and…
China Police Certificates
ContentsBackground InformationNote on Unobtainable Police CertificatesGetting a Quote from Our Law FirmWe Can Assist NationwideClient TestimonialsFurther Reading Our law firm routinely assists clients in obtaining China police certificates for purposes such as immigration (to the United States, Canada, Australia, New Zealand, and other countries) or employment background checks. Our clients include foreign nationals, including former…
How to Prove a China Birth Certificate Is Unobtainable 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 China notarial birth certificate (NBC). That’s true regardless of whether you are filing a Form I-485 (Application to Adjust Status) with U.S. Citizenship and Immigration Services or are applying for an immigrant visa at…
How to Apply for a China Notarial Birth Certificate
If you were born in Mainland China, you may need a notarial birth certificate (NBC) for purposes of applying for immigration or citizenship in another country, such as the United States, Canada, Italy, etc.
Guide to Form I-751, Petition to Remove Conditions on Residence
A spouse who immigrates based on marriage to a U.S. citizen or lawful permanent resident will be granted conditional resident (CR) status if, at the time of admission as an immigrant, the marriage is less than two years old.
Visa Denied? Consider Requesting an Advisory Opinion from LegalNet
ContentsWhat Is LegalNet?What is the Scope of Questions That LegalNet Reviews?Processing TimesConcluding Thoughts 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. There is no right to appeal a visa refusal.…
Conviction in Chinese Birth Tourism Scheme
A jury has convicted a Southern California couple of running a business that helped pregnant Chinese women travel to the United States without revealing their intentions to give birth to babies who would automatically have American citizenship, as reported by the Associated Press on Sept. 14. Michael Liu and Phoebe Dong were found guilty of…
Pro Forma Visas for U.S.-China Dual National Children
Introduction It’s tricky for a child who is a dual national of the United States and Mainland China to depart China. The child must present to the immigration inspector at the port of departure from Mainland China both (a) a travel document issued by the Chinese government and (b) a document authorizing their entry to…
Expeditious Naturalization for Spouses of U.S. Citizens Employed Abroad under Section 319(b)
Are you the spouse of a U.S. citizen employed abroad by a U.S. company, the U.S. government, an international organization, a research institution, or a religious organization? You may be eligible for expeditious naturalization. Chodorow Law Offices can help:
New U.S. Dog Importation Rules
Starting on August 1, 2024, 12:01 AM ET, the U.S. Centers for Disease Control and Prevention (CDC) will enforce new rules for importing dogs to the United States. All dogs entering or returning to the United States must meet new, specific requirements depending on where they have been in the six months before entering the…
How to Answer Social Media Questions on Visa Application Forms
Since May 31, 2019, the U.S. State Department has asked social media-related questions on nonimmigrant and immigrant visa application forms.
Applying for a China “Exit and Entry Permit” or “Travel Document” for a Child with Dual Nationality
ContentsBackgroundExit and Entry PermitTravel DocumentOther Options to Consider This article explains how parents can apply for an Exit and Entry Permit (出入境通行证 churujing tongxingzheng) or a Travel Document (旅行证 lvxingzheng) on behalf of a dual nationality child. Our law firm can help you analyze whether this or a different travel document is best for your child.…
Catalog of U.S. Visa Sanctions Against China (Updated)
This article summarizes the U.S. government's visa sanctions targeting specific Chinese individuals, companies, and institutions.
U.S. Deports Over 100 Migrants with China’s Cooperation
The Associated Press reports that on July 2 the Department of Homeland Security sent 116 Chinese migrants from the United States back home in the first “large charter flight” in five years. DHS said it was working with China to “reduce and deter irregular migration and to disrupt illicit human smuggling through expanded law enforcement…
Biden’s Parole in Place Announcement: Momentous, or Too Little Too Late?
ContentsEligibility for Parole in PlaceApplication ProcessHow Did We Get Here? From IIRIRA to NowMomentous, or Too Little Too Late? President Biden announced this morning that the Department of Homeland Security (DHS) will “take action” to allow certain undocumented spouses and children of U.S. citizens to apply to remain legally in the U.S. with work authorization and, subsequently,…
Beware of Immigration Scams Related to Biden’s Parole in Place Announcement
Despite the excitement about new White House immigration announcement regarding immigration relief for certain undocumented spouses and children of U.S. citizens, it is more important than ever to seek advice from a qualified immigration attorney or an accredited representative about your specific situation. BE PATIENT and take the time to find the right help. Details…
DHS Fact Sheet on Parole in Place for Certain Undocumented Spouses and Children of U.S. Citizens
President Biden announced this morning that the Department of Homeland Security will “take action” to allow certain undocumented spouses and children of U.S. citizens to apply to remain legally in the U.S. with work authorization and, subsequently, apply for adjustment of status, becoming lawful permanent residents. DHS has released a Fact Sheet with further details. The full…
President Biden Announces Parole in Place for Certain Undocumented Spouses and Children of U.S. Citizens
President Biden announced this morning that the Department of Homeland Security will “take action” to allow certain undocumented spouses and children of U.S. citizens to apply to remain legally in the U.S. with work authorization and, subsequently, apply for adjustment of status, becoming lawful permanent residents. The full text of the announcement is reproduced below.…
Getting China Notarial Certificates for Your U.S. Immigration Case
Contents1. Introduction2. What is “Notarization” in China?3. Where Should You Apply?4. What Evidence of Identity Do You Need?5. What Are the Application Procedures?6. Can Someone Else Get the Certificates for You?7. Typical Formats for a Notarial Certificate8. Certificates Needed for U.S. ImmigrationBirth CertificateCertificate of No Criminal RecordMarriage CertificateDivorce CertificateDeath Certificate of Prior SpouseMilitary RecordsCustody CertificateAlias…
How to Reschedule a USCIS Biometrics Appointment
ContentsRescheduling Online Versus by PhoneGood Cause RequiredUntimely Requests to RescheduleSources New rules for rescheduling biometrics appointments were announced by U.S. Citizenship and Immigration Services (USCIS) in July 2023. If biometrics are required by USCIS for your case, you will receive a biometrics appointment notice (Form I-797C, Notice of Action). It will include the date, time,…
U.S. Consulate General in Wuhan is now open for all categories of nonimmigrant visa appointments
May 20, 2024: The U.S. Consulate General in Wuhan is open for all categories of nonimmigrant visa appointments, such as business and tourist visitor visa appointments starting Monday, June 3. Apr. 12, 2024: U.S. Consulate General in Wuhan has opened student and scholar visa appointments The U.S. Consulate General in Wuhan has opened appointment slots…
Proving Nonimmigrant Intent for a U.S. Visa
Contents1. Introduction1.1 Nonimmigrant Intent Requirements for Common Nonimmigrant Visa Classifications1.2 The Burden of Proof1.3 Were You Refused Under Section 214(b)? The Issue May Not Be Nonimmigrant Intent2. The Nonimmigrant Intent Requirement Explained2.1 Unabandoned Foreign Residence2.2 Coming to the U.S. “Temporarily”2.3 Factors Considered by the Consular Officer3. Dual Intent: Can a Person Who Seeks to Immigrate…
U.S. Visas for Medical Treatment
More Chinese patients are checking into travel abroad for healthcare needs, spurred by a rising demand for specialty care and sophisticated treatments. Below, I look at the driving forces behind the increase in so-called medical tourism, some differences between the U.S. and Chinese health care systems, the doctor-patient relationship in the U.S., and the U.S. visa requirements for healthcare…
Understanding the Individual Taxpayer Identification Number
ContentsCaution Against ITIN-Related ScamsHow to Apply for an ITINExpiration of ITINsFurther Reading An Individual Taxpayer Identification Number (ITIN) is issued by the IRS and is for individuals who need a U.S. taxpayer identification number but are not eligible for a Social Security Number (SSN). For many foreign nationals, particularly those seeking U.S. immigration benefits, proving…
Spring Festival Closings 2024
Happy Lunar New Year! The U.S. Embassy and Consulates General in China will be closed Feb. 9 to 14. Chodorow Law Offices will be closed for the official holiday, Feb. 10 to 17.
Job Opening: Bilingual Paralegal (Shenyang)
We are looking for a paralegal to work under lawyer supervision to manage all steps of applications for China police certificates by foreigners, residents of Hong Kong/Macau/ Taiwan, and former Chinese citizens.
2024 Law Student Summer Internship Opportunity: U.S. Immigration Law (Albuquerque or Remote)
Our law firm has an internship opportunity to work in Albuquerque or remotely. The intern will assist our staff with projects related to U.S. visas, permanent residence, and nationality law.
Immigrant Visa Guide
This Guide provides an overview of the requirements and procedures to apply for a U.S. immigrant visa.
H-1B Stateside Visa Renewal Pilot Program
The State Department today formally announced a new pilot program to renew H-1B visas within the U.S. for certain H-1B workers. Stateside visa processing was discontinued in 2004, except for diplomats, because a fingerprint requirement had been put into place after 9-11, and the State Department lacked the capabilities to gather fingerprints. The new program…
Form I-864, Affidavit of Support: Help Center
Welcome to the Affidavit of Support Help Center. If you feel that you need some help with the Form I-864, Affidavit of Support, you are not alone. Technical errors with the Form I-864 are among the most common reasons for denial of permanent residence applications.
Update: Entry Suspended for Chinese Students and Researchers with Military-Civil Fusion Links
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…
China Joins Hague Apostille Convention
ContentsIntroductionWhat Is an Apostille?How Will Foreign Apostilles be Accepted in ChinaHow Will Apostilles Be Issued in Mainland China?Can the FAO Apostille a Document Notarized Before the Apostille Convention Came into Force in China?Our Firm’s Work Introduction On March 8, 2022, China officially acceded to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, also…
DHS to Increase Employment Authorization Validity Periods for Adjustment of Status Applicants
The Department of Homeland Security will “increase the maximum validity period of initial and renewal EADs [employment authorization documents] to 5 years for …. applicants for … adjustment of status,” among others, according to a Sept. 20 fact sheet. This change should be effective for initial and renewal EADs issued beginning Oct. 1. The American…
How a Government Shutdown Could Impact Immigration Agencies
Congress appears to be on track to trigger a government shutdown on October 1, 2023, because it is not expected to pass the 12 appropriations bills that fund government operations before the start of the new fiscal year. During a shutdown, personnel funded by annual congressional appropriations are furloughed and not permitted to work. Exceptions are made…
“Widespread” DHS Use of Fake Social Media Profiles
The U.S. Department of Homeland Security (DHS) regularly uses fake social media profiles to collect information on noncitizens, according to an article in Law360 (subscription required), based on internal documents obtained by the Brennan Center for Justice. The documents were released in reply to the Center’s 2020 Freedom of Information Act suit. The documents show…
Job Opening: Bilingual Paralegal (Remote)
This position has been filled. Our firm is growing! We are looking for a paralegal to work under lawyer supervision to manage all steps of U.S. immigration cases before U.S. Citizenship and Immigration Services, the State Department, and U.S. Customs and Border Protection. Case types include, for example:
What Documents Can a Lawful Permanent Resident Use to Enter the U.S.?
Contents1. Form I-551, Permanent Resident Card2. Immigrant Visa and Passport3. ADIT Stamp Contained in a Passport or on Form I-944. Form I-327, Reentry Permit5. Form I-571, Refugee Travel Document6. Transportation Letter / Lincoln Boarding Foil7. ExceptionsConclusionFootnotes A person seeking to be admitted to the United States as a lawful permanent resident (LPR) must present one…
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.
Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship
Did you think the Cold War was over? The U.S. Immigration and Nationality Act still makes inadmissible (i.e., ineligible) for permanent residence and citizenship certain persons who have been members of or affiliated with the Communist Party. The Chinese Communist Party (CCP) has some 80 million members, so this ground of ineligibility is a key…
USCIS to Deliver Some ADIT Stamps by Mail
Some lawful permanent residents (LPRs) may receive temporary evidence of their lawful permanent resident status by mail rather than physically visiting a field office, USCIS announced on Mar. 16, 2023. This evidence is in the form of an Alien Documentation, Identification and Telecommunication (ADIT) stamp, also known as an I-551 stamp). An ADIT stamp’s validity…
CDC Rescinds COVID Test Requriement for Air Travelers from China
Effective Mar. 10, 2023, the U.S. Centers for Disease Control (CDC) has rescinded the order requiring a negative COVID-19 test result for all travelers to the United States on flights originating in China. Effective January 5, at 12:01 ET, the U.S. Centers for Disease Control and Prevention (CDC) will require a negative COVID-19 test result (taken…
U.S. Consular Services in China Resuming in Part
The U.S. Mission in China announced on Dec. 27 that Consular Sections at the U.S. Embassy in Beijing, and Consulates Guangzhou and Shenyang will resume routine consular services on January 3. Consulate General Wuhan has resumed providing limited U.S. citizen services. Shanghai will continue operating in emergency operations status until further notice. Please note that…
New U.S. Bridge Visa Foil
The U.S. has begun issuing a new “Bridge” visa foil for immigrant and nonimmigrant visas. It depicts the Golden Gate Bridge, which links San Francisco’s Presidio to the Marin headlands and is easily identified by its orange color. The “Bridge” visa foil replaces the “Lincoln” visa foil currently in use by consular posts worldwide. It will be…
Shanghai COVID Restrictions Impacting Local U.S. Consulate Services
In response to outbreaks of COVID-19 throughout the People’s Republic of China, Shanghai city officials recently implemented guidelines and changes to the local health code which may limit movement and interrupt plans for U.S. Consulate-provided routine services for U.S. citizens and U.S. visa applicants.
Utah Marriage Over Zoom Is Valid for U.S. Immigration Purposes Once Consummated
ContentsIs a Utah Video Conference Wedding Really a “Proxy” Marriage?The Consummation RequirementConcluding ThoughtsFurther Reading Generally speaking, a proxy marriage is a wedding in which one or both of the individuals being united are not in the physical presence of the officiant. An absent party may be represented by another person (“proxy”). Historically, some reasons for proxy marriage have…
SHI Jianxiang, Wanted in China, Convicted of U.S. Visa Fraud
A fugitive Chinese businessman was sentenced Friday to one year in prison after he was convicted on two counts of visa fraud for hiding a Marshall Islands passport he held under another name. See Carolina Bolado, Wanted Chinese Businessman Gets One Year for Visa Fraud, Law360 (Oct. 14, 2022) (subscription only). U.S. District Judge Darrin P. Gayles sentenced SHI Jianxiang Shi to 12 months…
Guide to Form I-407, Record of Abandonment of Lawful Permanent Resident Status
Contents1. Introduction1.1 Reasons for Abandonment1.2 Will You Be Eligible for a Nonimmigrant Visa?1.3 Will You Be Eligible to Re-Immigrate In the Future?1.4 Related Topics Not Covered Here2. Exit Tax Issues3. Procedures for Voluntary Abandonment3.1 Where to Apply3.2 Completing the Form3.3 Documents Needed3.4 Disposition3.5 Keep a Copy of the I-4074. Conclusion 1. Introduction Form I-407, Record of…
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…
China Won’t Cooperate in Repatriating Deportees in Wake of Pelosi’s Taiwan Visit
There is nothing new about U.S. complaints regarding China’s lack of cooperation in repatriating its citizens who have been ordered deported. Nevertheless, China’s Ministry of Foreign Affairs has suspended cooperation in such cases in retaliation for the visit by Speaker of the House of Representatives Nancy Pelosi’s visit to Taiwan. China also canceled other efforts…
COVID Vaccination Requirements for Nonimmigrants
Persons seeking to enter the U.S. by air as nonimmigrants are required to show proof of being fully vaccinated against COVID-19.
Can I Enter the U.S. as a Visitor Then File a Form I-485, Application to Adjust Status?
Can you enter the U.S. as a visitor, then become a lawful permanent resident (LPR), i.e., green card holder, by filing with U.S. Citizenship and Immigration Services (USCIS) a Form I-485, Application to Adjust Status, instead of waiting abroad for an immigrant visa appointment?
U.S. Drops COVID Testing for Incoming Air Travelers
The U.S. Centers for Disease Control is canceling the requirement that incoming air travelers to the U.S. (both citizens and foreign nationals) must present to the airlines evidence of completion of a COVID test taken within 1 day. That requirement was initially put into place Jan. 26, 2021, and revised Dec. 7, 2021. Read more…
Choosing the Best Visa Strategy for a Fiancée or Spouse: K-1, K-3, or CR1/IR1 Immigrant Visa?
A U.S. citizen planning to file a visa petition for a foreign fiancée or spouse who is outside the U.S. may have various strategies to choose from. The most common options are the K-1 fiancée visa, the K-3 visa, and the CR1/IR1 immigrant visa. This article analyzes the factors to be considered in choosing among…
Translation: Notary Department of the Ministry of Justice of the People’s Republic of China, Notice Regarding Handling Certificates of No Criminal Conviction for Foreigners’ Periods of Residence in China (1990)
What follows is an unofficial translation of the Notary Department of the Ministry of Justice of the People’s Republic of China, Notice Regarding Handling Certificates of No Criminal Conviction for Foreigners’ Periods of Residence in China (关于办理外国公民在华居住期间是否受过刑事制裁证明的通知), Dept. Doc. No. 55 (May 15, 1990), available at China Court Laws and Regulations Index, http://fgcx.bjcourt.gov.cn:4601/law?fn=chl341s663.txt&truetag=2&titles=&contents=&dbt=chl. Title: Notice…
EAD Renewal Still Pending? 540-Day Automatic Extension
U.S. Citizenship and Immigration Services (USCIS) is experiencing significant delays renewing employment authorization documents (EADs). To prevent a lapse in employment authorization in these circumstances, upon filing a Form I-765, Application for Employment Authorization, the automatic extension of employment authorization is being increased to 540 days. Previous regulations provided that upon filing a Form I-765…
Pre-Flight COVID Test Temporarily Waived for Shanghai Departures
In recognition of the fact that current lockdowns in Shanghai may prevent individuals from getting a pre-departure COVID-19 test, the Centers for Disease Control and Prevention (CDC) has announced that effective immediately the test requirement is waived for U.S. citizens; U.S. nationals, lawful permanent residents (LPRs); noncitizens in possession of a valid U.S. immigrant visa;…
USCIS Expands Interview Waivers for I-751s
On Apr. 7, 2022, USCIS updated its guidance regarding the circumstances under which an interview can be waived for Form I-751, Petition to Remove Conditions on Residence. Per the updated policy, USCIS officers may consider waiving an interview if: the record contains sufficient evidence that the marriage was bona fide, not entered into for the…
U.S. Consulates in Shanghai and Shenyang Temporarily Closed (Updated)
Shanghai Due to local health control measures, the visa unit at the U.S. Consulate in Shanghai is currently closed. They expect to remain closed until the lockdown is lifted, according to ustraveldocs.com. The United States has no higher priority than the safety and security of U.S. citizens overseas, including Mission China’s personnel and their families. On…
USCIS Announces New Cycle Time Goals
I recently wrote about how USCIS processing times for family-sponsored immigration, which increased during the Trump administration, remain stubbornly high. For example, adjudication of a Form I-130, Petition for Alien Relative, on behalf of a citizen’s spouse or child, can take up to 16 months. And that’s just the first of multiple steps for the…
ZTE Visa Fraud Allegations Found Credible by Texas Federal Judge
A Texas federal judge has found to be true allegations of visa fraud by ZTE, a partially state-owned Chinese telecommunications and information technology company. Judge Ed Kindeade’s findings were made in the context of a hearing on whether to revoke ZTE’s probation for violating Iran sanctions. ZTE was on probation after pleading guilty in 2017…
U.S. Expats Can File I-130s Abroad for Afghan, Ethiopian, and Ukranian Immediate Relatives
The State Department announced on March 17 that a U.S. citizen who is physically present overseas with Afghan, Ethiopian, or Ukrainian immediate family members may ask to file a Form I-130, Petition for Alien Relative, at the nearest U.S. embassy or consulate that processes immigrant visas. This is an exception to the general rule that…
USCIS Albuquerque Field Office Updates
The USCIS Albuquerque Field Office provided the following updates during the Mar. 17, 2022, stakeholder meeting. Processing Times for Form I-485, Application to Adjust Status January: 11.01 average months, 185 cases adjudicatedFebruary: 9.7 average months, 203 cases adjudicatedMarch: 11.67 average months, 55 cases adjudicated to date Some cases have experienced delays because the Albuquerque Field…
New Police Certificate Rules Issued by China’s Ministry of Public Security
ContentsKey PointsTranslationChapter I. General ProvisionsChapter II. Application and AcceptanceChapter III. Inquiry and NotificationChapter IV. Objections and ComplaintsChapter V. Legal ResponsibilitiesChapter VI. Supplementary ProvisionsAttachments Our law firm has a team that helps foreigners and residents of Hong Kong, Macau, and Taiwan apply for mainland China police certificates, also known as certificates of no criminal conviction (CNCCs)…
Guide to the Form I-485, Application to Adjust Status
Contents1. Introduction1.1 Choosing Between Adjustment and Consular Processing1.2 Rights and Obligations of Permanent Residents2. Requirements2.1 Physical Presence in the U.S.2.2 Eligibility to Receive an Immigrant VisaConcurrent FilingTermination or Revocation of Visa PetitionDerivative Family Members2.3 Visa Availability Requirement2.4 Not “Restricted”The Section 245(i) Exception to “Restricted” Foreign NationalsThe Section 245(k) Exception to “Restricted” Foreign Nationals2.5 Not “Ineligible”2.6…
Guide to Form I-130, Petition for Alien Relative
Contents1. Introduction1.1 Scope of This Guide1.2 Derivative BeneficiariesWhat is a Derivative Beneficiary?Should an LPR File a Separate I-130 for a Child?1.3 Conditional Resident Status1.4 Preference Categories, State Department and USCIS Classifications2. Requirements: I-130 for Spouse2.1 The Petitioner Must Be a U.S. Citizen or LPR2.2 The Petitioner Must Not Have Been Convicted of Specified Offenses against…
Eileen Gu: What’s the Deal with Her Nationality?
ContentsFacts and AmbiguitiesIs Eileen an American Citizen?Is Eileen a Chinese Citizen?Conclusion Eileen Gu (谷爱凌) is a Chinese-American freestyle skier competing in three events at the Winter Olympics in Beijing: halfpipe, slopestyle, and big air. At the same time, the San Francisco native is the subject of intense controversy for switching from the U.S. to China’s…
Form N-470, Application to Preserve Residence for Naturalization Purposes
Certain classes of naturalization applicants are eligible to count time residing abroad towards meeting the requirement of “continuous residence” in the United States. The table below serves as a quick reference guide on certain “continuous residence” and “physical presence” provisions for persons residing abroad under qualifying employment. Employer or VocationProvisionContinuous ResidencePhysical PresenceU.S. government or contractorINA…
Calling the USCIS Contact Center
ContentsGeneral TipsTips for Requesting an InfoPass AppointmentTips for Requesting an Expedite (Adjudication or Biometrics)Tips for Rescheduling an Interview or Biometrics The U.S. Citizenship and Immigration Services (USCIS) Contact Center at 1-800-375-5283 has updated its phone-tree system. This summary of how to use the system draws on helpful practice tips from the Contact Center’s webpage and…
Proposed Settlement in University of Northern New Jersey Class Action
A federal judge has given preliminary approval to a settlement between U.S. Immigration and Customs Enforcement (ICE) and foreign nationals who enrolled in University of Northern New Jersey, a fake school created by the agency as part of an immigration sting. The proposed settlement would resolve claims that ICE violated the due process protections of the…
Does a Short Stay Establish a “Residence” for Immigration Law Purposes?
The article addresses the question, does a short stay establish a “residence” for purposes of the Immigration and Nationality Act (INA)? This may seem like a trivial question, but it comes up in many contexts for U.S. immigration cases. For example, the following forms all appear to ask about residence history: INA § 101(a)(33) defines…
China: Foreign Nationals Must Register Their Residence with Local Police within 24 Hours
Foreign nationals in China must register their temporary residence with the public security bureau (PSB). This registration is a prerequisite to filing with the PSB Exit-Entry Administration an application for a new visa, stay certificate, or residence permit. In many cities, no police certificate will be issued to a foreigner unless temporary residence registration was previously completed.…
Updated COVID Testing Requirement for Travelers to U.S.
On December 6, the Centers for Disease Control and Prevention (CDC) will implement a one-day COVID-19 testing requirement for travelers over age two coming to the United States.
COVID Vaccination Requirements for Immigrant Visa Applicants
Effective Oct. 1, 2021, the Centers for Disease Control (CDC) requires applicants to receive a full COVID-19 vaccine series prior to being issued an immigrant visa.
COVID-Related Entry Bans to Be Lifted by U.S.; Vaccination to Be Required
ContentsFully VaccinatedCOVID-19 TestContact TracingWhat About U.S. Citizens?Unanswered Questions On Sept. 20, the U.S. government announced it will lift COVID-related entry bans on foreign travelers from European Union, China, Iran, South Africa, Brazil and India beginning November 2021. Instead, foreign travelers from all countries will need to show: proof they are fully vaccinated anda negative coronavirus…
Social Security Number Application Now Part of Form I-485, Application to Adjust Status
Applicants filing Form I-485, Application to Adjust Status, can now request that they be issued a Social Security number (SSN), according to a USCIS announcement on Aug. 8, 2021. The Form I-485 asks, “Do you want the SSA to issue you a Social Security card?” After the I-485 is approved, “USCIS will electronically transmit the…
Certain Hong Kong Residents to Be Granted Deferred Enforced Departure
Secretary of Homeland Security Alejandro N. Mayorkas released the following statement on Deferred Enforcement Departure for certain residents of Hong Kong: “Today President Biden issued a memorandum directing the Department of Homeland Security to take appropriate measures to defer for 18 months the removal for Hong Kong residents presently in the United States. This decision…
Police Certificates Now Valid for 2 Years, Says U.S. State Dep’t
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…
319(b) Expeditious Naturalization: USCIS Washington DC Field Office Procedures Update
The USCIS Washington DC Field Office has provided an update regarding their procedures for appointments and oath ceremonies for applicants for expeditious naturalization under section 319(b) of the Immigration and Nationality Act. Section 319(b) allows the spouses of U.S. citizens employed abroad by certain U.S. employers to qualify for naturalization without completing the normally required…
The Importance of A-Files
Borderless Magazine recently ran an informative story about “A-files” and the importance of a filing a request under FOIA (the Freedom of Information Act) to USCIS for copies of one’s A-file. A-files contain records of all interactions between a noncitizen and immigration agencies and officers. This includes copies of previously filed applications and petitions. This…
Who Automatically Acquires Chinese Citizenship at Birth?
This table summarizes who is automatically a Chinese citizen at birth according to the Nationality Law: Place of Child’s BirthCitizenship of ParentsCitizenship of ChildSource of LawChinaOne or both is ChineseChineseNationality Law, article 4“Both parents are:(a) stateless or uncertain nationality; and (b) have settled (定居) in China.ChineseNationality Law, article 6“Neither is ChineseForeign—Abroad(a) One or both parents is Chinese…
Cato Institute on Welcoming Immigrants from China
“The United States Should Welcome Immigrants from China,” proclaims an article on the Cato Institute website by Alex Nowrasteh and John Glaser. The authors see that competition with China is dominating America’s foreign policy discourse in a way reminiscent of the Cold War. The authors blame this poisoned discourse in part on President Biden’s failure…
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…
Green Card Holders Staying Abroad Over 6 Months Risk Abandonment
Contents1. Introduction2. The Judicial Definition of “Temporary”3. Is There a “Return Every 6 Months” Rule”?4. Keeping a Valid Entry Document5. Applying for A Reentry Permit6. Proving Ties to the U.S. Outweigh Ties Abroad7. A Note on Taxes8. What Will Happen in the Airport if the CBP Officer Suspects Abandonment?8. Keep in Mind the Separate Requirements…
U.S. Retaliates Against China for Failure to Repatriate Deportees
The U.S. has imposed visa sanctions on certain Chinese nationals in retaliation for the Chinese government’s failure to repatriate deportees from the U.S. By 2017, there was a backlog of nearly 40,800 Chinese nationals who had been ordered deported by the U.S. but who had not been removed because China was dragging its feet in issuing travel documents,…
U.S. State Department Loosens Citizenship Requirements for Children Born Abroad thru Assisted Reproductive Technology
The State Department announced on May 18 that it is easing restrictions on the ties children born abroad must have with their parents in order to automatically acquire citizenship at birth abroad under section 301 of the Immigration and Nationality Act. The U.S. will now only require children born abroad to have a “genetic or…
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…
Students and Academics in China Exempted from COVID-Related U.S. Visa and Entry Ban
The State Department has just announced an exception to the COVID-related visa and entry ban for persons present in China. Namely, applicants for F-1 student visas and J-1 exchange visitor visas for academic programs will qualify for a “national interest exception” (NIE) to the ban, so they may be issued visas and enter the United…
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…
State Dep’t Update on Public Charge
Trump’s USCIS public charge rule is dead, and his State Department public charge rule is at death’s door. Here’s the latest announcement, dated Mar. 26, 2021, from the State Department: On July 29, 2020, the United States District Court for the Southern District of New York enjoined the Department of State from “enforcing, applying, implementing,…
USCIS Stops Applying Trump’s 2019 Public Charge Rule
It’s time to celebrate! USCIS has stopped applying the Trump administration’s 2019 public charge rule, also known as the “wealth test.” As background information, the United States has long refused to admit foreign nationals who are likely to become a “public charge.” According to 1999 Interim Field Guidance, a public charge was defined as a…
USCIS Lockbox Delays
USCIS lockbox delays are the topic of a Mar. 10 update to the agency’s COVID-19 webpage: “As a result of COVID-19 restrictions, an increase in filings, current postal service volume and other external factors, you may experience a delay of four to six weeks in receiving your receipt notice after properly filing an application or…
DHS to Stop Defending Trump’s Public Charge Rule in Court
DHS has released the below statement that it will no longer pursue appellate review of judicial decisions invalidating or enjoining the Trump administration’s 2019 public charge rule. Once the judicial invalidation of the 2019 rule becomes final, the 1999 interim field guidance on public charge will apply. This is fantastic news, but it does not…
Biden Rescinds Presidential Proclamation 10014, Which Prohibited Entry of Immigrants Who Are “Risk” to Labor Market
On February 24, 2021, President Biden rescinded Presidential Proclamation 10014, which prohibited the entry of certain immigrants into the United States due to possible harm to economic interests due to the COVID-19 pandemic. Biden asserts that the ban “harms the United States, including by preventing certain family members of United States citizens and lawful permanent residents from…