Law & Border Blog

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…

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…

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.

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.

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.

This Guide provides an overview of the requirements and procedures to apply for a U.S. immigrant visa.

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…

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.

It’s tricky for a U.S.-China dual national child to depart China. The child must present to the immigration inspector in the China airport both (a) a travel document issued by the Chinese government and (b) a document authorizing their entry to the U.S. The most obvious strategy won’t work. The child cannot present their China…

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…

ContentsIntroductionWhat Is an Apostille?How Will Foreign Apostilles be Accepted in ChinaHow Will Apostilles Be Issued in Mainland 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 known as the “Hague Apostille Convention.” The Apostille Convention will officially go into effect in…

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…

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…

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…

This article summarizes the U.S. government's visa sanctions targeting specific Chinese individuals, companies, and institutions.

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:

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…

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.

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…

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…

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…

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…

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…

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…

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.

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 included separation due to military service, imprisonment, or travel restrictions; or when a couple…

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…

Are you considering applying for expeditious naturalization as 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? Chodorow Law Offices can help:

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…

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…

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…

Persons seeking to enter the U.S. by air as nonimmigrants are required to show proof of being fully vaccinated against COVID-19.

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?

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…

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…

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…

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…

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;…

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…

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…

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…

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…

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…

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…

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…

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)…

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…

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…

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…

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…

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…

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.

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…

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…

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.…

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.

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.

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…

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…

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…

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…

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…

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…

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…

“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…

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…

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…

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,…

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…

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…

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…

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…

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,…

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 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 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…

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…

On Feb. 22, USCIS announced it is rolling back Trump-era changes to the civics test for naturalization applicants. The purpose of the civics test is for a naturalization applicant to demonstrate knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States. As background, on…

This Guide summarizes the requirements and procedures to apply to U.S. Citizenship and Immigration Services (USCIS) for naturalization. Naturalization is the manner in which a person not born in the U.S. voluntarily applies for citizenship.

The Immigration and Nationality Act provides that a foreign national who is likely at any time in the future to become a “public charge” is inadmissible. The public charge ground of inadmissibility has existed in some form since at least 1882. The underlying public policy is that, generally, foreign nationals in the U.S. should rely…

On January 25, 2021, President Biden signed a proclamation continuing the suspension of entry of certain travelers from the Schengen Area, the United Kingdom, the Republic of Ireland, Brazil, China, and Iran, and expanding restrictions to include travelers from South Africa. U.S. citizens and lawful permanent residents are not subject to the proclamations. The full…

On Jan. 20, his first day in office, President Biden issued a Presidential Proclamation revoking the travel ban on Muslim-majority countries first put into place by President Trump in 2017. Biden’s proclamation orders the State Department to resume visa processing and to put into place a plan for (a) adjudicating visa applications by persons who…

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 StatusForm I-131, Application for Travel Document (including reentry permit)Form N-400,…

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…

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.

If a consular officer denies a visa application, there is no appeal. Still, there may be several ways to challenge a visa denial, such as requesting reconsideration, supervisorial review, or an advisory opinion, or resubmitting the application. If a visa denial cannot be overcome, it may be possible to request a "waiver." A waiver is…

Both U.S. citizens and lawful permanent residents (also known as LPRs or green card holders) can petition for family members to immigrate.

On Dec. 2, the State Department issued new restrictions on B1/B2 (visitor for business or leisure) visas for members of the Chinese Communist Party (CCP) and their families. While other Chinese citizens may obtain multiple-entry visas valid for entry within 10 years, under a 2014 reciprocal agreement between Presidents Obama and Xi Jinping, CCP members…

One of the advantages of expeditious naturalization under section 319(b) of the Immigration and Nationality Act is that an applicant can choose the USCIS office where their interview will be held. (For background information about expeditious naturalization under section 319(b), see here). Poll: Please use the comments section below to explain your reasons for which…

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” 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.

What are the consequences for immigration law of Joe Biden’s election as the 46th president of the United States? The Trump administration’s legacy will have been to reduce legal immigration by up to 49% – without any change to the Immigration and Nationality Act but instead through hundreds of regulatory and sub-regulatory actions. The administration has strived,…

During the Trump administration, immigration lawyers have become accustomed to “shock by memo,” meaning backdoor rules announced by government memo with no prior notice, typically on a Friday afternoon, which leave us scrambling to help clients understand how the new rules may apply to applications filed months or years ago under a different memo.[1] On…

A child may automatically acquire dual citizenship in China and another country at birth. For example, a child born in China to a Chinese parent and a U.S. citizen parent may acquire both nationalities. Similarly, a child born in the U.S. to a U.S. citizen parent and a Chinese parent who has not settled in the…

On Aug. 31 the State Department announced that consular posts may give high priority to K-1 (fiancée) visas: Effective August 28, as it becomes safe to resume more consular operations at each U.S. mission, posts are authorized to give K visa cases high priority.  Applicants should check the website of their nearest U.S. Embassy or Consulate…