Categories
Naturalization and Citizenship Waivers / Visa Denials

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…

Categories
COVID-19

Apr. 24 Update: USCIS Suspends In-Person Services Until at Least June 4

On Apr. 24, USCIS announced that USCIS offices are preparing to reopen “on or after June 4”: On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is readying offices to reopen on…

Categories
COVID-19 Employment-Based Immigration Family Immigration

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…

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COVID-19 Uncategorized

Trump Tweets of Plan to “Suspend Immigration”

Apr. 23 Update: President Trump just issued the executive order suspending immigration he tweeted about. See Trump Suspends Entry of Immigrants Who Are “Risk” to Labor Market. So President Trump has announced on Twitter that he intends to issue an Executive Order that will “suspend immigration” in light of how COVID-19 has devastated the economy:…

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COVID-19 Employment-Based Immigration Family Immigration

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.…

Categories
Maintaining LPR Status During Stays Abroad

Keeping Your Permanent Resident Status: Best Practices for Avoiding Abandonment

LPR status can be lost by making a trip abroad that’s not “temporary.” Learn best practices for keeping your green card and what to do if problems arise.

Categories
COVID-19

COVID-19 and the Public Charge Rule

Here are key points on COVID-19 and the public charge rule: 1. Will getting tested, treatment or preventative care for COVID-19 impact my client’s immigration application under the public charge rule? On March 13, the U.S. Citizenship and Immigration Services (USCIS) announced that the agency will not consider “testing, treatment, nor preventative care (including vaccines,…

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COVID-19 Maintaining LPR Status During Stays Abroad

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…

Categories
COVID-19

Emergency Visa Appointments for Medical Professionals

On Mar. 26, 2020, the U.S. State Department announced: We encourage medical professionals with an approved U.S. non-immigrant or immigrant visa petition (I-129, I-140, or similar) or a certificate of eligibility in an approved exchange visitor program (DS-2019), particularly those working to treat or mitigate the effects of COVID-19, to review the website of their…

Categories
COVID-19

China: Temporary Suspension of Entry by Foreign Nationals Holding Valid Visas

China’s Ministry of Foreign Affairs has announced: Ministry of Foreign Affairs of the People’s Republic of China National Immigration Administration Announcement on the Temporary Suspension of Entry by Foreign Nationals Holding Valid Chinese Visas or Residence Permits March 26, 2020 In view of the rapid spread of COVID-19 across the world, China has decided to…

Categories
COVID-19

U.S. State Department Compiles Country-Specific Information on COVID-19

In response to the concerns brought on by the spread of COVID-19, commonly referred to as the Coronavirus, certain U.S. consular posts have begun alerting applicants of reduced or temporarily suspended visa services. In an attempt to keep stakeholders apprised, the Department of State has compiled a list of embassy websites for country-specific information concerning…

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…

Categories
COVID-19

Regular U.S. Visa Services in China Suspended Due to the Coronavirus Outbreak; Emergency Appointments Available

The U.S. Mission in China states on its website that: Regular visa services at the U.S Embassy in Beijing and the U.S. Consulates General in Chengdu, Guangzhou, Shanghai and Shenyang are suspended. Due to the ongoing situation relating to the novel coronavirus, the U.S. Embassy and Consulates have very limited staffing and may be unable…

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COVID-19 Uncategorized

Feb. 4 Update: Trump Bans Entry of Noncitizens Present in China During Prior 2 Weeks

President Trump has issued a Jan. 31 proclamation barring entry to the U.S. of noncitizens present in China during the two weeks prior to attempting to enter the U.S. CBP has issued a Feb. 4 Notification of Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled from or Were Otherwise Present Within the…

Categories
Family Immigration

I-130s No Longer Accepted by USCIS International Offices

USCIS will no longer accept and adjudicate Forms I-130, Petitions for Alien Relatives, at its international field offices.[1] The announcement was made Jan. 31 and effective the following day. This follows a period beginning Mar. 2019 when USCIS began to close most of its international offices. Still, the Trump administration should be graded “F” for failure…

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Uncategorized

IRS Departing Alien Clearance (Sailing Permit)

ContentsWho Does Not Need a Certificate of Compliance?Who Needs a Certificate of Compliance?When To Get a Certificate of ComplianceVery Few Noncitizens Apply for Certificates of Compliance Filing Annual U.S. Income Tax ReturnsWhat does a Certificate of Compliance Look Like? Before departing the U.S., certain noncitizens must obtain from IRS a certificate of compliance. This document…

Categories
Naturalization and Citizenship Temporary Visas Waivers / Visa Denials

“Birth Tourism” Restricted by New State Department Rule

The State Department has published a Jan. 24 rule taking aim at birth tourism. The rule prohibits issuance of a B-2 (visitor for pleasure) visa if the applicant’s primary purpose for traveling to the U.S. is to gain citizenship for a child by giving birth in the U.S. The new rule will not prohibit pregnant…

Categories
COVID-19 Waivers / Visa Denials

U.S. Airports to Screen Wuhan Flights for Coronavirus

The CDC has announced: The Centers for Disease Control and Prevention (CDC) and the Department of Homeland Security’s Customs and Border Protection (CBP) will implement enhanced health screenings to detect ill travelers traveling to the United States on direct or connecting flights from Wuhan, China. This activity is in response to an outbreak in China…

Categories
Naturalization and Citizenship

FAQ: Expeditious Naturalization for Spouses of U.S. Citizens Employed Abroad

This FAQ gives quick answers to common questions about expeditious naturalization under section 319(b) for spouses of U.S. citizens employed abroad. For more detailed information, see Expeditious Naturalization under Section 319(b) for Spouses of U.S. Citizens Employed Abroad.

Categories
Employment-Based Immigration

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.