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…

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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…

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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

Supreme Court Allows Public Charge Rule to Go Into Effect

The USCIS published a public charge rule in the Federal Register on Aug. 14, 2019 (and corrections on Oct. 2, 2019). For a summary, see the USCIS Fact Sheet and our firm’s client alert. Those rules were challenged in federal court.

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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…

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Naturalization and Citizenship 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…

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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…

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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.

Categories
Maintaining LPR Status During Stays Abroad

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?2. 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 Abandonment of Lawful Permanent Resident…

Categories
Communist Party Membership Waivers / Visa Denials

What is Form I-601, Application for Waiver of Grounds of Inadmissibility?

ContentsWhat Does It Mean to Be “Inadmissible”?Who May File Form I-601?What Must You Prove?What Evidence Must You Submit?Is a Legal Brief Helpful?What Is the Filing Fee?Where to File?Processing InformationWhat is the Processing Time?Validity of the Waiver An individual who an immigration officer or consular officer has determined is inadmissible to the United States as an…

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Waivers / Visa Denials

Grounds of Inadmissibility under U.S. Immigration Law

To be issued a visa and admitted to the U.S. at a port of entry, a foreign national must generally not fall within a list of classes of persons who are to be prohibited entry to the U.S. This list is known as the “grounds of inadmissibility.”

Categories
Temporary Visas

U.S. Consulate in Shenyang Consular Section Relocating to Maoye Mall

The U.S. Consulate in Shenyang’s Consular Section is moving to the 5th Floor of Maoye Mall at 185 Qingian Avenue (茂业天地购物中心青年大街185号). That’s near subway line 2 Shitushuguan Stop (市图书馆站). Take Exit B. If you are entering the mall before 10 AM, use the dedicated consular section entrance located to the right of Starbuck’s Coffee. Routine…

Categories
Family Immigration Temporary Visas

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.

Categories
Naturalization and Citizenship

See if You Are Eligible for Expeditious Naturalization

Most applicants for naturalization must first reside in the U.S. as a lawful permanent resident for a continuous period of 5 years. However, that requirement can be waived if you are eligible for expeditious naturalization based on your U.S. citizen spouse’s employment abroad for one of the following types of employers: an American firm or corporation…

Categories
Family Immigration

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.