News and Legal Articles
The Foreign Affairs Manual (“FAM”) provides guidance for visa issuance at U.S. Consulates and Embassies overseas. Under longstanding principles of U.S. immigration law, individuals applying for B-1/B-2 visitor or F-1/J-1/M-1 student or exchange visas must prove that they do not have immigrant intentions when applying for their visas. Such “single-intent” visas can be denied… Read More »
Investment Requirement for an E-2 Visa The E-2 Treaty Investment Visa is the visa of choice for many business owners setting up shop in the U.S. The visa is highly desired as there is no limit to extensions of stay or visa renewals. Unlike the L-1, and H-1B nonimmigrant visas, which have cap of 5-7… Read More »
What is “Automatic Revalidation”? Automatic revalidation is a process allowing simplified re-entry after travel abroad for certain visa holders in the U.S. even if their visa is expired – following brief trips to Canada or Mexico. These individuals may be admitted at a U.S. port-of-entry by Customs and Border Protection (CBP), if they meet… Read More »
On May 23, 2018, The U.S. Citizenship and Immigration Services (USCIS) updated its online policy guidance related to the Child Status Protection Act (CSPA). The USCIS update to the online policy manual consolidates all CSPA guidance in one location, and supersedes prior memos and judicial decisions dealing with the CSPA. Background and Purpose of… Read More »
New NTA Policy Announcement On July 5, 2018, U.S. Citizenship and Immigration Services (USCIS) published two new policy memoranda, dated June 28, 2018, regarding Notices to Appear (NTA). The first Policy Memorandum (PM-602-0050.1) is aimed at cases involving inadmissible and deportable aliens. The second Policy Memorandum, (PM-602-0161) is aimed at DACA recipients. An NTA… Read More »
USCIS announced that as of June 11, 2018, petitioners who file Form I-751 (Petition to Remove Conditions on Residence) or Form I-829 (Petition by Entrepreneur to Remove Conditions on Permanent Resident Status) will receive a Form I-797 Receipt Notice that can be presented with their expired Form I-551, Permanent Resident Card, as evidence of continued lawful… Read More »
New Policy Changes to Calculation of “Unlawful Presence” will Affect F-1, M-1, and J-1 Nonimmigrants.
On May 10, 2018 the U.S. Citizenship and Immigration Services (USCIS) announced that it will redefine how “unlawful presence” may be accrued by foreign students who entered the U.S. on F (student), J (exchange visitor), and M (vocational student) nonimmigrant visas. Calculation of Unlawful Presence “Unlawful presence” occurs when an individual remains present in… Read More »
I-94s, Passport Stamps and Periods of Admission – The Importance of Understanding How Long you can Remain in the U.S.
Question: During a particular visit to the U.S. for work or pleasure, which of the following controls the length of time a Nonimmigrant visitor is permitted to remain in the U.S.: A) The validity of their U.S. Visa; B) The stamp that a U.S. Customs and Border Protection Officer adds to their Passport; C) … Read More »
In an important announcement affecting over 300,000 Asylum Applicants, USCIS will now prioritize adjudicating recently-filed Asylum cases over those already pending. As of January 31, 2018, U.S. Citizenship and Immigration Services (USCIS) will schedule asylum interviews for recent applications ahead of older filings, in an attempt to deal with the growth of the immigration agency’s… Read More »
U.S. Citizenship and Immigration Services (USCIS) Announced on December 15, 2017, that it will begin accepting applications under the International Entrepreneur Rule (IER). As we reported last year, the rule was established to allow certain entrepreneurs and business owners the ability to enter the U.S. to seek investment and grow their business. Regardless of… Read More »