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Immigrant Visas

Friday, September 28, 2018

USCIS to Begin Implementing New PM on NTAs on October 1, 2018


On September 26, 2018, USCIS issued an update that they will begin implementing their June 28th Policy Memorandum (PM) 602-0050.1 pertaining to the referral of cases and issuance of Notices to Appear (NTAs) in cases involving “inadmissible and removable” individuals.  For more information about this new Policy Memorandum, please see our previous blog entry on this subject.
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Friday, August 17, 2018

How to Get A Provisional Unlawful Presence Waiver

Under current law, many immigrants are required to travel abroad and apply for an immigrant visa from their home country before they can return and become lawful permanent residents of the U.S.  Immigrants in the United States illegally, however, may be barred from returning to the United States for either three years or ten years under Section 212(a)(9)(B) of the Immigration and Nationality Act.  

To avoid this bar, these foreign nationals must obtain a waiver of their unlawful presence when applying for an immigrant visa.  Seeking a waiver can lead to a Catch-22, however—leaving the U.S. in order to return as a lawful resident only to be barred from returning.  One way to avoid this dilemma is to obtain a Provisional Unlawful Presence Waiver.


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Tuesday, July 24, 2018

USCIS Updates Standards for Issuance of Requests for Evidence and Notices of Intent to Deny Petitions

On July 13, 2018, the USCIS posted a Policy Memorandum (PM), PM-602-0163 providing guidance to all USCIS employees regarding their discretion to deny an application, petition, or request without initially issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) when required original evidence on record failed to establish eligibility or was not submitted as requested.  The new PM is effective September 11, 2018 and applies to all applications, petitions, and requests apart from Deferred Action for Childhood Arrivals (DACA) adjudications received after that date.

 


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Monday, May 14, 2018

USCIS Implementing More Secure Mail Delivery Service


USCIS has announced that it will begin to use U.S. Postal Service’s (USPS) Signature Confirmation Restricted Delivery service to mail Green Cards and other secure documents starting April 30, 2018.
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Tuesday, December 12, 2017

Types of Legal Entry into the United States

Foreign nationals may legally enter the United States by obtaining a visa. There are two types of visas, the immigrant visa and the non-immigrant visa. Immigrant visas allow aliens to enter and reside in the U.S. for the long term. Non-immigrant visas are issued for limited periods of time and for specific purposes, such as tourism, business, study, temporary work or medical treatment.


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Wednesday, September 20, 2017

Differences Between Immigrant and Non-Immigrant Visas

A U.S. visa is an authorization, typically in form of a stamp inside a passport, which demonstrates that a U.S. consular official has determined that the traveler is eligible to enter the U.S. for the purposes stated in the visa. The United States issues two classes of visas, an Immigrant Visa and a Non-Immigrant Visa.


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Thursday, September 14, 2017

Department Of State Issues Notice of Registration for the 2019 Diversity Immigrant Visa Program

The U.S. Department of State (DOS) has issued a notice providing information on how to apply for the 2019 Diversity Immigrant Visa Program, under which 50,000 diversity visas will be available. The notice includes information on eligibility, entry period, completing the electronic entry form, selection of applicants, photo requirements, and Frequently Asked Questions (FAQ).


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Thursday, September 14, 2017

USCIS Is Now Denying Pending Forms I-131 for Abandonment Due to International Travel

In the past, U.S. Citizenship and Immigration Services (USCIS) has approved advance parole renewal applications for individuals who travel abroad during the pendency of the application with a valid Advance Parole document or a valid H, K, L, or V visa. 


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Thursday, February 2, 2017

U.S. Department of State Provisionally Revokes all Valid Immigrant and Nonimmigrant Visas for Nationals of Countries Affected by Recent Executive Order


Following the Executive Order signed on Friday, January 27, 2017 titled, “Protecting the Nation from Foreign Terrorist Entry into the United States”, the United States Department of State has announced that it has provisionally revoked all valid nonimmigrant and immigrant visas of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen with the exception of the following nonimmigrant visa classifications: A-1, A-2, G-1, G-2, G-3, G-4, NATO, C-2, or certain diplomatic visas, or any visa exempted on the basis of a determination made by the Secretaries of State and Homeland Security pursuant to section 3(g) of the Executive order on a case-by-case basis and when in the national interest.

The full text of the revocation directive can be found at http://www.politico.
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Monday, January 30, 2017

President Trump Signs Executive Order on Friday, January 27, 2017 Instituting a Travel Ban for Nationals of Certain Countries


On Friday, January 27, 2017, President Donald Trump signed an Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into the United States”. This Executive Order had the effect of banning nationals of Iraq, Syria, Sudan, Iran, Somalia, Libya, or Yemen from entering the United States for a period of at least 90 days (potentially longer). This travel ban includes foreign nationals who have dual citizenship with one of the listed countries as well as another foreign country not on the list. U.S.
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Monday, October 10, 2016

2018 Diversity Visa Lottery Immigrant Visa Program Accepting Applications from Tuesday October 4, 2016 through Monday November 7, 2016


Each year, the United States Department of State administers a Diversity Lottery Immigrant Visa Program, a random lottery which awards approximately 50,000 immigrant visas ("diversity visas") to foreign nationals who meet the simple but strict eligibility requirements and are immigrating from countries with historically low rates of immigration to the United States.

Online registration for this year's lottery, the 2018 Diversity Visa Program (DV-2018), began on Tuesday, October 4, 2016 and will conclude on Monday, November 7, 2016. In order to apply, applicants must submit electronic applications during this registration period using the


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