Can I apply for a U.S. Visa in a Country Where I am not a Citizen or Where I Don’t Live?

Even if you are not a citizen of a particular country but you reside in that country, it is still possible to apply for a U.S. visa in your country of residence. Likewise, if you are a citizen of a country but you don’t live in that country, you may still be able to apply for a U.S. visa in that country. Suppose for example you are a Vietnamese citizen who is living and working in Singapore. Instead of flying back to Vietnam and apply for a U.S. visa at the U.S. Consulate in Ho Chi Minh City or the U.S. Embassy in Hanoi, you may nonetheless apply for your U.S. visa in Singapore. If however, if you live in Vietnam, have Vietnamese citizenship but you also obtained citizenship through investment in St. Lucia or the Commonwealth of Dominica, you may be able to apply for your U.S. visa either in Vietnam or at the U.S. Consulate in Barbados which has jurisdiction over St. Lucia and Dominica. 

While most U.S. Embassies and Consulates allow those to attend visa interviews the country where they reside (citizens and non-citizens of the country), some Embassies and Consulates may restrict U.S. visa interviews to only those who reside in the country 

For more information on applying for a U.S. visa in a country where you are not a resident or a citizen, contact us today at info@enterlinepartners.com and speak with an experienced U.S. immigration attorney.

ENTERLINE & PARTNERS CONSULTING

🏢 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.

📞 0933 301 488

📧 info@enterlinepartners.com

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Trump Proposes New Immigration Reform Plan

In the latest attempt to overall the U.S. immigration system, U.S. President Donald Trump has launched a new proposal aimed at forging a compromise between Congressional Democrats and Republicans in Washington. The proposal, which was drafted by the senior advisor and presidential son-in-law. Jared Kushner contains two major ideas:

1. A border security bill that would focus in part on modernizing ports of entry to ensure that all people, vehicles, and packages are scanned;
2. Proposals that would create a merit-based system giving preference to those who possess job skills over those who already have relatives in the country.

The plan does not address temporary visa categories such as H-1B’s for skilled workers would allow the same number of workers to enter into the country but their composition would change. 

The proposal is the latest effort by the Trump Administration in a decade's long attempt to revamp U.S. immigration laws. While the President has frequently criticized the immigration system claiming that foreign workers have depressed American workers, the President has also acknowledged that the country needs more workers due to economic gains and has stated that educated foreign workers, especially those who graduate from American educational institutions should be able to stay and work. 

Although greeted warmly by Republican lawmakers, Democrats have already alerted that they will challenge the proposal. 

Enterline and Partners will continue to provide updates on U.S. immigration reform as they become available.

U.S. Federal Court Issues Injunction Against Uscis On Unlawful Presence For F M And J Visa Holders

Earlier this month, a U.S. Federal Court judge issued an injunction against the United States Citizenship and Immigration Services (USCIS) blocking an August 9, 2018 policy memorandum on accrual of unlawful presence of F, M and J nonimmigrant visa holders. You can read more about the policy memorandum at:

http://blog.enterlinepartners.com/2018/08/final-guidelines-on-unlawful-presence-for-students-and-exchange-visitors.html

In October 2018, several U.S. higher educational institutions sued the U.S. Department of Homeland Security (the department that oversees USCIS) arguing that the new policy memo providing guidance to determine unlawful presence was unlawful. The lawsuit contained the following allegations:

1. The policy memo was issued without going through the required regulatory process;
2. The policy change was arbitrary and capricious;
3. The policy change conflict with the 1996 Immigration and Nationality Act which created the concept of unlawful presence;
4. The policy change violated the right to Due-Process under the 5th Amendment of the United States Constitution.

As a result of the judge’s ruling, USCIS is enjoined from enforcing the August 2018 policy memorandum and must follow the previous rules promulgated in 1996 which entails that unlawful presence commences the day after a decision is made.

How do I know if a lawyer is really a lawyer and what is AILA?

U.S. attorneys are members of at least one U.S. bar association. Most bar associations have public listings of their member lawyers in good standing and these members can be publicly searched. For David Enterline, you can go to this website and search for his last name “Enterline” - https://ams.okbar.org/eweb/startpage.aspx?site=FALWEB For Ryan Barshop, you can go to this website https://iapps.courts.state.ny.us/attorney/AttorneySearch and search his last name. 

Both Mr. Enterline and Mr. Barshop are members of AILA. AILA is the American Immigration Lawyers Association, the national association of immigration lawyers. AILA was established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members. There are more than 15,000 U.S. lawyers who are members of AILA. You can read all about AILA at https://www.aila.org/

How can we help you? Please contact us at info@enterlinepartners.com or David Enterline {yin da wei} at david@enterlinepartners.com or Ryan Barshop at ryan@enterlinepartners.com.

Must a Grenadian citizen that is applying for an E-2 Treaty Trader visa have a residence in Grenada?

There is no law or regulation that requires an E-2 Treaty Trader visa applicant to have “residence” in the country of citizenship. We have represented many E-2 investors who do not live or maintain a residence or a resident address in the qualifying treaty country. 

At the time of this writing this post, the concept of requiring a “residence” is being applied by the U.S. Consulate – Barbados, which has jurisdiction over Grenada. The U.S. Consulate in Barbados has taken the position that an E-2 applicant should be able to show a “nexus” to Grenada, such as in the form of having visited Grenada at least one time, having an address in Grenada, and having a Grenadian resident identification card. This is not a legal requirement under U.S. immigration law but a policy initiated by the U.S. Consulate. 

The only requirement to qualify for the E-2 visa is that the applicant is a “national” of the treaty country. This is one reason why we would not have a client conduct his or her E-2 visa interview in Barbados, but instead, in another country such as China or Vietnam. 

Note that in order to be able to interview at another U.S. Consulate outside that which has jurisdiction over the country of nationality, the applicant is usually required to have some non-temporary presence in that country, such as being a student, having work authorization or, of course, citizenship. “Consular Shopping”, which is the act of applying at a U.S. Consulate for convenience, is possible but usually discouraged and the U.S. Consulate has the discretion whether to accept an applicant or require him or her to return to the U.S. Consulate that has jurisdiction over the country of nationality. 

If you would like more information on obtaining Grenadian citizenship or on the E-2 Treaty Trader Visa, contact us at: 

ENTERLINE & PARTNERS CONSULTING

Add: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.

Tel: 0933 301 488

Mail: info@enterlinepartners.com

Web: http://enterlinepartners.com

Latest EB-5 Wait Times and Visa Bulletin Projections

Charles Oppenheim, Chief of the U.S. Department of State (DOS) Visa Control and Reporting Division provided important updates at the Invest in the USA (IIUSA) 2019 EB-5 Advocacy Conference. The annual event was held in Washington, D.C. on May 6, 2019. 

As noted by Oppenheim, EB-5 visas remain in very high demand by investors from Mainland China, Vietnam, and India. As a result of the continued demand, Oppenheim noted the following projections based on a “worst case scenario” for new investors who file a Form I-526 on May 6, 2019:

Country of Chargeability	Estimated Wait Time
Mainland China	16.5 years
India	8.4 years
Vietnam	7.6 years
Republic of China (Taiwan)	2 years
Brazil	1.6 years
Rest of the World	No foreseeable quota backlog

Oppenheim further offered the following predictions for the remainder of 2019 fiscal year and into the 2020 fiscal year:

Mainland China: The July 2019 visa bulletin is expected to advance to October 1, 2014. This date is not likely to increase unless the rest of the world demand decreases significantly. Beginning in October, which is the start of the 2020 fiscal year, the best case scenario for Mainland China would be October 15, 2014 final action date and the worst case scenario would be October 8, 2014 final action date.

Vietnam: The July 2019 visa bulletin is expected to advance to October 1, 2016 after which Vietnam will hit its annual limit and will revert to Mainland China’s date. In October, Vietnam’s best case scenario is December 15, 2016 while the worst case scenario would be a November 22, 2016 final action date.

India: Oppenhiem predicted that India will likely hit its annual limit by late June or early July. It is also possible that the July visa bulletin will list a final action date of 2017 or equal to China’s final action date.

South Korea, Taiwan and Brazil: No backlogs predicted in 2019 fiscal year. Expected to be current in October.

For more information on EB-5, contact us today and speak with David Enterline, a highly experienced U.S. EB-5 lawyer.

Announcement: Participants of Large Scale U.S. Marriage Fraud Scheme Indicted

A U.S. federal grand jury in Houston, Texas issued a 206 count indictment involving a massive marriage fraud scheme on April 30, 2019.

According to U.S. Immigration and Customs Enforcement (ICE), a total of 96 individuals were involved in a suspected criminal enterprise designed to create sham marriages between individuals in Texas and Vietnam. The scheme allegedly led by Ashley Yen Nguyen, also known as Duyen of Houston purported the following:

• Duyen received $50,000- $70,000 from Vietnamese individuals marrying U.S. citizens.
• Agreements were prorated with suspects paying an additional amount for each immigration benefit received.
• Duyen and other suspects allegedly recruited U.S. citizens to engage in sham marriages as petitioners who received a portion of the proceeds from Vietnamese spouses. 

“Marriage fraud is a serious crime,” commented USCIS Houston District Director Tony Bryson. “The indictment reveals how successful our relationships are with our law enforcement and intelligence partners when it comes to investigating marriage fraud.” 

Director Byson continued noting that people enter into sham marriages to work around U.S. immigration laws.

Announcement: U.S. State Department Enacts New Rules on Nonimmigrant Visa Waiver Requests

As of May 6, 2019, the U.S. Department of State’s (DOS) new rules went into effect concerning consular officers recommending a waiver if a nonimmigrant visa applicant is ineligible under Section 212(d)(3)(A)(i) of the Immigration and Nationality Act (INA). Under the new rule, consular officers will be required to refer waiver requests under limited circumstances. The purpose of the new rule is to increase transparency for inadmissible applicants in which waiver requests will only be considered if it involves a key State interest. State interests are defined below:

1. Foreign Relations: Refusal of the nonimmigrant visa would become a bilateral distraction or be raised by a foreign government with a high ranking U.S. government official.


2. National Security: The nonimmigrant visa applicant’s admission to the U.S. would advance a U.S. national security issue.


3. Law Enforcement: The nonimmigrant visa applicant’s admission to the U.S. would advance an important U.S. law enforcement objective. 


4. Significant Public Interest: The nonimmigrant visa applicant’s admission to the U.S. would advance a significant U.S. public interest.


5. Urgent Humanitarian or Medical Reasons: The nonimmigrant visa applicant’s admission to the U.S. is warranted due to urgent humanitarian or medical reasons.

For more information on how the new rules would affect nonimmigrant visa applicants who are ineligible to travel to the United States based on Section 212(d)(3)(A)(i) of the INA, contact us today and speak with one of our experienced U.S. immigration lawyers.

Extending Your American Visa. Is it Possible?

American visa validity depends on a person’s nationality. For example, Vietnamese citizens are given a maximum of a one-year multiple-entry visa. Other neighboring countries such as the Philippines and Thailand are eligible for a maximum of 10 years multiple-entry visas while Cambodian citizens receive up to three-months double entry validity. 

The expiration date that appears on an American visa is the date that the person must enter the United States. Upon entry, an officer with the U.S. Customs and Border Protection (CBP) will stamp the traveler’s passport indicating the day that the traveler must depart the United States. However, once inside the U.S., a person can extend their stay even if their American visa has already expired depending on the visa that they used to enter the United States. This can be done by filing an I-539, Application to Extend/ Change Nonimmigrant Status with the United States Citizenship and Immigration Service (USCIS). Once filed and if approved, a person can remain in the United States for a longer period of time. 

If you are planning on traveling to the United States and planning on staying for a longer period of time, it is strongly recommended to consult with an American immigration lawyer who can advise on the risks and benefits of filing for an extension with USCIS.

EB-5 Modernization Regulation Pending Review At The Office Of Management And Budget

On April 8, 2019, USCIS Director L. Francis Cissna sent a letter to Senator Grassley (R-IA) and Senator Leahy (D-VT) regarding the EB-5 Immigrant Investor Program Modernization Rule (RIN 1615-AC07). Among other things, Director Cissna indicated in the letter that “DHS is dedicated to ensuring expeditious implementation of the rule, if and when it is finalized” and noted that DHS is considering other regulatory actions related to the EB-5 program, including seeking to propose regulations that may include changes to the process for initially designating entities as regional centers, a requirement for regional centers to utilize an exemplary filing process, continued participation requirements for maintaining regional center designation, and changes to the process for terminating regional center designations.

The final rule, first proposed on January 13, 2017, is still pending regulatory review at the Office of Management and Budget. The most significant proposed change for intending EB-5 investors is an increase of the minimum investment amount in a Targeted Employment Area from the current minimum investment of US$500,000 raise to US$1.35 million. We emphasize, as Director Cissna noted in his letter, there is no way to tell “if and when” the rule might be published and come into effect.

What medical conditions would cause you to be denied an immigrant visa?

Part 1 - a communicable disease of public health significance

This is a common question we are asked. This Part 1 of a series discusses what medical conditions might cause a person to be denied an immigrant visa.

The United States Immigration and Naturalization Act (the “Act”), Section 212(a)(1) prescribes two classes of conditions which would render a person ineligible for an immigrant visa and inadmissible to the United States. Class A conditions are: (i) a communicable disease of public health significance; (ii) failure to present documentation of having received required vaccinations; (iii) having a present or past physical or mental disorder or disability serious enough that might result in harmful behavior; and (iv) drug abuse or addiction. 

For communicable diseases of public health significance, there are several medical conditions which are specifically listed as grounds for ineligibility. These are Hansen’s disease (infectious leprosy), infectious syphilis and active Tuberculosis. If an intending immigrant has one of these conditions, he or she is probably ineligible to immigrate to the United States. Moreover, there are certain diseases which may be added from time to time by Presidential Executive Order, the Director of the Center for Disease Control, and diseases of public health emergency and identified by the World Health Organization. These can arise when a disease reaches such a level as to be of concern to the health and safety of the United States.

Many people believe that if an immigrant has HIV (Human Immunodeficiency Virus), the virus that causes AIDS, then they will also be ineligible. In the past, HIV was a Class A disease, but this was removed from the list in 2009. 

If you think you may have a medical condition which might cause you to be ineligible for an immigrant visa to the United States, then contact us at Enterline and Partners. Maybe we can help.

ENTERLINE & PARTNERS CONSULTING

🏢 3F, IBC building, 1A Cong Truong Me Linh Street, District 1, Ho Chi Minh City

📞 0933 301 488

📧 info@enterlinepartners.com

🌎 http://enterlinepartners.com

What are some of the questions that the consular officer might ask during a tourist visa interview?

While the consular officer has the authority to ask a very broad range of questions, here is a list of 20 possible questions that may come up.

1. Why are you traveling to the U.S.?
2. Do you have any relatives in the U.S.?
3. Have you ever applied for a U.S. visa before?
4. How long do you intend on staying in the U.S. for?
5. What is your current job?
6. How long have you been in your current job for?
7. Do you have any immediate relatives in the U.S.?
8. Do you have any children?
9. How much is your annual income?
10. What are your travel dates?
11. Have you booked your tickets?
12. What is the guarantee that you will depart the United States and not overstay?
13. Are there any specific things that you plan on doing while in the U.S.?
14. Who is paying for your trip?
15. Can you provide the name, address and telephone number of your contact inside the U.S.?
16. Do you have any plans of eventually living and working permanently in the U.S.?
17. How will be you getting around the U.S.?
18. After your trip, do you plan on traveling to other countries or straight home?
19. Have you ever been refused a visa to any country?
20. Do you have medical insurance in the event you get sick while in the U.S.?