What is an I-864 Affidavit of Support?

A USCIS Form I-864 Affidavit of Support is required for many immigrant visa categories in order to show that the sponsoring petitioner (“Sponsor”) and/or immigrant has adequate means of financial support.

The I-864 is a contract between the Sponsor and the U.S. Government. By providing financial documentation showing that they have enough income or assets and in order to financially provide for the intending immigrant(s). 

The following immigrants are required to submit a Form I-864 completed by the Sponsor in order to qualify for an immigrant visa at a U.S. Embassy or Consulate abroad:

• All immediate relatives of U.S. citizens (spouses, parents, children under the age of 21);
• All family-based preference immigrants (unmarried sons and daughters of U.S. citizens 21 years and above, spouses and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, brothers and sisters of U.S. citizens);
• Certain employment-based preference immigrants.

For more information or questions on filing an I-864 Affidavit of Support, contact us today and speak with one of our experienced U.S. immigration attorneys. 

ENTERLINE & PARTNERS CONSULTING
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Enterline and Partners Affiliate Office Successful in Expedited Processing for Same-Sex Couple at US Consulate in HK

We recently posted on Taiwan’s new same-sex marriage law and its limitations.

In a related case, we recently assisted an U.S. citizen and his same-sex spouse, who were married in the U.S. but living in Asia, in an expedited filing (I-130) directly with the U.S. consulate in Hong Kong. See our article about this process here. The expedited filing was accepted primarily based on a job transfer back to the U.S. After the filing was accepted, the U.S. citizen interviewed and his petition was approved in two days. The spouse then completed visa processing and received his visa (CR-1) three days after interviewing. The whole process from filing to approval took 5 weeks, as compared to 12-18 months for the normal process. 

For clients in Taiwan, or anywhere else in Asia, in similar situations – be it a job transfer or medical emergency – we are confident that we can replicate results for expedited processing if the appropriate documentation is available. If expedited processing is for some reason not an option, we can also assist in filing the required paperwork with USCIS in the United States. This, of course, takes longer. 

If you are interested in more information on our services, please contact us at info@enterlinepartners.com or +8493-330-14-88 and arrange to speak with one of our experienced U.S. immigration consultants or attorneys.

ENTERLINE & PARTNERS CONSULTING

Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
Email: info@enterlinepartners.com
Website: http://enterlinepartners.com

August Visa Bulletin - Vietnam Final Action Date Retrogresses

As expected, the Final Action Date for Vietnamese EB-5 investors has retrogressed to match that of mainland-born Chinese. The U.S. Department of State Visa Bulletin for August 2019 now indicates that EB-5 visa applicants from China, Vietnam, and India will be subject to the same Final Action Date of October 15, 2014. 

This is a result of both Vietnamese and Indian EB-5 investors having used up their respective share of the approximately 700 EB-5 visas (the ~7% per country cap) in fiscal year 2019. At this point, any EB-5 visas unused at the end of fiscal year 2019 will be given to Chinese investors waiting in line as of October 15, 2014. 

It is expected that Vietnam and India will remain subject to the same Final Action Date as China in the September 2019 Visa Bulletin. 

Some positive news for Vietnamese and Indian investors; the Final Action Date for those two countries should advance in October 2019 at the start of the new U.S. fiscal year when all countries begin to receive new EB-5 visas allocated for fiscal year 2020.

If you have questions about the EB-5 immigrant investor visa or how visas are calculated, please contact us at

ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
Email: info@enterlinepartners.com
Website: http://enterlinepartners.com

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.

What is a Form I-130?

A Form I-130 is a Petition for Alien Relative filed through the United States Citizenship and Immigration Services (USCIS). The form can be filed by either a U.S. citizen or Lawful Permanent Resident (green card holder) which establishes that a valid family relationship exists. It is the first step in helping immediate relatives immigrate to the United States. U.S. citizens over the age of 21 are allowed to file an I-130 for the following immediate foreign relatives:

1. Spouse
2. Parents
3. Children
4. Brothers and Sisters

A green card holder over the age of 21 may file a Form I-130 for the following immediate foreign relatives:

1. Spouse
2. Children

When the U.S. citizen or green card holder petitioner files a Form I-130, they must include a $535 filing fee which is payable to the U.S. Department of Homeland Security. Depending on the category the family category that the immediate foreign relatives fall under, one filing fee may be sufficient to include multiple foreign immediate relatives while in other categories, separate filing fees are required for each foreign immediate relative. 

In addition to the signed Form I-130 and accompanying filing fees, supplemental information is also required. This includes passport size photos of the petitioner and immediate relative, copy of U.S. passport or green card of the petitioner, and other documentation needed to establish a family relationship. For more information on filing a Form I-130, contact us today. 

by: Enterline and Partners Consulting

Homeland Security Proposes To Define "Public Charge" For Immigration Purposes

     The U.S. Department of Homeland Security (DHS) recently announced that it will define the term “public charge” for immigration purposes.

     Currently, interviewing consular officers at U.S. Embassies and Consulates are authorized to refuse a visa if it is in their opinion that they are likely to become a public charge. Under the proposed rule, “public charge” will be defined as a person who receives certain government benefits. Benefits to be included in the proposed rule include cash assistance, Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), Medicaid (with limited exceptions) Supplemental Nutrition Assistance Program (SNAP, or food stamps), and iSection 8 Public Housing.

     However, receipt of benefits under certain circumstances will be not held against an alien seeking to immigrate to the United States. For example, vulnerable individuals such as asylees and refugees cannot be held inadmissible on the ground of public charge. Likewise, public benefits received by aliens serving in active duty or in the Ready Reserve component of the U.S. Armed forces and their spouse and children will not be considered in the determination of whether said alien will be a public charge. Finally, receipt of some public benefits by an alien’s U.S. citizen children or the children and adoptive children of U.S. citizens will also not affect their immigration applications.

     The proposed rule aims to promote immigrant self-sufficiency and to ensure that immigrants will likely not be a burden on American taxpayers. It will publish in the Federal Register in the coming weeks. Once published, the public will be allowed 60-day to comment.



by: Enterline and Partners Consulting

October Visa Bulletin EB-5 Visa Category Now “Unauthorized” for Visa Issuance

Last week, U.S. Department of State – Bureau of Consular Affairs published the October Visa Bulletin. The EB-5 Regional Center category has been listed as “U” meaning unauthorized for issuance. This is because the Immigrant Investor Program (aka Regional Center Program) is set to expire on September 30, 2018.

The final action dates for the EB-5 regional center category has been listed as unavailable as a result of the upcoming “sunset date” of September 30, 2018 for the Immigrant Investor Program When there is legislative action reauthorizing the EB-5 Program all final action dates would immediately become “Current” for all countries except those countries with high demand. 

The Immigrant Investor Program has been a temporary program since it was first enacted by Congress in 1993. Since 2015, it has been temporarily extended many times. While there is no guarantee that it will be extend this time, there is an expectation that it will continue to be extended and available for EB-5 investors choosing to invest in projects sponsored by regional centers.

October Visa Bulletin

by: Enterline and Partners Consulting

Clarification on STEM OPT Extension Reporting Responsibilities and Training Obligations

Designed by Pressfoto / Freepik

     

     The United States Citizenship and Immigration Services (USCIS) announced clarification for F-1 visa students completing degrees in science, technology, engineering and mathematics (STEM) participating in an Optional Practical Training Extension (OPT).

     In a document dated August 17, 2018 posted on the USCIS website, the Department of Homeland Security (DHS) clarified that participants of the OPT for STEM may engage in a training experience that takes place at a site other than the employer’s principal place of business as long all of the training obligations are met, including the existence and maintenance of a bona fide employer-employee relationship between the employer and the student. 

     DHS will review whether there is a bona fide employer-employee relationship between the STEM OPT student and the employer signing the Training Plan for STEM OPT Students (Form I-983). They will also verify that the employer that signs the Training Plan is the same entity that: (1) employs the STEM OPT student and (2) provides the practical training experience. As per USCIS, to establish a bona fide employer-employee relationship, the employer that signs the Training Plan must not be the STEM OPT student’s “employer” in name only. A bona fide employer-employee relationship also excludes the student working for the employer on a “volunteer” basis.

     USCIS clarification on STEM OPT comes after an earlier update where announced that STEM OPT students were prohibited from engaging in OPT at third-party locations, such as the place of business or worksite of the employer’s clients or customers. The prohibition was made due to the U.S. Immigration and Customs Enforcement’s (ICE) lack of authority to visit said third party locations.

     The recent announcement also clarified reporting responsibilities for STEM OPT students and participating employers which must be submitted to a STEM students’ Designated School Official (DSO) by submitting a modified Training Plan at the earliest available opportunity.  Employers must also report to the DSO a STEM OPT student’s termination of employment or departure within five (5) business days. On the other hand, STEM OPT students must report changes to the following information to the DSO within ten (10) business days of the change:

• His or her legal name

• His or her residential or mailing address

• His or her email address

• His or her employer’s name

• His or her employer’s address. 

    If there have been no changes to the information listed above, the STEM OPT student must still confirm the said information to the DSO every six (6) months. 

     Prompt reporting of the material changes ensures that DHS can exercise effective oversight of the STEM OPT program. 

by: Enterline and Partners Consulting

U.S. Department of State Vietnam Visa Approvals for May and June 2018

U.S. Consulate in Ho Chi Minh City

     The U.S. Department of State (“DOS”) has published a list of visa issuances for both immigrant and nonimmigrant visas for the months of May and June 2018. 

     There were 1,643 immigrant visas issued for Vietnamese nationals in May. Eighty-four were IR-1 visas and 187 were CR-1 visas. The IR-1 visa and the CR-1 visa are issued to foreign spouses of U.S. citizens. IR-1 visas are issued to those who have been married to a U.S. citizen for more than two years while CR-1 visas are issued to foreigners who have been married to a U.S. citizen for less than two years. 

     There were no EB-5 visas issued in Vietnam. 

     A total of 14,633 nonimmigrant visas were issued to Vietnamese nationals in May. Of that number, 12,080 were B-1/B-2 visas. A B-1/B-2 visa is issued to those visiting the U.S. for temporary business and/ or pleasure. There were 1,113 visas issued to Vietnamese students aspiring to study in the United States. This included 1,110 F-1 visas for academic and language students, 3 M-1 visas for vocational students, and 125 J-1 visas for exchange visitors such as exchange students, au pairs, professionals, scholars, and teachers. 

     The majority of the visas issued from Vietnam were issued by the consulate in Ho Chi Minh City. For May, the consulate in Ho Chi Minh issued 1,601 immigrant visas and 10,136 nonimmigrant visas while only 6 immigrant visas and 3,796 nonimmigrant visas were issued from Hanoi.

     The number of immigrant visas approved for Vietnamese nationals slightly decreased to 1,602 in June. There was, however, an increase in the number of IR-1 (103) and CR-1 (238) visas approved. 

     On the other hand, June showed a slight increase in the number of nonimmigrant visa approvals for Vietnamese nationals bringing the total to 14,945. Majority of the visas issued were from the B-1/B2 category (10,430 visas). The number of academic visas (F, M, and J) increased nearly 173% because of the upcoming U.S. academic year. Specifically, 3,147 F-1 visas, 8 M-1 visas, and 228 J-1 visas were issued to Vietnamese students. 

     Most of the June issued visas from were also issued by the consulate in Ho Chi Minh. The consulate in Ho Chi Minh issued 1,566 immigrant visas and 10,309 nonimmigrant visas. The consulate in Hanoi issued 8 nonimmigrant visas and 3,942 nonimmigrant visas. 

     These numbers only show the approvals and does not in any way show a trend since data on the number of applicants per month and the number of rejections is not available to the public.

by: Enterline and Partners Consulting

Changes in the Accrual of Unlawful Status for foreign students in the United States

Designed by Freepik

      On May 11, 2018, U.S. Citizenship and Immigration Services (USCIS) proposed changes in the calculation of unlawful presence for students currently studying in the United States on an F-1, J-1 and M-1 visa. The proposed changes are a result of President Donald Trump’s Executive Order: Enhancing Public Safety in the Interior of the United States and is set to take effect on August 9, 2018. 

      The changes will fix specific times when foreign students in the U.S. in F, J and M visa status start to accrue unlawful presence. 

      Under the policy memorandum, unlawful presence will be calculated as follows:

1. Individuals in F, J, and M status who failed to maintain their status before Aug. 9, 2018, will start accruing unlawful presence on that date based on that failure, unless they had already started accruing unlawful presence, on the earliest of any of the following:
   
   
   1. The day after DHS denied the request for an immigration benefit, if DHS made a formal finding that the individual violated his or her nonimmigrant status while adjudicating a request for another immigration benefit;
   2. The day after their I-94 expired; or
   3. The day after an immigration judge or in certain cases, the Board of Immigration Appeals (BIA), ordered them excluded, deported, or removed (whether or not the decision is appealed).


2. Individuals in F, J, or M status who fail to maintain their status on or after Aug. 9, 2018, will start accruing unlawful presence on the earliest of any of the following:
   
   
   1. The day after they no longer pursue the course of study or the authorized activity, or the day after they engage in an unauthorized activity;
   2. The day after completing the course of study or program, including any authorized practical training plus any authorized grace period;
   3. The day after the I-94 expires; or
   4. The day after an immigration judge, or in certain cases, the BIA, orders them excluded, deported, or removed (whether or not the decision is appealed).

      The amount of time of unlawful presence of an F-1 visa holder also carries with it different penalties. Foreign students who have accrued more than 180 days of unlawful presence during a single stay, and then depart, may be subject to three-year or 10-year bar to admission, depending on how much unlawful presence they accrued before they departed the United States. Foreign students who have accrued a total period of more than one year of unlawful presence, whether in a single stay or during multiple stays in the United States, and who then reenter or attempt to reenter the United States without being admitted or paroled are permanently inadmissible.

      Those foreign students studying in the U.S. or hoping to study in the U.S. must take extra care to leave the U.S. as soon as their valid status ends to avoid the accrual of unlawful presence.


by: Enterline and Partners Consulting