USCIS Will Allow More Individuals Who Had “Aged Out” Under Prior Child Status Protection Act (CSPA) Guidelines To Submit Late Green Card Applications
USCIS has issued additional Child Status Protection Act guidance to allow the agency to exercise its discretion to accept an adjustment application and accord CSPA protections to a foreign national even if more than one year has elapsed since their priority date became current under the State Department’s Visa Bulletin Dates for Filing.
On March 8, 2023, China officially acceded to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, also known as the “Apostille Convention”. The Apostille Convention is an international treaty that simplifies the process of authenticating public documents for use in foreign countries.
This month we have seen the VIsa Bulletin make some progress in the EB-5 category even as the adjudications of Form I-526 continue to slow down.
On April 23, 2018, Mr. Charles ("Charlie") Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, spoke at an EB-5 industry conference regarding visa waiting lines for EB-5 investors.ii He indicated that EB-5 visa applicants chargeable to mainland China and Vietnam now face visa backlogs for the foreseeable future, and that EB-5 visa backlogs for nationals of India, Brazil, South Korea, and Taiwan are expected by the summer of 2019.
President Donald J. Trump just concluded a successful bipartisan and bicameral meeting on immigration reform. During the closed-door portion of the meeting, they reached an agreement to negotiate legislation that accomplishes critically needed reforms in four high-priority areas: border security, chain migration, the visa lottery, and the Deferred Action for Childhood Arrivals policy.
The President’s recent executive order on immigration triggered heated debate in the immigration community and throughout the nation, and left many questioning the President’s authority to issue such a sweeping ban on foreign nationals entering the US.
In support of his authority to issue the executive order, the President cites Immigration and Nationality Act (INA) 212(f), which states:
Investing in EB-5 projects has inherent risks, but many immigrant investors may not realize that they have significant power with project sponsors to demand protections from these risks. Due to the recent scandals and fraud issues related to the EB-5 program, investors should be very diligent in assessing the several program’s risks.
The EB-5 industry continues to evolve, but there is little guidance by U.S. Citizenship and Immigration Services (USCIS) officials when it comes to RFEs (Request for Evidence) and NOIDs (Notice of Intent to Deny).
The Immigration Act of 1990 established both the EB-5 visa and the current immigrant classification preference system. The current system places limits on how many and what types of immigrants can receive green cards each year. The current law allows for the issuance of up to 140,000 employment-based immigrants for each fiscal year (October 1 to September 30). INA § 201(d)(1)(A). There are five employment-based categories; among these the EB-5 category has the least number of visas allocated.
EB-3 stands for the third preference category of employment-based U.S. permanent resident status (a.k.a. “green cards”). There are five employment categories (EB-1 to EB-5) and four family based categories.