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Category Archives: Immigration Law

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Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Investment, EB-5 Legislation, EB-5 Program, GT Alert, I-526, Immigrant Investor, Immigrant Visa, Immigration, Immigration Law, USCIS, Visa

In the matter of Huashan Zhang, et al. v. United States Citizenship and Immigration Service, et al. (United States District Court for the District of Columbia, Nov. 30, 2018), plaintiffs challenged the decisions of the United States Citizenship and Immigration Service (USCIS) to deny their EB-5 immigrant investor visa petitions based upon USCIS’ erroneous interpretation… Continue Reading

Posted in China, Department of State, EB-5, EB-5 Business Plan, EB-5 Immigrant Investor Program, EB-5 Investment, I-526, Immigrant Investor, Immigrant Visa, Immigration, Immigration Law, USCIS, Vietnamese

At a recent EB-5 industry forum, Mr. Charles Oppenheim, Chief of the Department of State (DOS) Immigrant Visa Control & Reporting Division, provided key insights on what the latest data suggests regarding the future availability of visas in the EB-5 category. Top EB-5 Visa Users in FY2018: China, Vietnam, and India In terms of EB-5… Continue Reading

Posted in Department of Homeland Security, Immigrant Visa, Immigration, Immigration Law, Proposed Rule, USCIS, Visa

USCIS has proposed rules that could deny entry to non-immigrants seeking admission to the United States and adjustment of status to permanent residence to immigrants if they rely on public benefits for food, housing or medical care, and other forms of public assistance. The proposed rule – “Inadmissibility on Public Charge Grounds” – is published in… Continue Reading

Posted in China, Department of State, EB-5, EB-5 Legislation, EB-5 Processing Times, EB-5 Program, Green Cards, I-526, Immigrant Green Card, Immigrant Investor, Immigration, Immigration Law, State Department, USCIS, Vietnamese, Visa

This coming October, USCIS is allowing a number of foreign nationals to apply for adjustment of status earlier than they would otherwise be eligible. Specifically, USCIS has announced that it will allow individuals with immigrant petitions in employment-based categories to apply for adjustment of status based on the cutoff dates in the “Dates for Filing” Chart… Continue Reading

Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Legislation, I-829, Immigrant Investor, Immigrant Visa, Immigration, Immigration Law, Immigration Reform, President Trump's Administration, USCIS, Visa

This is the fifth post in a series that discusses how EB-5 investors and their dependents can maintain eligibility for permanent residence and I-829 Petition approval. This blog focuses on accepting certain public benefits that may make an investor and/or his or her dependents a “public charge.” The Trump Administration has stated that USCIS will start… Continue Reading

Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Legislation, Immigrant Investor, Immigrant Visa, Immigration, Immigration Law, Immigration Reform, President Trump's Administration, Tax Considerations, Visa

This is the fourth post in a series that discusses how EB-5 investors and their dependents can maintain eligibility for permanent residence and I-829 Petition approval. This blog focuses on criminal issues and tax issues. President Trump’s Executive Order, along with a Department of Homeland Security (DHS) implementation memorandum, prioritizes removable aliens who: Have been convicted… Continue Reading

Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Legislation, EB-5 Program, Immigrant Investor, Immigration, Immigration Law, Immigration Reform, President Trump's Administration, U.S. Customs and Border Protections, USCIS

As we previously reported, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum entitled “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens”[1] on June 28, 2018.  This Policy Memorandum was issued in response to President Trump’s Executive Order (EO), “Enhancing Public… Continue Reading

Posted in EB-5, EB-5 Immigrant Investor Program, I-526, Immigrant Investor, Immigrant Visa, Immigration, Immigration Law, President Trump's Administration, USCIS

EB-5 investors should maintain their eligibility for conditional permanent resident status, especially during any period of visa backlog occurring in between the time of I-526 Petition approval and when the investor’s priority date becomes current. This is the second post in a series that discusses how EB-5 investors and their dependents can maintain eligibility for… Continue Reading

Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Legislation, EB-5 Program, Eb-5 Regional Center, I-526, Immigration, Immigration Law, USCIS

On Aug. 24, 2018, U.S. Citizenship and Immigration Services (USCIS) made a significant update to its Policy Manual, Part G: Immigrant Investors. In its Policy Alert, USCIS outlined the changes to the Policy Manual. Notable among the updates was the following: Policy Highlight 5 Explains that USCIS considers a change in regional center affiliation a… Continue Reading

Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Investment, EB-5 Program, Executive Order, Green Cards, Immigrant Visa, Immigration, Immigration Law, President Trump's Administration, USCIS

As we previously reported, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum entitled “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens” on June 28, 2018. This Policy Memorandum was issued in response to President Trump’s Executive Order (EO), “Enhancing Public Safety… Continue Reading

Posted in EB-5, EB-5 Program, Immigration, Immigration Law

The National Law Journal selected the 2018 Trailblazers in Immigration. This year, Greenberg Traurig Immigration & Compliance attorneys Laura Reiff and Kate Kalmykov were recognized on the list for their notable achievements in the practice of law. Kalmykov leads the immigration practice group in the firm’s New York, New Jersey, and Philadelphia offices.  She has… Continue Reading

Posted in E-Visa, Immigrant Visa, Immigration, Immigration Law, Visa, Visa Issuance

As an update to an earlier post, on Aug. 1, the president signed the Knowledgeable Innovators and Worthy Investors Act (KIWI Act) granting E-1 and E-2 status to certain New Zealand nationals under mutual considerations. This will permit citizens of New Zealand to apply for U.S. visas to carry on significant trade with the United States… Continue Reading

Posted in DACA, Department of Homeland Security, Immigration, Immigration Law, Legislation, President Trump's Administration, USCIS

On Sept. 5, 2017, Attorney General (AG) Jeff Sessions announced that the Trump Administration will end the Deferred Action for Childhood Arrivals (DACA).  DACA is a mode of temporary relief given to children (now college-aged or older) who entered the United States without inspection with their parents and allowed them to apply for temporary work… Continue Reading

Posted in Green Cards, Immigrant Green Card, Immigration Law, President Trump's Administration, Uncategorized, USCIS

Today, President Trump joined Senator David Perdue (R-GA) and Senator Tom Cotton (R-AR) announcing the introduction of a bill titled “Reforming American Immigration for a Strong Economy Act,” known also as the “RAISE Act.”  The president praised the work of the senators and in a statement added, “We want a merit-based system. One that protects… Continue Reading

Posted in Executive Order, Immigration Law, Screening Procedures, Visa Issuance

We have prepared a serious of Questions and Answers below addressing some of the most commonly asked questions with regard to this Executive Order (EO). GT will continue to monitor developments and provide up to date information. Q1:         What do the provisions of the EO address? A1:         The provisions of the EO address several issues:… Continue Reading

Posted in Immigration, Immigration Law, Immigration Reform, Legislation

Immigration Policy is broken.  We all agree.  How should we fix it and why haven’t we been able to fix it over the last two decades?   There is a multifaceted answer to this question, but Congress has been unable to agree on how to deal with the policy changes.  We have had numerous attempts and… Continue Reading