Blogs

In June we reported that the Biden administration had announced a parole-in-place program to help unite families.  This new initiative aimed to benefit those married to a U.S. Citizen who had entered without admission or parole and had continuously resided in the U.S. for at least 10 years as of June 17, 2024. Although precise...

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Ever since USCIS revoked its 2010 policy memorandum for determining the employer/employee relationship, I strongly believe that sponsoring your own H-1B visa is possible. However, many have been reluctant to attempt this, and for good reasons. For a long time, USCIS required petitioners to meet multiple criteria to demonstrate the existence of an employer/employee relationship,...

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In private fund formation, fund managers face a critical decision: whether to structure their fund as a traditional blind pool fund or a deal-by-deal fund. Each structure offers distinct benefits and challenges, catering to different issuers, investors, and strategies. Understanding the key characteristics, advantages, and disadvantages is crucial for fund managers to select the vehicle...

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 Since the passage of the EB-5 Reform and Integrity Act in March 2022, EB-5 investors are allowed to file Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently with Form I-526 or I-526E, provided a visa would be immediately available to them upon petition approval. This means that if the investor’s priority date...

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Upon approval of Form I-526 or I-526E, EB-5 investors are granted a conditional green card that is valid for two years. To transition from a conditional green card to a permanent green card, investors must go through the removal of conditions phase, which involves filing Form I-829.   Adjudication Process  Form I-829, Petition by Investor to...

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On June 17, the Biden administration unveiled a new initiative allowing certain spouses of U.S. citizens to apply for “parole-in-place” through the Department of Homeland Security (DHS).  Although marriage to a US Citizen allows a foreign national to obtain a green card, those without a legal entry are forced to leave the U.S. and return...

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Separate filing fees required for I-765 and I-131 when filing I-485 after April 1, 2024. It’s been 3 months since the United States Citizenship and Immigration Services (USCIS) implemented significant fee increase, including the fee for the Form I-485, Application to Register Permanent Residence or Adjust Status. Previously.  The previous fee for Form I-485 was...

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Consular Processing versus Adjustment of Status for Spouses For many foreign nationals married to U.S. citizens (USC) or lawful permanent residents (LPR), the ultimate goal is to obtain permanent residency in the United States. However, the process of achieving this status can vary significantly depending on whether the individual pursues Consular Processing or Adjustment of...

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