State Department to Enforce Birth Tourism Rules on Pregnant Visitors

Posted January 23, 2020

The State Department, which operates overseas embassies and consulates and the issuance of U.S. visas, has announced that, effective January 24, 2020, consular officers who interview applicants for visitor visas will make a determination whether female applicants that are pregnant are intending to travel to the United States for the primary purpose of giving birth in the country.  If an interviewing officer finds or has “reason to believe” that the visa applicant intends to give birth in the United States, and that that intention is the applicant’s primary reason for travel to the United States, the consular officer will deny the visa.

Enforcement of this rule will, of course, be tricky and likely to lead to higher denial rates for female visitor visa applicants worldwide, whether pregnant or not.  Visitors with B2 visa status are typically granted a six months entry upon inspection.  Female applicants under the age of 50, whether displaying visible signs of pregnancy or not, are likely to be questioned about private health information and may be requested to disclose medical verification of non-pregnancy.

Stay posted for updates to enforcement of this unusual rule.

 

Tagged with: • • •
 

F2A Category Flips to Current

Posted September 10, 2019

In a remarkable and welcome shift, the State Department and USCIS announced recently that the approximately two-and-one-half year Priority Date regression of the F2A family-preference category for spouses and children of permanent residents has advanced to a current Priority Date, as reflected in the final-action tables in the July, August and September 2019 Visa Bulletins.  Spouses and children of lawful permanent residents presently in valid non-immigrant status in the United States may submit concurrent I-130 and I-485 filings for Adjustment of Status.  Spouses and children abroad may apply for Immigrant Visas if they are beneficiaries of an approved I-130 Petition for Alien Relative with Priority Dates prior to the July 1, 2019 advancement.

Don’t delay, as the flood of Adjustment of Status and Immigrant Visa applications is likely to result in Priority Date regression in the upcoming October 2019 Visa Bulletin.

Tagged with: • •
 

The Concept of Dual Citizenship

Posted August 28, 2018

From the U.S. State Department.

The concept of dual citizenship (or dual nationality) means that a person is a citizen of two countries at the same time.  Each country has its own citizenship laws based on its own policy.  Persons may have dual nationality by automatic operation of different laws rather than by choice.  For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.

Generally, the U.S. government has looked with disfavor on U.S. citizens who maintain dual nationality.  In this regard, Congress has an appropriate concern with problems attendant to dual nationality such as allegiance and war-time support.  One who has dual nationality is potentially subject to claims from both nations, claims which at times may be competing and/or conflicting.  However, dual nationals owe allegiance to both the United States and the foreign country.  They are required to obey the laws of both countries.  Either country has the right to enforce its laws, particularly if the person later travels there.

Continue reading »

Tagged with: • •
 

State Department Cuts Off EB-5s for Chinese Investors

Posted August 27, 2014

Demonstrating the complementary international dynamics of China’s surging economic growth and America’s enduring appeal, the State Department has announced that EB-5 investor visas for Chinese nationals are unavailable and will no longer be issued through the 2014 fiscal year, ending September 30.

Get this: Cash capable entrepreneurs from China have obtained north of 80% of all EB-5 immigrant-investor visas issued during the current fiscal year.  10,000 EB-5s are allotted annually worldwide, but the law provides for pour-over of unused visas to countries willing to gobble them up, as China has wontonly demonstrated.

While USCIS approves EB-5 petitions, the State Department, through its embassies and consulates, has authority for final approval and issuance of the visas abroad.  The EB-5 program, despite widespread misgivings as pay-to-play immigration, involves an incremental and heavily scrutinized petition process and is intended to serve as a vehicle for eventual permanent residence in the United States if the investor remains actively engaged and invested in the U.S. enterprise for greater than two years.  Merely ‘showing the money’ won’t get you the visa.  Ten U.S. workers must be employed full-time by the investment enterprise, and the cha-ching amount exceeds $1 million at risk of loss, unless situated in a specially-designated high-unemployment region, where the investment amount is halved to $500,000.  (One wonders whether the Washington, DC area may soon provide low-fruit EB-5 opportunities for the savvy foreign investor.)

Complementing China’s ostensible commitment to American capitalism, South Korea, India and Mexico also heavily utilize the EB-5 program.  Money may not be able to buy happiness, but with a decent business plan and a roll of the dice, it can get you an American visa.  Not until next year for Chinese hopefuls.

 

Tagged with: • • • •