WR Immigration Director of Visa Consulting Charlie Oppenheim and Joey Barnett provide unique insights on the October EB-5 investor visa outlook. The team also covers the latest updates on the September Visa Bulletin. Watch below!
Chatting with Charlie Webinar: October EB-5 Investor Visa Outlook
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Another Failure by the EB-5 Immigrant Investor Program Office
Obtaining a temporary green card stamp (also known as an ADIT-stamp or a Form I-551) is a legal right for immigrant investors with a denied Form I-829 until an immigration judge enters a final order of removal, and any administrative appeals have been completed. Yet, for no apparent reason, USCIS’ EB-5 Immigrant Investor Program Office has failed to direct local USCIS offices to follow the law, creating severe problems for those waiting the issuance of a Notice to Appear or resolution of removal proceedings. USCIS’ Policy Manual states: An immigrant investor whose Form I-829 has been denied may seek review of the denial in removal proceedings. USCIS issues the immigrant a temporary Form I-551 until an order of removal becomes administratively final. An order of removal is administratively final if the decision is not appealed or, if appealed, when the appeal is dismissed by the Board of Immigration Appeals. (emphasis added). This is consistent with case from the Board of Immigration Appeals (“BIA”) – the highest administrative body for interpreting and applying immigration law – in Matter of Lok, 18 I&N Dec. 101, 105 (BIA 1981), which held that the lawful permanent resident status of a foreign national terminates only with the entry of […]
Webinar: I-9 Process Updates Part Three – End of Year I-9 Clean-up
WR Immigration Attorneys Kimberley Best Robidoux and Josune Aguirre Gamez update HR professionals on the latest best practices for I-9 completion. Topics Covered Include:
