Increase in terminations of EB-5 Regional Centers

The pace of regional center terminations has increased significantly over the past several years. In 2018, the U.S. Citizenship and Immigration Services (USCIS) terminated 130 regional centers (RC). In 2019, the USCIS terminated more than 100 regional centers. Since the beginning of 2020, the USCIS has terminated 119 regional centers. Those numbers probably include voluntary withdrawals by RC and “involuntary” terminations by USCIS.

USCIS may terminate a RC for a failure to file the annual report or for a failure to continuously promote economic growth, including improved regional productivity, job creation, and increased domestic capital investment.

The most involuntary terminations on account of RCs’ failure to promote economic growth were due to a purported “lack of regional center activity” (including lack of concrete steps to undertake actual projects, failure to advance past the preliminary planning phases, lack of approved I-526 petitions filed by investors). Other reasons for terminations include RC’s failure to engage in proper monitoring and oversight and any evidence of mismanagement, theft, or fraud committed by the RCs or related entities.

If the RC is terminated before an EB-5 investor obtains his conditional green card, the investor may not get his green card. It’s important that the RCs engage in actual and meaningful activities intended to promote economic growth and to comply with EB-5 Program requirements.

Please note that this article does not constitute a legal advice.  If you would like help with applying for EB-5 green card, call our experienced EB-5 immigration lawyer in Phoenix at 480-425-2009 or schedule your consultation online.

Marijuana and Naturalization

On November 30, 2020, Arizona became the 13th state to legalize marijuana, despite the fact that marijuana remains a controlled substance under federal law. The immigration law is clear that a violation of the Controlled Substances Act (CSA) within five years of the naturalization application prohibits applicant from proving the good moral character necessary for the naturalization. An employment at a legal marijuana enterprise gave rise to an admission of a CSA violation.

On April 19, 2019, the USCIS issued its Marijuana Policy clarifying that violation of federal controlled substance law, remains a bar to establishing good moral character for naturalization. The implementation of the USCIS Marijuana Policy can result in other serious immigration consequences, including deportation and a bar from re-entering the US after traveling abroad.

Please note that this article does not constitute a legal advice.  If you would like help with applying for US citizenship, call our experienced immigration lawyer in Phoenix at 480-425-2009 or schedule your consultation online.

DACA Reinstated

On December 4, 2020, a New York court ordered the U.S. Citizenship and Immigration Services (USCIS) to reinstate the Deferred Action for Childhood Arrivals (DACA). Accordinly, effective December 7, 2020, USCIS is accepting first-time requests for DACA based on the terms of the original DACA policy. USCIS is also accepting DACA renewal requests and applications for advance parole. In addition, USCIS is extending one-year grants of deferred action under DACA to two years and extend one-year employment authorization documents under DACA to two years.

USCIS will provide evidence of the one-year extensions of deferred action and employment authorization to individuals who were issued documentation with a one-year validity period. USCIS will comply with the court order, but may challenge it.

Please note that this article does not constitute a legal advice.  If you would like help with DACA or would like to consult how this decision may impact you and your case, call our experienced DACA immigration lawyer in Phoenix at 480-425-2009 or schedule your consultation online.

Marriage green card for French citizen approved

My clients met online. A half a year later, they met in the US and got engaged. Then, a few months later the US fiancée came to my office seeking help with the fiancée visa process. It took 5.5 moths for the petition to be approved and another 3.5 months to have the fiancée’s interview in Paris. She arrived in the US with her fiancée visa 7 weeks later and got married 1.5 months later. A month later, we filed her paperwork for her green card. Since the USCIS office in Phonix was closed due to COVID-19 for 5 months, we waited 17 months for the green card interview. inally, the interivew was scheduled. It was great to see the happy couple and have my client’s green card approved.

Please note that this article does not constitute a legal advice.  If you would like to obtain a marriage-based green card, call our experienced immigration lawyer at 480-425-2009 or schedule your consultation online.

We highly recommend that you hire an immigration lawyer to represent you. Immigration law is one of the most complex fields to navigate on your own and the success of your case has a huge impact on your life.

New Naturalization Civics Test

The USCIS will implement a revised version of the naturalization civics test for applications filed on December 1, 2020 and later. The USCIS will now ask 20 questions out of 128 questions and the applicant needs to answer 12 questions correctly to pass the civics test.

The applicants at age 65 or older who have been lawful permanent residents for at least 20 years will continue to be asked 10 test questions and need to answer 6 questions correctly.

Please note that this article does not constitute a legal advice.  If you are seeking legal representation in your naturalization process, call an experienced immigration attorney at 480-425-2009 or schedule your consultation online.