Visa Lawyer Blog

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Source: Flickr Creative Commons License, Gage Skidmore

In this blog post, we bring you some long-awaited news. In a much-anticipated move, the Biden administration decided on Wednesday, February 24, 2021, to immediately revoke Presidential Proclamation 10014, a controversial order passed under former President Donald Trump that halted the issuance of most U.S. visas at Consulates and Embassies worldwide.

Our office has known since early January that the Biden administration was planning to revoke this Proclamation, and yesterday the rumors were finally put to rest.

Presidential Proclamation 10014 is no more.

What was Presidential Proclamation 10014 about?

P.P. 10014 essentially imposed a 60-day ban on the issuance of visas for most immigrant and nonimmigrant visa categories. The Proclamation began on April 23, 2020 and was set to continue by President Trump until March 31, 2020.

P.P. 10014 proved to be exceedingly harmful given the wide variety of immigrants to which it applied.

Specifically, the order halted the issuance of U.S. visas for the following classes of immigrants at U.S. Consulates and Embassies worldwide as of the date of the proclamation (April 23, 2020):

  • Spouses and children of green card holders (US citizens were not affected) applying at the consulate
  • Parents of US citizens applying at the consulate
  • Brothers and sisters of US citizens applying at the consulate
  • Sons and daughters (meaning over 21 years old) of US citizens applying at the consulate (children under 21 years old of US citizens were not affected)
  • Sons and daughters (meaning over 21 years old) of green card holders applying at the consulate
  • EB1A extraordinary abilities and their family applying at the consulate
  • PERM EB3, PERM EB2, NIW employment based and their family applying at the consulate
  • EB4 religious workers immigrants applying at the consulate
  • H1B and H4 dependents applying at the consulate
  • L1 and L2 applying at the consulate
  • J1 applying at the consulate  

Individuals residing in the United States and those who had a valid visa or travel document to enter the United States, on or before the date of the proclamation, were not impacted.

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Our readers and clients have eagerly been asking why the United States Citizenship and Immigration Services (USCIS) has reported extremely long processing times on their webpage. Others are concerned about when their field offices will reopen and reschedule their interviews. In this post we hope to provide some clarification regarding these very important issues.

Long Processing Times

As some of you may know as a result of the pandemic, USCIS has experienced a significant loss of revenue that has left the agency with no choice but to begin the process of furloughing much needed employees. The agency is no longer able to meet current workloads and has been taking drastic measures to try to cope with the current situation. CIS has requested $1.2 billion in aid from Congress to help keep the agency afloat. Among other things, CIS plans to increase filing fees this summer, and implement additional surcharges on all applications. The agency’s funding crisis has unfortunately resulted in very long processing times for those with pending applications. As many of you have noticed, the processing times listed on the CIS website vary widely depending on the service center processing the application or petition, and the relationship between the applicant and petitioner (for family-based petitions).

What accounts for the different processing times?

First, processing times vary depending on the service center that is processing your application or petition. Each service center has been specifically designated to handle specific types of immigration benefits. The type of center that will process your case depends on a number of different factors including: the type of immigration benefit you are requesting, your immigration category, and also your state of residency.

Since some types of immigration benefits are in great demand, such as permanent residency, service centers handling these types of applications generally have a heavier workload than others. Unfortunately, this means that processing times for service centers with heavier workloads will be longer than others. USCIS has tried to balance the workload by transferring some petitions to other service centers that do not have such a heavy workload. These efforts have been made to try to speed up the adjudication process.

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We have very exciting news for our readers. Yesterday, May 27th the United States Citizenship and Immigration Services (USCIS) confirmed that it is preparing to reopen some domestic offices and resume services to the public on or after June 4th.

As you know, on March 18th USCIS made the difficult decision to suspend in-person services at its field offices, asylum offices, and application support centers (ASCs) nationwide to reduce the spread of the Coronavirus. While offices were closed, USCIS continued to provide emergency in-person services.

From the agency’s announcement it is clear that not all domestic offices will reopen to the public by June 4, but we know that at least some will begin to reopen to provide relief to those that have been waiting to attend their interviews or biometrics appointments.

USCIS will be following all state mandated precautions including reducing the number of appointments and interviews scheduled for the day, enforcing social distancing, cleaning and sanitizing facilities, and reducing waiting room occupancy. Members of the public will be required to wear masks covering their nose and mouth. Sanitizer will be provided to the public.

USCIS urges those who are feeling sick to stay home and schedule their appointments once they are feeling better. As a reminder, there is no penalty for rescheduling your appointment if you are sick.

We expect that USCIS will be scheduling far less appointments than usual to reduce the number of people in the facility at any one time. That means that appointment times will be spaced out and there will be a slight delay to reschedule everyone who has been waiting for an appointment. Please be patient and wait to receive a new appointment notice in the mail.

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In light of the global Coronavirus pandemic, on March 11, 2020, the President signed a presidential proclamation suspending and limiting the entry of immigrants and nonimmigrants who were physically present within the Schengen Area (most EU states) during the 14-day period preceding their entry or attempted entry into the United States, effective 11:59 eastern time Friday, March 13, 2020.

The proclamation will remain in effect until terminated by the President at his discretion based on recommendations by the Secretary of Health and Human Services.

The proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 eastern time on March 13, 2020.

Who is exempted from the Proclamation?

The proclamation will not apply to the following categories of people:

  • lawful permanent resident of the United States;
  • any alien who is the spouse of a U.S. citizen or lawful permanent resident;
  • any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;
  • any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
  • any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
  • any alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
  • any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the United States as air or sea crew;

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