Welcome back to Visalawyerblog! The Department of State recently released the visa bulletin for July 2021 outlining the availability of immigrant visa numbers for the upcoming month.
Remember to stay on the lookout for the next “Chats with Charlie” on the DOS YouTube Channel, a monthly series recently launched with the State Department and Charlie Oppenheim to discuss Visa Bulletin projections.
NOTE: Adjustment of Status Filing Charts July 2021
For Family-Sponsored Filings:
Per USCIS, applicants falling within the F2A category, may use the Final Action Dates Chart in the Department of State Visa Bulletin for July 2021. While there is a cutoff date on the Dates for Filing chart, the category is “current” on the Final Action Dates chart, allowing F2A applicants to rely on it.
We kick off the start of a brand-new week with some important information for immigrant and nonimmigrant visa applicants residing in regions currently affected by the four geographic Presidential Proclamations still in place, for non-citizens in the Schengen countries, the United Kingdom, China, Iran, Brazil, South Africa, and India.
The Presidential Proclamations, collectively known as the COVID-19 Geographic Proclamations are as follows:
Presidential Proclamation 10143 (Schengen Area, United Kingdom, Ireland, Brazil and South Africa)
Presidential Proclamation 9984 (China)
Presidential Proclamation 9992 (Iran)
Presidential Proclamation 10199 (India)
*The Schengen countries include Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.
The COVID-19 Proclamations were issued early on during the pandemic to help contain the rapid spread of the Coronavirus in the United States, by limiting the entry to the United States, of non-citizen travelers who were physically present in any of the impacted regions during the 14-day period, prior to their planned entry or attempted entry to the United States.
To comply with these Proclamations, U.S. Embassies and Consulates worldwide have been unable to issue nonimmigrant and immigrant visas to those who have been physically present in any of the above mentioned 33 covered countries. But all of that has recently changed thanks to new National Interest Exception designations made by the Secretary of State for certain types of travelers.
Welcome back to Visalawyerblog! In this blog post we share with you the latest immigration news from the United States Citizenship and Immigration Services (USCIS).
New USCIS Policies to Improve the Immigration System
We bring you some exciting news regarding new policies adopted by USCIS that have been designed to remove the barriers to immigration and help improve the current immigration system. The following are among the new changes being implemented by USCIS:
Expedited Processing
Under a newly updated expedite criteria policy, USCIS has now expanded the types of expedite criteria or circumstances under which the adjudication of a benefit request can be expedited, including where a request is made by a nonprofit organization whose request is in the furtherance of cultural and social interests of the United States.
According to the new change:
USCIS may consider an expedite request if it meets one or more of the following criteria or circumstance:
Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
Timely file the benefit request , or
Timely respond to any requests for additional evidence;
Emergencies and urgent humanitarian reasons;
Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural and social interests of the United States;
U.S. government interests (such as urgent cases for federal agencies such as the U.S. Department of Defense, U.S. Department of Labor, DHS, or other public safety or national security interests); or
On June 4th, 2021, the interim guidance memorandum (“The Memo”) was publicly released. The reason the memo sent many, like me, into a frenzy was because of the million people currently in immigration court limbo who have just had their lives transformed by these thirteen pages.
This memo is proof the Biden Administration has set a new tone towards immigration. The memo beautifully states, “the government wins when justice is done,” reminding OPLA attorneys they should remain mindful that “immigration enforcement obligations do not consist only initiating and conduction prompt proceedings that lead to removals at any cost.” The memo provides internal direction to OPLA attorney’s regarding the following: 1. Removal Priority Cases, 2. Prosecutorial Discretion, 3. Ability to cancel NTAs, 4. Authority to Administrative closure or Continuance of Proceedings, and 5. Authority to Terminate Proceedings.
(It is important to note this memorandum was released For Official Use Only by the Department of Homeland Security. You should seek the advice and counsel of an attorney to review your case specifically.)
REMOVAL PRIORITY CASES
It is directed that OPLA attorneys prioritize agency resources in the following priority categories:
A. Noncitizens who engaged in or suspect to engage in terrorism or whose apprehension is otherwise necessary to protect the national security of the United States.
B. Noncitizens who were apprehended at the border or port of entry, while attempting to enter unlawfully into the United States after November 1, 2020.
C. Noncitizens convicted of an “aggravated felony” or convicted of an offense related to a criminal street gangand determined to pose a threat to public safety.
The memo also provides a non-exclusive list of civil immigration enforcement and removal decisions where the agency should identify any opportunities of a non-citizens process to ensure just fair and legally appropriate outcomes.
We are excited to share with you some new updates regarding the immigrant visa backlog.
On May 25, 2021, the U.S. Department of State: Bureau of Consular Affairs, hosted a live YouTube Question and Answer session with Neal Vermillion, Division Chief at the U.S. Visa Office of the Bureau of Consular Affairs, where he discussed how Consular sections have been prioritizing cases during the phased resumption of visa services, and information about the status of the current immigrant visa backlog worldwide.
Neal Vermillion works directly with the Office of Field Operations, which is a government agency that provides guidance to Consular sections including Embassies and Consulates around the world. He has worked with the Department of State since the early 2000’s in various roles and has invaluable expertise on visa operations at Consular sections around the globe.
In this post, we will share with you the highlights of this session which you may find useful to determine the progress of your visa and what you can expect with regard to visa processing in the coming months.
DOS Q&A Session with Neal Vermillion: Immigrant Visa Backlog Q&A
Neal’s Introductory Remarks
I would first like to say a few remarks before we get to that question and the other specific ones. In terms of the history, here we are almost June 2021. Those of you that follow our immigrant visa processing overseas know, we actually shut down due to the pandemic. Visa processing shut down for several months last year at this time, and we really didn’t start the reopening process until July of last year. This is one significant factor that is leading to this backlog discussion that we are having today.
Another point I want to highlight that is another prong of why we are where we are is, you may recall, last spring as well, then President Trump signed Presidential Proclamation 10014, which President Biden rescinded in late February of this year, but that Proclamation prevented the issuance, even when we were open and our Consular sections were processing some visas, that prevented the issuance and travel of many many different types of immigrant visas.
A third prong as we’re talking about Presidential Proclamations, is … some of you may be aware, there are actually still in effect geographic Proclamations, as we call them, which basically are again Presidential Proclamations that have been issued to help protect the homeland, protect health and security.
On behalf of our Law Office, we would like to wish you a safe and Happy Memorial Day as you spend it with your loved ones. We would like to extend a thank you to our service men and women and their families this memorial day weekend. Please check back tomorrow for continued updates on the latest news in the world of immigration.
In this blog post, we share with our readers some exciting new updates and information on travel to the United States for Americans who have found themselves stranded abroad with expired U.S. passports.
On May 24, 2021, the Department of State issued a press release informing members of the public that U.S. Citizens currently overseas whose passports expired on or after January 1, 2020, may be able to use their expired U.S. passports to make direct return travel to the United States, provided they meet a certain set of criteria. This policy will be in effect until December 31, 2021.
What criteria do I need to meet to use my expired passport for direct travel to the United States from overseas?
If you are overseas and your passport expired on or after January 1, 2020, you may be able to use your expired passport to return directly to the United States until December 31, 2021.
You qualify for this exception if all the following are true:
You are a U.S. citizen.
You are currently abroad seeking direct return to the United States.
You are flying directly to the United States, a United States territory, or have only short-term transit (“connecting flights”) through a foreign country on your direct return to the United States or to a United States Territory.
Your expired passport was originally valid for 10 years. Or, if you were 15 years of age or younger when the passport was issued, your expired passport was valid for 5 years.
Welcome back to Visalawyerblog! The Department of State recently released the visa bulletin for June 2021 outlining the availability of immigrant visa numbers for the upcoming month.
Don’t forget to tune in to the next “Chats with Charlie” on the DOS YouTube Channel on May 24, 2021, at 10:00 am (PT) 1:00 pm (ET) to discuss the June Visa Bulletin. Questions about the June 2021 Visa Bulletin can be emailed to VisaBulletin@state.gov ahead of the event with “Chat with Charlie Question” in the subject line.
NOTE: Adjustment of Status Filing Charts June 2021
For Family-Sponsored Filings:
Per USCIS, applicants falling within the F2A category, may use the Final Action Dates Chart in the Department of State Visa Bulletin for June 2021. While there is a cutoff date on the Dates for Filing chart, the category is “current” on the Final Action Dates chart, allowing F2A applicants to rely on it.
Welcome back to Visalawerblog! It is another exciting week in the world of immigration. In this blog post, we talk about a new Presidential Proclamation signed on May 14, 2021, by President Biden entitled, “A Proclamation on Revoking Proclamation 9945,” designed to revoke a previously issued Trump era proclamation.
Proclamation 9945
As our readers may recall, back on October 4, 2019, then President Donald Trump passed Proclamation 9945, with the goal of suspending the entry of immigrants found to be a financial burden on the United States health care system. Proclamation 9945 went into effect on November 3, 2019, and required immigrant visa applicants to show to the satisfaction of a Consular officer, that either:
In this blog post, we share with you some new biometrics updates recently announced by the United States Citizenship and Immigration Services (USCIS).
Biometrics Submissions Waived for Certain I-539 Applicants
Beginning May 17, 2021, USCIS will be temporarily suspending the biometrics submission requirement for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, who are requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status.
Starting on Monday next week, for these applicants only, USCIS will rely on biographical information and related background checks, without requiring applicants to provide fingerprints and a photograph. This new discretionary policy will be in effect until May 17, 2023, until it is extended or revoked by the USCIS director.
Who will not be required to submit to biometrics submission?
Pursuant to this new announcement, the temporary biometrics suspension will apply to applicants filing Form I-539 requesting the following:
Extension of stay in or change of status to H-4 nonimmigrant status;
Extension of stay in or change of status to L-2 nonimmigrant status;
Extension of stay in or change of status to E-1 nonimmigrant status;
Extension of stay in or change of status to E-2 nonimmigrant status (including E-2C (E-2 CNMI Investor)); or
Extension of stay in or change of status to E-3 nonimmigrant status (including those selecting E-3D).
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