Visa Lawyer Blog

Articles Posted in COVID 19

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Exciting news for fully vaccinated travelers from Mexico and Canada! The United States Customs and Border Protection (CBP) recently published a notice in the Federal Register announcing that the United States will be lifting travel restrictions on nonessential travel for Canadian and Mexican nationals who have been fully vaccinated for COVID-19 (as defined by the Centers for Disease Control and Prevention) so that they may enter the United States at land ports of entry along the United States/Canada and United States/Mexico border.

Further, Secretary of Homeland Security Alejandro Mayorkas has said that the new measures have been made to align “with the new international air travel system that will be implemented in November.” According to Mayorkas the United States, “will begin allowing travelers from Mexico and Canada who are fully vaccinated for COVID-19 to enter the United States for non-essential purposes, including to visit friends and family or for tourism, via land and ferry border crossings.” This will be a significant step in reopening the economy as “cross-border travel creates significant economic activity in [U.S.] border communities and benefits our broader economy.”

These new measures will occur in two phases over the next few months.  First, in November, U.S. Customs and Border Protection (CBP) will begin allowing fully vaccinated travelers from Mexico or Canada to enter the United States at land and ferry ports of entry for non-essential reasons. Travelers will be required to have appropriate paperwork that provides proof of vaccination. Individuals who have not been fully vaccinated for COVID-19 will not be allowed to travel for non-essential purposes from Canada and Mexico into the United States via land and ferry ports of entry.

Second, beginning in early January 2022, DHS will require that all inbound foreign national travelers crossing U.S. land or ferry ports of entry – whether for essential or non-essential reasons – be fully vaccinated for COVID-19 and provide related proof of vaccination. This approach will provide ample time for essential travelers such as truckers, students, and healthcare workers to get vaccinated.

When will travel restrictions be lifted for vaccinated nonessential travelers?

The travel restrictions on nonessential travel for fully vaccinated Canadian and Mexican nationals will be lifted on November 8, 2021 – the same date that the relaxation will apply to fully vaccinated air travelers. Travelers crossing U.S. borders with Canada and Mexico for non-essential reasons will be required to present proof of vaccination to a Customs and Border Protection officer upon request. More details will be released by U.S. Customs and Border Protection in the coming weeks.

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Welcome back to Visalawyerblog! We have very exciting news regarding the Biden administration’s plans to rescind the Covid-19 related travel bans that have suspended and restricted entry into the United States, of immigrants and nonimmigrants, physically present within the Schengen Area, Brazil, China, India, the United Kingdom, Ireland, South Africa, and Iran since 2020.

On October 15, 2021, the White House announced that the United States will allow international travelers who are fully vaccinated against Covid-19 to enter the United States by land or air starting November 8, 2021.

This decision will lift the ban for vaccinated visitors from the affected regions.

On Friday October 15, 2021, a White House Official stated that the “CDC has already informed airlines that all FDA approved and authorized vaccines, as well as all vaccines that have an Emergency Use Listing (EUL) from the World Health Organization (WHO) will be accepted for air travel. We anticipate the same will be true at the land border. These travelers are required to be prepared to attest to vaccination status and to present proof of vaccination to a CBP officer upon request. By January, foreign nationals traveling across the land border for both essential and non-essential reasons will be required to be fully vaccinated.”

While the White House is still ironing out the complete details of the new policy including what exemptions the Biden administrations will grant to the vaccine requirements, we know that only generally applicants who are fully vaccinated against Covid-19 will be allowed to enter.

The CDC considers an individual to be fully vaccinated against COVID-19:

  • 2 weeks after their second dose in a 2-dose series, such as the Pfizer-BioNTech or Moderna vaccines, or
  • 2 weeks after a single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine

COVID-19 vaccines currently approved or authorized for emergency use by the U.S. Food and Drug Administration include Pfizer-BioNTech, Moderna, and Johnson & Johnson COVID-19 vaccines, while COVID-19 vaccines authorized for use by the World Health Organization include AstraZeneca/Oxford, Covishield, Sinopharm, and Sinovac.

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Welcome back to Visalawyerblog! In this blog post, we will cover the release of the November Visa Bulletin 2021 and what you can expect for employment based and family preference categories during the month of November 2021.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

If you would like to follow along on each month’s progress for the Visa Bulletin please be on the lookout for the “Chats with Charlie” series on the DOS YouTube Channel. 

Chats with Charlie is a monthly series recently launched by the State Department where Charlie Oppenheim, Chief of the Immigrant Visa Control & Reporting Division of the U.S. Department of State, answers your frequently asked questions regarding each month’s Visa Bulletin. Questions can be emailed to VisaBulletin@state.gov ahead of the event with “Chat with Charlie Question” in the subject line.

Adjustment of Status Filings for those lawfully residing in the United States

In general, if USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, the agency will provide instructions on the www.uscis.gov/visabulletininfo webpage that applicants may use the Dates for Filing chart. Otherwise, USCIS will indicate that applicants must use the Final Action Dates chart to determine when they may file their adjustment of status application with USCIS. If a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.

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We have very interesting and exciting news to report to our readers. We are happy to report that on Tuesday, October 5, 2021, a federal judge from the United States District Court for the District of Columbia, declared that the State Department cannot use the various geographic COVID-19 related Presidential Proclamations to cease the processing of visas at Embassies and Consulates worldwide.

As our readers will know, beginning in January of 2020, to protect against the rise of COVID-19 infections in the United States, the President issued a series of Presidential Proclamations that suspended and restricted entry into the United States, of immigrants and nonimmigrants, who were physically present within the Schengen Area, Brazil, China, the United Kingdom, Ireland, and Iran, during the 14-day period preceding their entry or attempted entry into the United States.

These Presidential Proclamations did not have a termination date and have continued to be in force to the present day. The most widely discussed ban (the Schengen visa ban “Proclamation 9993,”) applied to immigrants and nonimmigrants from 26 European countries including: 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. However separate visa bans have also impacted the entry of Brazilian nationals, Chinese nationals, Iranian nationals, and Indian nationals (see the list of COVID-19 travel bans listed below.)

Since the issuance of these travel bans, U.S. Consulates and Embassies worldwide have refused to issue any visas to those who do not otherwise qualify for an exemption and have been physically present in any of the affected regions during the 14-day period preceding their entry into the United States. The only way applicants have succeeded in pushing their cases forward has been by requesting a National Interest Exception from their respective Embassy.

The COVID-19 related travel bans are as follows:

  • China Visa Ban – Proclamation 9984 issued January 21, 2020 – No termination date
  • Iran Visa Ban –Proclamation 9992 issued February 29, 2020 –No termination date
  • European Schengen Area Visa Ban—Proclamation 9993 issued March 11, 2020—No termination date
  • Ireland and UK Visa Ban –Proclamation 9996 issued March 14, 2020 –No termination date
  • India Visa Ban –Proclamation 10199 issued April 30, 2021—No termination date
  • Brazil Visa Ban—Proclamation 10041 issued May 25, 2020 –No termination date

For a complete list of COVID-19 country-specific proclamations click here.

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We kick off the start of a brand-new week with some important new updates regarding the new COVID-19 vaccination requirement for all immigrant visa applicants, fiancé(e) visa applicants, and nonimmigrant visa applicants. We also share with you some new information regarding Croatia’s designation as a country participating in the Visa Waiver Program. When can Croatians start to apply for ESTA? Find out here!

COVID-19 Vaccine Requirements for Immigrant Visa Applicants Overseas

The Department of State has issued a brand-new press release informing the public that effective October 1, 2021, the Centers for Disease Control and Prevention (CDC) Technical Instructions for panel physicians, will now require all immigrant visa applicants, all K fiancé(e) visa applicants, and nonimmigrant visa applicants who are referred to the panel physicians to receive a full COVID-19 vaccine series (1 or 2 doses depending on formulation) as part of their medical exam prior to being issued a visa.  The CDC is requiring the COVID-19 vaccine to be approved through either the World Health Organization (WHO) or the U.S. Food and Drug Administration (FDA).

Blanket waivers for the COVID vaccination will be applied in countries where the vaccine is not routinely available or when the vaccine is not age appropriate.  The Department of State is encouraging all immigrant visa applicants and others subject to a medical exam to get vaccinated against COVID-19 as soon as possible to avoid delays in their visa processing. If any of the below mentioned circumstances apply a blanket waiver may be available to you.

Circumstances in which Blanket Waivers are available for COVID-19 vaccinations:

  • Where it is not age-appropriate to receive the vaccination
    For COVID-19 vaccines, the age for which a particular vaccine can be administered differs by formulation. If the applicant is younger than the lowest age limit for the formulations in use (less than 12 years of age at the time of posting), this blanket waiver should be documented.
  • In cases where a contraindication exists – a condition that serves as a reason not to take a certain medical treatment due to the harm that it would cause the patient.

If an applicant has a contraindication or precaution to the COVID-19 vaccine formulation available, the “Contraindicated” reason should be documented, and the vaccine should not be administered. If the applicant has had a severe reaction to the first dose that is considered a contraindication to receiving a second dose, the first dose should be documented in addition to the blanket waiver.  Please refer to Interim Clinical Considerations for Use of COVID-19 Vaccines Currently Authorized in the United States for COVID-19 specific information about contraindications and precautions.

  • Where a vaccine is not routinely available
    If no COVID-19 vaccine is routinely available in the state where the Civil Surgeon practices, the “Not routinely available” reason should be documented.  If vaccine is available to the applicant but due to limited supply, it would cause significant delay for the applicant to receive their vaccination, then this situation would also be considered “Not routinely available.”

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Welcome back to Visalawyerblog! In this post, we give you the rundown on the most exciting immigration updates recently announced by the United States Citizenship and Immigration Services (USCIS).

These announcements provide important information for applicants including, extended flexibility policies for responding to Requests for Evidence, new COVID-19 vaccination requirements for green card applicants, automatic 24-month extensions of status for petitioners who have properly filed Form I-751 Petition to Remove Conditions on Residence or Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status starting September 4, 2021, and continuance of TPS designations for nationals from certain countries.

The Rundown: What do I need to know about these new updates?

USCIS RFE/NOID Flexibility Continued for Responses to Agency Requests

USCIS has announced that it will continue its flexibility policy giving applicants and petitioners more time to respond to Requests for Evidence during the COVID-19 pandemic. On September 24, 2021, USCIS made the announcement that it will continue to grant applicants who have received a request for evidence, notice of intent to deny, or such a related document, an additional 60 calendar days after the response deadline indicated on the notice or request, to submit a response to a request or notice, provided the request or notice was issued by USCIS between March 1, 2020 through January 15, 2022. This is great news because it will allow applicants and petitioners more time to gather documents that are hard to obtain during the COVID-10 pandemic.

What documents qualify for this flexibility in responding?

Applicants who receive any of the below mentioned documents dated between March 1, 2020 and January 15, 2022 can take advantage of the additional 60 days to respond to the request or notice:

  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind;
  • Notices of Intent to Terminate regional investment centers; and
  • Motions to Reopen an N-400 pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, if:

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Welcome back to Visalawyerblog! In this blog post, we will cover the release of the October Visa Bulletin 2021 and what you can expect for employment based and family preference categories during the month of October 2021.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

If you would like to follow along on each month’s progress for the Visa Bulletin please be on the lookout for the “Chats with Charlie” series on the DOS YouTube Channel. 

Chats with Charlie is a monthly series recently launched by the State Department where Charlie Oppenheim, Chief of the Immigrant Visa Control & Reporting Division of the U.S. Department of State, answers your frequently asked questions regarding each month’s Visa Bulletin. Questions can be emailed to VisaBulletin@state.gov ahead of the event with “Chat with Charlie Question” in the subject line.

For a detailed dive into the October 2021 Chats with Charlie broadcast please click here.

Adjustment of Status Filings for those lawfully residing in the United States

In general, if USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, the agency will provide instructions on the www.uscis.gov/visabulletininfo webpage that applicants may use the Dates for Filing chart. Otherwise, USCIS will indicate that applicants must use the Final Action Dates chart to determine when they may file their adjustment of status application with USCIS. If a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.

Adjustment of Status Filing Chart October 2021

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, in the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” on the Final Action Dates chart. This means that applicants in the F2A category only may file using the Final Action Dates Chart in the Department of State Visa Bulletin for October 2021.

For all other family-sponsored preference categories, applicants must use the Dates for Filing Chart in the Department of State Visa Bulletin for October 2021.

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Welcome back to Visalawyerblog! In this blog post we share with you an overview of the State Department’s October 2021 Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State, also known as “Chats with Charlie,” broadcasted every month on the State Department’s YouTube channel.

This new series features a monthly Question-and-Answer session with Mr. Charles Oppenheim and a Consular officer, where they answer many of the public’s frequently asked questions and provide a monthly analysis of each month’s Visa Bulletin. This discussion will provide details regarding what to expect in terms of the movement or retrogression of both family and employment-based preference categories on each month’s Visa Bulletin.

Questions for Charlie can be emailed in advance to VisaBulletin@state.gov ahead of each monthly session with “Chat with Charlie Question” in the subject line.

Be sure to subscribe to the State Department’s YouTube Channel and turn on your notifications so you do not miss any of these important updates.

Below are the highlights of the visa projections for October 2021.

DOS Q&A Session with Charlie Oppenheim: October 2021 Visa Bulletin Projections & Beyond

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Welcome back to Visalawyerblog! We hope our readers had a wonderful Labor Day weekend. We kick off the start of a brand-new week with great news for I-751 Removal of Conditions applicants.

On September 3, 2021, the United States Citizenship and Immigration Services (USCIS) announced that effective September 4, 2021, the agency will now be extending the time that receipt notices can be used to show evidence of lawful status for conditional permanent residents who must file Form I-751 Petition to Remove Conditions on Residence or Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status.

As of September 4, 2021, USCIS will issue receipt notices automatically extending a conditional resident’s period of lawful status from 18 to 24 months, following the proper filing of Form I-751 or I-829 to remove conditions on permanent residence. The additional time period has been given to accommodate the lengthy processing times for both Form I-751 and Form I-829 during the COVID-19 pandemic.

How can I show evidence of my lawful status once I have submitted I-751 or I-829?

Effective September 4, 2021, conditional permanent residents who properly file Form I-751 or Form I-829 will receive a receipt notice (Notice of Action) in the mail that can be presented along with Form I-551, Permanent Resident Card (also known as a Green Card), as evidence of continued status for up to 24 months past the expiration date on the Green Card, while the removal of conditions application remains pending with USCIS.

What if I filed my I-751 case before September 4, 2021?

For those who properly filed their Form I-751 or Form I-829 before September 4, 2021, USCIS has said that it will issue new receipt notices to eligible conditional permanent residents whose cases remain pending. Applicants may use those receipt notices as evidence of continued status for 24 months past the expiration date on their Green Card.

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Welcome back to Visalawyerblog! In this blog post, we bring you a new update from the U.S. Department of State regarding the status of immigrant visa processing at U.S. Embassies and Consulates overseas. Today, the Department of State released an update reminding immigrant visa applicants that consular interview appointments are being scheduled using a four-tiered system that generally triages immigrant visa applications based on a system of priority.

The update adds that where possible, Consular posts and Embassies will attempt to schedule some appointments within all four priority tiers every month. These attempts will be made to help reduce the massive backlog caused by the COVID-19 pandemic and operational constraints. The new update also carves out priority exceptions for certain healthcare workers seeking immigrant visas.

Applicants should keep in mind that public health and safety remain a paramount concern amid the COVID-19 pandemic. Consular posts and Embassies are continuing to do the best they can depending on local conditions to schedule interview appointments according to the priority schedule, taking into account restrictions on movement and gathering imposed by host country government.

It is also important to consider that posts overseas must abide by U.S. government guidance on safety in the workplace and are following social distancing protocols and safety measures which have reduced the number of applicants consular sections are able to see in a single day.  Consular sections will only resume routine visa services when it is safe to do so based on the particular geographic location.

The Department of State’s Four-Tiered Prioritization Schedule

The Department of State has said that while all immigrant visa categories are important, during the pandemic, it has been forced to make difficult decisions regarding how it will prioritize immigrant visa applications as they operate at limited capacity and work through the substantial backlogs of immigrant visa cases.

Having considered the difficult circumstances all applicants face, the Department of State has followed a guiding principle for immigrant visa prioritization, with family reunification being a top priority for the U.S. Government. The State Department’s prioritization schedule highlights Congressional objectives calling upon the agency to adopt policies that prioritize immediate relative visa applicants and K-1 fiancées of U.S. citizens, followed by family preference immigrant visa applicants.

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