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
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.
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! We kick off the start of a brand-new week with an overview of the June 2021 Visa Bulletin. Follow along as we provide you with an overview of the State Department’s monthly Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State.
In this post, we summarize Charlie’s Visa Bulletin projections for the upcoming month of June 2021 and beyond.
We recommend our followers to subscribe to the State Department’s YouTube Channel to catch all of the details relating to the agency’s new monthly series on its YouTube channel.
This new series will feature a monthly Question-and-Answer session with Charles and a Consular officer, where they will answer many of the public’s frequently asked questions and provide a monthly analysis of each month’s Visa Bulletin. The 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 to VisaBulletin@state.gov ahead of the monthly session with “Chat with Charlie Question” in the subject line.
Reminder:Tomorrow, Tuesday May 25, 2021 at 1:00 p.m. ET, the Department of State will be hosting a YouTube live session relating to the visa backlog. The State Department will also be discussing how Consular sections will be prioritizing visa cases during the phased resumption of services. Make sure to subscribe to the YouTube Channel and turn your notifications on so you do not miss any of these updates.
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.
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).
In its continued efforts to improve communications with the public regarding the status of visa operations worldwide, the Department of State recently provided new insights regarding Immigrant Visa Prioritization at Consular posts overseas.
To reduce the immigrant visa backlog, the Department has announced the adoption of a new four-tiered approach that is designed to triage the processing of immigrant visa applications according to prioritization standards set by U.S. Congress. Such standards will ensure prioritized visa processing for certain categories of immigrant visa applicants, while posts prepare to resume and expand visa processing as local conditions improve.
Prioritization of immigrant visas will begin with a first tierincluding prioritization of immigrant visas for immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), and certain Special Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government).
The second tier will include prioritization of immigrant visas for immediate relatives, fiancé(e) visas, and returning resident visas.
While the third tierwill prioritize immigrant visas for family preference immigrant visas and SE Special Immigrant Visas for certain employees of the U.S. government abroad.
Finally, the fourth tierwill prioritize immigrant visa processing for all other immigrant visas, including employment preference and diversity visas.
Happy Monday! It is another exciting week filled with new immigration updates unfolding in our ever-changing immigration landscape. Our office is committed to bringing you the latest immigration news, and keeping you informed on the evolving status of immigration during the COVID-19 global health crisis.
As the rates of COVID-19 have continued to erupt in certain regions of the world, applicants residing overseas have been forced to adapt to their “new normal.”
At the height of the pandemic, Consular posts worldwide found themselves forced to limit operations due to safety concerns, lack of resources, country conditions, and mandatory quarantines.
Complicating matters further, the Trump administration began issuing regional travel bans suspending and restricting the entry into the United States, of immigrant and nonimmigrant travelers, who were physically present within the Schengen Area, Brazil, China, the United Kingdom, Ireland, South Africa, and Iran, during the 14-day period preceding their entry or attempted entry into the United States. Those who have been physically residing within these regions have been unable to enter the United States.
When President Biden assumed the Presidency, his administration continued to enforce these regional travel bans and began “rolling out” new regional travel bans suspending the entry of travelers from other regions with high rates of COVID-19.
India Joins Countries Now Subject to Regional Travel Ban
India is now the latest country to be added to a growing list of countries subject to a Regional travel ban. On April 30, 2021, President Biden issued a new Presidential Proclamation temporarily restricting and suspending the entry of nonimmigrants from the Republic of India into the United States. Just as the previous proclamations, the India travel ban will impact any nonimmigrant who has been physically present within the Republic of India during the 14-day period preceding his or her entry or attempted entry into the United States.
Certain exemptions have been made for green card holders, spouses of U.S. Citizens or green card holders, parents of U.S. citizens or green card holders, and others.
Visa Lawyer Blog
