Visa Lawyer Blog

Articles Posted in COVID 19

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Welcome back to Visalawyerblog! In this post we bring you some breaking news about what you can expect to see from the Biden administration with respect to immigration in the coming days.

Tomorrow January 29th President Biden is expected to issue several important executive orders and memorandums aimed at reversing former President Trump’s damaging policies on immigration.

It is rumored that as part of these new orders, the President will be rescinding Proclamations 10014 and 10052.

As you may recall, Proclamation 10014 established a 60-day ban on the issuance of visas worldwide for a wide variety of immigrants including those who (1) were outside of the United States as of April 23rd and (2) who did not have a valid immigrant visa or official travel document as of that date.

Prior to its expiration, the President signed Proclamation 10052 to extend enforcement of Proclamation 10014 and expanded the categories of immigrants affected.

Overview of Proclamation 10014

When Proclamation 10014 was first issued on April 22, 2020, it rocked the world of immigration because of the wide variety of immigrants that were swept up in its grasp.

Among those impacted were the following classes of immigrants applying for a visa at a United States Consulate or Embassy abroad from April 23, 2020 to the present:

  • 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  

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Happy Friday! Welcome back to Visalawyerblog! In this blog post, we bring you a recent success story and share with you how our office was able to expedite our client’s fiancé visa to help him reunite with his U.S. Citizen fiancé, despite the suspension of routine visa services at the U.S. Consulate in Mumbai, India.

As you may recall, during March of last year, in an unprecedented move, the Department of State made the decision to suspend all routine visa services at U.S. Embassies and Consulates worldwide, in response to significant worldwide challenges posed by the COVID-19 pandemic.

Thereafter in July of 2020, U.S. Embassies and Consulates began a phased resumption of routine visa services, but only on a post-by-post basis as resources and local conditions would allow.

In reality routine visa services at the majority of U.S. Embassies and Consulates have remained suspended with posts granting appointments only for emergency and mission-critical services.

Due to these visa suspensions, K visa applicants have been unable to proceed with visa issuance, with many applications sitting idle at the National Visa Center (NVC) waiting to be forwarded to the local Consulate for interview scheduling.

Most recently K visa applicants expressed their frustrations by filing a class action lawsuit known as Milligan v. Pompeo in an effort to force visa interview scheduling.

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Welcome back to Visalawyerblog! We kick off the start of the week with some important updates.

For the past few months, our followers have raised concerns regarding substantial delays they have been experiencing waiting for their receipt notices to arrive in the mail for applications and petitions filed at USCIS lockboxes.

On January 8, 2021, USCIS announced that the agency has indeed been overcome with delays caused by the pandemic and other factors, that has resulted in the delayed issuance of receipt notices for at least some applications and petitions filed at USCIS lockbox facilities.

USCIS lockbox facilities are located in Chicago, Phoenix, Lewisville, and Dallas.

For a list of forms processed at USCIS Lockbox Facilities click here.

What is happening?

Several factors including COVID-19 related restrictions, increases in filings, current postal service volume, and other factors, have caused applicants and petitioners to wait 4-6 weeks on average (after properly filing an application or petition with a USCIS lockbox) to receive a receipt notice in the mail.

USCIS has announced that these delays do not affect the date of receipt of your application. Applicants should be aware that delays vary depending on the type of form submitted and the lockbox location. Cases which are most affected by the delays include non-family based Form I-485 Applications to Register Permanent Residence or Adjust Status, and Form I-765 Applications for Employment Authorization based on eligibility categories relating to F-1 students.

How is USCIS working to improve these delays?

The agency continues to take all necessary COVID-19 related precautions including social distancing and frequent cleaning to prevent the spread of COVID-19.

To help alleviate the workload, USCIS lockbox personnel are working extra hours and redistributing their workload to reduce these delays.

As soon as an application is opened and processed, the agency is printing and mailing receipt notices to the mailing address on file.

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Welcome back to Visalawyerblog! On behalf of our Law Office we wish you and your families a very Happy New Year. We are hopeful that the new year will bring more positive developments and new possibilities for immigrants around the world with the upcoming change in administration.

In today’s blog post we bring you more updates regarding President Trump’s recent decision to extend Presidential Proclamations 10014 and 10052 until March 31, 2021.

Following the unveiling of the new Proclamation, the Department of State issued their own announcement notifying the public that Proclamations 10014 and 10052 will continue to be enforced through March 31, 2021 in compliance with the directive.

As you know P.P. 10014 suspends the entry to the United States of certain immigrant visa applicants, while P.P. 10052 suspends the entry to the United States of certain nonimmigrant visa applicants who present a risk to the U.S. labor market during the economic recovery following the novel coronavirus outbreak.

As a result, with certain limited exceptions, immigrant visa (green card) interviews are suspended at the Consular level (as opposed to within the US) until March 31, 2020 for the following groups of people:

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Welcome back to Visalawyerblog! Happy New Year to all of our readers. We hope that you had a relaxing holiday with your loved ones. We look forward to providing you with the latest updates on immigration as we soon enter the Biden administration on January 20th.

Although Biden’s inauguration looms on the horizon, the Trump administration continues to make last minute efforts to derail the issuance of visa applications for thousands of green card applicants residing abroad.

On New Year’s Eve, President Trump signed a new proclamation extending the enforcement of his previously issued April 22nd Proclamation 10014 entitled, “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak,” as well as Proclamation 10052 issued on June 22, 2020.

The new proclamation extends the enforcement of these previously issued Proclamations until March 31, 2021. 

P.P. 10014 Overview

As you may recall the April 22nd Proclamation (10014) imposed a 60-day ban on the issuance of visas at U.S. Consulates and Embassies abroad and limited the entry of certain classes of aliens beginning April 23, 2020 and terminating on June 22, 2020.

Pursuant to P.P. 10014, the entry of the following aliens was suspended and limited until June 22, 2020:

  • Aliens outside of the United States on the effective date of the Proclamation (April 23)
  • Aliens without an immigrant visa that was valid on the effective date of the Proclamation (April 23rd) and
  • Aliens who did not have an official travel document other than a visa on the effective date of the proclamation (April 23rd) or issued on any date thereafter that permitted him or her to travel to the United States and seek entry or admission

The order did not apply to the following classes of aliens:

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Welcome back to Visalaywerblog! We kick off the start of a brand new week with the release of a very interesting Question and Answer session recently published by the Department of State.

This Question and Answer session took place on December 11, 2020, by and between the Department of State and the American Immigration Lawyers Association (AILA)’s Department Liaison Committee.

The Question and Answer session addressed a broad range of visa-related questions including burning questions regarding the phased reopening of Consulates and Embassies worldwide, national interest exception procedures, expansion of visa interview waivers, information regarding visa cancellations, MRV validity, the treatment of IV applications with approved I-601A Provisional Waivers, expired immigrant visas, pandemic related delays in obtaining documents for Consular related requests, and much more.

We have rounded up the most interesting questions and responses in this post. To read the government’s complete responses to questions asked, please click here.

Phased Reopening of Routine Visa Services

Q: It is AILA’s understanding that consular posts will reopen in phases based on the following Diplomacy Strong Framework included in Appendix A.

Please confirm:

  • Are the phases and priorities listed in Appendix A still accurate, or have there been any modifications to the Diplomacy Strong framework?
  • Are the phases in Diplomacy Strong standard across posts or are they merely guidelines within which posts have some flexibility in terms of setting priorities?
  • Please confirm whether a post will always be at the same phase for both IV and NIV processing, or whether it may be at a certain phase for IV processing and a different phase for NIV processing (e.g., If Sydney is at phase 3 for IV services, must it also be at phase 3 for NIV services?).
  • While we see references to Diplomacy Strong on a variety of post websites, it is not clear what phase the post is operating under. Would DOS advise posts to share their current operating phase on their websites in order to better inform the public of what they are prioritizing?

A: Although phased reopening of routine visa services originally corresponded with phases of Diplomacy Strong, posts were instructed on November 12 that they are no longer obligated to be in a specific Diplomacy Strong phase before providing additional categories of visa services.

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Welcome back to Visalawyerblog! We have an important announcement for applicants who have or may receive a request for evidence, notice of intent to deny, or a related document of such kind, between March 1, 2020 and January 31, 2021.

Today, December 18, 2020, USCIS announced that it will extend its flexibility policy and continue to grant applicants 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 and January 31, 2021.

What documents qualify for this flexibility in responding?

Applicants who received any of the below mentioned documents dated between March 1, 2020 and January 31, 2020 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 and Notices of Intent to Terminate regional investment centers;
  • Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
  • Filing date requirements for Form I-290B, Notice of Appeal or Motion.

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Welcome back to Visalawyerblog! In this blog post, we celebrate a Nigerian national’s recent visa success story and share with you how our office was able to expedite his immigrant visa (CR-1) to help him reunite with his U.S Citizen spouse in the United States, despite the implementation of Presidential Proclamation 9983 which suspends the entry of Nigerian nationals into the United States.

We recognize that these are truly challenging times in the world of immigration and would like our readers to know that they are not alone. For many, there are alternatives and solutions that can be explored by our knowledgeable immigration attorneys to help them reunite with their family members. From our staff members to our attorneys, we are with you every step of the way on your immigration journey.

For a comprehensive consultation to discuss solutions to your immigration issues, you may contact us at 619-819-9204. 

Suspension of Routine Visa Services Continues at Most Consulates Worldwide

As our readers will know, the ongoing coronavirus pandemic has made it extremely difficult for immigrants residing abroad to secure appointments for visa interviews at U.S. Consular posts and Embassies worldwide.

While some Consulates and U.S. Embassies have resumed routine visa services, these are very few and far in between. At the moment, routine visa services are only available on a “post-by-post” basis as individual country conditions permit operations to return to normalcy. For the most part, Consulates and Embassies have not been able to provide specific dates regarding when each post will completely resume routine visa services. This has left many immigrants in a state of uncertainty during what is already a very difficult time in our history. Many family members remain apart for extended periods of time with no end in sight.

Despite these limitations however, Consulates and Embassies are continuing to accommodate emergency and expedite requests for applicants with urgent matters who need to travel immediately. Where an applicant has been documentarily qualified by the National Visa Center, a U.S. Citizen petitioner may submit a request with the NVC to expedite the consular interview based on extreme hardship to the U.S. Citizen. Extreme hardship to a U.S. Citizen spouse can be demonstrated in several ways including where the USC is suffering from a disability, severe medical and/or psychological condition, as well as other unique circumstances.

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In the few months remaining in the Trump presidency, the Trump administration continues to pass laws and regulations that make it more difficult for immigrants and nonimmigrants to enter the United States.

Most recently, the administration has targeted the B-1/B-2 temporary business visitor/tourist visa program.

On November 24, 2020, the U.S. Department of State published a temporary final rule in the Federal Register entitled, “Visas: Visa Bond Pilot Program.”

What is this rule about?

The final rule calls for the creation of a temporary 6-month visa bond pilot program that authorizes Consular officials at U.S. Embassies and Consulates worldwide to mandate a bond of $5,000, $10,000, or $15,000 for certain B-1/B-2 visa applicants in order for them to receive visas and travel to the United States.

If a consular official finds that a bond is appropriate, the amount of the bond will be determined by him or her based on the circumstances of the visa applicant.

According to the rule, “the Pilot Program is designed to apply to nationals of specified countries with high overstay rates to serve as a diplomatic tool to encourage foreign governments to take all appropriate actions to ensure their nationals timely depart the United States after making temporary visits.”

When does the final rule go into effect?

The final rule becomes effective December 24, 2020 for a period of 6 months (through June 24, 2021).

Who will be impacted?

According to the final rule, visa applicants potentially subject to the Pilot Program include aliens who are applying for visas as temporary visitors for business or pleasure (B-1/B-2); are from countries with high visa overstay rates; and are already approved by DHS for an inadmissibility waiver.

Aliens traveling under the Visa Waiver Program fall outside the scope of the Pilot Program, since a visa application is not required for their entry to the United States.

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Welcome back to Visalawerblog! We hope you had a relaxing thanksgiving weekend. In this blog post we share an important update for K visa applicants impacted by the Coronavirus proclamations.

The Department of State recently issued a statement explaining how the agency will comply with a preliminary injunction issued by a federal judge in the case Daniel Milligan, et al., v. Michael Pompeo et al.

In that case a federal judge issued a preliminary injunction prohibiting the Department of States from relying on the Coronavirus proclamations to suspend K visa adjudications for those residing in the Schengen countries, the United Kingdom, Ireland, China, Iran, and Brazil.

Unfortunately, the judge stopped short of issuing a broad injunction to lift the ban on entry to the United States for K visa applicants impacted by these proclamations.

This means that while the government must proceed with K visa processing, once a K visa has been issued, applicants residing within an impacted area remain barred from entering the United States unless they meet a national interest exception.

To put it simply – the injunction simply stops the government from refusing to process K visas based on the Coronavirus proclamations. It does not allow K visa applicants from impacted areas to enter the United States once K visas have been issued unless the applicant meets a national interest exception. According to the judge, the government may still prevent entry to such applicants as deemed necessary during the pandemic.

What are the Coronavirus proclamations?

Back in January the President began issuing a series of Coronavirus proclamations that restrict and suspend the entry of immigrants and nonimmigrants, who were physically present within Brazil, China, the United Kingdom, Ireland, and Iran, during the 14-day period preceding their entry or attempted entry into the United States.

These Coronavirus proclamations 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
  • Brazil Visa Ban—Proclamation 10041 issued May 25, 2020 –No termination date

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