Visa Lawyer Blog

Articles Posted in Embassies

by

pablo-heimplatz-fVL0zZdk-R4-unsplash-scaled

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.

Continue reading

by

loudspeaker-1459128_1280

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:

Continue reading

by

immo-wegmann-U2sp_4k9gIc-unsplash-scaled

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:

Continue reading

by

question-2519654_1280

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.

Continue reading

by

nigeria-1758969_1280

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.

Continue reading

by

agus-dietrich-eUjufrdx_bM-unsplash-scaled

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.

Continue reading

by

carly-rae-hobbins-zNHOIzjJiyA-unsplash-scaled

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 her reunite with her U.S. Citizen fiancé despite being subject to Presidential Proclamation 9993 also known as the “Schengen” visa ban.

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.

Overview of the Schengen Ban

To understand our client’s situation let’s first discuss the Schengen visa ban. Beginning in January of 2020, President Trump issued a series of Coronavirus proclamations to combat the rapid spread of Coronavirus cases in the United States.

Specifically, the President signed “Proclamation 9993,” into law on March 11, 2020, which restricts and suspends the entry into the United States of immigrants and nonimmigrants, who were physically present within the Schengen Area, during the 14-day period preceding their entry or attempted entry into the United States.

As a result of P.P. 9993, U.S. Consulates and Embassies around the world have refused to issue visas for those residing in the Schengen area including K fiancé visas until further notice. There is unfortunately no termination date for PP 9993 which means that visa applicants residing in the Schengen area will be stuck in “limbo” at least for the time being.

Continue reading

by

map-of-the-world-2401458_1920

Welcome back to Visalawerblog! In this post, we discuss the newly released visa bulletin for November 2020 which outlines the availability of immigrant visa numbers for family-sponsored and employment-based preference categories.

Impact of April 22nd Presidential Proclamation

As a preliminary matter, we would like to remind our readers that presidential proclamation 10014 signed into law on April 22, 2020, temporarily suspends the entry and issuance of immigrant visas at U.S. Consulates and Embassies worldwide for the following types of immigrants until December 31, 2020.

*Note: Applicants residing in the United States are unaffected by P.P. 10014 and may apply for adjustment of status with USCIS provided their priority date is current on the visa bulletin.

  • Spouses and children of green card holders (US citizens are 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 (over 21 years of age) of US citizens applying at the consulate (children under 21 years of age of US citizens are not affected)
  • Sons and daughters (over 21 years of age) of green card holders applying at the consulate
  • EB1A extraordinary abilities and their family applying at the consulate
  • PERM EB2 employment based (NIW is not affected) and their family applying at the consulate
  • PERM EB3 employment based and their family applying at the consulate
  • EB4 religious workers immigrants applying at the consulate

Unfortunately, this proclamation applies to the majority of family-sponsored preference categories which means that U.S. Consulates and Embassies worldwide will not issue visas to these individuals until the visa ban is lifted after December 31, 2020.

It is possible that President Trump may choose to extend the proclamation beyond December 31, 2020 if he finds it necessary. However it is unlikely to remain in effect after Joe Biden becomes President on January 20, 2021.

Suspension of Routine Visa Services Continues

As an additional note, although spouses and minor children of U.S. Citizens applying for immigrant visas at the Consulate are not impacted by P.P. 10014, the majority of Consulates and Embassies nationwide have suspended routine visa services until further notice. Applicants with emergencies or urgent travel needs may request expedited visa processing with the National Visa Center. We strongly encourage applicants to obtain legal assistance to help expedite visa interviews where the applicant can demonstrate extreme hardship to the U.S. Citizen relative.

Other Visa Bans May Apply 

Certain immigrant visa applicants who are not impacted by P.P. 10014, may still be impacted by other presidential proclamations restricting visa issuance and travel to the United States.

For instance, beginning January 2020 the President issues a series of Coronavirus proclamations, which similarly restrict and suspend the 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.

Continue reading

by

priscilla-du-preez-vuXS3RvU7dw-unsplash-scaled

Welcome back to Visalawyerblog! We are very pleased to celebrate yet another client success story.

This time our office was able to expedite a client’s fiancé visa to help her reunite with her partner despite being subject to Presidential Proclamation 9993 also known as the “Schengen” visa ban.

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 619-569-1768.

The Schengen Visa Ban

With the ongoing coronavirus pandemic fiancé visa applicants have found it increasingly difficult to receive a visa interview appointment at consulates and embassies across the globe. During the start of the pandemic, the Department of State announced widespread consular closures to prevent the rapid spread of the coronavirus. While phased resumption of visa services was scheduled to begin on July 14, 2020 with “high priority” given to K visa applicants, the majority of consulates and embassies have refused to schedule visa appointments. The result has been that fiancé visa cases have been stuck at the National Visa Center with no guarantee of receiving an appointment in the future.

To make matters worse, during the month of March, the President signed a series of coronavirus proclamations designed to limit immigration from certain countries in order to keep the virus at bay.

Continue reading

by

bill-oxford-rdLERs3ZGgQ-unsplash-scaled

Happy Monday! Welcome back to Visalawyerblog. We kick off the start of a brand-new week with very exciting news about the upcoming Diversity Visa lottery.

On October 7, 2020 the State Department opened its online electronic registration portal for the 2022 Diversity Visa lottery program (DV-2022).

The online registration period for the DV-2022 Program began on Wednesday, October 7, 2020 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4), and will conclude on Tuesday, November 10, 2020 at 12:00 noon, Eastern Standard Time (EST) (GMT-5).  Please keep in mind that individuals who submit more than one entry during the registration period will be disqualified. Applicants must apply online within the registration period outlined above.

For fiscal year 2022, up to 55,000 Diversity Visas will be available with no cost to register for the DV program.

Who may apply?

The diversity visa lottery program allows nationals from countries with historically low rates of immigration the opportunity to apply for an immigrant visa to enter the United States.

If you are not a native of a country with historically low rates of immigration you may still qualify if your spouse is a native of such a country and you and your spouse are named on the selected entry. Additionally if you are a native of a country that does not have historically low rates of immigration to the United States, but in which neither of your parents was born or legally resident at the time of your birth, you may claim the country of birth of one of your parents if it is a country whose natives are eligible for the DV-2022 program.

What countries have historically low rates of immigration for DV purposes?

The Department of State distributes diversity visas among six geographic regions including Africa, Asia, Europe, North America, Oceania, and South America, Central America, and the Caribbean. No single country may receive more than seven percent of the available DVs in any one year.

Continue reading