Visa Lawyer Blog

Articles Posted in Emergencies

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couple-7445474_1280Recently, the Department of State released guidance to assist U.S. Citizens petitioning for family members in Lebanon.

Here are the highlights:

  • To facilitate family reunification, full immigrant visa processing has resumed for Lebanese family members of U.S. citizens, at the U.S. Embassy in Beirut.
  • Routine nonimmigrant visa processing is not yet available. Individuals may apply for a nonimmigrant visa at any U.S. embassy or consulate.

Immigrant Visa Information

The National Visa Center (NVC) will directly email petitioners, beneficiaries, and representatives of spouses, children under 21, and parents of U.S. citizens with approved I-130 petitions to provide an immigrant visa interview appointment date and instructions.  Applicants must check their email for updates.

Immigrant visa cases will continue to be processed according to the final action date published in the Visa Bulletin.  In November/December, the U.S. Embassy in Beirut will schedule visa interviews for currently eligible family preference immigrant visa cases and nonimmigrant Fiancé (K-1) visa cases.  

Case Transfers from Beirut to Other Embassies/Consulates

Individuals wishing to transfer their immigrant visa case from the U.S. Embassy in Beirut to another U.S. embassy or consulate may contact NVC via the Public Inquiry Form and in the “Enter Your Inquiry Below” box, include:

    • The U.S. embassy or consulate where they would like their case transferred; and
    • Likely dates of travel and preferred date for a new appointment.

Applicants must arrange their own travel to an alternate embassy or consulate for their visa appointment, including complying with any visa requirements for entering that country to attend their visa appointment.

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ai-generated-8570989_1280On October 11, 2024, the U.S. Citizenship and Immigration Services (USCIS) released updated guidance for requests to expedite travel-related documents and expedite requests relating to government interests. The guidance is effective immediately.

Who may file an expedite request?

Individuals who are located inside the United States may request that USCIS expedite the adjudication of their application, petition, request, appeal, or motion. USCIS considers expedite requests on a case-by-case basis and has the discretionary authority to approve or deny an expedite request.

The grounds that may be considered to file an expedite request include, but are not limited to, the following:

  1. Severe financial loss to a company or person

The updated guidance states that those filing an expedite request based on severe financial loss to a company or person must provide corroborating documentation supporting their request.

Where a company is involved, such evidence may include documentation proving that the company is at risk of failing, losing a critical contract, or required to lay off other employees.

For example, a medical office may suffer severe financial loss if a gap in a doctor’s employment authorization would require the medical practice to lay off its medical assistants.

Where an individual is applying for an expedite based on severe financial loss, evidence of a layoff or termination may be sufficient to establish financial loss.

For example, if an individual is unable to travel for work and this would result in job loss, an expedite might be necessary.

USCIS has said that “an individual’s need to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment.”

Additionally, severe financial loss can be established if the failure to expedite would result in a loss of critical public benefits or services.

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If your case remains pending with U.S. Citizenship and Immigration Services (USCIS) beyond the posted processing times for your immigration benefit request, you may consider requesting assistance from the Ombudsman’s Office.

What is the USCIS Ombudsman?

The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) helps individuals and employers resolve difficulties they are experiencing with USCIS. The Ombudsman functions independently and is part of the Department of Homeland Security (DHS).

Before an applicant can request for help from the Ombudsman, they must have contacted USCIS within the last 90 days and given the agency at least 60 days to resolve their problem. If a Congressional representative is already assisting you, the Ombudsman’s office cannot help you.

If USCIS does not resolve the issue (via submission of an e-request, or other communication method) the applicant can prepare and submit a case assistance request with the Office of the Ombudsman.

The most common issues the Ombudsman can assist with are:

  • Cases involving an emergency or a hardship that falls under the USCIS expedite criteria
  • Expedite requests approved by USCIS more than 2 months ago
  • Typographical errors
  • Improper rejections
  • Cases involving U.S. military personnel and their families
  • Aging out of eligibility
  • Undelivered USCIS notices or decisions
  • Transfers to the Department of State for approved petitions

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