Visa Lawyer Blog

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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.
  • Your expired passport is undamaged.
  • Your expired passport is unaltered.
  • Your expired passport is in your possession.

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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.

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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.

All other family-sponsored preference categories (other than F2A), must use the Dates for Filing chart in the Department of State Visa Bulletin for June 2021.

For Employment-Based Preference Filings:

All applicants falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for June 2021.

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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).

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Welcome back to the Visalawyerblog! We have a very exciting announcement for you this afternoon. The International Entrepreneur Parole Program is back and in full force!

Today, May 10, 2021, USCIS announced that it will no longer pursue Trump era efforts to terminate the International Entrepreneur Parole Program and will instead remain committed to the continuance and implementation of the program to benefit immigrant entrepreneurs.

This decision is all part of the Biden administration’s efforts to restore faith in our legal immigration system, as outlined in Executive Order 14012, requiring DHS to identify and remove agency actions that fail to promote access to the legal immigration system.

What’s been happening with the International Entrepreneur Parole Program?

The International Entrepreneur Parole program was first established during the final days of the Obama administration with a planned implementation date of July 17, 2017. The program was designed to expand the admission of certain entrepreneurs into the United States by granting them temporary permission to enter the United States, (also known as “parole”) for a period of up to five years in order for the entrepreneur to begin a start-up business in the United States. Qualifying businesses include those with a high potential for growth and expansion.

The program did not establish a permanent immigration option, nor did it qualify an entrepreneur for permanent residence. Instead, the program was implemented as an option for eligible entrepreneurs wishing to remain in the United States on a temporary basis. One of the main advantages of the program was that entrepreneurs could take advantage of a much simpler immigration process known as requesting “parole” instead of having to apply for an investor visa at a U.S. Embassy or Consulate abroad.

Sadly, shortly after Donald Trump assumed the Presidency in early 2017, his administration quickly went to work to dismantle and undo the International Entrepreneur Rule before its planned implementation date.

The Trump administration set the stage for the undoing of the program by first issuing a rule in the federal register to delay the program’s implementation date to March 14, 2018, giving the agency more time to terminate the program.

On May 29, 2018, the administration formally moved to terminate the program by publishing a proposed rule to terminate the program altogether. Since then, the program has remained in a state of limbo, with the Trump era proposed rule still sitting idle in the Federal Register.

Today, the Biden administration made clear that the International Entrepreneur Parole Program is here to stay.

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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 tier including 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 tier will 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 tier will prioritize immigrant visa processing for all other immigrant visas, including employment preference and diversity visas.

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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.

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In today’s blog post, we are happy to bring our readers some very exciting news.

On April 26, 2021, the Department of State formally announced a new National Interest Determination for certain categories of nonimmigrant visa applicants currently unable to enter the United States due to COVID-19 related Regional Presidential Proclamations issued earlier this year. This new determination will allow certain travelers to obtain their visas and enter the United States, despite the issuance of COVID-19 related Regional Presidential Proclamations, known as Presidential Proclamations 9984, 9992, and 10143.

These Proclamations were issued early last year to prevent the rapid spread of COVID-19 to the United States, specifically from China, Iran, Brazil, South Africa, the Schengen countries, the United Kingdom, and Ireland.

Such Proclamations had the effect of restricting and suspending the entry into the United States, of both immigrants and nonimmigrants, 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. Few categories of individuals were exempted from these Presidential Proclamations, including lawful permanent residents of the United States (green card holders), spouses of U.S. Citizens or lawful permanent residents, and others who were similarly exempted.

Individuals who have not been specifically exempted from the Regional Proclamations and have remained physically present in the impacted regions, have been unable to proceed with visa processing. Consulates worldwide have refused to grant visas to these individuals due to the enforcement of the Proclamations.

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Welcome back to Visalawyerblog! It is the start of a brand new and exciting week in the world of immigration. In this post, we bring you the latest immigration updates from the U.S. Department of State’s Bureau of Consular Affairs.

In a recent post on their Facebook page, the Bureau published a Frequently Asked Questions guide addressing the Immigrant Visa Backlog, including information about what Consulates are doing to help reduce the backlogs, and helpful information for K-1 visa applicants, Diversity Visa lottery applicants, and interview scheduling for employment-based applicants.

Want to know more? Check out the Q & A below:

 

Frequently Asked Questions Regarding the Immigrant Visa Backlog

Q: Why are there still immigrant visa interview backlogs?

A: Our number one priority is the safety of our applicants and our staff. The IV (Immigrant Visa) interview backlog has developed because of limitations in staffing and other COVID-related operational constraints preventing us from processing the same volume of applicants as pre-pandemic. In addition, Presidential Proclamation 10014 and geographic COVID proclamations restricted visa processing for many immigrants for nearly a year; it will take time to process the cases that were impacted by these travel restrictions.

Q: What are you doing to decrease the backlog?

A: We are committed to decreasing this backlog by prioritizing certain visas, creating efficiencies in the visa process, and utilizing all available resources until our task is accomplished. Applicants should check the website of their nearest U.S. embassy or consulate for updates on what visa services are currently available.

Q: Are virtual/Zoom interviews available for Immigrant Visa applicants?

A: No. Current regulations require all immigrant visa applicants to appear in person before a consular officer.

Q: I live near a U.S. Consulate, but they do not process Immigrant Visas at that particular location and therefore I am forced to travel a long distance to appear for my interview. Why don’t you process IV interviews at every U.S. Embassy/Consulate?

A: As the best use of limited U.S. government resources, immigrant visa processing is consolidated in certain embassies and consulates. The Department of State continuously reviews the services we provide to best balance our service standards with efficient use of resources.

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Welcome back to Visalawyerblog! Happy end of the week to all of our readers.

In this post, we would like to keep our readers informed about Visa Bulletin projections for the upcoming month of May 2021 and beyond.

The Department of State’s Consular Affairs Unit has launched an exciting new monthly series on its YouTube channel, discussing current visa trends and future projections for immigrant visa preference categories with Charles Oppenheim, Chief of the Visa Control and Reporting Division of the U.S. Department of State.

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