Visa Lawyer Blog

Articles Posted in Free Consultation

by

board-157016_1280

Our office has been eagerly awaiting the release of the October visa bulletin which ushers in the beginning of a brand-new fiscal year. As our readers will know, a lot has been happening in the world of immigration.

Since March of 2020, U.S. Consulates and Embassies nationwide have suspended routine visa services to the public amid the Coronavirus pandemic. To make matters even more complicated, the President issued a series of Presidential Proclamations suspending the issuance of immigrant visas for most family-sponsored preference categories with limited exceptions including spouses and minor children of United States Citizens. In this post we cover the good, the bad, and the ugly of the release of the October 2020 visa bulletin.

THE BAD AND THE UGLY –

Most Family Sponsored Categories Unable to Obtain Immigrant Visas Due to Consular Closures and Presidential Proclamations

For the most part, nearly all family-sponsored categories on the visa bulletin are impacted by the Presidential Proclamations and individuals impacted cannot obtain an immigrant visa at the U.S. Consulate until the Proclamations terminate on December 31, 2020.

What Family Preference Categories are Impacted?

Presidential Proclamations 10014 and 10052 together suspend the entry of and issuance of visas for the following types of family-sponsored immigrants until December 31, 2020:

  • F2A Spouses and children of green card holders applying at the consulate
  • F-2B Unmarried sons and daughters of green card holders applying at the consulate (21 years of age or older)
  • F-3 Married sons and daughters meaning of US citizens applying at the consulate (children under 21 years old of US citizens are not affected)
  • F-4 Brothers and sisters of US citizens applying at the consulate

As you can see these categories make up the vast majority of the family-sponsored preference categories on the visa bulletin. Only very narrow categories of individuals have been specifically exempted from the Proclamations.

Those exempted include the following:

  • Spouses and children of US citizens applying at the consulate are not affected
  • Sons and daughters under 21 years old of US citizens applying at the consulate are not affected
  • Lawful Permanent Residents of the U.S.
  • Members of the U.S. Armed Forces and any spouse and child of a member of the U.S. Armed Forces
  • Aliens seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional
  • Aliens seeking to enter the U.S. to perform medical research or other research intended to combat the spread of COVID-19
  • Any spouse any unmarried child under 21 years of age of any such alien who is accompanying or following to join the alien
  • Any alien applying for a visa pursuant to the EB-5 Immigrant Investor Program
  • Aliens whose entry furthers important United States law enforcement objectives
  • Any alien seeking entry pursuant to a Special Immigrant Visa in the SI or SQ classification, and any spouse and child of any such individual
    • SI: Certain aliens employed by the U.S. Government in Iraq or Afghanistan as translators or interpreters
    • SQ: Certain Iraqis or Afghans employed by or on behalf of the U.S. Government
  • Any alien whose entry would be in the national interest of the United States (national interest waivers)
  • Aliens seeking entry for asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Continue reading

by

gavel-3577254_1920

The public charge rule is back. On September 11, 2020, the U.S. Court of Appeals for the Second Circuit issued a decision that allows the Department of Homeland Security to resume enforcement of the Public Charge Ground of Inadmissibility final rule on a nationwide basis, including in New York, Connecticut, and Vermont.

The court “stayed” or suspended the grant of a preliminary injunction issued on July 29, 2020 by the United States District Court for the Southern District of New York, meaning that the United States Citizenship and Immigration Services (USCIS) can now require Form I-944 in all jurisdictions, and continue to enforce the public charge rule nationwide.

Why the ruling?

The appellate court ruling comes after the Department of Homeland Security appealed the July 29th preliminary injunction preventing the enforcement of the public charge rule to residents of New York, Connecticut, and Vermont. The government asked the court to “stay” or suspend the preliminary injunction, pending resolution of the appeal before the courts.

A three judge panel ruled in favor of the government finding that they were likely to succeed on the merits of the case and in any event the judges said that it was doubtful that the district court had jurisdiction to issue the preliminary injunction in the first place, given that the court of appeals was considering the issues raised by the public charge rule.

What does this mean for applicants?

Pursuant to the appellate court’s order, the United States Citizenship and Immigration Services (USCIS) will resume enforcement and implementation of the Public Charge Grounds Final Rule nationwide. The government is no longer prevented from enforcing the rule during the coronavirus (COVID-19) pandemic.

USCIS has stated on their webpage that they will apply the public charge final rule to all applications and petitions postmarked or submitted electronically on or after Feb. 24, 2020, including pending applications and petitions. For applications or petitions sent by commercial courier (for example, UPS, FedEx, or DHL), USCIS will use the date on the courier receipt as the postmark date.

USCIS will not re-adjudicate any applications and petitions that were approved following the issuance of the July 29, 2020, injunction continuing until the date of the notice (September 22, 2020).

Continue reading

by

ballot-1294935_1280

With the 2020 elections quickly approaching and much at stake in the world of immigration, we remind you of the upcoming events relating to the presidential election, where you can register to vote and secure a mail in ballot, and of who is eligible to vote in the 2020 presidential election.

Who Can Vote in the U.S. Presidential Election?

You are eligible to vote in U.S. Federal Elections if you are a United States Citizen, regardless of the manner in which you obtained citizenship. U.S. Citizen’s must meet their state’s residency requirements, be 18 years of age on or before election day and register to vote by your state’s deadline. If you are not yet registered to vote, please do so as soon as possible. Voting is one of the most important ways that Americans can participate in our democracy and protect the most vulnerable members of our society.

As a reminder, lawful permanent residents cannot vote in federal elections. Only United States citizens may do so.

For information on your state’s registration requirements please click here.

Criminal Issues May Impact Your Right to Vote

In some states, you may not be able to vote if you have certain felony convictions. If you have questions about whether you may vote in your state, contact your state county election officials where you wish to register to vote.

How Can You Vote?

You may vote either (1) in person at your designated polling place on election day (2) you may vote early in person at your designated early polling place, or (3) you may request a mail-in/absentee ballot if available and vote by mail.

To find your polling place click here.

For information on how to request a mail-in absentee ballot click here.

For information on how to check your registration status click here.

Continue reading

by

bead-5288232_1920

We are happy to report that the Department of State has released an important announcement that describes the agency’s compliance with the recent court ruling, Gomez v. Trump, which orders the government to make good-faith efforts to expeditiously schedule, process, and adjudicate DV-2020 diversity visa applications by September 30, 2020, despite issuance of Proclamation 10014.

In accordance with the court’s ruling, DV-2020 applications are being processed at embassies and consulates as local health conditions and resources will allow during this pandemic.

To proceed with visa processing, applicants must be documentarily qualified (meaning the applicant has obtained all documents specified by consular officials sufficient to meet the formal visa application requirements), have paid all requisite application fees, have the ability to obtain the required medical examination conducted by a panel physician, and demonstrate eligible for a visa prior to issuance.

If a post is unable to process cases due to local health conditions and resource constraints, an applicant may request a transfer to another post. 

The Department expects that, due to resource constraints, limitations due to the COVID-19 pandemic, and country conditions, it will be unable to accommodate all DV applicants before September 30, 2020.

Continue reading

by

sincerely-media-vcF5y2Edm6A-unsplash-scaled

Welcome to the start of a new week! In this blog post we discuss an exciting new announcement and a quick reminder regarding upcoming increases in filing fees.

USCIS Announces Extension of Flexibility for RFE, NOID, and Similar Responses

On September 11, 2020, the United States Citizenship and Immigration Services (USCIS) extended its previous policy granting applicants additional time to respond to requests for evidence, notices of intent to deny, and such similar notices.

Specifically, USCIS has stated that an applicant who has received a request, notice or decision dated between March 1, 2020 and January 1, 2021, may respond to such request or notice within 60 calendar days after the due date/deadline provided in the notice or request.

This flexibility is granted for the following types of notices, so long as the notice or request is dated between March 1, 2020 and January 1, 2021:

  • 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;
  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;
  • 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.

This flexibility has been provided to allow applicants the opportunity to gather important documentation needed to respond to the request or notice, given the extraordinary delays applicants have been facing in obtaining documents during the Coronavirus pandemic.

This policy ensures that USCIS will not take any adverse action on a case without first considering a response to the request or notice issued to the applicant.

USCIS will also consider a Form N-336 and Form I-290B “received” up to 60 calendar days from the date of the decision, before taking any action.

Continue reading

by

tim-mossholder-ceD-CgEW_Oc-unsplash-scaled
Welcome back to Visalawyerblog! In this blog post, we celebrate a client’s 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 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.

Continue reading

by

map-3953229_1920

We are very happy to announce a recent federal court ruling that grants DV-2020 diversity visa lottery winners the ability to apply for and obtain their immigrant visas.

Following the issuance of Presidential Proclamation 10014 on April 22, 2020 (which suspended the entry of all immigrants into the United States for a period of two months, except for limited classes of individuals) our office received an outpouring of emails, messages, and phone calls from readers asking whether DV-2020 lottery winners qualified for an exception, allowing them to apply for and obtain a DV immigrant visa before the September 30, 2020 deadline.

Unfortunately, we did not have any good news. The April 20th proclamation meant that DV-2020 lottery winners would have to wait for the ban to be lifted in order to apply for their visas. Then two months later, the President issued Proclamation 10052, further extending the visa ban until December 31, 2020. Rightfully so, this action caused anger among lottery winners, because it meant that DV-2020 lottery winners would not be able to apply for their visas by the deadline, and would lose out on the opportunity to receive an immigrant visa. For many this was a devastating realization.

In response, hundreds of DV-2020 lottery winners banded together and filed the lawsuit Gomez, et al. v. Trump, et al. against the government seeking an injunction to prevent the government from enforcing the Proclamations against DV lottery winners.

On September 4, 2020, their demands were answered. Federal Judge Mehta has issued a set of orders granting DV-2020 lottery winners a preliminary injunction which stops the government from applying the Proclamations against them. Unfortunately, however the judge’s order only grants relief to DV-2020 lottery winners and does not grant relief to non-DV immigrant visa applicants. We would like to remind our readers that the Judge’s orders are temporary and have been issued to prevent further injury to DV-2020 lottery winners, while the lawsuit comes to a final resolution through the court system.

Continue reading

by

visuals-vnfyiXo0BR8-unsplash-scaled

We are just 60 days away from Election day in the United States which falls on Tuesday, November 3rd. Do you know where your candidate stands on immigration? In this post, we cover Presidential nominee Joe Biden’s stance on important immigration issues, and everything you need to know about his vision for America.

We would also like to take this opportunity to remind those of our readers who are American citizens to exercise their right to vote. It is your civic duty and will help shape the nation’s immigration policy for the next four years. For voter registration information please click here.

Immigration under Joe Biden

If elected President of the United States, Joe Biden has stated that he will enact a number of policies during his four-year term. Among these policies, he promises to take urgent action to undo destructive policies implemented by the Trump administration, modernize the immigration system, reassert America’s commitment to asylum-seekers and refugees, and implement effective border screening.

Comprehensive Immigration Reform

First and foremost, Joe Biden supports working with Congress to pass a comprehensive immigration solution that would offer nearly 11 million undocumented immigrants a path to citizenship. As vice president, Joe Biden worked alongside former President Obama to push forward a bill that would do just that. Unfortunately, the Republican-led Congress refused to approve the bill, leaving millions of undocumented immigrants in limbo including Dreamers.

Joe Biden advocates for the creation and expansion of the Deferred Action for Childhood Arrivals program (DACA), the Deferred Action for Parents of Americans (DAPA) program,  the Central American Minors program, which allows parents with legal status in the U.S. to apply to bring their children from Central America to live with them, and the creation of a White House task force to support new Americans to integrate into American life and their communities.

Continue reading

by

priscilla-du-preez-9vHPCKymSh0-unsplash-scaled

We would like to wish our readers a very great start of the week. In this blog post, we will be covering recent and exciting developments in immigration law.

K-1 Visa Applicants

We have great news for K-1 fiancé visa applicants. Today, August 31, 2020, the Department of State issued an important announcement for K visa applicants. Effective August 28, 2020, the Department of State has given Consular sections the authority to grant K visa cases “high priority.” This directive applies to Consulates and Embassies worldwide and gives Consular posts the discretion to prioritize the scheduling of K visa interviews, as country conditions allow during the Coronavirus pandemic.

DOS has encouraged applicants to check the website of their nearest U.S. Embassy or Consulate for updates on what services that post is currently able to offer.

Revalidating the I-129F Petition

DOS has also stated that while the I-129F Petition for Alien Fiancé(e) is valid for a period of four months, consular officials have the authority to revalidate the I-129F petition in four-month increments.

In addition, the announcement states that for most cases impacted by the suspension of routine visa services or COVID-19 travel restrictions, it will not be necessary to file a new I-129F petition.

Interview Waiver Eligibility for Certain Non-Immigrant Visa Applicants

The Department of State announced on August 25, 2020, that Consular officials at U.S. Embassies and Consulates abroad can temporarily waive the in-person interview requirement for individuals applying for a nonimmigrant visa in the same classification.

Previously, interview waiver eligibility was limited to applicants whose nonimmigrant visa expired within 12 months. The new announcement temporarily extends the expiration period to 24 months.

Continue reading

by

tim-gouw-1K9T5YiZ2WU-unsplash

We would like to inform our readers of very important information relating to the Deferred Action for Childhood Arrivals (DACA) program. Recently, the United States Citizenship and Immigration Services (USCIS) released a new memorandum that explains how the agency will handle new requests for DACA and advance parole requests in light of recent court rulings.

New DACA Requests Will Be Rejected

As clarified by the new memorandum, USCIS has confirmed that it will reject all initial DACA requests and associated applications for Employment Authorization Documents, and return all associated fees to applicants without prejudice. “Without prejudice” means that applicants may reapply for DACA in the future should USCIS choose to accept initial DACA requests at a later time.

DACA Renewal Requests Continue to Be Accepted for those Granted DACA in the past

As before, USCIS will continue to accept DACA renewal requests from aliens who were granted DACA at any time in the past.

In addition, USCIS will continue to accept requests for advance parole that are properly submitted for individuals who can demonstrate that their travel is for any of the following purposes: to support the national security interests of the United States, to support U.S. federal law enforcement interests, to obtain life-sustaining medical treatment not otherwise available to the alien in the U.S., or where travel is needed to support the immediate safety, wellbeing or care of an immediate relative, particularly minor children of the alien  (see below).

Please note that even with a valid advance parole document re-entry to the United States is not guaranteed.

DACA Renewals Limited to One-Year Duration

DACA renewal requests that are approved will receive a grant of deferred action and employment authorization for a period of no more than one year. For those that were previously issued a two-year employment authorization card that remains valid, USCIS will not be rescinding these two-year benefits. USCIS may only terminate an alien’s validly issued DACA for failure to continue to meet DACA criteria, including failure to warrant a favorable exercise of prosecutorial discretion.

Continue reading