Articles Posted in Biden administration

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Welcome back to Visalawyerblog! We have very exciting news regarding the Biden administration’s plans to rescind the Covid-19 related travel bans that have suspended and restricted entry into the United States, of immigrants and nonimmigrants, physically present within the Schengen Area, Brazil, China, India, the United Kingdom, Ireland, South Africa, and Iran since 2020.

On October 15, 2021, the White House announced that the United States will allow international travelers who are fully vaccinated against Covid-19 to enter the United States by land or air starting November 8, 2021.

This decision will lift the ban for vaccinated visitors from the affected regions.

On Friday October 15, 2021, a White House Official stated that the “CDC has already informed airlines that all FDA approved and authorized vaccines, as well as all vaccines that have an Emergency Use Listing (EUL) from the World Health Organization (WHO) will be accepted for air travel. We anticipate the same will be true at the land border. These travelers are required to be prepared to attest to vaccination status and to present proof of vaccination to a CBP officer upon request. By January, foreign nationals traveling across the land border for both essential and non-essential reasons will be required to be fully vaccinated.”

While the White House is still ironing out the complete details of the new policy including what exemptions the Biden administrations will grant to the vaccine requirements, we know that only generally applicants who are fully vaccinated against Covid-19 will be allowed to enter.

The CDC considers an individual to be fully vaccinated against COVID-19:

  • 2 weeks after their second dose in a 2-dose series, such as the Pfizer-BioNTech or Moderna vaccines, or
  • 2 weeks after a single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine

COVID-19 vaccines currently approved or authorized for emergency use by the U.S. Food and Drug Administration include Pfizer-BioNTech, Moderna, and Johnson & Johnson COVID-19 vaccines, while COVID-19 vaccines authorized for use by the World Health Organization include AstraZeneca/Oxford, Covishield, Sinopharm, and Sinovac.

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Happy Columbus Day! In this blog post, we share important updates regarding the Diversity Visa Lottery Program for fiscal year 2023.


What you need to know


The State Department is now accepting online registrations for the Diversity Visa Lottery program for Fiscal Year (FY) 2023 (registration opened Wednesday, October 6, 2021, at noon EDT).

Foreign nationals who want to have a chance of being selected must register for the lottery by Tuesday, November 9, 2021, at noon EST online.

The Fiscal Year 2023 DV lottery program will have up to 55,000 green cards up for grabs that will be selected through a randomized computer-generated process. Winners for FY 2023 are expected to be announced in May 8, 2022.


Why should I apply?


Foreign nationals selected in the FY 2023 lottery are eligible to file their green card applications starting on October 1, 2022.


Am I eligible to enter?


You are eligible to participate if you meet the following requirements.

Requirement #1: You must be a native of a country with historically low rates of immigration to the United States to enter

Click here for the complete list of countries eligible (p. 16 to 20).

If you are not a native of a country with historically low rates of immigration to the United States, there are two other ways you might be able to qualify.

  • Is your spouse a native of a country with historically low rates of immigration to the United States? If yes, you can claim your spouse’s country of birth – provided that you and your spouse are named on the selected entry, are found eligible and issued diversity visas, and enter the United States at the same time.
  • Are you 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? If yes, you may claim the country of birth of one of your parents if it is a country whose natives are eligible for the DV-2023 program.

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In this blog post, we share with you some exciting new updates in immigration for Croatia and Syria.

We are very happy to announce that Croatia has now joined the Visa Waiver Program. The Visa Waiver Program allows foreign nationals of participating countries to travel to the United States for purposes of tourism or business without having to obtain a U.S. visa. Such stays are limited to 90 days or less, and all travelers must have a valid and approved Electronic System for Travel Authorization (ESTA) prior to traveling to the United States.

Visa Waiver participants are not eligible to change or extend their status within the United States during those 90 days. Only applicants who enter on a U.S. visa may apply for a change or extension of status with USCIS. It is also important to note, that applicants who have been denied a U.S. visa in the past are ineligible for ESTA.


When can Croatian nationals travel under the Visa Waiver Program?


The Secretary of Homeland Security Alejandro Mayorkas, and Secretary of State Antony Blinken designated Croatia as a new participant in the program, that is set to start no later than December 1, 2021. The agencies announced that the ESTA interface will soon be updated to allow Croatian nationals to apply for ESTA prior to travel to the United States. Applicants should note that ESTA authorizations are generally valid for two years.  Those with valid B1/B2 visas are recommended to continue to use their visas for travel to the United States.

Following the announcement, Secretary Mayorkas said that the designation of Croatia as a new participant in the Visa Waiver Program is an important recognition of U.S./Croatian shared economic and security interests.

With this new announcement, Croatia becomes the 40th member of the Visa Waiver Program found eligible to participate after having met strict requirements.


Who else is eligible to travel using the Visa Waiver Program?


For a complete list of countries currently participating in the Visa Waiver Program please click here.


TPS for Syria EADs Automatically Extended through March 28, 2022


We would also like to announce some important information for Temporary Protected Status beneficiaries from Syria. The U.S. Department of Homeland Security has automatically extended the validity of Employment Authorization Documents (EADs) for beneficiaries with a Category Code of A12 or C19 issued under Temporary Protected Status (TPS) for Syria through March 28, 2022.

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Welcome back to Visalawyerblog! We hope our readers had a wonderful Labor Day weekend. We kick off the start of a brand-new week with great news for I-751 Removal of Conditions applicants.

On September 3, 2021, the United States Citizenship and Immigration Services (USCIS) announced that effective September 4, 2021, the agency will now be extending the time that receipt notices can be used to show evidence of lawful status for conditional permanent residents who must file Form I-751 Petition to Remove Conditions on Residence or Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status.

As of September 4, 2021, USCIS will issue receipt notices automatically extending a conditional resident’s period of lawful status from 18 to 24 months, following the proper filing of Form I-751 or I-829 to remove conditions on permanent residence. The additional time period has been given to accommodate the lengthy processing times for both Form I-751 and Form I-829 during the COVID-19 pandemic.


How can I show evidence of my lawful status once I have submitted I-751 or I-829?


Effective September 4, 2021, conditional permanent residents who properly file Form I-751 or Form I-829 will receive a receipt notice (Notice of Action) in the mail that can be presented along with Form I-551, Permanent Resident Card (also known as a Green Card), as evidence of continued status for up to 24 months past the expiration date on the Green Card, while the removal of conditions application remains pending with USCIS.


What if I filed my I-751 case before September 4, 2021?


For those who properly filed their Form I-751 or Form I-829 before September 4, 2021, USCIS has said that it will issue new receipt notices to eligible conditional permanent residents whose cases remain pending. Applicants may use those receipt notices as evidence of continued status for 24 months past the expiration date on their Green Card.

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Welcome back to Visalawyerblog! In this blog post we share with you an overview of the State Department’s September 2021 Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State, also known as “Chats with Charlie,” broadcasted every month on the State Department’s YouTube channel.

This new series features a monthly Question-and-Answer session with Mr. Charles Oppenheim and a Consular officer, where they answer many of the public’s frequently asked questions and provide a monthly analysis of each month’s Visa Bulletin. This 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 in advance to VisaBulletin@state.gov ahead of each monthly session with “Chat with Charlie Question” in the subject line.

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Welcome back to Visalawyerblog! In this blog post, we will cover the release of the September Visa Bulletin 2021 and what you can expect for employment based and family preference categories during the month of September 2021.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

If you would like to follow along on each month’s progress for the Visa Bulletin please be on the lookout for the next “Chats with Charlie” on the DOS YouTube Channel, which will take place on August 19, 2021, at 1:00 p.m. ET.

Chats with Charlie is a monthly series recently launched by the State Department where Charlie Oppenheim, Chief of the Immigrant Visa Control & Reporting Division of the U.S. Department of State, answers your frequently asked questions regarding each month’s Visa Bulletin. Questions can be emailed to VisaBulletin@state.gov ahead of the event with “Chat with Charlie Question” in the subject line.


Adjustment of Status Filings for those lawfully residing in the United States


Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS must use the “Final Action Dates” charts to determine when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website www.uscis.gov/visabulletininfo that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin.


Adjustment of Status Filing Chart September 2021


For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, in the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” on the Final Action Dates chart. This means that applicants in the F2A category only may file using the Final Action Dates Chart in the Department of State Visa Bulletin for September 2021.

For all other family-sponsored preference categories, applicants must use the Dates for Filing Chart in the Department of State Visa Bulletin for September 2021.

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Welcome back to Visalawyerblog! We are happy to bring you the latest immigration updates recently announced by the United States Citizenship and Immigration Services (USCIS).


USCIS Guidance Following DACA Permanent Injunction in State of Texas, et al., v. United States of America, et al., 1:18-CV-00068, (S.D. Texas July 16, 2021)


USCIS has announced on its official webpage that consistent with the permanent injunction granted by the U.S. District Court for the Southern District of Texas on July 16, 2021, declaring DACA policy illegal, USCIS is prohibited from granting initial requests for first time DACA applicants, and accompanying requests for employment authorization.

However, USCIS will continue to accept both initial and renewal DACA requests but will not be able to adjudicate requests for first time DACA applicant’s pursuant to the court order.

Renewal filings for those who have received DACA benefits in the past, will continue unaffected by the court order, and USCIS will continue to adjudicate renewal requests, and accompanying renewal requests for employment authorization as before.

What’s next? The Department of Justice will be appealing the District Court’s decision and the Biden administration is urging Congress to pass the American Dream and Promise Act of 2021.

Read Biden’s Statement responding to the Court’s injunction here.


Applicants Filing Change of Status Applications to F-1 No Longer Need to Submit Subsequent Applications to ‘Bridge the Gap’


We are happy to report that USCIS recently ended the “Bridge the Gap” policy. Previously, prospective students with a current nonimmigrant status in the United States, that was set to expire more than 30 days before their F-1 program start date, were required to “Bridge the Gap,” by filing Form I-539 with USCIS to request an extension of their current status, or a change to another status ensuring that they would not have a “gap” in status.

Effective July 20, 2021, USCIS announced that individuals who have applied for a change of status to F-1 student, will no longer need to “Bridge the Gap,” while their initial F-1 change of status application is pending with USCIS.

To prevent a “gap” in status, USCIS has said that it will now grant the change of status to F-1 effective the day the applicant’s Form I-539, Application to Extend/Change Nonimmigrant Status is approved. If USCIS approves an application more than 30 days before the student’s program start date, the student must ensure they do not violate their F-1 status during that time (such as engaging in unauthorized employment, more than 30 days before the program start date as listed on the Form I-20.)

These changes have been introduced to decrease current backlogs and USCIS workloads. A revision of the Form I-539 instructions will soon be published to reflect these new policy changes.

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Welcome back to Visalawyerblog! In this blog post we share with you an overview of the State Department’s August 2021 Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State, also known as “Chats with Charlie,” broadcasted every month on the State Department’s YouTube channel.

This new series features a monthly Question-and-Answer session with Mr. Charles Oppnheim and a Consular officer, where they answer many of the public’s frequently asked questions and provide a monthly analysis of each month’s Visa Bulletin. This 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 in advance to VisaBulletin@state.gov ahead of each monthly session with “Chat with Charlie Question” in the subject line.

Be sure to subscribe to the State Department’s YouTube Channel and turn on your notifications so you do not miss any of these important updates.

Below are the highlights of the trends and visa projections for August 2021 and beyond.


DOS Q&A Session with Charlie Oppenheim: August 2021 Visa Bulletin Projections & Beyond


 

Charlie Oppenheim advises against sending “mass like” chain emails to the Charlie Chats email address

Before we get into the questions for this session, I wanted to add that I have seen a significant number of questions being received that maybe online chat groups have provided in a suggested “copy this text” approach that were sent to the Charlie Chat email address. I want to say that this is a very unproductive approach to asking questions, since we must open a significant number of messages with the same question, and that diminishes our ability to review the hundreds and hundreds of questions which are coming in each month. Therefore, it’s likely that we may miss important questions which listeners would like addressed. I am happy to see questions come in but this massive number of duplicates is unproductive to the listener group.


The Top 8 Advance Questions Sent in By Listeners


Q: I submitted all my documentation to NVC a long time ago and I confirmed on their website that everything is completed correctly. My priority date became eligible in March, but I have not yet been scheduled for my final visa interview. Why haven’t I been scheduled despite the eligibility and when can I expect to be scheduled?

A: This is a question we have been getting a lot. It’s important to say that throughout the COVID-19 pandemic, the NVC has continued to schedule appointments and is warehousing cases for Consular sections that have not been able to resume the routine Immigrant Visa processing. Depending on the country’s local restrictions and resources, the Consular sections abroad provide their projected capacity for scheduling to the NVC about 30-60 days in advance.

This allows NVC to begin scheduling those appointments and getting the information out to the applicants early. Other than age-out cases, inter-country adoption cases, and expedite requests, based on certain FAM regulations upon visa availability, the NVC schedules their Immigrant Visa appointments for visa categories in chronological order, based on the date in which the case was deemed “documentarily qualified,” meaning they have been asked to submit certain required documents, all those documents have been received, and have been verified. Then the NVC fills the available appointment slots in a first come, first out manner within each visa class, in accordance with each Consular section’s capacity.

I would advise listeners to refer to the guidance on the NVC Immigrant Visa backlog report website to view the worldwide data count of applicants which have been processed by NVC. Then that will determine how many have become documentarily complete. NVC and the overseas posts are trying to get to all the appointments and applicants as quickly as possible. It’s being done in chronological order and basically, they’re having to catch up on cases that could have been scheduled as far back as March 2020.

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Welcome back to Visalawyerblog! In this blog post, we will cover the release of the August 2021 Visa Bulletin and what you can expect for employment based and family preference categories during the month of August.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

If you would like to follow along on each month’s progress for the Visa Bulletin please be on the lookout for the next “Chats with Charlie” on the DOS YouTube Channel, a monthly series recently launched by the State Department where Charlie Oppenheim, Chief of the Immigrant Visa Control & Reporting Division of the U.S. Department Of State, answers your frequently asked questions regarding each month’s Visa Bulletin.


Adjustment of Status Filings for those lawfully residing in the United States


Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS must use the “Final Action Dates” charts to determine when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website www.uscis.gov/visabulletininfo that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin.


Adjustment of Status Filing Chart August 2021


For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, in the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” on the Final Action Dates chart. This means that applicants in the F2A category only may file using the Final Action Dates chart in the Department of State Visa Bulletin for August 2021.

For all other family-sponsored preference categories, applicants must use the Dates for Filing chart in the Department of State Visa Bulletin for August 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 August 2021.

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Welcome back to Visalawyerblog! It is the start of a brand-new week, and we are excited to bring you the latest updates in immigration news.


Biden Administration Launches Nationwide Initiative to Promote Citizenship


On July 2, 2021, the Biden administration and the Department of Homeland Security announced a joint nationwide initiative to encourage long time permanent residents to take the plunge and become U.S. Citizens. The President’s campaign known as the Interagency Strategy for Promoting Naturalization, aims to promote naturalization to all who are eligible, consistent with President Biden’s February 2nd Executive Order 14012 “Restoring Faith in our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.”

Through joint efforts, USCIS, the Department of Homeland Security, and the Biden administration will work together to empower permanent residents to pursue their citizenship opportunities, by leading community outreach efforts to the more than 9 million estimated green card holders living in the United States.

The Naturalization Working Group (NWG) is the agency that will be primarily responsible for implementing this initiative. The NWG will be tasked with developing strategies to promote naturalization through citizenship education and awareness by establishing partnerships with the local community. The Group maintains the following goals and outcomes to bring the President’s agenda to fruition:

  • Raising awareness of the importance of citizenship
  • Promoting civic integration and inclusion
  • Providing immigrants with opportunities and tools to become fully engaged citizens
  • Building community capacity to prepare immigrants for citizenship
  • Eliminating sources of fear and other barriers that prevent individuals from accessing available naturalization service and
  • Advancing and ensuring equity through the citizenship and naturalization processes, including on the basis of race, disability, language access, national origin, gender, gender identity, and sexual orientation, providing support to traditionally underserved communities

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