Articles Posted in Embassies

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The Trump administration is bringing about more changes to the world of immigration, this time targeting the EB-5 Immigrant Investor Program.

USCIS has just announced that it is planning to revise regulations governing the EB-5 Immigrant Investor Program.

Tomorrow, the agency will be publishing a final rule in the federal register outlining these changes. The final rule becomes effective on November 21, 2019.

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Foreign nationals applying for a non-immigrant or immigrant visa at a U.S. Consulate or Embassy abroad are now required to disclose information relating to their social media presence on their online nonimmigrant and immigrant visa applications known as the DS-160 and DS-260 respectively.

These changes were introduced early last week by the Department of State. Applicants must now provide information about each social media platform they have used within the last five years, including the name of the platform, and the username or handle used on that platform.

Applicants must also provide their current email and phone number, as well as email addresses and phone numbers they have had during the last five years.

Consular officials can use information found on social media during the visa adjudication process to determine whether the individual is eligible for the visa they are requesting. If officials find any information on social media that would lead them to believe the applicant is misrepresenting their true intentions or attempting to gain entry through means of fraud or deceit, the applicant’s visa application may be denied.

In the past, the Department of State only required social media information of individuals that were flagged for further inspection and individuals posing security risks to the United States. This information was provided in a supplemental questionnaire known as the DS-5535. Now, these questions are asked directly on the DS-160/DS-260 applications.

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Exciting news for Filipino nurses. The EB-3 employment-based category will become current in July 2019 through the summer.

This means that if you have an approved PERM application that was filed by your employer, your employer may file Form I-140 Immigrant Petition for Alien Worker on your behalf. Please note that registered nurses and physical therapists are not required to go through the PERM process and may proceed straight to the I-140.

Since there will be no waiting period in July 2019 through the summer, EB-3 Filipino nurses will be able to apply for the I-140 straight away, and for their adjustment of status. Applicants who are outside of the United States, may apply for their immigrant visa at a U.S. Consulate/Embassy in their country of residence.

Important Steps

If your employer has not filed a PERM application for you, they should do so as soon as possible. The PERM requirement does not apply to registered nurses or physical therapists.

After the PERM application is approved, your employer must file Form I-140 Petition for Alien Worker on your behalf. Registered nurses and physical therapists do not need to file a PERM application, and their employers may proceed with the immigrant visa petition (I-140).

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USCIS Issues Notice Extending TPS Designation for Beneficiaries from Sudan, Nicaragua, Haiti, and El Salvador

In compliance with a court ordered preliminary injunction issued in the case Ramos v. Nielsen, USCIS has issued a notice formally announcing the automatic extension of TPS documentation for beneficiaries from Sudan, Nicaragua, Haiti, and El Salvador until January 2, 2020.

Beneficiaries under the Temporary Protected Status (TPS) designations for Sudan, Nicaragua, Haiti, and El Salvador will retain their TPS while the preliminary injunction remains in effect, provided that an individual’s TPS is not withdrawn under Immigration and Nationality Act (INA) section 244(c)(3) or 8 CFR 244.14 because of ineligibility.

DHS has further announced that it is automatically extending through January 2, 2020, the validity of TPS related Employment Authorization Documents (EADs), Forms I–797, Notice of Action (Approval Notice), and Forms I–94 (Arrival/Departure Record) (‘‘TPS-Related Documentation’’), for beneficiaries under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador, provided that the affected TPS beneficiaries remain otherwise eligible for TPS.

TPS for these countries will not be terminated unless and until any superseding, final, nonappealable judicial order permits such terminations.

Venezuelan Immigrant Visa Processing

The Department of State recently announced that the U.S. Embassy in Bogota, Colombia is now the designated primary site to process immigrant visas for residents of Venezuela. Beginning April 2019, the National Visa Center will begin scheduling Venezuelan immigrant visa interviews at the U.S. Embassy in Bogota. Appointment notices for all future immigrant visa interviews will take place at the U.S. Embassy in Bogota.

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DOS Update for Chinese H and L Visa Applicants

The Department of State recently released an update notifying the public that beginning March 1, 2019, interviews for H and L visas will only be conducted at the U.S. Embassy in Beijing or at one of the U.S. Consulates General in either Guangzhou or Shanghai.

H and L interviews will no longer be scheduled at the U.S. Consulates in Chengdu and Shenyang.

Russians May Apply for a U.S. Visa at a U.S. Visa Processing Post in China

The DOS website also provides notice to visa applicants residing in the Russian Federation:

Individuals who normally reside in Russia, but who are unable to apply for a U.S. visa in a timely manner may submit their application at one of the U.S. visa processing-posts in China. Applicants are not required to be a resident of China to apply for a visa at one of these posts, but they must be physically present in China at the time of visa application and visa interview. In-mail applications are not accepted from individuals while they are outside of China. Applicants may include a local address in China such as a hotel, a relative’s residence, or office in China when scheduling an appointment for a visa interview.

This is a good option for Russian applicants doing business in China.

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After President Trump threatened to cut American funding to the country of Honduras, if the government did not stop an immigrant caravan from making its way to the United States, both the Honduran and Mexican governments acted immediately in a concerted effort to stop the caravan from reaching the southwest border.

The message was sent to the Honduran government via the President’s favor mode of communication; Twitter, “If the large Caravan of people heading to the U.S. is not stopped and brought back to Honduras, no more money or aid will be given to Honduras, effective immediately!” tweeted the President.

Every fiscal year, the United States government sends millions in aid to the Honduran government. In fiscal year 2019, the United States plans to send Honduras $66 million in aid.

Following the president’s tweet, Guatemalan officials swiftly arrested the leader of the caravan and began the process of returning him to Honduras.

Mexican police have been deployed to the southern border ahead of the caravan’s arrival. It is estimated that approximately 1,500 Hondurans, including parents and toddlers, form part of the caravan.  Honduran officials have so far been unable to stop the caravan from crossing the border into Guatemala, where they will continue their long and perilous journey through Mexico and finally to the United States.

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DHS Statement on Family Reunification

The Department of Homeland Security recently issued a statement outlining the administration’s four-point plan to reunite minor children separated from their parents at the border. Beginning July 10, 2018, HHS and DHS will coordinate the reunification of children under 5 years of age currently in the custody of HHS, with parents who are in DHS custody.

#1 Verification of Parental Relationship

The administration will first ensure that a parental relationship with the child has been verified before reunifying the child with his or her parent. In addition, the parent must undergo a background check to ensure that reunification will not compromise the safety and welfare of the child. If a parent is found unsuitable for reunification purposes, in the course of a background check, the child will not be reunified with the parent. Parents who are in the custody of the U.S. Marshall or in a state or county jail for other offenses may not be reunified with their child.

#2 Transportation of Parents to ICE custody

Parents separated from their children will be transported to ICE custody where they will be reunited with their parents. Beginning July 10, 2018, DHS will coordinate physical reunification of minor children under 5 years of age with parents transported to ICE custody, provided the parent has been cleared for parentage and poses no danger to the child.

#3 Preparation of Children under Five Years of Age for Transportation

The Office of Refugee Resettlement (ORR) will coordinate transportation of minor children under the age of five for reunification purposes. Children will be transported under supervision and their possessions will be brought with them to ICE custody.

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On Friday, March 30, 2018, the Department of State published a 60 day notice in the Federal Register entitled “Notice of Proposed Information Collection: Application for Immigrant Visa and Alien Registration,” proposing to require immigrant visa applicants to submit five years of social media history as part of the information requested on the DS-260 Immigrant Visa Electronic Application used by applicants to schedule Immigrant Visa interviews at U.S. Embassies and Consulates worldwide. The DS-260 is an Electronic Form that is completed by immigrant visa applicants and used by consular officials to determine whether the applicant is eligible for an immigrant visa.

Specifically, the Department wishes to, “add several additional questions for immigrant visa applicants. One question lists multiple social media platforms and requires the applicant to provide any identifies used by applicants for those platforms during the five years preceding the date of the application.”

Information provided by immigrant visa applications relating to their social media will be used to enhance “vetting” of applicants to verify their identity, ensure that they meet all visa eligibility requirements, and to prevent individuals from entering the country who pose a threat to the county’s national security, or have been associated with a terrorist organization.

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Beginning April 1st New Delhi Will No Longer Process IR1/CR1 or IR2/CR2 visas

The U.S. Department of State announced via their website that the U.S. Embassy in New Delhi will no longer process IR1/CR1 visas for spouse of US Citizens or IR2/CR2 visas for unmarried minor children of US Citizens beginning April 1, 2018. Foreign nationals who are in the process of obtaining an IR1/CR1 visa or IR2/CR2 visa with an interview that has been scheduled on or after April 1, 2018, will have their interview at the U.S. Consulate General in Mumbai. We recommend that petitioners be on guard for any letters from the National Visa Center specifying the location of the intending immigrant’s interview, as well as details about how to prepare for the interview stage.

President’s DACA Deadline Passes

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As previously reported, on October 8, 2017, the United States announced the suspension of all non-immigrant visa services across U.S. Embassies and Consulates in Turkey “until further notice,” following news that a U.S. embassy official was placed under arrest without explanation and without access to counsel. This included the suspension of the issuance of: B-2 visas for temporary tourism or medical reasons, B-1 visas for temporary business visitors, F-1 student visas, E-1 treaty trader visas, E-2 treaty trader visas, and other non-immigrant visa types.

Since October 8, 2017 until just recently, no new non-immigrant visa applications were being processed in Turkey until the U.S. government could receive assurances form the Turkish government that embassy staff officials would not be detained or placed under arrest without cause, or access to counsel.

On November 6, 2017, the Department of Homeland Security and the United States Embassy in Ankara, Turkey, announced that the United States has received sufficient assurances from the Government of Turkey that employees under the diplomatic mission are not under investigation, that local staff of U.S. embassies and consulates will not be detained or arrested in connection with their official duties, and finally that the U.S. government will be notified in advance if the Turkish government plans to arrest or detain any local staff at U.S. embassies in Turkey. The announcement however provides that the United States “continues to have serious concerns about the existing cases against arrested local employees” of the Mission in Turkey and of “. . . the cases against U.S. citizens who have been arrested under [a] state of emergency.”

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