Articles Posted in Embassy Closures

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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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We are excited to report some happy news for immigrant visa applicants and fiancé(e)’s of U.S. Citizens, who were previously subject to the COVID-19 Regional Presidential Proclamations, known as Presidential Proclamations 9984, 9992, 9993, and 10041.

Together, these Proclamations restricted and suspended the entry into the United States, of 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. The COVID-19 Regional Proclamations were issued by the Trump administration beginning in January of 2020 to combat the rise of Coronavirus cases throughout the world.

Today, April 8, 2021, the Department of State published an announcement informing the public that the Secretary of State has now determined that travel to the United States, on an immigrant visa or fiancé(e) visa, is in the national interest for purposes of granting exceptions under the geographic COVID-19 Presidential Proclamations known as P.P. 9984, 9992, 9993, and 10041.

Pursuant to this new announcement, immigrant visa processing posts may now grant immigrant visas and fiancé(e) visas to applicants otherwise eligible, notwithstanding these proclamations. This means that the travel restrictions previously in force under Presidential Proclamations 9984, 9992, 9993, and 10041, will no longer apply to immigrant and fiancé(e) visa applicants physically residing in the Schengen Area, Brazil, China, the United Kingdom, Ireland, South Africa, and Iran. As a result, such immigrant and fiancé(e) visa applicants will now be eligible to obtain their visas without the added hurdle of overcoming the COVID-19 Presidential Proclamations.

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The Department of State has released the visa bulletin for April 2021 outlining the availability of immigrant visa numbers for the upcoming month.

NOTE: Adjustment of Status Filing Charts April 2021

USCIS has not yet advised the appropriate cut off date chart for acceptance of adjustment of status applications filed with USCIS in the month of April. Please keep checking back to the USCIS website for more information, since we do not yet know if adjustment applications will be based on the Final Action dates chart, or on the Dates for Filing Chart.  

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We are pleased to report that the Department of State has issued new guidance following President Biden’s rescission of Presidential Proclamation 10014, entitled “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.”

As you may recall, President Biden issued an executive order rescinding Proclamation 10014 on February 24, 2021.

The Department of State is now providing instructions for immigrant visa applicants who were previously impacted by the Proclamation.

Instructions for Immigrant Visa Applicants

Those Not Yet Interviewed:  Immigrant visa applicants who have not yet been interviewed or scheduled for an interview will have their applications processed according to the existing phased resumption of visa services framework being followed by the Department of State.

How will the resumption of visa services be prioritized?

According to DOS, the resumption of routine visa services, prioritized after services to U.S. citizens, will occur on a post-by-post basis, consistent with the Department’s guidance for safely returning personnel to Department facilities.

At the moment, U.S. Embassies and Consulates are providing emergency and mission-critical visa services and will continue to do so. As post-specific conditions improve, each mission will decide when it can begin to provide additional services. Eventually each mission will gradually restore a complete resumption of routine visa services. However, Consular posts have not provided any specific date as to when they will resume normal operations.

Those Previously Refused:  Immigrant visa applicants whose petitions remain valid and who were previously interviewed but refused visas due to P.P. 10014 should wait for instructions from the U.S. embassy or consulate where they were interviewed.  According to DOS guidance, Consulates will reconsider cases that were previously refused because of P.P. 10014 and will inform applicants if additional information is needed from them.

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Source: Flickr Creative Commons License, Gage Skidmore

In this blog post, we bring you some long-awaited news. In a much-anticipated move, the Biden administration decided on Wednesday, February 24, 2021, to immediately revoke Presidential Proclamation 10014, a controversial order passed under former President Donald Trump that halted the issuance of most U.S. visas at Consulates and Embassies worldwide.

Our office has known since early January that the Biden administration was planning to revoke this Proclamation, and yesterday the rumors were finally put to rest.

Presidential Proclamation 10014 is no more.


What was Presidential Proclamation 10014 about?


P.P. 10014 essentially imposed a 60-day ban on the issuance of visas for most immigrant and nonimmigrant visa categories. The Proclamation began on April 23, 2020 and was set to continue by President Trump until March 31, 2020.

P.P. 10014 proved to be exceedingly harmful given the wide variety of immigrants to which it applied.

Specifically, the order halted the issuance of U.S. visas for the following classes of immigrants at U.S. Consulates and Embassies worldwide as of the date of the proclamation (April 23, 2020):

  • Spouses and children of green card holders (US citizens were not affected) applying at the consulate
  • Parents of US citizens applying at the consulate
  • Brothers and sisters of US citizens applying at the consulate
  • Sons and daughters (meaning over 21 years old) of US citizens applying at the consulate (children under 21 years old of US citizens were not affected)
  • Sons and daughters (meaning over 21 years old) of green card holders applying at the consulate
  • EB1A extraordinary abilities and their family applying at the consulate
  • PERM EB3, PERM EB2, NIW employment based and their family applying at the consulate
  • EB4 religious workers immigrants applying at the consulate
  • H1B and H4 dependents applying at the consulate
  • L1 and L2 applying at the consulate
  • J1 applying at the consulate  

Individuals residing in the United States and those who had a valid visa or travel document to enter the United States, on or before the date of the proclamation, were not impacted.

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Welcome back to Visalawyerblog! In this post we bring you some breaking news about what you can expect to see from the Biden administration with respect to immigration in the coming days.

Tomorrow January 29th President Biden is expected to issue several important executive orders and memorandums aimed at reversing former President Trump’s damaging policies on immigration.

It is rumored that as part of these new orders, the President will be rescinding Proclamations 10014 and 10052.

As you may recall, Proclamation 10014 established a 60-day ban on the issuance of visas worldwide for a wide variety of immigrants including those who (1) were outside of the United States as of April 23rd and (2) who did not have a valid immigrant visa or official travel document as of that date.

Prior to its expiration, the President signed Proclamation 10052 to extend enforcement of Proclamation 10014 and expanded the categories of immigrants affected.


Overview of Proclamation 10014


When Proclamation 10014 was first issued on April 22, 2020, it rocked the world of immigration because of the wide variety of immigrants that were swept up in its grasp.

Among those impacted were the following classes of immigrants applying for a visa at a United States Consulate or Embassy abroad from April 23, 2020 to the present:

  • Spouses and children of green card holders (US citizens were not affected) applying at the consulate
  • Parents of US citizens applying at the consulate
  • Brothers and sisters of US citizens applying at the consulate
  • Sons and daughters (meaning over 21 years old) of US citizens applying at the consulate (children under 21 years old of US citizens were not affected)
  • Sons and daughters (meaning over 21 years old) of green card holders applying at the consulate
  • EB1A extraordinary abilities and their family applying at the consulate
  • PERM EB3, PERM EB2, NIW employment based and their family applying at the consulate
  • EB4 religious workers immigrants applying at the consulate
  • H1B and H4 dependents applying at the consulate
  • L1 and L2 applying at the consulate
  • J1 applying at the consulate  

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