Visa Lawyer Blog

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Welcome back to Visalawyerblog! New developments in the world of immigration are happening on a daily basis. In today’s post we cover the status of consular services at the U.S. Embassy in Kyiv, Ukraine.

As you may know, the region has been embroiled in political turmoil with U.S. sanctions on Russia escalating. To protect Americans in the region, the Department of State has announced the departure of all diplomatic employees from the U.S. Embassy in Kyiv.

Beginning February 13th, the Embassy in Kyiv has suspended Consular visa services including interview waiver services. The Department of State has indicated that applicants who had visa appointments in Kyiv can apply for their visas in any other country in which they are physically present, so long as appointments are available. Applicants are advised to contact the U.S. Embassy or Consulate where they wish to apply to inquire about case transfers.

Those with immigrant visas that were pending in Kyiv can request a transfer of their case to another U.S. Embassy by contacting the receiving U.S. Embassy’s country to authorize and initiate the transfer. Each Embassy will have a list of requirements that must be satisfied to initiate the transfer process.

Non-immigrants and immigrant visa holders must continue to abide by the vaccination mandate in order to gain admission to the United States.

Vaccination Mandate

 Effective November 8, all non-citizen, nonimmigrant (not a U.S. citizen, U.S. national, lawful permanent resident, or traveling to the United States on an immigrant visa) airline passengers traveling to the United States, must demonstrate proof of vaccination as defined by the U.S. Centers for Disease Control and Prevention (CDC) Director Order prior to boarding a U.S. bound aircraft. More details regarding what constitutes full vaccination are available on this page of the CDC website.

All travelers to the United States, regardless of vaccination status, must show a pre-departure negative COVID-19 viral test taken within one (1) day of travel to the United States prior to boarding. This applies to all travelers – U.S. citizens, lawful permanent residents (LPRs), and foreign nationals. Additional information may be found on CDC’s website.

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In today’s blog post, we share some interesting Question and Answer responses recently provided by the Department of State’s Office of the Assistant Legal Adviser for Consular Affairs (L/CA), in a meeting with the American Immigration Lawyers Association (AILA).

The responses below provide some important insight into current immigration policies and procedures taking place amid the ongoing COVID-19 pandemic.

Here, we summarize the most interesting questions covered during the January 20 meeting:

Department of State/AILA Liaison Committee Meeting

January 20, 2022 Q & A Highlights

Q: What role do Consular sections assume when determining whether an individual is exempt from the CDC COVID-19 vaccine requirement to gain entry to the U.S.?

A: Consular sections’ role in the process is to ensure that an individual’s request for a [vaccine] exception is filled out in full, and to transmit those requests to the CDC.

Q: If consular posts are involved in transmitting information in support of a humanitarian exception to CDC, what is the process, if any, for making such a request of a consular post outside the context of a visa interview?

A: Travelers should contact the consular section of the nearest embassy or consulate using the information provided on that embassies or consulate’s website

Q: What is the Department of State doing to alleviate the substantial backlogs created by the slowdown of operations at Consular posts and Embassies worldwide?

A: The Department is planning to hire foreign service officers above attrition in FY 2022. The majority will be assigned to a consular position after initial training. Additionally, the Department continues to recruit Limited Non-career Appointment (LNA) Consular Professionals. With very limited LNA hiring in FY 2020 and a pause on LNA hiring in FY 2021 due to CA’s budgetary constraints, Consular Affairs plans to hire more than 60 LNAs in FY 2022

Consular Affairs is working with State’s office of Global Talent Management to ramp up hiring in FY 2022, but many posts will not see these new officers until the second half of FY 2022 or FY 2023, particularly for officers assigned to positions requiring language training. Increased hiring will not have an immediate effect on reducing current visa wait times. Because local pandemic restrictions continue to impact a significant number of our overseas posts, extra staff alone is not sufficient to combat wait times for interviews.

Q: Can Consular Affairs please advise regarding efforts to resume routine consular services?

A: Consular sections abroad must exercise prudence given COVID’s continuing unpredictability. The emergence of the Omicron variant has prompted countries to reevaluate plans to relax travel bans, thereby leading consular sections abroad to recalibrate plans to resume services. Some posts have already fully resumed routine services. Others, in an abundance of caution and out of concern for the health of both consular staff and clientele, are slowly reintroducing some routine services.

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We are happy for you to join us today. In this blog post we share some new updates in the world of immigration law for Diversity Visa Program selectees.

The Department of State has just released important procedures for Diversity Visa Applicants selected in the 2022 DV program with cases assigned to the U.S. Embassy in Kabul or Baghdad.

The agency is asking all such DV selectees to contact the Embassy in Kabul or Baghdad to request reassignment of their cases to another Embassy or Consulate processing immigrant visa applications abroad. Under the law, cases can be transferred to another Consular post (provided the alternate Consular post will accept them) however applicants must be physically present in the Consular district where the Embassy or Consulate is located at the time of their interview, and have permission to remain in the country by the host government for a period sufficient to complete the processing of their visa application.

Applicants may wish to contact a Congressman for assistance with the transfer of their case. Applicants should also be aware that they should first contact the alternate Embassy to confirm whether their case can be processed there. Each Consular post may have their own rules and regulations governing the DV application process.

What is the procedure for my case to be reassigned?

Under new guidance released by the Department of State, DV 2022 selectees can request reassignment by emailing KCC (Kentucky Consular Center) at KCCDV@state.gov with the subject line “Kabul/Baghdad Reassignment Request.”

To process your request, your email should include the following information:  (1)  full name, (2)  date of birth, (3) case number, and (4) the name of the embassy or consulate where you would like your case to be reassigned.  After KCC reviews your request, you will receive an email confirmation that your reassignment request was successful or, alternatively, requesting more information.  According to KCC, all emails will be reviewed in the order they are received.

When will my reassigned case be scheduled for an immigrant visa interview?

DOS guidance informs DV applicants that reassignment of their case to another embassy or consulate does not mean that it will be automatically scheduled for an immigrant visa interview.  Instead, interviews will be scheduled after the DS-260 immigrant visa application has been fully processed, your case number is current according to the Visa Bulletin, and when the reassigned embassy or consulate has an interview appointment available.

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While the global Coronavirus pandemic rages on, the government is taking careful steps to manage the ongoing health crisis while also opening the country to fully vaccinated international travelers.

Last week, President Biden made the decision to rescind Presidential Proclamation 10315, an order that previously suspended and restricted the entry of foreign nationals, who were physically present within any of the following countries, during the 14-day period preceding their entry or attempted entry to the United States:

  • Republic of Botswana
  • Kingdom of Eswatini
  • Kingdom of Lesotho
  • Republic of Malawi
  • Republic of Mozambique
  • Republic of Namibia
  • Republic of South Africa, and
  • Republic of Zimbabwe

Accordingly, as of December 31, 2021, Proclamation 10315 has been officially rescinded.

Background

President Biden had previously issued Proclamation 10315 to guard against the rapid spread of the Omicron variant in the United States. Our readers may recall that on November 26, 2021, the World Health Organization (WHO) first reported the emergence of Omicron as a variant of concern. Thereafter, the Centers for Disease Control and Prevention (CDC) recommended that the government restrict the entry of foreign nationals from regions where the variant had been reported. The above countries were identified as regions where the variant was spreading, and the government swiftly issued the Proclamation temporarily barring such travelers from entering.

According to the Biden administration, the government has now learned more about the Omicron variant and has taken appropriate mitigation efforts to combat its spread. The CDC has recommended that the government lift the travel restrictions previously imposed by Order 10315, because scientists have determined that vaccination against COVID-19 provides adequate protection against the new variant.

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Welcome back to Visalawyerblog! In this blog post we share with you an overview of the State Department’s November 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. It is with sad news that we announce that Mr. Charlie Oppenheim will soon be retiring from his position after 43 years as Chief of the Immigrant Visa Control division at the State Department. You will be greatly missed Charlie!

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 visa projections for November 2021.

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

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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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We have very interesting and exciting news to report to our readers. We are happy to report that on Tuesday, October 5, 2021, a federal judge from the United States District Court for the District of Columbia, declared that the State Department cannot use the various geographic COVID-19 related Presidential Proclamations to cease the processing of visas at Embassies and Consulates worldwide.

As our readers will know, beginning in January of 2020, to protect against the rise of COVID-19 infections in the United States, the President issued a series of Presidential Proclamations that suspended and restricted entry into the United States, of immigrants and nonimmigrants, who were physically present within the Schengen Area, Brazil, China, the United Kingdom, Ireland, and Iran, during the 14-day period preceding their entry or attempted entry into the United States.

These Presidential Proclamations did not have a termination date and have continued to be in force to the present day. The most widely discussed ban (the Schengen visa ban “Proclamation 9993,”) applied to immigrants and nonimmigrants from 26 European countries including: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. However separate visa bans have also impacted the entry of Brazilian nationals, Chinese nationals, Iranian nationals, and Indian nationals (see the list of COVID-19 travel bans listed below.)

Since the issuance of these travel bans, U.S. Consulates and Embassies worldwide have refused to issue any visas to those who do not otherwise qualify for an exemption and have been physically present in any of the affected regions during the 14-day period preceding their entry into the United States. The only way applicants have succeeded in pushing their cases forward has been by requesting a National Interest Exception from their respective Embassy.

The COVID-19 related travel bans are as follows:

  • China Visa Ban – Proclamation 9984 issued January 21, 2020 – No termination date
  • Iran Visa Ban –Proclamation 9992 issued February 29, 2020 –No termination date
  • European Schengen Area Visa Ban—Proclamation 9993 issued March 11, 2020—No termination date
  • Ireland and UK Visa Ban –Proclamation 9996 issued March 14, 2020 –No termination date
  • India Visa Ban –Proclamation 10199 issued April 30, 2021—No termination date
  • Brazil Visa Ban—Proclamation 10041 issued May 25, 2020 –No termination date

For a complete list of COVID-19 country-specific proclamations click here.

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Welcome back to Visalawyerblog! In this blog post, we will cover the release of the October Visa Bulletin 2021 and what you can expect for employment based and family preference categories during the month of October 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 “Chats with Charlie” series on the DOS YouTube Channel. 

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.

For a detailed dive into the October 2021 Chats with Charlie broadcast please click here.

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

In general, if USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, the agency will provide instructions on the www.uscis.gov/visabulletininfo webpage that applicants may use the Dates for Filing chart. Otherwise, USCIS will indicate that applicants must use the Final Action Dates chart to determine when they may file their adjustment of status application with USCIS. If a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.

Adjustment of Status Filing Chart October 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 October 2021.

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

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Welcome back to Visalawyerblog! In this blog post we share with you an overview of the State Department’s October 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.

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 visa projections for October 2021.

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

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Welcome back to Visalawyerblog! In this blog post, we bring you a new update from the U.S. Department of State regarding the status of immigrant visa processing at U.S. Embassies and Consulates overseas. Today, the Department of State released an update reminding immigrant visa applicants that consular interview appointments are being scheduled using a four-tiered system that generally triages immigrant visa applications based on a system of priority.

The update adds that where possible, Consular posts and Embassies will attempt to schedule some appointments within all four priority tiers every month. These attempts will be made to help reduce the massive backlog caused by the COVID-19 pandemic and operational constraints. The new update also carves out priority exceptions for certain healthcare workers seeking immigrant visas.

Applicants should keep in mind that public health and safety remain a paramount concern amid the COVID-19 pandemic. Consular posts and Embassies are continuing to do the best they can depending on local conditions to schedule interview appointments according to the priority schedule, taking into account restrictions on movement and gathering imposed by host country government.

It is also important to consider that posts overseas must abide by U.S. government guidance on safety in the workplace and are following social distancing protocols and safety measures which have reduced the number of applicants consular sections are able to see in a single day.  Consular sections will only resume routine visa services when it is safe to do so based on the particular geographic location.

The Department of State’s Four-Tiered Prioritization Schedule

The Department of State has said that while all immigrant visa categories are important, during the pandemic, it has been forced to make difficult decisions regarding how it will prioritize immigrant visa applications as they operate at limited capacity and work through the substantial backlogs of immigrant visa cases.

Having considered the difficult circumstances all applicants face, the Department of State has followed a guiding principle for immigrant visa prioritization, with family reunification being a top priority for the U.S. Government. The State Department’s prioritization schedule highlights Congressional objectives calling upon the agency to adopt policies that prioritize immediate relative visa applicants and K-1 fiancées of U.S. citizens, followed by family preference immigrant visa applicants.

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