Articles Posted in NVC

cuba-gc1c4b3bcc_1920

We kick off the start of a brand-new week with very good news for Cuban nationals.

The U.S. Citizenship and Immigration Services (USCIS) recently announced that it will be resuming operations under the Cuban Family Reunification Parole program also known as CFRP starting with pending CFRP applications.

CFRP processing was suspended due to the significant decrease in U.S. government personnel at the U.S. Embassy Havana in 2017 and the closure of the USCIS field office in Havana in 2018.


What is the Cuban Family Reunification Parole?


Cuban Family Reunification Parole is a program that was created in 2007 to allow certain eligible U.S. citizens and lawful permanent residents (LPRs) to apply for parole for their family members in Cuba. If granted parole, family members can come to the United States without waiting for their immigrant visas to become available. Once in the United States, CFRP Program beneficiaries may apply for work authorization while they wait to apply for lawful permanent resident status.


Who is eligible?


You may be eligible to apply for parole for your relatives in Cuba under the CFRP program if:

  • You are either a U.S. citizen or LPR;
  • You have an approved Form I-130, Petition for Alien Relative, for a Cuban family member;
  • An immigrant visa is not yet available for your relative; and
  • You received an invitation from the Department of State’s National Visa Center (NVC) to participate in the CFRP Program. 

To be eligible, the principal beneficiary must:

  • Be a Cuban national living in Cuba; and
  • Have a petitioner who has been invited to participate in the CFRP Program.

You cannot apply for CFRP until you are invited to do so by the National Visa Center. Additionally, you cannot self-petition for the program.

Continue reading

confused-gda7145471_1280

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.

Continue reading

daniel-schludi-mAGZNECMcUg-unsplash-scaled

We are excited to share with you some new updates regarding the immigrant visa backlog.

On May 25, 2021, the U.S. Department of State: Bureau of Consular Affairs, hosted a live YouTube Question and Answer session with Neal Vermillion, Division Chief at the U.S. Visa Office of the Bureau of Consular Affairs, where he discussed how Consular sections have been prioritizing cases during the phased resumption of visa services, and information about the status of the current immigrant visa backlog worldwide.

Neal Vermillion works directly with the Office of Field Operations, which is a government agency that provides guidance to Consular sections including Embassies and Consulates around the world. He has worked with the Department of State since the early 2000’s in various roles and has invaluable expertise on visa operations at Consular sections around the globe.

In this post, we will share with you the highlights of this session which you may find useful to determine the progress of your visa and what you can expect with regard to visa processing in the coming months.


DOS Q&A Session with Neal Vermillion: Immigrant Visa Backlog Q&A



Neal’s Introductory Remarks

I would first like to say a few remarks before we get to that question and the other specific ones. In terms of the history, here we are almost June 2021. Those of you that follow our immigrant visa processing overseas know, we actually shut down due to the pandemic. Visa processing shut down for several months last year at this time, and we really didn’t start the reopening process until July of last year. This is one significant factor that is leading to this backlog discussion that we are having today.

Another point I want to highlight that is another prong of why we are where we are is, you may recall, last spring as well, then President Trump signed Presidential Proclamation 10014, which President Biden rescinded in late February of this year, but that Proclamation prevented the issuance, even when we were open and our Consular sections were processing some visas, that prevented the issuance and travel of many many different types of immigrant visas.

A third prong as we’re talking about Presidential Proclamations, is … some of you may be aware, there are actually still in effect geographic Proclamations, as we call them, which basically are again Presidential Proclamations that have been issued to help protect the homeland, protect health and security.

Continue reading

anthony-kind-mppp-DLNEC4-unsplash-scaled
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.

woman-3187620_1920

Happy Monday! Welcome back to Visalawyerblog! In this blog post, we bring you a 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 the suspension of routine visa services at the U.S. Embassy in Moscow, Russia.

As you may recall, during March of last year, in an unprecedented move, the Department of State made the decision to suspend all routine visa services at U.S. Embassies and Consulates worldwide, in response to significant worldwide challenges posed by the COVID-19 pandemic.

Thereafter in July of 2020, U.S. Embassies and Consulates began a phased resumption of routine visa services, but only on a post-by-post basis as resources and local conditions would allow.

In reality routine visa services at the majority of U.S. Embassies and Consulates have remained suspended with posts granting appointments only for emergency and mission-critical services.

Due to these visa suspensions, K visa applicants have been unable to proceed with visa issuance, with many applications sitting idle at the National Visa Center (NVC) waiting to be forwarded to the local Consulate for interview scheduling.

Most recently K visa applicants expressed their frustrations by filing a class action lawsuit known as Milligan v. Pompeo in an effort to force visa interview scheduling.

Continue reading

feel-free-3566550_1280

The Coronavirus pandemic has created new obstacles and challenges for immigrants applying for visas at U.S. Consulates and Embassies worldwide. Since the Department of State first announced the phased resumption of routine visa services on July 14, 2020, applicants were thrown into a state of chaos and confusion.

Global conditions have only moderately improved in some regions, while in others they have worsened. This has caused the majority of U.S. Embassies and Consulates to remain shuttered to the general public. As it stands, very few Consular posts and Embassies have resumed scheduling of visa interviews. In the vast majority of cases, posts are only scheduling interviews and issuing visas for those with emergencies and those who qualify for expedited visa issuance.

Unfortunately, there is no specific date for when each mission will resume routine visa services, nor when there will be a sense of normalcy in the operations of U.S. Consulates and Embassies.

Our office has determined that one of the few ways to break through this state of limbo is to submit an expedite request with the National Visa Center. However not everyone will qualify to submit an expedited visa request.

Why aren’t spousal visas cases moving forward?

In normal circumstances once the spouse of a U.S. Citizen is documentarily qualified by the National Visa Center, the file is forwarded to the U.S. Embassy or Consulate near the foreign spouse and prepared for interview scheduling. The NVC is an important agency because it acts as an intermediary to prepare a case for the eventual interview stage.

Since March of this year, files have not been able to move past the NVC stage and have remained with the agency in a sort of “limbo,” given that the majority of U.S. Consulates and Embassies are not opening visa interview slots for applicants until further notice.

As a result, NVC has accumulated a large number of spousal visa cases that are unable to proceed until more Consular posts begin to open their calendars.

Continue reading

people-2571963_1920

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 immigrant visa (CR-1) to help him reunite with his U.S Citizen spouse in the United States.

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 619-819-9204. 

Suspension of Routine Visa Services Continues at Most Consulates Worldwide

As our readers will know, the ongoing coronavirus pandemic has made it extremely difficult for immigrants residing abroad to secure appointments for visa interviews at U.S. Consular posts and Embassies worldwide.

While some Consulates and U.S. Embassies have resumed routine visa services, these are very few and far in between. At the moment, routine visa services are only available on a “post-by-post” basis as individual country conditions permit operations to return to normalcy. For the most part, Consulates and Embassies have not been able to provide specific dates regarding when each post will completely resume routine visa services. This has left many immigrants in a state of uncertainty during what is already a very difficult time in our history. Many family members remain apart for extended periods of time with no end in sight.

Despite these limitations however, Consulates and Embassies are continuing to accommodate emergency and expedite requests for applicants with urgent matters who need to travel immediately. Where an applicant has been documentarily qualified by the National Visa Center, a U.S. Citizen petitioner may submit a request with the NVC to expedite the consular interview based on extreme hardship to the U.S. Citizen. Extreme hardship to a U.S. Citizen spouse can be demonstrated in several ways including where the USC is suffering from a disability or severe medical and/or psychological condition.

Our Client’s Situation

Amid this backdrop, our client came to us in a state of desperation. Our client had petitioned to immigrate her husband to the United States under the CR-1 category. The good? Her husband was already documentarily qualified by the NVC. The problem? Unfortunately the U.S. Embassy in Islamabad, Pakistan refused to grant him an interview due to the general suspension of routine visa services.

Continue reading