Visa Lawyer Blog

Articles Posted in Vaccines

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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 post, we give you the rundown on the most exciting immigration updates recently announced by the United States Citizenship and Immigration Services (USCIS).

These announcements provide important information for applicants including, extended flexibility policies for responding to Requests for Evidence, new COVID-19 vaccination requirements for green card applicants, automatic 24-month extensions of status for petitioners who have properly filed Form I-751 Petition to Remove Conditions on Residence or Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status starting September 4, 2021, and continuance of TPS designations for nationals from certain countries.

The Rundown: What do I need to know about these new updates?

USCIS RFE/NOID Flexibility Continued for Responses to Agency Requests

USCIS has announced that it will continue its flexibility policy giving applicants and petitioners more time to respond to Requests for Evidence during the COVID-19 pandemic. On September 24, 2021, USCIS made the announcement that it will continue to grant applicants who have received a request for evidence, notice of intent to deny, or such a related document, an additional 60 calendar days after the response deadline indicated on the notice or request, to submit a response to a request or notice, provided the request or notice was issued by USCIS between March 1, 2020 through January 15, 2022. This is great news because it will allow applicants and petitioners more time to gather documents that are hard to obtain during the COVID-10 pandemic.

What documents qualify for this flexibility in responding?

Applicants who receive any of the below mentioned documents dated between March 1, 2020 and January 15, 2022 can take advantage of the additional 60 days to respond to the request or notice:

  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind;
  • Notices of Intent to Terminate regional investment centers; and
  • Motions to Reopen an N-400 pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, if:

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In this blog post we share with you some breaking news for green card applicants applying for adjustment of status on Form I-485, as well as those applying for immigrant visas from abroad.

As part of the green card process, USCIS and the Department of State require applicants to undergo a medical examination with a doctor designated as a civil surgeon, to establish that the applicant is not inadmissible to the United States on public health grounds.

According to new guidelines released by the Centers for Disease Control, beginning October 1, 2021, green card applicants will now be required to establish that they have received a complete COVID-19 vaccine series, in order to be deemed eligible for permanent residence. Following the release of this new guidance, COVID-19 was added to the list of vaccinations required of those seeking U.S. lawful permanent residence.

The new vaccine requirement will apply to routine medical examinations necessary for both adjustment of status applicants applying for green cards in the United States and immigrant visa applicants applying at U.S. embassies and consulates abroad.

Who must take the COVID-19 vaccine?

All applicants (1) applying for I-485 adjustment of status (a green card) or (2) those applying for an immigrant visa abroad, who will receive their medical examination from a Civil Surgeon or Panel Physician on or after October 1, 2021, will be subject to this requirement and are encouraged to complete a COVID-19 vaccine series as soon  as possible.

Eligible applicants must complete the COVID-19  vaccine  series if  a  COVID-19  vaccine  listed  for  emergency  use  by  the World  Health  Organization  (WHO)  or  licensed  or  authorized  for  emergency  use  by  the  U.S. Food  and  Drug Administration  (FDA)  is  available  to  the  applicant  in  the  country  where  the  medical  examination  is  conducted.

How can I show that I have met the vaccine requirement?

Applicants must complete the COVID-19 vaccine series and provide documentation of vaccination to the civil surgeon in person before completion of the medical examination.  The COVID-19 vaccination requirement will differ from previous requirements in that the entire vaccine series (1 or 2 doses depending on formulation) must be completed in addition to the other routinely required vaccines.

How long will the COVID-19 vaccine requirement be in place?

These COVID-19 vaccine requirement will be in place until the CDC determines the vaccine is no longer needed to prevent the importation and spread of COVID-19.

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