Over the years I’ve seen firsthand as an immigrant and immigration attorney how the consular process has changed and evolved at US Embassies/Consulates around the world. There was a time when, for example, the only way visa applicants could schedule a consular appointment at the US Embassy in London was to call a number. You know, use a landline. Talk to a human. Online scheduling was not possible. Those days are long gone.
Read moreDepartment of State Expands Validity Period of National Interest Exceptions for Certain Travelers
On July 6th, the Department of State announced it was expanding the validity period and number of uses of the national interest exceptions (NIEs) granted to individuals traveling from countries affected by the current COVID-19 travel restrictions. Previously the NIEs were valid for one trip within 30 days of being granted. The new announcement permits multiple entries within the 12 months after the NIE is granted. The expansion is effective immediately.
The change in policy affects NIEs issued to those present in the following countries within 14 days of trying to enter the United States: Brazil, China, India, Iran, South Africa, the Schengen Area, the United Kingdom, and Ireland.
Read moreUS Citizens Abroad May Return to the US on Expired Passports through December 31, 2021
In an effort to alleviate travel related difficulties and the lengthy appointment backlogs created by the global COVID-19 pandemic at US Embassies and Consulates worldwide, the State Department in conjunction with the Department of Homeland Security announced that “U.S. citizens currently overseas whose passports expired on or after January 1, 2020, may be able to use their expired U.S. passport for direct return travel to the United States until December 31, 2021.” The State Department’s new exception for expired passports applies to adults, whose documents are valid for 10 years, and to children, whose passports expire after 5 years.
Read moreState Department Broadens National Interest Exceptions for H-1B, H-2B, L-1, and J-1 Applicants
The US Department of State (DOS) has issued guidance explaining additional ways for H-1B, H-2B, L-1, and J-1 visa applicants to overcome the travel restrictions detailed in President Trump’s June 22, 2020, presidential proclamation (PP 10052). This June 22 proclamation suspended the entry of foreign nationals into the US on H-1B, H-2B, L, and J visas until at least December 31, 2020, and also extended the suspension of entry to the US of most immigrant visa applicants through the end of the year. The DOS guidance, issued August 12, 2020, broadened the exceptions to the June 22 proclamation, but not everyone is pleased. Jesse Bless, American Immigration Lawyers Association’s (AILA) director of litigation, criticized the guidance in an interview in Forbes: “The guidance is an attempt to place new statutory requirements for these visas in violation of the Immigration and Nationality Act and, to the extent the law is ambiguous, without notice and comment to enact regulatory change.” He added: “Some may benefit, but it’s an unlawful attempt nonetheless.”
Read moreThe US Embassy and Consulates in China Have Cancelled All Visa Appointments from February 3 to February 7 and China and the United States Have Issued Travel Restrictions
The State Department announced last week that due to the coronavirus outbreak originating in Wuhan, China, the US Embassy and Consulates in China have canceled all immigrant and nonimmigrant visa appointments from February 3 through February 7 and the Embassy and Consulates are closed to the public to comply with Chinese government restrictions on large gatherings of people. The US Embassy and Consulates will resume routine visa services as soon as they are able but the State Department cannot provide a specific date at this time as to when they will re-open.
Read moreThe New York Times: “U.S. Requiring Social Media Information From Visa Applicants”
A State Department policy effective May 31, 2019, now requires visa applicants to the United States to submit information about social media accounts they have used in the past five years. The account information requested would give the government access to photos, locations, dates of birth, dates of milestones, and other personal data commonly shared on social media.
Read morePriority Dates Q&A
Once foreign nationals decide they want to stay in the United States permanently and start talking to an immigration attorney or researching the process themselves, there is a pretty good chance the term “priority date” will come up. What this term means and why it is so important to figuring out the timing involved in a Green Card case can be confusing. There are often many questions surrounding how one obtains a priority date and all the timing issues that follow. This post aims to explain how the process works, although many people may prefer not to know how the sausage is made (if you will). Tracking the backlog of cases can be painfully frustrating—especially if a foreign national’s visa category is one that is excessively backlogged. But for those who wish to know the reason behind the delays, here are some of the most frequently asked questions.
Read moreThe Hill: “Trump to establish National Vetting Center for immigrants, visitors”
President Trump signed a national security presidential memorandum last week that will establish a “National Vetting Center” to “identify potential threats to national security, border security, homeland security, and public safety.” The National Vetting Center will be run by the Department of Homeland Security (DHS), together with the Justice Department, the State Department, and other intelligence agencies. These agencies must establish the center in six months, with no additional funding.
Read morePresident Trump Issues New Travel Restrictions for Nationals of 7 Countries
On September 24, 2017, President Trump issued a presidential proclamation that details new travel restrictions targeting nationals of seven countries, including Chad, Iran, Libya, North Korea, Somalia, Syria, and Yemen, as well as places some travel restrictions or increases scrutiny for certain nationals of Venezuela and nationals of Iraq. Under this proclamation, most citizens of Chad, Iran, Libya, North Korea, Somalia, Syria, and Yemen will be banned from entering the US. Certain government officials from Venezuela who seek to visit the US will face restrictions and Iraqi nationals will face heightened scrutiny.
Read moreState Department Issues Guidelines for Revised Travel Ban
The State Department issued guidelines for the revised travel ban after the Supreme Court partially lifted orders blocking the revised ban earlier this week. The State Department announced that the partial ban would go into effect worldwide beginning at 8pm (EDT) on June 29, 2017. The travel ban affects nationals of six countries—Iran, Syria, Sudan, Libya, Somalia, and Yemen—but does not apply to any applicant who has a credible claim of a “bona fide relationship” with a person or entity in the US.
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