The Department of State (“DOS”) published its updated fee schedule for Consular Services – Nonimmigrant and Special Visa Fees. Beginning May 30, 2023, there will be an increase in fees charged for nonimmigrant visas (“NIVs”) and border crossing cards (“BCCs”). The good news is that the fee increases are less than “originally proposed for all categories of NIVs.”
Read more5 Things to Remember Before You Travel Internationally this Holiday Season
As the holidays approach doesn’t it seem as if things are moving at warp speed? If you are like me, you have several lists going: work projects to finish before the end of the year, gifts to purchase, cards to send, things to pack, and more! As we have in prior years, we thought it would be helpful to give foreign nationals who are traveling internationally one additional list (sorry) to ensure all goes as smoothly as possible and that you can enjoy the holiday season without being overly worried about immigration status and visa stamps. Now that we’ve made this list, make sure you check it twice (as the song says)!
Read moreTIME: “8-Year-Old Indian Lion Actor ‘Disappointed’ After Being Denied US Visa to Attend Film Premiere”
Joining a long list of individuals who have been denied visas for entry into the US or had problems with customs and immigration when entering the US, eight-year-old Mumbai actor Sunny Pawar has twice been denied a visa to attend the US premiere of the film Lion. Sunny plays a significant role in this film starring Dev Patel and Nicole Kidman about a lost Kolkata boy who is separated from his family and is eventually adopted by an Australian couple. The movie is based on the nonfiction book A Long Way Home by businessman Saroo Brierley, who rediscovered his childhood life and home in India as an adult in Australia.
According to the film’s distributor, the Weinstein Company, the US Consulate in Mumbai denied the visa Sunny needed to travel to America for the film’s premiere twice without offering an explanation. “We have been back and forth to the embassy many times and have not yet been able to get our Visas,” Dilap Pawar, Sunny’s father, tells TIME. The family and the Weinstein Company say they began the visa application process a month ago, and after the first interview, the family was still hopeful even though the visa had been denied. They were still hopeful at the second interview about Sunny’s chances for coming to the US to join the film’s promotional efforts and attend the premiere on November 25.
The consular officer requested an additional itinerary, stating that “we are trying are [sic] best to get you to the United States as soon as possible. Congratulations Sunny! on the success of your film.” Given the time constraints, Sunny will likely miss his chance. “It doesn’t look like we will make it in time for the Los Angeles premiere,” Pawar says in his statement. “Me and Sunny are very disappointed. I know it will bring him such joy to see the movie and see his friends from the cast. We hope we can make it there soon—we will do whatever we can.”
Sunny joins such prominent actors and individuals as Shah Rukh Khan, the “King of Bollywood,” and India's Prime Minister, Narendra Modi, who have been either denied a visa or had trouble entering the US. Attorney David Boies, working with the Weinstein Company on this case, tells TIME in a statement: “Lion is a true story of love, inclusiveness, and human commitment unbounded by race, religion, or ethnicity. The government’s preventing the 8-year-old star of that movie from visiting this country shows how much we need to be reminded that those are our nation’s core values.”
Nicole Quenqua, head of publicity at the Weinstein company, also says of Sunny: “His performance is heart-shattering, and we want him to be a part of this. He’s never even seen his little face on the humongous movie screen or seen the reaction to his work. We’ve been promoting the film without him and it feels very incomplete.” The US Consulate in Mumbai did not respond to TIME’s request for comment.
Top 10 “Quick” Immigration Questions (Spoiler Alert: The Answers are Rarely Quick!)
As an immigration attorney much of my day is spent answering “quick” questions from current and potential clients. I know their heart is in the right place when they ask what they think will be a simple question, so I try to be gentle when I break the news that answers are frequently much more complicated than the questions when it comes to immigration law. So, I thought it might be useful (and interesting) to discuss some of the most common ones. (As always, this post is for informational purposes only and should not be taken as legal advice. We strongly recommend consulting an experienced immigration attorney for legal advice and guidance.)
Read moreThe Nonimmigrant Visa Interview - What to Expect
One of the fastest changing areas of immigration law has been the consular nonimmigrant visa application process. What used to be a one-page application and a fairly routine mail-in process has now become an eight-page online form and a fairly rigorous interview process. Where consular officers used to engage with lawyers about their clients’ visa applications, consular officers are now shielded by layer upon layer of administration. Where consular officers used to review papers presented at the interview as part of their adjudication, they now rely more and more on individual applicants articulating the merits of their cases. Certainly some of the new measures are justified but what it means for individual visa applicants is that they will need to carefully prepare their DS-160 visa application form and be prepared for their interview. We have already addressed some of the idiosyncrasies of the DS-160 form, so in this post we hope to provide some simple tips and guidelines for the interview.
Read more8 Common Questions Foreign Nationals Have When Changing Visa Sponsors/Employers
As immigration attorneys, one scenario we frequently encounter is where foreign nationals part ways with the US company that sponsored their nonimmigrant visa. Regardless of who initiated the change, terminating employment/representation with the US company sponsoring the foreign national's visa requires immediate attention, ideally well before the change is to take place. It can be stressful for everyone involved. To allow all parties involved to prepare for and understand the implications, we have compiled some of the most frequently asked questions from foreign nationals.
Read more10 Ways to Be Proactive and Avoid Stressful Immigration Situations
Immigration applications and interviews are stressful! As an immigration lawyer and an immigrant, I know the anxiety and pressure firsthand. Collecting information for an application is time consuming; enduring delayed visa applications can be frustrating; and being refused admission at a port of entry or being denied a visa can be disastrous. Most of these can be minimized and some avoided altogether with some advance planning. Here we try to identify some essential things foreign nationals can do to remain in valid immigration status and avoid problems.
Read moreHow to Read a US Visa Stamp
Congratulations—if you are reading this, chances are you are the proud holder (or soon-to-be-holder) of a shiny new US visa stamp! Or maybe you’re just curious—that’s fine too.
For those foreign nationals who have a visa stamp, it is crucial to understand what it is, what it does, and what everything on it means. This may seem straightforward, but given all the acronyms and abbreviations (not to mention occasional administrative errors), this can easily become confusing.
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