Ten Tips for Smoothly Scheduling a Visa Appointment at the US Embassy in London

On July 26, 2013, the US Embassy Consular Section in the United Kingdom transitioned to a new appointment service for applicants applying for a visa to come to the US. Whereas previously applicants called to schedule their appointment, this new appointment service is online and coordinated through Computer Sciences Corporation (CSC), a third-party company. For applicants who have decided to handle the visa appointment themselves, here are ten tips to help with the process:

1.  During the appointment scheduling process, first-time users of the CSC website must create an online profile before an appointment can be scheduled.

2.  There is no additional scheduling fee to book the visa appointment through the CSC appointment website (there used to be a $16 fee to schedule appointments by phone). 

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Automated Kiosks at JFK Terminal 4 Significantly Decrease CBP Wait Times

Anyone who has entered the US internationally knows that the lines for US Customs and Border Protection (CPB) screening can often be very long. When Global Gateway Alliance (GGA), a trade organization established to address the challenges faced by the New York City metropolitan region’s airports and related infrastructure, and the U.S. Travel Association conducted a study of wait times at JFK’s US CBP screening, they showed extreme wait times for passengers arriving back into the United States. GGA reported some waits of up to 5 hours!  

The solution (partly financed by Delta Air Lines) was to bring in forty Automated Passport-Control (APC) kiosks to JFK’s Terminal 4. JFK is the busiest US entry point for international passengers and thus a perfect place for the technology to be tested. Upon arrival at Terminal 4, US Citizens are directed to the option of using the APC kiosks while foreign nationals are directed to the standard lines for inspection and Global Entry registered customers are directed to a separate lane to use the Global Entry kiosks. US Citizens are directed to the option of using the APC kiosks where they can scan their US Passport and follow the prompts to answer a few questions. A photo is taken and a receipt printed. The receipt is then handed to a CBP Officer at a booth.  

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BusinessWeek: "To Fix Immigration, Improve U.S. Education and Link Visas to Employer Needs"

Whatever the end results of comprehensive immigration reform, Harold L. Sirkin, a Chicago-based senior partner of The Boston Consulting Group (BCG) and professor at Northwestern University’s Kellogg School of Management, points out that this reform should also address the labor needs of US businesses:

The success of many U.S. businesses, as we have noted before, depends on the availability of talent. According to government statistics, the average high-skilled manufacturing worker in the U.S. is in his or her late 50s. If the baby boomers continue to retire at present rates, and manufacturing continues to grow as we project, America could face a significant shortage of skilled workers in the years ahead. Many companies already are having trouble filling certain job vacancies.

The solution, Sirkin says, is to 1) update the US education system so that US workers can fill these positions; and 2) also hire qualified foreign workers. Particularly, he argues that the H-1B cap should be tied to labor needs, not politics (Protima also discussed this in her post on the immigration reform bill). SIrkin states: "Failing to include labor force demand as part of a solution to the immigration problem means our companies will be at a competitive disadvantage in talent development." Sirkin's post is a reminder that immigration reform is not only about undocumented immigrants (however important this issue is) but also about the needs and vitality of US businesses.

The Immigration Consequences of Alcohol-Related Driving Incidents

Drunk driving, driving while intoxicated (DWI), and driving under the influence (DUI) of alcohol are responsible for thousands of deaths every year in the United States, and are considered to be serious threats to public health and safety. It is therefore not surprising that the US Government has passed laws designed to deter and punish those who operate motor vehicles under the influence of alcohol. Immigration law is no exception. Foreign nationals who have been arrested for or convicted of offenses related to drunk driving, DWIs, or DUIs (whether in the United States or abroad) can expect substantial delays in the processing of their visas and at ports of entry, as well as in their efforts to procure a Green Card here in the US. They also face barriers to citizenship, and depending on their status, removal (deportation) from the US. We here address some of the most common questions that arise in this context.

I have a DUI conviction and wish to come to the United States on a temporary visa. Will this conviction bar me from entering the US?

Possibly. Under US immigration law, a foreign national can be found “inadmissible” for a number of reasons. Among these is having committed or been convicted of a “crime involving moral turpitude.” Under settled law (i.e., a firmly established and undisputed law or court decision), a simple DUI conviction does not constitute a crime involving moral turpitude; however, a DUI conviction that involves aggravating factors, such as knowingly driving with a suspended license or a DUI while children are in the vehicle, or a DUI that results in death or injury of another, may be found to involve moral turpitude and therefore bar admission to the United States.

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Art Basel: Miami

Art F City reports from the international art show: "For the most part, art was selling fast and early. By midday, 'Devil’s Gate,' one of Damien Hirst’s cases of insect specimens (art fair stalwarts) had gone for $1.9 million at White Cube, and a large pumpkin by Yayoi Kusama (who has a show up now in New York) for $600,000 at David Zwirner."

The NY Observer Gallerist has a photo gallery of the show, and The New York Times profiles Juan Yarur, one of Chile's most prominent art collectors, who is "one of many art collectors in South America who were introduced to the international art world at Art Basel in Miami Beach..." as well one of the many South Americans who are part of the emerging market on that continent. In addition, a painting by Phil Fung in Miami was stolen. Artist Arnaud Pages to the reporter: "'Look, you guys are talking about it. It’s publicity for him you know?...If he was really smart, he probably stole it himself to get the publicity.'”

NY Daily News: "Same-sex couples in NYC celebrate green cards after long battle"

After spending two decades as an undocumented immigrant, Venezuelan-born playwright Pablo Garcia (who overstayed his immigration status to be with his US-citizen husband Santiago Ortiz) has received his Green Card. The NY Daily News reports:

For most of their long relationship, Ortiz, 57, a retired school psychologist, was unable to sponsor Garcia — and being unable to leave the U.S. and return meant Garcia missed both of his parents’ funerals.

Their situation changed in June, when the Supreme Court struck down a federal law against gay marriage. Months later, some of the first same-sex New York City couples — including Garcia and Ortiz — have now been granted immigration benefits like permanent residency.

The article includes two other same-sex couples where one of the spouses has received a Green Card as a result of the DOMA repeal.

USCIS has a helpful Q&A regarding how the DOMA repeal applies to immigration cases. While the release states USCIS will work internally to identify and re-open cases (including the I-130 Petitions for Alien Relative, I-485 Adjustment of Status Applicants, and I-765 Employment Authorization Applications) denied solely based on DOMA section 3, it includes instructions for contacting USCIS to "alert" them of such cases. Importantly, the release notes: "For denials of I-130 petitions that occurred prior to February 23, 2011, you must notify USCIS by March 31, 2014, in order for USCIS to act on its own to reopen your I-130 petition."

USCIS also states regarding same-sex married couples who reside in a state where such a marriage is not recognized: "As a general matter, the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes...The domicile state’s laws and policies on same-sex marriages will not bear on whether USCIS will recognize a marriage as valid."

P-1 Fact Pattern: The Hungarian Dolls

This is a fictional fact pattern case study for the purposes of providing general legal information. No Daryanani & Bland client information is used or revealed and any similarity to real people is entirely coincidental.

MICKEY: Hi, Sienna. It’s Mickey. If you remember, I’m a manager with the Heater Group, a talent agency in LA. You helped one of our artists get a work visa before, and now I just signed on to manage a fantastic girl group from London. We want to bring them over here to the US to start touring as soon as possible. 

MICKEY: They’re called The Hungarian Dolls, and it’s five women: Allison is the best singer and the face of the group, known as Hot Doll. Katrina is the youngest member. She's quiet so we named her Shy Doll. Tara is our best dancer. She’s called Fierce Doll. Samantha is originally from Russia and exudes self-confidence so she’s referred to as Vixen Doll. Then there’s Anka, the oldest member of the group. She has truly seen it all. She's Crazy Doll. Can they just come to the US under the visa waiver program to perform?

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My Thanksgiving Traditions

Thanksgiving is, of course, a very American holiday (sorry, Canada), and we thought it¹d be interesting to ask the diverse staff at the firm to describe their Thanksgiving traditions. We wish you and your family a wonderful Thanksgiving!

Ada Biewald, Bookkeeper
Our tradition is to be partially untraditional. We have smoked ham instead of turkey, but with stuffing, together with all trimmings of mashed and sweet potatoes, homemade cranberry sauce, and baked apples with cinnamon. No one leaves before the apple and pecan pies are served. I remind our children each year how lucky and thankful we must be to live in the great USA!

Gentiana Bitri, Paralegal
Thanksgiving is not a European holiday, so I didn't know really anything about it before I came to the US. The upcoming one will be the first Thanksgiving holiday ever in my life, and I already asked my mother if she is planning to prepare the traditional turkey and any other US goodies, most notably pumpkin pie. It looks like I am going to have a great Thanksgiving holiday, finally with my family!

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Fast for Families

We previously mentioned Rev. Samuel Rodriguez's fast for immigration reform, and he is not the only one. Activists with Fast for Families are fasting (no food or drink, except water) to "follow the examples of Cesar Chavez, Martin Luther King Jr. and Mahatma Gandhi to touch the compassion and sensibilities of our elected leaders to address the moral crisis of an immigration system that fails to comport with our national values, our creeds and belief in justice." Last Friday Vice President Joe Biden visited the group at their tent on the National Mall. Other visitors have included Rep. David Valadao (R-CA), activist Gloria Steinem, Secretary of Labor Tom Perez, Secretary of Agriculture Tom Vilsack, House Minority Leader Nancy Pelosi (D-CA), Representative Denham (R-CA) and Reverend Jesse Jackson (who committed to a three day fast in solidarity). The fasting leaders, including among others Eliseo Medina, a prominent labor organizer, Sang Hyug Jung, a Korean immigrant and father of two DACA children, and Cristian Avila of Mi Familia Vota, are fasting "until they are medically prevented from continuing their efforts." FOX News reports the fast is spreading across the country.

UPDATE: President Obama and the First Lady visited. And the fast for four of the activists, who have been fasting on the National Mall since November 12, has ended.