Blog Archives

Global Visa Wait Times: How Long Does It Take to Receive a Visa Interview

1/30/2025

Global Visa Wait Times

Last updated: 1-7-2025

The estimated wait time to receive an interview appointment at a U.S. Embassy or Consulate can change weekly and is based on actual incoming workload and staffing. These are estimates only and do not guarantee the availability of an appointment.

Note: Embassies and Consulates may have a separate process for visa cases where the in-person interview requirement is waived. In general wait times for those cases are shorter, but they are not reflected in the table below.

Please check the individual Embassy or Consulate website to determine if your case is eligible for a waiver of the in-person interview.

Applicants scheduling visa appointments in a location different from their place of residence should check post websites for nonresident wait times.

See more here.

List is here.

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Uniting for Ukraine U4U Update: Program Postponed in January 2025

1/30/2025

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Update on Form I-134A

Release Date 01/28/2025

Программа Ю4Ю для Украины временно приостановлена.
Если у вас есть возможность подать на ТПС, это остается лучший вариант для многих украинцев в США.

Due to the Jan. 20, 2025 Executive Order, Securing Our Borders, USCIS is pausing acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, until we review all categorical parole processes as required by that order.

Read here.

On January 23, 2025, the Department of Homeland Security (DHS) announced a pause of the Uniting for Ukraine (U4U) Parole Program, a special program implemented after Russia’s invasion of Ukraine that permits Ukrainians seeking temporary refuge to travel to and work in the United States.
The DHS directive halts the review and adjudication of both initial and renewal parole applications under the U4U program. While not officially terminated, the directive suggests that DHS will not accept new applications for initial parole periods or renewal (or “reparole”) applications for those seeking to extend their parole in the United States. During an undetermined review period, individuals outside the United States should not expect decisions on pending applications, and those currently in the United States are strongly encouraged to explore alternative options to maintain legal status and work authorization.

The best policy at this time is to avoid International Travel: Foreign nationals with Advance Parole or similar travel authorizations are advised not to leave the United States. Due to heightened scrutiny at ports of entry, travelers risk being denied reentry and may face expedited removal proceedings. Those seeking reentry have reportedly been asked to voluntarily depart or risk detention.

However, recently the CBP posted this update, advising travelers that the old form I-512, Advance Parole, are still acceptable documents for reentry to the United States.

Please see here.
https://www.cbp.gov/sites/default/files/2025-01/executive_order_on_securing_our_borders_20250122.pdf

Мы опубликовали видео про этут тут:

https://youtube.com/shorts/F0jxH2JbUcc?si=9XiLYtcS-LTEsJGY

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J-1 Visa Exchange Visitor Skills List was updated and applies retroactively

1/23/2025

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The Department of State (DOS) revised the J-1 Skills List, which lists home countries to which foreign nationals are subject to a two-year foreign home residency requirement.

The 37 countries that have been removed from the J-1 Skills List are: Albania, Algeria, Argentina, Armenia, Bahrain, Bangladesh, Bolivia, Brazil, Chile, China, Colombia, Costa Rica, Dominican Republic, Gabon, Georgia, Guyana, India, Indonesia, Kazakhstan, Laos, Malaysia, Mauritius, Montenegro, Namibia, Oman, Paraguay, Peru, Romania, Saudi Arabia, South Africa, South Korea, Sri Lanka, Thailand, Trinidad and Tobago, Turkey, United Arab Emirates, and Uruguay.
This change applies retroactively. J nonimmigrant exchange visitors who were subject to the two-year foreign residency requirement based upon the Skills List at the time of their admission to the United States in J status will no longer be subject to the residency requirement if their country has been eliminated from the list.
This change is particularly impactful for professionals who often face significant career disruptions and personal hardships due to the two-year foreign home residency requirement. Exempted individuals will be able to pursue further training and employment in the U.S. without disruption.
The elimination of this requirement for certain countries may make the United States a more attractive destination for top talent.

The change, however, does not affect individuals who are subject to the two-year requirement on other grounds, such as government funding or physicians in the United States for graduate medical training.
J-1 visas are work-and-study-based exchange visitor programs established by DOS. The Skills List that became part of that program was established to identify countries with a shortage of certain skills and then ensure that those who gained those skills in the United States would return to their home countries to ensure that knowledge and skills gained during the exchange program would be shared with the individual’s home country. From time to time, DOS revises the list to ensure it is accurately accomplishing the goal that foreign nationals return to their home country when most needed. In this revision, DOS is updating the countries included on the Skills List, but not updating the skills listed.

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Summary of the Executive Orders Signed by the President Since January 20, 2025

1/23/2025

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Highlights of the New Executive Orders relating to immigration law and policies signed since January 2025.

National Emergency Declaration at the Southern Border
President Trump declared a national emergency to mobilize the U.S. military, expedite border wall construction, and bolster surveillance through drones and advanced technology. This measure aims to deter illegal crossings and improve border integrity and security.

Designation of Drug Cartels as Foreign Terrorist Organizations
The administration has classified drug cartels as “foreign terrorist organizations.” This designation will facilitate more robust measures against their operations and may influence broader immigration enforcement actions.

End of Humanitarian Parole Programs
The administration continues to affirm plans to terminate programs that had provided legal pathways for migrants from countries like Cuba, Haiti, Nicaragua, and Venezuela, as well as similar programs for Afghans, Ukrainians, and other groups. This signals a shift away from temporary humanitarian admissions and toward stricter immigration controls.

Re-examination of Temporary Protected Status grants to ensure they “are appropriately limited in scope and made for only so long as may be necessary to fulfill the textual requirements of that statute”.

Changes to Asylum and Refugee Policies
The executive orders aim to end “catch and release” practices and significantly restrict asylum rights, reducing the ability of migrants to seek protection upon arrival. These measures may face legal challenges claiming they are inconsistent with existing U.S. and international law.

Additionally, the administration intends to suspend the refugee resettlement program for four months. The refugee resettlement program has, for several decades, allowed hundreds of thousands of people fleeing war and persecution to come to the United States. President Trump similarly suspended the refugee program at the beginning of his first term, and, after reinstating it, significantly reduced the number of refugees admitted annually.

Enhanced Interior Enforcement
Key actions include reinstating the “Remain in Mexico” policy, expanding the 287(g) program—which deputizes state and local officials as federal immigration enforcement agents—and issuing financial penalties to sanctuary cities that do not cooperate with federal immigration authorities. Both actions reflect the Trump administration’s campaign promise to crack down on illegal immigration and carry out mass deportations.

A measure “ensuring that employment authorization is provided in a manner consistent with [existing employment authorization regulations], and that employment authorization is not provided to any unauthorized alien in the United States.”

A directive to “take all appropriate action. . .to encourage aliens unlawfully in the United States to voluntarily depart as soon as possible.”

Increased use of detention pending removal from the United States.

End Birthright Citizenship
One of the key announcements is the effort to end birthright citizenship. Birthright citizenship ensures that anyone born in the United States automatically becomes an American citizen. It is expected to face legal challenges.

The new Executive Order challenges this historical precedent, and seeks to limit citizenship to children of at least one U.S. citizen or lawful permanent resident (green card holder), regardless of physical presence.
On January 20, 2025, Inauguration Day, President Trump signed an executive order entitled “Protecting the Meaning and Value of American Citizenship”, which interprets the language “subject to the jurisdiction thereof” in the Fourteenth Amendment of the Constitution to mean that U.S. citizenship does not extend to individuals born in the United States:
1. when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth,
2. or when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
The Executive Order directs agencies not to “issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship” to individuals falling within these categories.

The Executive Order specifies that it applies “only to persons who are born within the United States after 30 days from the date of this order”, after February 19, 2025, and does not explain whether the U.S. citizenship of a child who has already been born to two non-U.S. citizen or LPR parents will continue to be recognized.
Based on the text of the EO, citizenship would also no longer be granted children born to individuals on temporary visas, including employment-based visas. The Executive Order is scheduled to take effect on February 19, 2025, however a legal challenge has already been filed. Other lawsuits are sure to follow, and the executive order may be blocked by federal courts.

Visa applicants and employers can expect to see many of these policies implemented immediately, which may result in processing delays and even possible denials. The Executive Order also directs various agencies to -- within 60 days -- identify countries that may post a security risk and for which a suspension of admission may be warranted. This directive signals a potential return of policies similar to the travel ban that was implemented in 2017 against several countries.

Florida’s Role in Supporting Federal Immigration Goals
Florida has proposed legislation designed to align Florida’s state policies with the Trump administration’s federal immigration priorities. These include:

Maximum Participation in the 287(g) Program: Florida will mandate compliance from local officials, imposing penalties for non-compliance.
State Crime for Illegal Entry: The legislation creates a state offense for illegal entry, coupled with a self-deportation mechanism.
Unauthorized Alien Transport Program (UATP): Expansion of this program will facilitate the detention and deportation of unauthorized individuals.
Repeal of In-State Tuition for Undocumented Students: This move underscores a stricter approach to benefits extended to unauthorized residents.
Voter Registration Reforms: Measures will ensure identity verification and impose severe penalties for voter fraud.
Restrictions on Financial Transfers: New rules will require identity verification for foreign remittance transfers, aiming to reduce potential misuse.

Implications and Challenges
These policies are expected to face legal challenges. Some of them can be declared invalid by the courts.

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Effective January 22, 2025, USCIS Waives COVID-19 Vaccination Requirement for Adjustment of Status Applicants

1/23/2025

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Effective January 22, 2025, USCIS Waives COVID-19 Vaccination Requirement for Adjustment of Status Applicants. This vaccine is lo longer required for an application for a Green Card.

Effective Jan. 22, 2025, USCIS is waiving any and all requirements that applicants for adjustment of status to that of a lawful permanent resident present documentation on their Form I-693, Report of Immigration Medical Examination and Vaccination Record, that they received the COVID-19 vaccination.

USCIS will not issue any Request for Evidence or Notice of Intent to Deny related to proving a COVID-19 vaccination. USCIS will not deny any adjustment of status application based on the applicant’s failure to present documentation that they received the COVID-19 vaccination.

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22 января 2025 USCIS отменили требование о првивке от Ковида-19 для иммигрантов подающих на грин карту. Теперь если вы подаете на грин карту и делаете медосмотр, вам прививка от Ковида уже не нужна.

Если вы уже подали и получили RFE, вам стоит ответить на этот запрос, но прививка не требуется.

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I-9 Form: Penalties for Immigration-Related Violations in 2025

1/13/2025

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As required by law, the Department of Homeland Security Immigration & Customs Enforcement (ICE), through the Federal Register, announced increases for penalties under the Immigration Reform & Control Act (IRCA), effective January 2, 2025. The higher penalties are for those cases where the penalties are assessed on February 13, 2024, and thereafter. These increases were about 1%, which is similar to the 2024 increases due to inflation.

With an expected surge in ICE I-9 audits and ICE raids, employers should pay careful attention to their I-9 forms and conduct an internal I-9 audit to correct, any I-9 errors. Such an internal I-9 audit could save an employer substantial money if audited by ICE.

Form I-9 is here
Employers must:

Have a completed Form I-9 on file for each person on their payroll who is required to complete the form;
Retain and store Forms I-9 for three years after the date of hire, or for one year after employment is terminated, whichever is later; and
Make their forms available for inspection if requested by authorized U.S. government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

Below are the offenses with the old and new penalties:

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TPS for Ukraine Extended for 18 months Until October 19 2026

1/10/2025

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DHS to Extend Temporary Protected Status for Ukraine

Extension Allows Eligible Ukrainian Nationals Who Arrived on or Before August 16, 2023, to Maintain TPS and Employment Authorization Following Vetting

WASHINGTON – The Department of Homeland Security announced today the extension of Temporary Protected Status (TPS) for Ukraine for 18 months. The extension of TPS is due to ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent eligible Ukrainian nationals from safely returning.

After reviewing the country conditions in Ukraine and consulting with interagency partners, it was determined that an 18-month TPS extension is warranted because of conditions resulting from the expansion of the Russian military invasion into Ukraine, the largest conventional military action in Europe since World War II. Russia’s expanded military invasion has led to high numbers of civilian casualties and reports of war crimes and crimes against humanity committed by Russian military forces and officials. This invasion has caused a humanitarian crisis, with significant numbers of individuals fleeing and damage to civilian infrastructure that has left many without electricity or access to medical services. These conditions prevent Ukrainian nationals and habitual residents from safely returning. Such a determination meets the statutory obligation to decide, at least 60 days before the expiration of a TPS designation, whether the conditions for designation continue to be met and merit an extension.

The extension of TPS for Ukraine allows approximately 103,700 current eligible beneficiaries to re-register for TPS, if they continue to meet eligibility requirements. Re-registration is limited to individuals who previously registered for TPS under Ukraine’s designation. This population includes nationals of Ukraine (and individuals without nationality who last resided in Ukraine) who have been continuously residing in the United States since at least August 16, 2023, with or without lawful immigration status. Every individual processed by the Department of Homeland Security goes through rigorous national security and public safety vetting during the original application process and again during re-registration. If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution as appropriate. Individuals are barred from TPS if they have been convicted of any felony or two misdemeanors.

DHS recognizes that not all re-registrants may receive a new Employment Authorization Document before their current EAD expires and is automatically extending for 12 months the validity of EADs previously issued under Ukraine’s TPS designation.

U.S. Citizenship and Immigration Services (USCIS) will continue to process pending applications filed under the Ukraine designation. Both initial applicants and re-registering current beneficiaries who have a pending Form I-821 or Form I-765 do not need to file either application again. If USCIS approves an individual’s pending Form I-821, USCIS will grant them TPS through October 19, 2026. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the same date.

A soon-to-be-published Federal Register notice will explain the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs.

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Только что было объявлено о продлении ТПС для Украины на дополнительный период 18 месяцев с 19 апреля 2025 по 19 октября 2026.

Если вы находились в США до 16 августа 2023 вы сможете подать на ТПС (временный статус защиты).

Если у вас и ваших детей уже есть ТПС, вы сможете продлить.

Также подавайте на разрешение на работу, форма I-765, и получите автоматическое продление EAD на 12 месяцев.

Пока решение не было опубликовано в Федеральном Регистре, только после публикации можно будет подать.

Не забывайте про ваших детей - каждому нужно подать заявление на ТПС по отдельности.

Мы опубликовали краткое видео тут: www.youtube.com/@lubasmalimmigrationlawyer

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Global Visa Wait Times: How Long Does It Take to Receive a Visa Interview

Uniting for Ukraine U4U Update: Program Postponed in January 2025

J-1 Visa Exchange Visitor Skills List was updated and applies retroactively

Summary of the Executive Orders Signed by the President Since January 20, 2025

Effective January 22, 2025, USCIS Waives COVID-19 Vaccination Requirement for Adjustment of Status Applicants

I-9 Form: Penalties for Immigration-Related Violations in 2025

TPS for Ukraine Extended for 18 months Until October 19 2026

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