On October 24, 2016, the Final rule was published in Federal Register.

​SUMMARY: The Department of Homeland Security (DHS) is adjusting the fee schedule for immigration and naturalization benefit requests processed by U.S. Citizenship and Immigration Services (USCIS). The fee schedule was last adjusted on November 23, 2010.

DHS has determined that adjusting the fee schedule is necessary to fully recover costs and maintain adequate service. DHS published a proposed fee schedule on May 4, 2016. Under this final rule, DHS will increase fees by a weighted average of 21 percent; establish a new fee of $3,035 covering USCIS costs related to processing the Employment Based Immigrant Visa, Fifth Preference (EB–5) Annual Certification of Regional Center, Form I–924A; establish a three-level fee for the Application for Naturalization, Form N–400; and remove regulatory provisions that prevent USCIS from rejecting an immigration or naturalization benefit request paid with a dishonored check or lacking the required biometric services fee until the remitter has been provided an opportunity to correct the deficient payment.

DATES: This rule is effective December 23, 2016. Applications or petitions mailed, postmarked, or otherwise filed on or after December 23, 2016 must include the new fee. 

DETAILS: Establish a three-level fee for Application for Naturalization, Form N–400.

First, DHS will increase the standard fee for Form N–400 from $595 to $640 (plus Biometrics fee).

Second, DHS will continue to charge no fee to applicants who meet the requirements of sections 328 or 329 of the Immigration and Nationality Act of 1952 (INA) with respect to military service and applicants with approved fee waivers.

Third, DHS will charge a reduced fee of $320 for naturalization applicants with family income greater than 150 percent and not more than 200 percent of the Federal Poverty Guidelines.

* Remove regulatory provisions that prevent USCIS from rejecting an immigration or naturalization benefit request paid with a dishonored check or lacking the required biometric services fee until the remitter has been provided an opportunity to correct the deficient payment.

* Clarify that persons filing any benefit request may be required to appear for biometrics services or an interview and may be required to pay the biometrics services fee. 

FINAL RULE: 

A. Changes in the Final Rule This section details the changes made in this final rule as compared to the NPRM. These changes are summarized as follows: 1. Application to Register Permanent Residence or Adjust Status, Form I–485. DHS has revised the regulatory language regarding the fee for the Application to Register Permanent Residence or Adjust Status, Form I–485, to clarify that the proposed $750 discounted fee is available for all applicants under 14 years old who submit their Form I–485 with that of a parent. These revisions accord the fee regulations with the current Form I–485 instructions and intake practices. See new 8 CFR 103.7(b)(1)(i)(U)(2); 81 FR 26919. The section later in this preamble entitled, ‘‘Adjustment of Status, Form I–485, and Interim Benefits,’’ provides more details about this change. 

2. Dishonored payments. DHS has also clarified the regulations governing USCIS actions when a check used to pay the required fee is dishonored by the remitter’s bank. Under this final rule, USCIS will submit all initially rejected payments to the applicant’s bank a second time for it to clear or be rejected. 8 CFR 103.2(a)(7)(ii)(D). If the check is rejected again following re-submission by USCIS, it will reject the case for fee non-payment. If the case has been approved, USCIS will send a notice of intent to revoke the approval. The section later in this preamble entitled, ‘‘Dishonored Payments,’’ provides more details about this change. 3. Application for Advance Permission to Enter as a Nonimmigrant, Form I–192, and Application for Waiver for Passport and/or Visa, Form I–193. DHS has made adjustments to the proposed fees in the final rule for the Application for Advance Permission to Enter as a Nonimmigrant, Form I–192, and the Application for Waiver for Passport and/or Visa, Form I–193. For the reasons outlined in section IV.B.2.p. of this preamble, the fees that will be charged for Forms I–192 and I–193 will remain at $585, rather than the proposed fee of $930 when such forms are submitted to and processed by the U.S. Customs and Border Protection (CBP). See new 8 CFR 103.7(b)(1)(i)(P)– (Q). 

NEW SCHEDULE OF USCIS FILING FEES, effective 12/23/2016, here pages 3-4.

For example, here is a schedule of new fees for some of the applications (not including biometrics):

- I-485 - $1,140 plus biometrics
- I-485 for a child under 14 - $750
- I-130 - $535
- I-129F - $535
- I-90 - $455
- I-601 - $930
- I-601A - $630
- I-751 - $595
- I-765 - $410
- N-400 - $640
- N-600 - $1,170
- Green card fee - $220 (was $165)
- Biometrics fee remains the same - $85. 

​

​CBP launched an updated website for accessing I-94 admission records, and travel history to USA records.

To access your CBP records, you have to enter your information exactly as in your passport at: 

​https://i94.cbp.dhs.gov/I94/#/home

On September 30, 2016, USCIS has published Form I-131A, Application for Travel Document (Carrier Documentation), a new form that allows lawful permanent residents (LPRs) to apply for a travel document (carrier documentation) if they:

• Are returning from temporary overseas travel of less than one year, and their Green Card has been lost, stolen or destroyed, or
• Are returning from temporary overseas travel of less than two years, and their Reentry Permit has been lost, stolen or destroyed.

Note: The length of the absence will be measured from the time the LPR departed the U.S. to the time he or she pays the Form I-131A fee.
Applying for Carrier Documentation
To file Form I-131A, LPRs must pay the required fee online and then apply in person at a U.S. Embassy or Consulate.
The embassy or consulate will generally issue the carrier documentation within two weeks. The LPR should present the carrier documentation, which may be a boarding foil (similar to a visa) or transportation letter, to a transportation carrier instead of their Green Card or Reentry Permit.
The carrier documentation allows an LPR to prove to a transportation carrier only that they are authorized to travel to a United States port of entry to apply for admission to the United States. It is not a guarantee of admission or parole into the United States. CBP will conduct all required inspections when the LPR arrives at a United States port of entry and will make the final determination of whether to admit or parole the LPR to the United States.
Filing a Form I-131A does not give an LPR a new Green Card. To apply for a new Green Card, they must file Form I-90, Application to Replace Permanent Resident Card, and pay the filing fee. Visit our Form I-90 page at uscis.gov/I-90 for more information.
LPRs with Expired Green Cards
LPRs with expired Green Cards may not need to file Form I-131A. We encourage LPRs to check with their airline or vessel before determining whether to file Form I-131A.
Although regulations generally require an LPR to travel with a valid Green Card, CBP policy permits a transportation carrier bound for the United States to board an LPR  without carrier documentation if:

• They have an expired Green Card that was issued with a 10-year expiration date, or
• They have an expired Green Card with a 2-year expiration date AND a Form I-797, Notice of Action, showing that they have filed a Form I-751 or Form I-829 to remove the conditions on their permanent resident status. The Notice of Action extends the validity of the card for a specified length of time, generally one year.

Filing Fee
The filing fee for Form I-131A is $360. There is no biometric services fee. The fee for this form must be paid online using a credit or debit card or U.S. bank account through our online payment system.
Applicants cannot use a fee waiver for this form. As with all immigration fees, USCIS does not issue refunds, regardless of the decision on the application.
Because USCIS fees change periodically, please verify the current fee at uscis.gov/forms.
Where to File
Before appearing at a U.S. Embassy or U.S. Consulate to file Form I-131A, LPRs must submit the filing fee on the USCIS website. When appearing in person at a U.S. Embassy or U.S. Consulate to file Form I-131A, they must bring evidence that they paid the fee. Please contact the nearest U.S. Embassy or U.S. Consulate or visit its website to verify that they can process the Form I-131A and to read instructions on how to file.

​Read here.

US Department of State Consular Affairs issued substantial new guidance on the E-3 work visa for Australian Professionals.

9 FAM 402.9-8  REQUIREMENTS FOR E-3 VISAS
9 FAM 402.9-8(A)  Background
(CT:VISA-1;   11-18-2015)
(Previous Location: 9 FAM 41.51 N16.1  CT:VISA-1586;   10-14-2010)
a. The E-3 visa classification ("treaty alien in a specialty occupation") was the result of Public Law 109-13, entitled "The Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005" (May 11, 2005).  The new law added paragraph (iii) to INA 101(a)(15)(E), establishing a visa classification for Australians in specialty occupations.
b. The law allows for the temporary entry of Australian professionals to perform services in a “specialty occupation” for a United States employer.  The temporary entry of nonimmigrants in specialty occupations is provided for at Section 501 of Public Law 109-13.  The law establishes a new category of temporary entry for nonimmigrant professionals, the E-3 category.  Unlike the current E-1 and E-2 visas, the E-3 visa is not limited to employment that is directly related to international trade and investment.  Subject to the requirements discussed herein, E-3 visa holders are eligible to work for any employer in the United States.  Dependent spouses and children accompanying or following to join are also eligible for temporary entry.
c.  To qualify for an E-3 visa, an Australian must:
(1)  Present to you an approved Labor Condition Application (LCA) issued by the Department of Labor (DOL);
(2)  Demonstrate to you that the prospective employment meets the standard of being “specialty occupation employment” (see 9 FAM 402.9-8(E) below);
(3)  Show you that the necessary academic qualifications for the job have been met (see 9 FAM 402.9-8(H));
(4)  Convince you that the proposed stay in the United States will be temporary (see 9 FAM 402.9-4(C); and
(5)  Provide evidence of a license or other official permission to practice in the specialty occupation if required as a condition for the employment sought (see 9 FAM 402.9-8(H)).  In certain cases, where such license or other official permission is not required immediately, an alien must demonstrate that he or she will obtain such licensure or permission within a reasonable period of time following admission to the United States.
d. A maximum of 10,500 E-3 visas can be issued annually.
9 FAM 402.9-8(B)  What is Needed to Qualify for a Specialty Occupation Visa
(CT:VISA-185;   09-26-2016)
Principals:  A treaty alien in a specialty occupation must meet the general academic and occupational requirements for the position pursuant to INA 214(i)(1).  In addition to the nonimmigrant visa (NIV) application, the following documentary evidence must be submitted in connection with an application for an E-3 visa:
(1)  A completed Form ETA-9035-E, Labor Condition Application for Nonimmigrant Workers (formerly, Labor Condition Application for H-1B Nonimmigrants), certified by the Department of Labor (DOL). 
(2)  Evidence of academic or other qualifying credentials as required under INA 214(i)(1) and a job offer letter or other documentation from the employer establishing that upon entry into the United States the applicant will be engaged in qualifying work in a specialty occupation and that the alien will be paid the actual or prevailing wage referred to in INA 212(t)(1).  A certified copy of the foreign degree and evidence that it is equivalent to the required U.S. degree could be used to satisfy the “qualifying credentials” requirement.  Likewise, a certified copy of a U.S. baccalaureate or higher degree, as required by the specialty occupation, would meet the minimum evidentiary standard.
(3)  In the absence of an academic or other qualifying credential(s), evidence of education and experience that is equivalent to the required U.S. degree.
(4)  Evidence establishing that the applicant’s stay in the United States will be temporary.  (See 9 FAM 402.9-4(C) and 9 FAM 402.9-4(H).)
(5)  A certified copy of any required license or other official permission to practice the occupation in the state of intended employment if so required or, where licensure is not necessary to commence immediately the intended specialty occupation employment upon admission, evidence that the alien will be obtaining the required license within a reasonable time after admission.
(6)  Evidence of payment of the Machine Readable Visa (MRV) fee.
9 FAM 402.9-8(C)  Form ETA-9035 Labor Condition Application (LCA) from the Department of Labor (DOL) Required
(CT:VISA-185;   09-26-2016)
a. Filing Form ETA-9035-E:  For all prospective E-3 hires, employers must submit a Labor Condition Application (LCA) to the Department of Labor (DOL) containing attestations relating to wages and working conditions.
b. LCAs for E-3 cases must be submitted electronically via the Department's iCERT Portal System.  The iCERT Portal System is available at: http://icert.doleta.gov.  The only two exceptions for electronic filing are physical disability and lack of internet access preventing the employer from filing electronically.  Employers with physical disabilities or lack of internet access preventing them from filing electronic applications may submit a written request for special permission to file their LCAs via U.S. mail.  Such requests MUST be made prior to submitting an application by mail and should be addressed to:
Administrator, Office of Foreign Labor Certification
Employment Training Administration
U.S. Department of Labor
Room C-4312
200 Constitution Avenue, NW
Washington, DC 20210
c.  The Form ETA-9035 used for requests by mail and Form ETA-9035E used for electronic submissions are the same form.  The current ETA-9035/9035E is six to seven pages long.  Page 1 (numbered page 1 of 1) includes three attestations for the employer to complete in the electronic filing system.  Pages 2-6 (numbered page 1 of 5 through page 5 of 5) contain Sections A through O, and the 7th page is optional for any Addendum to Section G to list additional worksite details.
d. All E-3 LCAs will contain case numbers in the following format:  I-203-xxxxx-xxxxxx.  All LCAs that were submitted online will display the case number, case status and period of employment on the bottom of each page.  Section K on page 4 should contain the signature of the employer.  If there is no employer signature, the LCA is not valid for processing and consular staff should 221(g) the case until a signed copy of the LCA has been submitted.  In section M of the LCA, the signature block will contain the validity dates of the certification, the Department of Labor’s signature as “Certifying Officer” (not a specific official's name), the determination date, the case number, and the case status as “Certified.”  A mailed LCA likely would not have a computer-generated footer at the bottom of the form with the case number, case status, and period of employment.  A mailed-in LCA would likely also be completed in a different computer font or contain handwritten information.
e. Acceptance of Form ETA-9035 by Posts:  For mailed-in applications, DOL faxes the LCA back to the employer after approval.  Applications approved online are presented on-screen to the employer at the completion of the filing process in the form of a PDF/.pdf document.  Consequently the applicant will be presenting either the initial faxed LCA, a printed PDF/.pdf document, or a copy of either of these; there will be no “original” document that will be presented.  You must check to make sure the approval date of the LCA is later than September 2, 2005 (the effective date of the Department of State's E-3 regulatory publication).
f.  Verifying Authenticity of the E-3 LCA:  Your acceptance of the LCA certification is discretionary.  If you are not satisfied that the LCA being presented is authentic, you should suspend action on the case (INA 221(g)) and verify the LCA with the Department of Labor (DOL). 
g. DOL posts html versions of all certified E-3 LCAs on the Labor Certification Registry website.  For additional questions concerning the authenticity of a particular LCA, you should send requests to the LCA Help Desk at [email protected]., or by mail to U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, Chicago National Processing Center, 11 West Quincy Court, Chicago, IL 60604-2105.
h. Petition Filing with DHS Not Required: An employer of an E-3 treaty alien in a specialty occupation is not required to file a petition with DHS.  Instead, a prospective employee will present evidence for classification, including the approved Form ETA-9035-E, directly to you at the time of visa application.
9 FAM 402.9-8(D)  Definition of Specialty Occupation
(CT:VISA-185;   09-26-2016)
The E-3 category provides for the issuance of visas solely to E-3 qualifying nationals performing employment within a “specialty occupation.”  The definition of “specialty occupation” is one that requires:
(1)  A theoretical and practical application of a body of specialized knowledge; and
(2)  The attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.  Note: In determining whether an occupation qualifies as a "specialty occupation," follow the definition contained at INA 214(i)(1) for H-1B nonimmigrants and applicable standards and criteria determined by the Department of Homeland Security (DHS) and legacy Immigration and Naturalization Service (legacy INS).  See 9 FAM 402.10-5(E).
9 FAM 402.9-8(E)  Determining “Specialty Occupation” Qualification
(CT:VISA-185;   09-26-2016)
Although the term “specialty occupation” is specifically defined at INA 214(i)(1), and further elaborated upon in DHS’s regulations (8 CFR 214.2(h)(4)(iii)(A)), consular determinations of what qualifies as a “specialty occupation” will often come down to a judgment call by the adjudicating consular officer.  You must determine whether the job itself falls within the definition of “specialty occupation,” and also examine the alien’s qualifications, including his or her education and experience.  You should consider the available offer of employment and the information obtained during the interview, and then on the basis of this information, make a reasoned evaluation whether or not the offer of employment is for a “specialty occupation.”  Then you must be sure that the applicant has the required degree, or equivalency of experience and education, to adequately perform the stipulated job duties.
9 FAM 402.9-8(F)  Referring Questionable Cases to CA/VO/L/A and/or the Kentucky Consular Center (KCC)
(CT:VISA-185;   09-26-2016)
a. Request additional assistance/guidance from CA/VO/L/A if significant doubt remains regarding the E-3 alien’s work experience, or if the proposed employment does not appear to meet the requirements for “specialty occupation” as described above in 9 FAM 402.9-8(E).  The Department of Homeland Security's Bureau of U.S. Customs and Immigration Services (USCIS) has significant experience in making "specialty occupation" determinations related to adjudicating H-1B cases, so the advisory opinions division will work closely with USCIS on issues you send in for opinion.
b. If you have concerns about information regarding or provided by the employer (e.g., you doubt that the employer can pay the prevailing wage, or you do not believe the business is large enough to support additional employees), please email KCC at [email protected] with your concerns, providing as much factual detail as possible.  KCC will review the information, investigate, and attempt to provide you with information to address those concerns.
9 FAM 402.9-8(G)  Intent to Depart Upon Termination of Status
(CT:VISA-1;   11-18-2015)
(Previous Location: 9 FAM 41.51 N16.6  CT:VISA-771;   10-03-2005)
a. Temporary entry for treaty aliens in specialty occupations is the same standard used for treaty traders/investors.
b. The alien’s expression of an unequivocal intent to return when the E-3 status ends is normally sufficient, in the absence of specific evidence that the alien’s intent is to the contrary.
c.  The applicant must satisfy you that he or she plans to depart the United States upon termination of status; however, he or she does not need to establish intent to proceed to the United States for a specific temporary period of time nor does an applicant for an E-3 visa need to have a residence in a foreign country that the applicant does not intend to abandon.
d. The alien may sell his or her residence and move all household effects to the United States.
e. An E-3 applicant may be a beneficiary of an immigrant visa (IV) petition filed on his or her behalf.
9 FAM 402.9-8(H)  E-3 Licensing Requirements
(CT:VISA-1;   11-18-2015)
(Previous Location: 9 FAM 41.51 N16.7  E-3 CT:VISA-771;   10-03-2005)
a. An E-3 alien must meet academic and occupational requirements, including licensure where appropriate, for admission into the United States in a specialty occupation.  If the job requires licensure or other official permission to perform the specialty occupation, the applicant must submit proof of the requisite license or permission before the E-3 visa may be granted.  In certain cases, where such a license or other official permission is not immediately required to perform the duties described in the visa application, the alien must show that he or she will obtain such licensure within a reasonable period of time following admission to the United States.  However, as illustrated in the example in paragraph b(4) below, in other instances, an alien will be required to present proof of actual licensure or permission to practice prior to visa issuance.  In all cases, an alien must show that he or she meets the minimum eligibility requirements to obtain such licensure or sit for such licensure examination (e.g., he or she must have the requisite degree and/or experience).  Even when not required to engage in the employment specified in the visa application, a visa applicant may provide proof of licensure to practice in a given profession in the United States together with a job offer letter, or other documentation, in support of an application for an E-3 visa.
b. The following examples are illustrative:
(1)  An alien is seeking an E-3 visa in order to work as a law clerk at a U.S.-based law firm.  The alien may, if otherwise eligible, be granted an E-3 visa if it can be shown that the position of unlicensed law clerk is a specialty occupation, even if he or she has not been admitted to the bar.
(2)  An alien has a job offer from a law firm promising him or her a position as an associate if the alien passes the bar exam.  The application indicates that the position in question meets the definition of a specialty occupation.  The alien may apply for an E-3 visa even if he or she will not be immediately employed in the position offered, but will be studying for the bar examination upon admission to the United States.  You may issue the visa if you are satisfied that the alien will be taking steps to obtain bar admission within a reasonable period of time following admission to the United States.  What constitutes a reasonable period of time will depend on the specific facts presented, such as licensure examination schedules and bar preparation course schedules.
(3)  An alien does not have a job offer, but wishes to study for the bar upon admission to the United States with the hope of finding a position at a United States-based law firm.  The alien would not be eligible for E-3 classification, since he or she would not be coming to work in a specialty occupation.  This person would be required to obtain another type of visa, such as a B-1, in order to study for the bar in this country.
(4)  An alien has an offer for employer with a law firm as a litigator, and is to begin working within two weeks of entry into the United States.  The applicant must demonstrate that he or she has been admitted to the appropriate bar, or otherwise has obtained permission from the respective jurisdiction or jurisdictions where he or she intends to practice to make court appearances.
9 FAM 402.9-8(I)  Numerical Limitation on E-3 Visas
(CT:VISA-185;   09-26-2016)
a. Only E-3 principals who are initially being issued E-3 visas for the first time, or who are otherwise  obtaining E-3 status (in the United States) for the first time,are subject to the 10,500 annual numerical limitation provisions of INA 214(g)(11)(B).  Consequently, spouses and children of E-3 principals, as well as returning E-3 principals who are being issued new E-3 visas for continuing employment with the original employer, are exempt from the annual numerical limit (see b. and c. immediately below).
b. An E-3 principal who is applying for a new visa following the expiration of the initial E-3 visa, or who is applying for a visa after initially obtaining E-3 status in the United States, is not subject to the annual E-3 numerical limit, provided it is established to your satisfaction that there has been uninterrupted continuity of employment.  “Uninterrupted continuity of employment” means that the applicant has worked, and continues to work, for the U.S.-based employer who submitted the original Labor Condition Application (LCA) and offer of employment.  To ensure that such applicants are not counted against any subsequent numerical limit, returning E-3 principals will be identified by the visa code “E-3R” (with “R” representing the status of “returning”).
c.  To ensure that the spouse and children of E-3 principals are not counted against the numerical limit, they will be identified by the visa code “E-3D” (with “D” representing the status of “dependent”).
d. At the end of each fiscal year, any unused E-3 numbers are forfeited; such visa numbers do not carry over to the next fiscal year.
e. The Department of State will keep count of the number of E-3 visas issued, and of changes of status to E-3 in the United States as reported by the Department of Homeland Security (DHS).  If it appears that the 10,500 annual numerical limits will be reached in any fiscal year, the Department of State will instruct posts to cease E-3 issuances for that fiscal year.
9 FAM 402.9-8(J)  Part-Time Employment by E-3 Applicants
(CT:VISA-185;   09-26-2016)
An E-3 worker may work full or part-time and remain in status based upon the attestations made on the LCA.  Section B.4 on the LCA provides the option to request part time employment and DOL approves LCAs for part-time employment.  Although nothing is specifically stated in the law/regulation about full-time employment for E-3s, you will need to evaluate the public charge ramifications for any E-3 applicant planning on coming to the United States as a part-time employee.
9 FAM 402.9-8(K)  Applicants with Multiple LCAs
(CT:VISA-185;   09-26-2016)
a. If an applicant presents more than one valid LCA, consular officers should evaluate each LCA on its own merits.  The applicant will have to qualify for each LCA separately, and each proposed employment situation must overcome public charge concerns on its own.  Clearly indicate in the case remarks which LCAs and positions the applicant qualifies for.
b. Multiple annotations: You should annotate the visa with the employer's name, LCA case number and LCA issuance date for each employer.  You may need to use abbreviations in order to make more than one set of annotations fit onto the visa foil.  If there is not enough room on the visa foils to add all of the required annotations contact VO/F for additional guidance.
c. If an applicant presents multiple LCAs for E-3 and E-3R (returning E-3) positions at the same time, and is approved for multiple positions, only one visa should be issued.  The visa should be issued for an E-3 position to ensure that the visa is counted towards the annual numerical limit.  The visa should be annotated with the employer's name, LCA case number and LCA issuance date for each E-3 position AND the employer's name, LCA case number and LCA issuance date for each E-3R position.  If there is not enough room on the visa foils to add all of the required annotations contact VO/F for additional guidance.
9 FAM 402.9-8(L)  Considerations in Processing E-3 Visas
(CT:VISA-185;   09-26-2016)
a. Validity of Issued Visa:  The validity of the visa should not exceed the validity period of the LCA.  The Department of State and DHS have agreed to a 24-month maximum validity period for E-3 visas.
b. Initial Authorized Period of Stay for E-3 Applicants: E-3 applicants are admitted for a two-year period renewable indefinitely, provided the alien is able to demonstrate that he or she does not intend to remain or work permanently in the United States.
c.  Fees: Other than the normal visa-related Machine Readable Visa (MRV) fees, there is no other fee associated with the issuance of an E-3 visa.
d. Reports of Cancelled or Revoked E-3 Visas: In the event an E-3 visa is cancelled or revoked prior to the applicant’s entry into the United States, a report must be sent to CA/VO/DO/I explaining the circumstances attendant to the non-use of the E-3 number.  In cases where the E-3 number has not been used, it will be added back into the remaining pool of unused E-3 visa numbers for that fiscal year.
e. Annotation of E-3 Visas:  Annotate E-3 visas of the principal applicant with the name of the employer, the ETA case number (found at the bottom of each page of the Form ETA-9035), and the LCA’s issuance date (the "Determination Date" listed in part M. on page 5 of the Form ETA-9035.)  Annotate E-3D visas for derivatives of the principal applicant with the name of the principal applicant, the name of the employer, the ETA case number and the LCA's issuance date.
9 FAM 402.9-8(M)  Special Note about H-1B Petitions
(CT:VISA-185;   09-26-2016)
When the H-1B numerical cap is reached before the end of the fiscal year, it is likely that there will be numerous Australian H-1B applicants who will have approved Labor Condition Application’s (LCA) but whose petitions for H-1B status are returned unapproved by the DHS for lack of an available H-1B visa number.  Currently, you are not permitted to accept LCAs approved based upon H-1B-related offers of employment.  Rather, the United States employer must submit a new LCA request to DOL and receive a separate E-3-based LCA approval for any employee possessing a previously approved H-1B-based LCA.
9 FAM 402.9-9  SPOUSE AND CHILDREN OF E VISA ALIENS
(CT:VISA-185;   09-26-2016)
a. Entitled to Derivative Status:  The spouse and children of an E visa alien accompanying or following to join the principal alien are entitled to derivative status in the same classification as the principal alien.  The nationality of the spouse and children of an E visa applicant is not material.  The spouse and children of an E visa alien receive the same visa validity and number of entries, and are required to pay the same reciprocity fee, if applicable, as the principal alien, as listed in the reciprocity schedule for the principal alien's country of nationality.
b. Spouses and Children:  To establish qualification for E-3 classification as the spouse or child of an E-3 alien, you may accept whatever reasonable evidence is persuasive to establish the required qualifying relationship.  The presentation of a certified copy of a marriage or birth certificate is not mandatory if you are otherwise satisfied that the necessary relationship actually exists.
c.  Spouse and Children of E-3 Aliens Not Subject to Numerical Limitation: The spouse and children of E-3 principals are classifiable as E-3’s, using the visa code E-3D.  They are not counted against the 10,500 annual numerical limitation described at INA 214(g)(11)(B).
d. Employment by Spouse of E Visa Aliens: INA 214(e)(6) permits the spouse (but not other dependents) of a principal E nonimmigrant to engage in employment in the United States.  The spouse of a qualified E nonimmigrant may, upon admission to the United States, apply with the DHS for an employment authorization document, which an employer could use to verify the spouse’s employment eligibility.  Such spousal employment may be in a position other than a specialty occupation.

​See at:
https://fam.state.gov/FAM/09FAM/09FAM040209.html
 

DOS Department of State New Policy: "No Eyeglasses Policy for Visa and Passport Photographs." As of November 1, 2016 photographs of visa and passport applicants wearing eyeglasses will no longer be accepted, except in rare, medically-documented circumstances.

CA will implement this policy with a soft one-month enforcement period from November 1 to November 30, 2016, after which we will not accept photographs with eyeglasses.

Make sure you are not wearing eyeglasses in your visa and passport photos.

------------------Briefly in Russian:
Госдепартамент США изменил правила подачи фото для виз и паспорта. Начиная с 1 ноября 2016 визовые и паспортные фото в очках не принимаются. Заявитель обязан предоставить паспортное или визовое фото без очков. В период с 1 по 30 ноября 2016 возможны поблажки. Также возможно исключение в особых случаях, при наличии справки от врача.
---------------------------
The Department published 9 FAM 303.6-2(A)(1) "Photo Standards" on September 20,
2016, Change Transmittal (CT)-VISA-178. CA revised 9 FAM 303.6-2 (A)(1) paragraph
(a)(7) to prohibit the wearing of eyeglasses in visa photographs except in rare, urgent
medical circumstances. The key revisions are as follows:
--> (7) (U) Eyeglasses: Effective for applications filed on or after November 1, 2016,
eyeglasses must not be worn in a photo provided for a visa application, except in rare
circumstances when eyeglasses cannot be removed for medical reasons; e.g., the
applicant has recently had ocular surgery and the eyeglasses are necessary to protect
the applicant's eyes. A medical statement signed by a medical professional/health
practitioner must be provided in these cases. If the eyeglasses are accepted for
medical reasons:
(a) (U) The frames of the eyeglasses must not cover the eye(s) (ICAO 9303,
Section IV, Appendix 11, 1.8).
(b) (U) There must not be glare on eyeglasses that obscures the eye(s).
(c) (U) There must not be shadows or refraction from the eyeglasses that
obscures the eye(s).
https://travel.state.gov/content/dam/visas/policy_updates/16-STATE-106142.pdf

​USCIS published two important updates to filing Form N-400, Application for Naturalization (aka Application for U.S. citizenship), now that it is processed electronically.

All applicants (except those who reside overseas):

• No longer need to submit two passport-style photographs. We will capture their photographs when they appear at the Application Support Center (ASC) for their biometrics appointment.
• Will be scheduled for a biometric service appointment at a local ASC for collection of their fingerprints, photographs and signature, regardless of their age.

USCIS used to waive the fingerprint requirement for applicants 75 years or older, which meant they were not required to appear at an ASC. However, now that this form is processed electronically, those applicants do need to appear at an ASC. Our improved technology means we can capture fingerprints for applicants of all ages. This enhances our ability to confirm their identity and perform required background checks.  Applicants aged 75 and older do not have to pay the biometrics fee.
All domestic USCIS facilities are accessible to individuals with disabilities. However, USCIS can make special arrangements to accommodate the needs of the elderly and applicants with disabilities, who are homebound or hospitalized.  This is known as homebound processing. Applicants who need to request an accommodation for their appointment can submit a service request online or call the National Customer Service Center (NCSC) at any time at 800-375-5283 (TDD: 800-767-1833).  

Please note: At this time, you cannot submit Form N-400 applications online.
​
Beginning April 13, 2016, applicants who submit the revised Form N-400, Application for Naturalization (dated March 26, 2016) may be invited to create a USCIS online account to track and manage their case online depending on how their form is processed. If you submit the revised Form N-400, you may receive a USCIS Account Acceptance Notice in the mail with instructions on how to create a USCIS online account.  USCIS will continue processing your application even if you choose not to access your online account.  USCIS also will continue to send you copies of notifications about your case by mail through the U.S. Postal Service.

Briefly in Russian: вкратце по-русски.

Произведены два важных изменения при подаче заявления на натурализацию (гражданство) США, форма N-400.

(1) вам не нужно подавать паспортные фото с вашим заявлением,
и
(2) вне зависимости от возраста, вас пригласят на отпечатки пальцев, фото и образец подписи.

Ранее лица старше 75 были освобождены от требования отпечатков пальцев. На сегодняшний день лица любого возраста будут приглашены на отпечатки пальцев, но лица старше 75 освобождены от уплаты 85 долларов за отпечатки.

Новая форма N-400 пока подается по почте, но рассматривается электронно. USCIS пришлет вам приглашение создать свой аккаунт онлайн.

The Department of Homeland Security granted citizenship to hundreds of people who had previously been ordered deported or removed under different names because of flaws in keeping fingerprint records, according to a report released Monday.
The report from the department’s Office of Inspector General found that nearly 900 individuals were granted citizenship because neither the agency nor the F.B.I. databases contained all of the fingerprint records of people who had previously been ordered to be deported.

Nearly 150,000 older fingerprint records were not digitized or simply were not included in the Department of Homeland Security’s databases when they were being developed, the report said. In other cases, fingerprints that were taken by immigration officials during the deportation process were not forwarded to the F.B.I.

“This situation created opportunities for individuals to gain rights and privileges of U.S. citizenship through fraud,” said John Roth, the inspector general at Homeland Security.
Officials say the findings illustrate a major security gap.

“This failure represents a significant risk to America’s national security as these naturalized individuals have access to serve in positions of public trust and the ability to obtain security clearances,” Senator Ron Johnson, a Wisconsin Republican who is chairman of the Senate Homeland Security Committee, wrote in a letter to Jeh Johnson, the secretary of Homeland Security.

The United States Citizenship and Immigration Service, an agency within Homeland Security that oversees citizenship, is supposed to check the fingerprints of applicants for citizenship against a number of databases to make sure that they do not have criminal records or pose a threat.

But since the fingerprint databases are incomplete, the agency had no way of knowing if the individuals were actually who they said they were.

Investigators found that in more than 200 cases they examined, none of the individuals disclosed that they had another identity or that they had final deportation orders on their naturalization application.
As naturalized citizens, these individuals retain many of the rights and privileges of American citizenship, including serving in law enforcement, obtaining a security clearance and sponsoring the entry of other foreigners into the United States, the report said.

For example, investigators with the inspector general’s office said they learned that at least three people, who became naturalized citizens after having been deported under a different name, had obtained the necessary clearances to conduct security-sensitive work at commercial airports or at ports and aboard ships. Since being identified, all have had their credentials revoked, the report said.

The inspector general’s report said the Immigration and Customs Enforcement agency had investigated few of the naturalized citizens to determine if their citizenship should be revoked. That agency is working to increase its inquiries and digitize all its fingerprint records.

In a statement, Homeland Security acknowledged the issues raised in the report. The statement added, “It is important to note that the fact that fingerprint records in these cases may have been incomplete at the time of the naturalization interview does not necessarily mean that the applicant was in fact granted naturalization, or that the applicant obtained naturalization fraudulently.”

​Read here. 

Substantive updates made to DOS Department of State policy on Diversity immigrant visas (Green Card Lottery visas or green cards), including the definition of “native,” procedures for DV selection and treatment of derivative family members.

See 9 FAM 502.6 here.

https://fam.state.gov/FAM/09FAM/09FAM050206.html

9 FAM 502.6
DIVERSITY IMMIGRANT VISAS
(CT:VISA-175;   09-13-2016)
(Office of Origin:  CA/VO/L/R)

9 FAM 502.6-1  RELATED STATUTORY AND REGULATORY AUTHORITIES
9 FAM 502.6-1(A)  Immigration and Nationality Act
(CT:VISA-1;   11-18-2015)
INA 202(b) (8 U.S.C. 1152(b)); INA 203 (8 U.S.C. 1153); INA 204(a)(1)(I)(ii) (8 U.S.C. 1154(a)(1)(I)(ii)); INA 212(a)(5) (8 U.S.C. 1182(a)(5)); INA 212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)); INA 212(e) (8 U.S.C. 1182(e)); INA 213(a) (8 U.S.C. 1183(a)); INA 221(g) (8 U.S.C. 1201).
9 FAM 502.6-1(B)  Code of Federal Regulations
(CT:VISA-1;   11-18-2015)
22 CFR 40.205; 22 CFR 42.33.
9 FAM 502.6-1(C)  Public Law
(CT:VISA-1;   11-18-2015)
Section 131 of the Immigration Act of 1990 (Public Law 101-649); the Nicaraguan Adjustment and Central American Relief Act (NACARA - Public Law 105-100); Section 1 of Public Law 105-360; Section 636 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208); the Assistance for International Malaria Control Act (Public Law 106-570); USA PATRIOT Act (Public Law 107-56).
9 FAM 502.6-2  DIVERSITY IMMIGRANTS OVERVIEW
(CT:VISA-175;   09-13-2016)
a. Section 131 of the Immigration Act of 1990 (Public Law 101-649) amended INA 203 to provide for a new class of immigrants known as “diversity immigrants” (DV immigrants).  The amendment established an annual numerical limitation of 55,000 DV immigrants effective for fiscal year 1995 and thereafter.  Aliens who are natives of countries determined by the Attorney General (now Secretary of Homeland Security) through application of a mathematical formula specified in INA 203(c)(1)(A) to be “low admission” countries may qualify for immigration under this limitation.  INA 203(c)(1) requires a separate entry for each participating alien for each fiscal year.
b. INA 203(c)(1)(A) requires the Secretary of Homeland Security to determine the actual number of immigrant admissions from each foreign country for the previous five year period.  The formula identifies both high and low admission regions and high and low admission foreign states.  A greater share of the available visa numbers goes to low admission regions.  High admission states are excluded from the program.
c.  In November 1997, Congress passed Public Law 105-100, the Nicaraguan Adjustment and Central American Relief Act (NACARA). With NACARA, Congress stipulated that beginning with the 1999 Diversity Immigrant Visa Program, and as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas can be made available for use under the NACARA program.
9 FAM 502.6-3  DIVERSITY VISA ELIGIBILITY
(CT:VISA-175;   09-13-2016)
a. Requirements for Diversity Immigrant Program:  To qualify under INA 203(c) as a diversity immigrant, the following requirements must be met:
(1)  The alien must be a native of, or be chargeable to, a country eligible for that year's DV program (see 9 FAM 502.6-3 paragraph b); and
(2)  The alien must have at least a high school education or equivalent (see 9 FAM 502.6-3 paragraph c); or
(3)  The alien must have, within five years of the date of application for a diversity immigrant visa under INA 203(c), at least two years of work experience in an occupation that requires at least two years of training or experience (see 9 FAM 502.6-3 paragraph d).
b. Qualifying Diversity Visa Countries
(1)  Formula for Identifying Qualifying Diversity Countries:
(a)  The Secretary of Homeland Security is required to determine total admissions of preference and immediate relative (IR) immigrants over the most recent five-year period for which statistics are available, worldwide total, by region, and by individual foreign state.  Using these figures, the Secretary of Homeland Security is to identify both high admission regions and high admission foreign states.  A high admissions region is a region whose admission total is greater than one-sixth of the worldwide total. A foreign state whose admissions total is greater than 50,000 is a high admission foreign state.
(b)  Using available estimates, the Secretary of Homeland Security must then determine the population of each of the six regions (excluding the population of any high admission foreign state) and use those totals to determine the apportionment of the 55,000 worldwide DV limitations. Quotas for the six regions will be established.  Natives of these regions compete for that portion of the total established for that region. Any unused portion of a regional quota is distributed proportionally among the other regions.  High admission states are excluded entirely from the apportionment.  No one country’s nationals may receive more than 7% of the available visas in any one year.
(2)  Qualifying Countries:  Natives of high admission counties are not eligible to register for the DV program unless they qualify based on chargeability to a DV program country.  The Department of Homeland Security will determine annually the list of ineligible countries.  The list is subject to change annually.
(3)  Native:  Native means a person born in a DV program county.  An individual may be able to participate in the DV program because of specific family ties or personal situations by "charging" to another country.  See 9 FAM 502.6-4 paragraph a(2) for additional information on chargeability.
c.  High School Education or Equivalent: 
(1)  You must adjudicate the applicant’s qualifications under this requirement.  In order to enter or apply for the DV program, the alien need not prove that this requirement is met.  The applicant must, however, meet this requirement by the end of the fiscal year in which selected and present evidence of completion to be found eligible for a visa.  If the applicant does not meet the requirement at the time of the interview, you should refuse the case 5A.  If the applicant presents evidence of completion of high school before the end of the fiscal year, and visas are still available for the region, you may overcome the refusal and issue the visa.
(2)  The Department’s Interpretation of the Term “at Least a High School Education or its Equivalent” Means Successful Completion of at least a:
(a)  Twelve-year course of elementary and secondary study in the United States; or
(b)  Formal course of elementary and secondary education comparable to completion of 12 years elementary or secondary education in the United States.  Because a United States high school education is sufficient in itself to qualify a student to apply for college admission, in order for a foreign education to be equivalent to a United States education, it should be sufficient to allow a student to apply for college admission without further education.  Vocational degrees that are not considered a basis for further academic study will not be considered equivalent to United States high school education.
(3)  Education Requirements:  We interpret the phrase “at least a high school education or its equivalent” to apply only to formal courses of study. Equivalency certificates (such as the G.E.D.) are not acceptable.  To qualify, an alien must have completed a 12-year course of elementary and secondary education in the United States or a comparable course of study in another country.  Evidence might consist of a certificate of completion equivalent to a United States diploma, school transcripts, or other evidence issued by the person or organization responsible for maintaining such records, which specify the completed course of study.
(4)  Education Evaluation:
(a)  Each post needs to determine what course of study is equivalent to a high school education or its equivalent in the host country.  Previously, posts were provided with a guidebook that provided information on high school equivalency country by country.  That guidebook ("Foreign Education Credentials Required”) is no longer in print and is not available in updated format.  You should not rely on it for your evaluation of high school credentials.  You should make use of the resources found in your Public Diplomacy (PD) section to determine comparable courses of study in the host country that would meet the definition of a high school education or its equivalent.  Contacts in the host country’s Ministry of Education may also be of help.  If you have questions about certificates and diplomas, you should consult with your public diplomacy section, including Education USA advisors and locally engaged staff, as they are valuable resources in evaluating local education systems.  PD personnel advise prospective students and evaluate their educational backgrounds and have experience with and knowledge of local schools.  To determine the authenticity of any particular document, you will need to work with your Fraud Prevention staff to develop expertise in making that determination.  Interviewing officers may wish to consult with other posts when in doubt about the authenticity of educational certificates from countries outside their consular district.
(b)  A DV refusal must be based on evidence that the alien did not in fact obtain the required degree and not on your assessment of the alien's knowledge level.  You may not administer an exam, either oral or written, to test an applicant’s basic knowledge in order to determine whether they have the equivalent of a U.S. high school education.  You may not refuse a DV applicant solely on the basis of your analysis of the applicant's basic knowledge.  Doubts about the applicant’s claimed educational level raised by your interview, however, may lead you to investigate the authenticity of the educational credentials claimed by the DV applicant.
d. Work Experience:
(1)  No Labor Certification:  The labor certification requirement of INA 212(a)(5) does not apply to applicants applying as DV immigrants. Applicants, however, who do not meet the education requirement, must meet the work experience requirement of two years of experience in an occupation which requires at least two years training or experience within the five-year period immediately prior to application, or be able to meet the requirement prior to the end of the fiscal year in which the applicant was selected.  If the applicant does not meet this requirement at the time of the interview, you should refuse the case 5A. If the requirement is met before the end of the fiscal year and visas are still available for the region, you may overcome the refusal and issue the visa.
(2)  Work Experience Evaluation:  If an applicant does not have the equivalent of a high school education, you must evaluate their work experience.  You must use the Department of Labor’s O*Net OnLine database to determine qualifying work experience (see paragraph (3) below.)  All applicants qualifying for a DV on the basis of their work experience must, within the past five years, have two years of experience in an occupation that is classified in a Specific Vocational Preparation (SVP) range of 7.0 or higher.
(3)  Using O*Net Online to Determine Work Experience:
(a)  Instructions for Determining the Applicant's Specific Vocational Preparation (SVP) Rating:
(i)     Log on to the Department of Labor’s O*Net OnLine website;
(ii)    Click on the “Find Occupations” link;
(iii)    On the “Find Occupations” screen, enter occupational title, such as, “mason, “painter,” “hairdresser,” etc., and click on the “Go” button.  A search results page appears with a list of various occupation titles that relate to whatever job title was entered. Click on the link in the “Occupation” column for the title that seems appropriate for the DV applicant's job experience;
(iv)   A brief description for the job title will appear followed by more detailed data covering the following areas: tasks, knowledge, skills, abilities, work activities, work context, job zone, interests, work values, related occupations, and wages and employment.
(b)  What SVP Range Qualifies an Applicant's Job Experience for the DV Program?  The O*Net Online database groups job experience into five "job zones."  Zone 4 includes all occupations for which more than two years experience on the job is required.  An occupation in Job Zone 4 has an SVP range of 7.0 to < 8.0 (7.0 to less than 8.0) and will qualify an applicant for the DV program.  Thus, all applicants qualifying for a DV on the basis of their work experience must, within the past five years, have two years of experience in an occupation that is classified in a SVP range of 7.0 or higher (i.e., an occupation in Job Zone 4).
e. Principal Registrants Under Age 18:  Although there is no minimum age for submission of an entry, the requirement for a high school education or work experience will effectively disqualify most persons under age 18.
9 FAM 502.6-4  DIVERSITY VISA PROCESSING
(CT:VISA-175;   09-13-2016)
a. Diversity Visa Chargeability, Numerical Control:
(1)  DV Numerical Control:  The Department will have centralized control of the DV numerical limitation. (See 9 FAM 503.4.)
(2)  DV Chargeability:  As stated in the regulatory definition, the normal rules of chargeability apply to INA 203(c) immigrants.  Many applicants may seek beneficial treatment from the rules of cross chargeability, as in the following examples:
(a)  A spouse or child born in a country that is not among those for which DVs are available (a non-qualifying country) may use the principal registrant’s chargeability when they are accompanying or following-to-join;
(b)  A child born in a non-qualifying country in which neither parent was born nor resident at the time of the child’s birth, may claim the birthplace of either parent;
(c)  A principal registrant born in a non-qualifying country and the spouse who was born in a qualifying country may be issued DVs, provided the relationship was established prior to submitting the entry.  In such instances, however, both applicants are considered principal applicants for the purpose of cross-chargeability and must be issued visas and apply for admission to the United States simultaneously.
(d)  A principal registrant born in a country that is among those for which DVs are available may derive a more favorable foreign state of chargeability from an accompanying alien spouse.  For example, a principal applicant from a DV eligible country from a high-admission region may claim a more favorable chargeability from a spouse, who is from a DV eligible country from a low-admission region, provided the relationship was established prior to submitting the DV entry.  In such instances, however, both applicants are considered principal applicants for the purpose of cross-chargeability and must be issued visas and apply for admission to the United States simultaneously.
(3)  Errors in Choice of Country of Chargeability:  If the entrant chooses the wrong country of chargeability at the time of the initial entry, the error will generally be disqualifying.  However, if a DV applicant chooses a country of chargeability on the DV entry form that is within the same geographic region (one of the six) as the correct country of chargeability, and you determine that the applicant gained no benefit from his or her error, and there are no fraud concerns, you may continue processing the application using the correct country of chargeability in IVO.  Post may need to obtain additional DV number(s) for the correct country of chargeability from the Immigrant Visa Control and Reporting Division (CA/VO/DO/I), as necessary, via a VISAS FROG message (see 9 FAM 604.2-1).
b. Diversity Visa Entries and Applications:
(1)  Diversity Visa Entries – Overview:
(a)  General Instructions for DV Entries:
(i)     Each year, the Department of State will publish rules for the next fiscal year's DV program in the Federal Register.  Rules for a DV program in any fiscal year stipulate what information must be included on the DV electronic entry form, such as name, photo requirement, etc., as well as other requirements for the program and the DV lottery registration website.  This electronic entry form is considered the petition required by 22 CFR 42.33 and INA 203(c).
(ii)    We will establish a period for the submission of DV entries of at least 30 days each fiscal year in which the lottery will be conducted.  To ensure wide dissemination of the information both abroad and in the United States, we will provide timely notice of the program’s rules and the exact dates of the registration period through publication in the Federal Register and by other methods.
(b)  Number of DV Entries:
(i)     Only one entry by or for each person is allowed during each registration period.  Submission of more than one entry disqualifies the applicant fromselection.  Registrants may be disqualified at any time if more than one entry is discovered.  Registrants may prepare and submit their own entries, or have someone submit the entry for them.
(ii)    Spouses, if both are qualified, may each submit one entry.  If either is selected, the other is entitled to derivative status.
(c)  Meeting DV Submission Requirements:  Only those entries which meet the eligibility requirements specified in 22 CFR 42.33(a)(1) and the petition requirements specified in 22 CFR 42.33(b)(1-2), and which are received during the time period specified by the Department for each fiscal year, will be considered for selection for immigrant visa processing under INA 203(c).  Entries lacking the required information or photos will be rejected by the registration website or disqualified at a later date during processing by KCC or at post.
(2)  Submitting DV Entries: 
(a)  Place of Registration:  To be accepted for DV selection, entries must be submitted electronically during the specified registration period at the Department’s designated website.
(b)  Photos:  Photo specifications are detailed in the annual DV Bulletin and also posted at the Department’s “travel.state.gov‟ website.  The Department will disqualify entries lacking the required photos or including invalid photos.  You must review the entry photo at the time of adjudication.  If you determine that the photo on the entry is not that of the applicant, you may pursue a refusal under INA 212(a)(6)(C).  The entry photograph may be viewed through the CCD under the “Immigrant & Diversity” section, “DVIS Applicant” report or on the eDV button on the IVO system.
(c)  Derivatives:
(i)     Except as specified in paragraph ii below, entries must include the name, photograph, date and place of birth of the applicant’s spouse and all natural children, as well as all legally-adopted and stepchildren, who are unmarried and under the age of 21 as of the date of the initial entry.  All derivatives must be included even if the registrant is no longer legally married to the child’s parent, and even if the spouse or child does not currently reside with the registrant and/or will not immigrate with such applicant.  Married children and children 21 years or older cannot qualify for the diversity visa on the basis of a parent's application.  Entries lacking all of the required information may be disqualified at any time prior to selection, after selection, or during the visa application process.  Visa applications lacking all required information will be refused.
(ii)    By regulation, registrants are not required to include spouses and children who are already U.S. citizens or Lawful Permanent Residents (LPRs) on the entry.  A failure to include on the entry spouses and children who are in fact U.S. citizens or LPRs cannot be used as grounds for denial.
(iii)    You must deny the applications of applicants who failed to list on their initial entries a spouse or all children who were required to be listed.  This does not include a spouse or child who was acquired subsequent to submission of qualifying DV entry.  The spouse of a principal alien, if acquired after the initial entry and prior to the principal alien’s admission, or the child of a principal alien, if the child was born after entry or is the issue of a marriage which took place after entry and prior to the principal alien’s admission to the United States, although not named on an application, is entitled to derivative DV status.
(iv)   If post believes a case merits issuance despite apparent failure to comply with this instruction, post can submit the case for an advisory opinion to the Advisory Opinions Division (CA/VO/L/A).
(3)  Diversity Visa Application Validity:
 (a) Under INA 204(a)(1)(I)(ii)(II), persons selected as DV immigrants are entitled to apply for visa issuance only during the fiscal year for which the entrywas submitted.  The application is valid until midnight of the last day of the fiscal year for which the petition was submitted.  There is no carry-over of benefit into another year for persons who do not receive a visa during the fiscal year for which they registered.  Following-to-join derivative visas must be issued during the same fiscal year as that of the principal beneficiary.
(b)  Death of Principal Registrant:  The death of the principal registrant must result in the automatic revocation of the application.  Thereafter, derivative beneficiaries are no longer entitled to the DV classification.
c.  KCC and DV Ranking:
(1)  KCC Role:
(a)  Selected DV entries are processed at KCC.  KCC processes approximately 125,000 registrants (both principals and dependents) each year.  KCC will notify posts of the number of registrants from their DV-processing area who were selected, broken down by country of residence.  The Department will maintain a computer-generated master list of selected registrants. The list is not publicly released. 
(b)  KCC will hold the case until those selected are entitled to make a formal application for visa issuance at a U.S. consular office abroad, or an adjustment of status with DHS in the United States.
(2)  DV Selection and Ranking:
(a)  Entries received during the designated registration period for the DV program will be separated into one of six geographic regions.  At the end of the registration period, a computer will randomly select numbers.  All entries successfully received during the registration period will have an equal chance of selection within the respective region.
(b)  The selected entries for each region will have a rank order number consisting of two letters followed by eight digits, i.e., AF00000925.  Within each region, the first entry randomly selected will have a rank order number 00000001, the second entry selected will be 00000002, etc.  The letter codes are:
AF
Africa

AS
Asia

OC
Oceania

EU
Europe

NA
North America

SA
South America, Central America and the Caribbean

(c)  Each month visa numbers will be allocated to applicants who are within the applicable rank cut-off for that month and have been reported documentarily qualified.  Applicants are considered documentarily qualified when KCC confirms that the applicant has properly completed and submitted the DS-260.
d. Processing Diversity Visa Cases:
(1)  Instruction Package for Immigrant Visa Applicants: 
(a)  If a case is selected for additional processing, the entrant will be notified electronically via Entrant Status Check, and instructed to complete Form DS-260, Online Application for Immigrant Visa and Alien Registration.
(b)  Each visa applicant must follow the electronic instructions and electronically submit Form DS-260 to KCC.  As soon as KCC has reviewed the DS-260 and made any required updates to the electronic DVIS record, the applicant will be considered documentarily qualified.  In order to avoid potential delay in the scheduling of DV applicants, KCC does not collect any additional information or forms.  KCC may ask applicants to update Form DS-260 if information is missing but will not delay scheduling if waiting for a response.
(2)  Immigrant Visa Appointment Package:  KCC will schedule an appointment for a documentarily qualified applicant when his or her regional lottery rank number is about to become current.  KCC will notify scheduled applicants by e-mail that they should log into the Entrant Status Check website to obtain their appointment letters and further instructions.  When scheduled applicants log into the ESC, they will be referred to the pre-interview instructions on the Diversity Visa Process website.  On that website, applicants will be able to review post-specific instructions, and any additional required forms.
(3)  Creation of Immigrant Visa File:  KCC will review each DS-260 submission as they are received, and will update the electronic record in DVIS as required.  In cases where a potentially disqualifying factor has been identified at KCC during case creation, a remark will be entered at the top of the DS-260 for the interviewing consular officer's information.  KCC has no adjudicatory role, and so cannot determine an applicant's eligibility or qualification for the visa.  Remarks are intended as additional information for officers to review as part of the adjudication process.
e. Diversity Visa Fee:  There is no fee for submitting the initial entry for the DV program.  However, those registrants who are selected and apply for DV immigrant visas will be required to pay a DV Lottery Fee  at the time of the formal interview.
(1)  Collection of Fee:  Section 636 of Public Law 104-208, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, authorized the Department to collect a fee for the processing of DV immigrant visas.  The DV Lottery Fee incorporates the standard IV processing fees, including the IV Application Fee and the IV Security Surcharge, and is specified in the Schedule of Fees for Consular Services. Posts must collect the DV Lottery Fee at the time of the applicant’s formal interview.
(2)  Processing Cases to Conclusion:  We can appreciate posts' efforts to prescreen applications allowing unqualified applicants to withdraw their applications to avoid paying the required fees.  Nevertheless, like all other visa applications, it is important to process such cases to conclusion and not to simply allow the candidate to withdraw the application.  Instances have arisen where DV winners who were advised not to make an application at a post abroad have then entered the United States and requested adjustment of status processing at DHS.
f.  Diversity Visa Ineligibility Grounds:
(1)  Applicants who establish that they qualify for DV immigrant visa classification are subject to all grounds of ineligibility specified in the Immigration and Nationality Act other than the labor certification requirements.  There are no special provisions for a waiver of any ground of visa ineligibility other than those ordinarily provided in the INA.
(2)  Refusals for Unqualified Applicants:  Any applicant for a DV visa who fails to establish that they possess the requisite qualifications, including a valid entry for participation in the DV program, is ineligible under INA 212(a)(5)(A)(i).  It is not appropriate to refuse a DV applicant under INA 212(a)(5)(A)(i) when a fraud investigation is needed before determining whether an applicant is qualified for a DV (e.g., if you suspect that the DV applicant does not possess the requisite education or work experience or if you suspect that the DV derivative applicant does not possess the requisite relationship to the DV principal applicant).  In those cases, you must refuse the application under INA 221(g) pending the outcome of a fraud investigation.
(3)  INA 221(g) Refusals:
(a)  Interviewing officers should verbally stress the importance of submitting the requested information, preferably within the same month.  When applicable, officers should advise applicants that failure to return promptly may mean that visa numbers will no longer be available and the applicant may miss the opportunity to obtain a visa.
(b)  Posts must prepare a stamp to be placed on refusal letters to DV applicants refused under 221(g), with the following message:
Attention:  Under no circumstances can a visa be issued or an adjustment of status occur in your case after September 30, ____. 
Very important:  Because of the limited number of visas that may be issued under this program, visas may cease to be available even before this date.  This is especially true the closer to September 30 an application or re-application is made.
(c)  Cases that are in INA 221(g) refusal status at the end of the fiscal year may be left in that status. You do not need to enter an additional refusal (such as INA 212(a)(5)(A)(i)) to close the case.
(4)  Public Charge:  While many categories of immigrants must submit the legally binding Form I-864, Affidavit of Support Under Section 213A of the Act, the DV category is not one of them.  You can consult 9 FAM 302.8-2(B)(12)-(14) for standards of processing public charge issues in immigrant visa cases that do not involve the I-864, Affidavit of Support Under Section 213A of the Act.
(5)  Waivers:  Unlike applicants eligible for immigrant visas under other programs involving random selection, there are no special provisions for a waiver of any ineligibility grounds for DV applicants. The regular ineligibility waiver provisions of the INA, including INA 212(e), still apply.
g. Following-to-Join Applicants:  DV applicants are informed in the electronic notification of how to adjust status to lawful permanent residence in the United States.  A principal applicant who has adjusted status may file Form I-824, Application for Action on an Approved Application or Petition with USCIS requesting DHS send the Form I-824, upon its adjudication, to consular posts as verification of his or her LPR status.  Upon receipt of this information, posts must send any derivative family members instructions for accessing the Form DS-260, Online Application for Immigrant Visa and Alien Registration, and the Packets for Immigrant Visa Processing (see 9 FAM 504.4-2(A)(2)) for completion.  Post must notify the KCC of the adjustment of the principal applicant so that the electronic case can be modified and transmitted to post to allow visa issuance to the derivative family members.  Proof of the principal applicant’s adjustment of status must be provided to the KCC.  Posts can then process these cases to conclusion, obtaining additional DV numbers from the Immigrant Visa Control and Reporting Division (CA/VO/DO/I,) as necessary, via VISAS FROG messages (see 9 FAM 601.7-6).  Spouses and children who derive status from a DV application can only obtain visas in the DV category during the same Fiscal Year in which the principal applicant was admitted or adjusted status.  Applicants cannot follow-to-join after the end of the Fiscal Year.
h. Transfer of DV Cases:
(1)  Posts are to follow normal IV case transfer procedures when a DV applicant asks that his or her case be transferred to a different post for processing. (See 9 FAM 504.4-9.)
(2)  DV cases should not be returned to KCC for forwarding to another post as this delay may disadvantage the applicant, resulting in loss of opportunity for the visa interview and visa issuance if there is retrogression in the rank-order number.
​

(The following was posted on USCIS blog, The Beacon.)

If someone claiming to be a government official or law enforcement officer calls making threats such as deportation, beware! Hang up and report it!

​Here’s How it Works

A number appears on your caller ID that may look like a legitimate government number. When you answer, the person on the phone poses as a USCIS or other government official or law enforcement officer. The scammer will say that there is a problem with your application or additional information is required to continue the immigration process. Then, they will ask for personal and sensitive details and may demand payment to fix problems. The scammer may tell you to make a money transfer or go to a store to purchase a money order, voucher or make some other type of money exchange, payment or withdrawal. They may threaten you with deportation or other negative consequences if you do not pay.

If you receive a call like that, we urge you to hang up immediately. 

Please NOTE that USCIS will never call to ask for any form of payment over the phone or in an email. If they need payment, they will mail a letter on official stationery requesting payment. Do not give payment over the phone to anyone who claims to be a USCIS official. In general, we encourage you to protect your personal information and not to provide details about your immigration application in any public area.

If you have been a victim of this telephone or email scam, please report it to the Federal Trade Commission athttp://1.usa.gov/1suOHSS. If you receive a suspicious email or voice message and are not sure if it is a scam, forward it to the USCIS webmaster at [email protected]. We will review the messages received and share with law enforcement agencies as appropriate. Visit the Avoid Scams Initiative at uscis.gov/avoidscams for more information on common scams and other important tips.

If you have a question about your immigration record, please call the National Customer Service Center at 800-375-5283 or make an InfoPass appointment at http://infopass.uscis.gov. You can also use myUSCIS to find up-to-date information about your application process.

​Beware of phone, internet, notario scams targeting immigrants. If in doubts, consult a licensed immigration attorney or USCIS.

​Read here. 

A case from New York: a couple of immigration attorneys, paralegals and other office workers in three law firms in NY were convicted in 2014 for a conspiracy to commit immigration fraud pursuant to 18 U.S.C. § 371. The group was a part of a multi-year conspiracy helping Chinese clients to submit fraudulent asylum applications to federal immigration authorities. 

In 2015, the Second Court of Appeals upheld the convictions. 

This is the most widely-spread kind and unethical kind of immigration fraud. Stay away from the lawyers or "consultants" who offer to help to prepare and submit on your behalf any fraudulent immigration application, petition or form. Never sign any blank immigration forms. Beware of immigration fraud. It can end in a criminal conviction, deportation to follow and other serious consequences.

Briefly in Russian: Несколько адвокатов, юристов, помощников адвоката и сотрудников 3-х юридических фирм в Нью-Йорке были признаны виновными и приговорены к тюремному заключению от 1 года до 4 лет за оказание "услуг", заключающихся в подготовке обманных заявлений на политическое убежище для клиентов из Китая. Они составляли заведомо ложные заявления, придумывали истории своим клиентам, разучивали с ними истории преследования и тренировали их как отвечать на вопросы, чтобы убедить офицера в asylum office или судью в реальности их выдуманных историй, с целью получения политического убежища и затем вида на жительство, и гражданства США.

Держитесь подальше от адвокатов, фирм и "консультантов" или "нотариусов", которые предлагают такие нелегальные и неэтичные услуги. Помните, что и для них и для вас это может закончится печально: судимость, тюремное заключение, депортация и т.п. Такие преступные группировки существуют во многих штатах, не только в Нью-Йорке. За многими из них следит ФБР и сотрудники Департмента Гос Безопасности DHS.

Помните, что поодача заведомо ложного или обманного заявления на политическое убежище или другого иммиграционного заявления или петиции - это уголовнонаказуемое преступление.

Read more here.

Manhattan U.S. Attorney Preet Bharara said, “As the jury found, Feng Ling Liu, Vanessa Bandrich, and Rui Yang assisted immigrants in obtaining asylum status under false pretenses, including by using concocted tales of persecution. These defendants will now join the 27 others who have been convicted in connection with this sprawling immigration fraud scheme.”

According to the Indictment filed in Manhattan federal court, public court filings, and the evidence admitted at trial:

Liu, a lawyer, operated two law firms—the Law Offices of Feng Ling Liu and Moslemi and Associates Inc.—both of which assisted aliens from China in obtaining asylum status through fraud. Liu and her employees profited by creating and submitting asylum applications containing false stories of persecution purportedly suffered by alien applicants. Bandrich worked as a lawyer at one of Liu’s firms, Moslemi and Associates Inc. In that capacity, she prepared certain clients to tell false stories of persecution in immigration court proceedings related to their asylum application. Bandrich also opened a separate law firm, Bandrich and Associates Inc. (Bandrich firm), that assisted clients in obtaining asylum status through fraud. Yang was an office worker at the Bandrich firm and helped the firm’s clients prepare their false asylum applications.

The appelate court upheld the convictions and sentences of a New York City attorney and three law office workers alleged to have been part of an elaborate scheme to fraudulently secure asylum for hundreds of Chinese immigrants. 

The appeals court said the evidence was “more than sufficient” to support the conviction of Vanessa Bandrich, the named partner and lone attorney at Bandrich & Associates, on one count of conspiracy to commit immigration fraud.

In the same ruling, the panel upheld an 11-month prison sentence for office worker Guo Qin Miao and a 41-month prison term given to Yuchang Miao. Yuchang Miao, an alleged ringleader of the scheme, managed a Manhattan law office and was married to Feng Ling Liu, another lawyer convicted in the scheme.

​And more details here. 

Any suspected immigration fraud, including asylum fraud, or other criminal activity can be reported by phone or email to ICE, a law enforcement branch of DHS. Click here. 

9 FAM 502.7-5  K VISAS – SPOUSE OR FIANCÉ (E) OF U.S. CITIZEN (AND THEIR CHILDREN)
9 FAM 502.7-5(A)  Related Statutory and Regulatory Authorities
9 FAM 502.7-5(A)(1)  Immigration and Nationality Act
(CT:VISA-1;   11-18-2015)
INA 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)); INA 101(b)(1) (8 U.S.C. 1101(b)(1)); INA 203(a) (8 U.S.C. 1153(a)); INA 204(a)(1) (8 U.S.C. 1154(a)(1)).
9 FAM 502.7-5(A)(2)  Code of Federal Regulations
(CT:VISA-1;   11-18-2015)
(Previous location:  9 FAM 41.81 Regulatory Provisions; CT:VISA-1813;   03-05-2012)
22 CFR 41.81; 8 CFR 214.2(k).
9 FAM 502.7-5(A)(3)  Public Laws
(CT:VISA-163;   08-25-2016)
Legal Immigration Family Equality Act (LIFE Act), Public Law 106-553; District of Columbia Appropriations Act, 1999, Public Law 106-113, sec. 237; International Marriage Broker Regulation Act of 2005 (IMBRA), Public Law 109-162, sec.831-834; Adam Walsh Child Protection and Safety Act of 2006 ("Adam Walsh Act"), Public Law 109-248, sec. 402.
9 FAM 502.7-5(A)(4)  United States Code
(CT:VISA-1;   11-18-2015)
18 U.S.C. 1801.
9 FAM 502.7-5(B)  Overview of K Visa Classifications
(CT:VISA-163;   08-25-2016)
a. The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a U.S. citizen.  The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.  Eligible children of K-1 visa applicants receive K-2 visas.
b. The K-3 nonimmigrant visa is for the foreign-citizen spouse of a U.S. citizen. This visa category is intended to shorten the time the foreign-citizen and U.S. citizen spouses must be separated by providing the option to obtain a nonimmigrant visa overseas and enter the United States to await approval of the immigrant visa petition.  Eligible children of K-3 visa applicants receive K-4 visas.
c.  Classification under INA 101(a)(15)(K):
(1)  Classification under INA 101(a)(15)(K)(i) (Fiancé(e) of U.S. Citizen – K-1): 
(a) Fiancé(e):  An alien may be classified as a K-1 if he or she is the beneficiary of an approved Form I-129F, Petition for Alien Fiancé́(e), for issuance of a nonimmigrant visa.  If you are satisfied that the alien is qualified to receive such a visa, the alien may be admitted to the United States for the purpose of concluding a marriage to the petitioner within a 90-day period.
(b)  Alternative Classification:  The inclusion of INA 101(a)(15)(K) in the nonimmigrant classifications is not intended to prohibit an alien fiancé́(e) of a U.S. citizen from applying for and obtaining an immigrant visa or a nonimmigrant visa under another classification, if the alien can qualify for an alternative classification.  For example, an alien proceeding to the United States to marry a U.S. citizen may be classified B-2, if it is established that following the marriage the alien will depart from the United States. (See 9 FAM 402.2-4(B)(1).)
(2)  Classification under INA 101(a)(15)(K)(ii) (Spouse of U.S. Citizen – K-3):  Public Law 106-553 established a new category of nonimmigrant visa for the spouses of U.S. citizens who await approval of a Form I-130, Petition for Alien Relative, to enter the United States as nonimmigrants. The symbol for the beneficiaries of this category is K-3.
(3)  Classification under INA 101(a)(15)(K)(iii) (Child of K-1 – K-2, and Child of K-3 – K-4):
(a)  This provision is for the children of either a K-1 or a K-3. An accompanying or following-to-join child (as defined in INA 101(b)(1)) of a K-1 is entitled to K-2 derivative status.  The child of a K-3 who is accompanying or following-to-join a K-3 principal alien is entitled to K-4 derivative status.
(b)  Time Limit for Child of K-1 Fiancé(e):  USCIS and the Department have agreed that the child of a K-1 principal alien may be accorded K-2 status if following to join the principal alien in the United States even after the principal alien has married the U.S. citizen fiancé́(e), and acquired Lawful Permanent Resident (LPR) status.  However, the cutoff date for issuance of a K-2 visa is one year from the date of the issuance of the K-1 visa to the principal alien.  After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required.
(c)  Time Limit for Child of K-3:  USCIS and the Department have agreed that the child of a K-3 principal alien may be accorded K-4 status if following to join the principal alien in the United States even after the principal alien has acquired LPR status.  However, the cutoff date for issuance of a K-4 visa is one year from the date of the issuance of the K-3 visa to the principal alien.  After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required.
d. K Visa Petitions:
(1)  Filing Form I-129F, Petition for Alien Fiancé(e) (K1): 
(a)  Fiancé(e) Petition:  Form I-129F, Petition for Alien Fiancé(e), may not be filed with, or approved or denied by, a consular officer or an immigration officer stationed abroad.  All K visa petitions must be filed with USCIS district office having jurisdiction over the petitioner’s current or intended residence in the United States.  If the citizen fiancé́(e) is abroad at the time the K visa petition is filed, you should advise the petitioner to send the completed petition, supporting documents, and appropriate fee to the DHS USCIS service center with jurisdiction over his or her state of intended residence after marriage.  The USCIS website has complete information on service center jurisdiction.  After the petition is approved, USCIS will transmit it to NVC, which will alert the appropriate post.
(b)  Validity of a K-1 Petition:  An approved K-1 visa petition is valid for a period of four months from the date of USCIS action.  However, the consular officer may revalidate the petition any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States.  However, the longer the period of time since the filing of the petition, the greater the concern about the intentions of the couple, particularly the intentions of the petitioner in the United States.  If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, including instances where no action has been taken on the application for a year (while refused under INA 221(g)), the petition should be returned to the approving office of USCIS with an explanatory memorandum.  (See 9 FAM 502.7-5(B) paragraph b.(5) for revalidation procedure.)
(2)  Petition for Classification under INA 101(a)(15)(K)(ii) (K3): 
(a) An alien seeking admission under INA 101(a)(15)(K)(ii) must be the beneficiary of a K-3 petition filed by a U.S. citizen in the United States. USCIS is using the usual Form I-129F, Petition for Alien Fiancé́(e), for this purpose.  As noted in 9 FAM 502.7-5(C)(1) paragraph a, if the couple married outside the United States, the visa must be issued by a consular officer in the foreign state in which the marriage was effected.
(b)  In order to file an I-129F petition for a K-3 visa, the petitioner must first file an I-130 Petition for an Alien Relative with USCIS. USCIS will send the petitioner an I-797 receipt confirming that the I-130 petition has been received.  Only then can the petitioner proceed to file the I-129F petition for the K-3.  When an I-130 and an I-129F for the same petitioner and beneficiary are filed with the same USCIS service center, USCIS will only proceed with the adjudication of the I-130 petition.
(3)  No Petition for Child of K-1 or K-3:  The unmarried child of a K-1 or K-3 applicant does not require a petition.  The applicant needs only to demonstrate that he or she is the “child” (as defined in INA 101(b)(1)) of an alien classified K-1 or K-3.  K-2 or K-4 applicants are required to sign a form apprising them that entering into a marriage prior to obtaining adjustment of status will render them ineligible for adjustment  in the IR-2 or CR-2 category.
(4)  Termination of K Visa Petition Approval:  USCIS regulations (8 CFR 214.2(k)) provide that the death of a petitioner or written withdrawal of the petition prior to the arrival of the beneficiary in the United States automatically terminates the approval of the petition.  You should return the petition to the approving USCIS office with an appropriate memorandum via the NVC.
(5)  Revalidation of Fiancé(e) Petition:  When a K visa petition is revalidated as described in 9 FAM 502.7-5(B) paragraph d(1)(B), the notation “Revalidated to (date)” should be placed in the “Remarks” block of the petition over the signature and title of the consular officer.  The date when the revalidation was processed should also be shown.
 
9 FAM 502.7-5(C)  K Visa Processing
https://fam.state.gov/FAM/09FAM/09FAM050207.html
9 FAM 502.7-5(C)(1)  Acceptance of K Visa Applications
(CT:VISA-1;   11-18-2015)
(Previous location:  9 FAM 41.81 N3; TL:VISA-756 07-27-2005)
a. K-1 and K-2 visas must be processed and issued only at immigrant visa issuing posts.  If a nonimmigrant visa issuing post receives a K-1 visa petition, it should forward the petition to the IV issuing post which covers the consular district, unless the post has been specifically authorized to process K visas.
b. Subject to paragraph c below, applicants for K-3 or K-4 visas should also be processed at IV posts, as K-1s are, but in some cases they may have to be processed at a consular post that normally issues only NIVs because there is no IV post in the country.
c.  The statute requires that a K-3 visa for an applicant who married a U.S. citizen outside the United States be issued a visa by a consular officer in the foreign state in which the marriage was concluded.  However, if no visa-issuing post is located in that country, the K-3 applicant should apply at the consular post designated to handle “homeless” IV cases for that country.  A K-4 visa applicant may be issued a visa at any IV issuing post, or, in the circumstances noted above, at a nonimmigrant post if there is no IV issuing post in the country.
9 FAM 502.7-5(C)(2)  K Visa Pre-Interview Processing
(CT:VISA-163;   08-25-2016)
a. Timely Visa Processing: 
(1)  The interview with the consular officer is the most significant part of the visa issuing process.  It is particularly important from the point of view of full and correct application of the law.  Section 237 of Public Law 106-113 requires that the Department establish a policy under which fiancé́(e) visas be processed within 30 days of receipt of the necessary information from the applicant and the Department of Homeland Security.  The Department expects all posts to strive to meet the 30/60 day requirements.
(2)  Since the underlying purpose of the Legal Immigration Family Equity (LIFE) Act is to reunite families, it is important that posts process these cases as quickly as possible.  Posts should first process immigrant visas cases that are current for processing and for which visa numbers are available.  The second priority should be V-1 and K-3 applicants and their children.
b. Action When K-1 Petition Received:  Upon the receipt of an approved I-129F petition for a K-1 applicant, the post should send a letter to the beneficiary outlining the steps to be taken to apply for a visa.  If the initial four-month validity of a petition has expired without a response to the post’s letter, you should send a follow-up letter to the beneficiary, with a copy to the petitioner, and request a reply within 60 days.  If the 60-day period passes without a response from either party, or, if the response indicates that the couple no longer plans marriage, the case is to be considered abandoned; the petition is to be retained at the post for a period of one year and then destroyed.
c.  Action When K-3 Petition Received: Upon receipt of an approved I-129F petition for a K-3 applicant, consular staff should check the Person Centric Query Service (PCQS) to determine if the associated I-130 petition has already been approved.  If the I-130 has been approved, the I-129F for the K-3 visa application should be refused under section 5A, and the I-129F should be kept in the file with the corresponding I-130 petition when it is received by post.  The petitioner and beneficiary should be advised that post will notify them when the approved I-130 petition is received at post.  If the I-130 petition has not yet been approved, then the I-129F is still valid and post may continue processing the K-3 visa application.
d. Applicant Informed of Requirement for Visa:   Upon the receipt of a K visa petition approved by U.S. Citizenship and Immigration Services, post should promptly send to the applicant:
(1)  Instructions for accessing Form DS-160, Online Nonimmigrant Visa Application;
(2)  One copy of the petitioner's approved Form I-129F, together with any criminal background information (including information on protection orders) that USCIS has gathered on the petitioner and any information that USCIS has provided regarding prior Form I-129F filings by the petitioner (see 9 FAM 502.7-5(D)(1) for more specifics);
(3)  One copy of USCIS's pamphlet (in paper or electronic form), "Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa."
9 FAM 502.7-5(C)(3)  K Visa Documentary and Clearance Requirements
(CT:VISA-163;   08-25-2016)
a. Standard Requirements:  The following records and documents are required for presentation at the time of K visa application:
(1)  Form DS-160, Online Nonimmigrant Visa Application;
(2)  Valid passport (except for a person coming under 22 CFR 41.2 paragraphs (a), (b), (h));
(3)  Birth certificate;
(4)  Police certificates (in addition to supplying a police certificate from the present place of residence, the applicant must also present police certificates from any place or places of residence for six months or more since attaining the age of 16);
(6)  The applicant must present proof of relationship to the petitioner at the time of the interview;
(7)  Evidence of termination of any prior marriage of beneficiary (if the petition does not indicate that such evidence was previously submitted); and
(8)  Form DS-2054, Medical Examination for Immigrant and Refugee Applicant and associated worksheets DS-3025, DS-3026, andDS-3030.  Please see 302.2 for additional information on the medical examination requirements for K visa applicants.
b. Accompanying Child:  If the applicant is to be accompanied by a minor child or children, Form DS-160, Online Nonimmigrant Visa Application, is required for each child.  The accompanying child also requires a valid passport (or may be included in the parent’s passport), a birth certificate, and a medical examination.  No chest X-ray or serologic tests are required if the child is under 15 years of age.  If a child is 16 years of age or over, police certificates are required.
c.  Public Charge, Evidence of Support: 
(1)  A K visa applicant and any accompanying children must meet the public charge requirement of INA 212(a)(4) like any other visa applicant.  Evidence of support is usually requested by the consular officer.  There is, however, no absolute requirement that an affidavit of support or other public charge documentation be presented.  It is only necessary that you are able to conclude that the alien is not likely to become a public charge.  It would not be unusual, therefore, for a healthy alien of working age, applying alone, to be able to establish eligibility during the visa interview without the need for substantiating documentation.
(2)  Form I-864, Affidavit of Support Under Section 213A of the Act, cannot be required.  Applicants may submit a letter from the petitioner’s employer or evidence that they will be self-supporting.  Form I-134, Affidavit of Support, may be requested when you deem it useful.
d. Medical Exam:  As noted above, the applicant must undergo the standard immigrant visa medical examination by a panel physician, and submit appropriated documentation as required including Form DS-2054, Medical Examination for Immigrant and Refugee Applicant, and associated worksheets DS-3025, DS-3026, and DS-3030.  See 9 FAM 302.3-3(A) paragraph c for more information on medical exams and vaccination requirements for K visa applicants.
e. Clearances:  
(1)  A National Crime Information Center name check must be done by the National Visa Center for each applicant.
(2)  Upon receipt of the completed Form DS-160, you should initiate clearance procedures.  If the applicant, since attaining the age of 16, has resided for one year or more in a country other than the one of visa application, the security clearance procedures used in immigrant visa cases are to be followed.
(Previous location:  9 FAM 41.81 PN3.6 a; CT:VISA-1097 10-31-2008)
f.  Fees:  There is no additional processing fee for K visas. Applicants will pay only the standard Machine Readable Visa (MRV) fee. There are no separate reciprocity fees.
9 FAM 502.7-5(C)(4)  K Visa Interview
(CT:VISA-163;   08-25-2016)
a. The Alien is to be Invited for an Interview When:
(1)  The alien has reported that all of the necessary documents have been collected; and
(2)  The medical examination has been completed and the report is or will be available before the interview.
b. You must direct the interview to determine eligibility as if the alien were applying for an immigrant visa in the immediate relative category. You must also:
(1)  Inform the K-1 or K-3 visa applicant of any protection orders or criminal background information regarding the petitioner that U.S. Citizenship and Immigration Services has reported with an approved K petition. After informing the applicant, give the applicant time to decide whether he or she wishes to proceed with the K visa application, and, in the case of an applicant for a K-1 visa, whether he or she still intends to marry the petitioner within 90 days of entering the United States. Enter appropriate case notes into the IVO system to indicate that the applicant received notice of the petitioner's criminal background information (see 9 FAM 502.7-5(D)(1) for more specifics);
(2)  Inform the K-1 or K-3 visa applicant of any previously approved Form I-129F petitions filed by the petitioner.  You will find this information on the approved Form I-129F as USCIS annotates approved Form I-129F petitions to indicate multiple filings.  (Note: Under IMBRA, if a U.S. citizen already has had two fiancé(e) or spousal petitions approved less than ten years prior to the filing of a subsequent petition, the K-1 or K-3 applicant who is the beneficiary of the subsequent petition is to be notified.  Absent an IMBRA waiver, USCIS may not approve a petition filed by an individual who (1) has filed two or more previous fiancé(e) or spousal petitions; or (2) has had such a petition that was filed within the previous two years approved.  USCIS indicates these waivers by noting "IMBRA waiver approved" in the approved petition's Remarks block.  Aside from informing the beneficiary of the previous petitions, no additional steps are required of you.)  Make appropriate case notes in IVO;
(3)  Ask the applicant whether an international marriage broker (IMB) facilitated the relationship with the petitioner and if so, identify the IMB, and then ask if the IMB complied with the International Marriage Broker Regulation Act of 2005 (IMBRA) by providing the applicant with the required disclosures and information (see 9 FAM 502.7-5(D)(1))  If the IMB did not provide the required disclosures and information, make case notes in IVO on the failure of the IMB to comply with IMBRA and provide that information to CA/VO/F/IE by email.  Proceed with case processing; do not wait for clearance to proceed;
(4)  Provide to each K-1 or K-3 visa applicant another copy of the USCIS pamphlet, "Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa," which they already should have received when the instruction packet was first mailed to them (see 9 FAM 502.7-5(C)(2) paragraph c), in English or another appropriate language;
(5)  Orally review with the applicant, in his or her primary language, if feasible, or otherwise in either the language spoken in the country of application or English, the synopsis of the points contained in the pamphlet (found at 9 FAM 502.7-5(E)); 
(6)  Add case notes in IVO that the pamphlet was received, read, and understood by the applicant; and
(7)  In K-1 cases, obtain the applicant’s oath and biometric signature within IVO – this certifies the applicant’s legal capacity and intent to marry.
9 FAM 502.7-5(C)(5)  K-1 and K-2 Visa Adjudication
(CT:VISA-163;   08-25-2016)
a. Adjudication Factors:
(1) Petitioner and Beneficiary Must Have Met:  USCIS regulations (8 CFR 214.2(k)(2)) require that the petitioner and the K-1 beneficiary have met in person within two years immediately preceding the filing of the petition. At the USCIS director's discretion, this requirement can be waived if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the beneficiary's foreign culture.
(2)  Petitioner and Beneficiary Must Be Legally Free to Marry:
(a)  For a K-1 petition to remain valid, the petitioner and the beneficiary must:
(i)     Have been legally free to marry at the time the petition was filed;
(ii)    Have remained so thereafter; and
(iii)    Continue to have the intent to marry within 90 days after the beneficiary’s admission into the United States.
(b)  A K-1 petition filed when the petitioner and/or the applicant was still legally married shall not serve as the basis for visa issuance, even though that marriage was terminated and applicant/petitioner became free to marry within 90 days of arrival in the United States.  If a you find that the petitioner and/or applicant is/was not legally free to marry, you must return the K-1 petition to NVC under cover of memorandum detailing the specific, objective facts giving rise to the officer’s determination.
(3)  Multiple Petitions Approved for Same K-1 Beneficiary:  In instances where more than one U.S. citizen fiancé́(e) has filed visa petitions on behalf of the same alien and more than one K-1 visa petition has been approved for the same beneficiary, you must suspend action and return all petitions with a covering memorandum to USCIS district director who approved the last petition so that the petition approvals may be reviewed.
(4)  Marriage for Purpose of Evading Immigration Laws (INA 204(c)): See 9 FAM 504.2-5(D)(2) paragraph d.
(5)  Additional Factors That May Raise Questions in K-1 Cases:
(a)  There are several possible discrepancies between the facts stated on the petition and the actual circumstances of the K-1 beneficiary which might lead you to question whether the relationship is bona fide or which might cause the petitioner to choose not to go forward with the marriage. These include having one or more children not named in the petition,  a prior undisclosed marriage (even if it has been annulled or ended by divorce or death), or, in the case of a fiancée, a current pregnancy.
(b)  Discovery of a ground of ineligibility of the K-1 applicant raises another issue of the petitioner's awareness of all of the factors associated with the fiancé́(e).
(c)  You should use your discretion in determining whether to return the K-1 petition to USCIS in such cases.  You should, however, first solicit from the petitioner information as to whether he or she was aware of the particular circumstance(s) and whether, in light thereof, he or she still wishes to proceed with the proposed marriage.  If satisfied in this regard, you need not return the petition.  If you have further questions about whether a petition should be returned to USCIS, contact VO/F and FPP.
b. K-1 Relationship Not Satisfactorily Bona Fide:
(1)  You should return the K-1 petition to DHS for reconsideration if not satisfied with respect to the bona fides of the relationship or if the petitioner indicates that he or she no longer intends to go forward with the marriage.
(2)  If you find that the fiancé(e) or marital relationship is not bona fide but is a sham entered into solely for immigration benefits, you should return the K-1 or K-3 petition to NVC with a recommendation for revocation under cover of a memorandum detailing the specific, objective facts giving rise to post’s conclusion.  VO/F and FPP can answer questions and provide assistance in writing effective revocation memos.  All immigrant and K-1/K-3 visa revocation cases are to be returned to the following address:
      National Visa Center
      32 Rochester Avenue
      Portsmouth, NH 03801
      Attn: Fraud Prevention Manager
9 FAM 502.7-5(C)(6)  K Visa Ineligibilities, Waivers
(CT:VISA-163;   08-25-2016)
a.  Former Exchange Visitor:  Before a K visa may be issued to an applicant who is a former exchange visitor and subject to the provisions of INA 212(e), the applicant must establish that the requirements of INA 212(e) have been fulfilled or that a waiver has been obtained. (See 22 CFR 40.202(b) and 9 FAM 302.10-8.)
b. Vaccination Requirements for K Visa Applicants:  See 9 FAM 302.2-6(B)(3).
c. Waiver Availability for Applicants Ineligible under INA 212(a):  A K visa is a nonimmigrant visa, and, therefore, K nonimmigrants are generally eligible for INA 212(d)(3)(A) waivers. However, processing an INA 212(d)(3)(A) waiver would not be appropriate unless an immigrant waiver is also available when the K visa holder applies to adjust status to lawful permanent resident.  To determine whether a waiver is available for a K applicant, you must, therefore, first examine whether the particular INA 212(a) ineligibility is waivable for immigrant spouses of U.S. citizens, under either INA 212(g), INA 212(h), INA 212(i), INA 212(a)(9)(B)(v), INA 212(d)(11) or INA 212(d)(12) or similar provisions.  (For a more complete list, see 9 FAM 302 and 9 FAM 305.)
d. No Waiver Possible:  If the K visa applicant is ineligible for a visa on an INA 212(a) ground for which no immigrant waiver is or would be possible after marriage to the petitioner, then the case should not be recommended for an INA 212(d)(3)(A) waiver and no waiver request should be submitted to USCIS. (See 22 CFR 40.301.)
e. INA 212(d)(3)(A) Waiver for K-1 Fiancé(e) Who Would Qualify for Waiver If Married, or for K-3 Spouse:
(1)  If it is determined that the K visa applicant is ineligible to receive a visa under INA 212(a), but that the ineligibility could be waived after (or as a result of the) marriage to the petitioner, instruct the applicant to file Form I-601, Application for Waiver of Ground of Inadmissibility, with USCIS per USCIS instructions.
(2)  If the case involves a K-1 fiancé(e), you should be satisfied (before beginning that waiver process) that the petitioner is aware of the ineligibility and still wishes to pursue the marriage.  If not, the petition should be returned to USCIS and the waiver process should be terminated.
(3)  You should follow this same general procedure whether the ineligibility is on medical or nonmedical bases, while taking into account any variant procedure required in certain medical cases as set forth in 9 FAM 302.2.
9 FAM 502.7-5(C)(7)  K Visa Issuance, Travel
(CT:VISA-163;   08-25-2016)
a. K Visa Validity:  K-1 and K-2 visas should be valid for six months for one entry. K- 3 and K-4 visas should be valid for multiple entries for 24 months, unless constrained by security clearance requirement or waivers, which are valid for a year or less.  Unmarried aliens entering the United States as a K-4 should be admitted for a period of 24 months or until that alien’s 21st birthday, whichever is shorter (see 8 CFR 214.2(k)(8) and 8 CFR 214.2(k)(11)(v)).
b. K Visa Annotations:  The K visa should be annotated in the following cases:
(1)  K-1 and K-3 visas should be annotated with the name of the petitioner and the petition number.
                PETR.: DOE, JOHN
                PET. NO.: EAC0123456789
(2)  Medical Cases:
(a)  When the medical examination has revealed a Class A tuberculosis or another Class A medical condition, and an INA 212(d)(3)(A) waiver has been granted, the visa should be annotated: “MED: 212(d)(3)(A).”
(b)  When the medical examination has revealed a Class B tuberculosis condition or Class B leprosy, non-infectious, the visa should be annotated: “MED: Class B.”
(3)  Child of a K-1 or K-3: The children’s MRVs should be annotated with the principal alien’s name and date of visa issuance. For example, “P/A: Mary Brown, K-1/K-3 issued 15-AUG-2007.”
c.  K Visa Travel Packet:
(1)  Supporting Documents Placed in Envelope and Hand-Carried by Applicant:  The following supporting documents should be carried by the applicant in a sealed envelope for presentation at the port of entry:
(a)  The K visa petition; and
(b)  Form DS-2054, Medical Examination for Immigrant or Refugee Applicant, and all related worksheets.
(c)  Supporting documents: Supporting documents include copies of all civil documents that are pertinent to the relationship between the petitioner and the beneficiary.  You should be careful NOT to include any criminal information on the petitioner that may have been included in the case file, or any documents that are law enforcement sensitive.(2)   K2 and K4 Children:  In the case of children following-to-join the principal alien who are entitled to K2 or K4 classification, the required documents are to be placed in an envelope together with a copy of the approved K visa petition.
d. Social Security Registration:  Even though a fiancé(e) is treated in most respects like an immigrant, posts do not give a fiancé(e) the information regarding Social Security registration.  DHS will do this at the time of the alien’s adjustment of status.
e. Reissuance of K-1 Visa:  If a K-1 visa, valid for a single entry and a 6-month period, has already been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, you may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa, provided the alien fiancé(e) pays a new application processing fee, and provided also that the petitioner and beneficiary still intend and are free to marry.  The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status.
9 FAM 502.7-5(D)  K Visa Petitioner Provisions
9 FAM 502.7-5(D)(1)  International Marriage Broker Regulation Act (IMBRA) – Disclosure of Petitioner Criminal Conviction History, Protection Orders, or Restraining Orders
(CT:VISA-1;   11-18-2015)
(Previous location:  9 FAM 41.81 N14; CT:VISA-1998 06-07-2013)
a. The International Marriage Broker Regulation Act of 2005 (IMBRA) requires, with respect to each I-129F petitions for K status, that USCIS provide to the Department, and the Department in turn to disclose to the K-1 or K-3 applicant, all criminal background information submitted to USCIS by the petitioner and any related criminal conviction information that USCIS discovered in Government records or databases during its routine background check regarding any of the following crimes:
(1)  Crimes involving domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, and any attempt to commit such crimes;
(2)  Crimes involving homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes;
(3)  Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act; and
(4)  Information on any permanent protection or restraining order issued against the petitioner related to any specified crime.
b. The disclosure of any criminal background information regarding the petitioner that USCIS has reported with an approved K petition, including any information on protection orders or criminal convictions, is mandatory.  IMBRA requires that the Department must share, with the K-1 or K-3 nonimmigrant visa applicant who is the beneficiary of the petition, any such criminal background information that USCIS has reported after its check of Government records or databases, while informing the applicant that such criminal background information is based on available records and may not be complete.  This must take place on two occasions: first, when post sends the applicant the instructions regarding the visa application process; and second, at the time of the visa interview, when you must disclose the information to the K-1 or K-3 visa applicant, in the applicant's primary language.  In making this disclosure, you are not authorized to provide the name or contact information of any person who was granted a protection order or restraining order against the petitioner or was a victim of a crime of violence perpetrated by the petitioner, but are to disclose to the applicant the person's relationship to the petitioner.  Because each petitioner for K visa status must have signed a statement in the I-129F expressing their understanding that any criminal background information pertaining to them will be disclosed to petition beneficiaries, you are not required to send a petitioner notification that such disclosure has occurred.
c. During the visa interview, after informing the applicant of any protection orders or criminal background information received from USCIS regarding the petitioner, give the applicant time to decide whether he or she wishes to proceed with the K visa application, and, in the case of an applicant for a K-1 visa, whether he or she still intends to marry the petitioner within 90 days of entering the United States.  Enter case notes into the IVO system to indicate that the applicant received notice of the petitioner's criminal history.  If you have questions, contact your liaison in CA/VO/L/A or CA/VO/F/IE for additional guidance.
9 FAM 502.7-5(D)(2)  Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act”) – Returning I-129F Petitions Based on Adam Walsh Act Requirements
(CT:VISA-1;   11-18-2015)
(Previous location:  9 FAM 41.81 N15; CT:VISA-1547 09-27-2010)
a. Section 402 of the Adam Walsh Child Protection and Safety Act of 2006 ("Adam Walsh Act"), which became law on July 27, 2006, amended INA 204(a)(1) and INA 101(a)(15)(K), rendering ineligible to file a petition for immigrant status under INA 203(a) or nonimmigrant K status, any petitioner who has been convicted of a "specified offense against a minor," defined in section 111 of the Adam Walsh Act as an offense involving any of the following:
(1)  An offense (unless committed by a parent or guardian) involving kidnapping;
(2)  An offense (unless committed by a parent or guardian) involving false imprisonment;
(3)  Solicitation to engage in sexual conduct;
(4)  Use in a sexual performance;
(5)  Solicitation to practice prostitution;
(6)  Video voyeurism as described in section 1801 of title 18, United States Code;
(7)  Possession, production, or distribution of child pornography;
(8)  Criminal sexual conduct involving a minor or the use of the Internet to facilitate or attempt such conduct;
(9)  Any conduct that by its nature is a sex offense against a minor.
b. Section 402 further provides that the bar against filing a petition because of such a conviction will not apply if the Secretary of Homeland Security, in his or her sole and unreviewable discretion, determines that the petitioner poses no risk to the beneficiary.
c.  Because of the Adam Walsh Act, you must return to the USCIS domestic service center that approved it, via NVC, any approved I-129F petition filed by a U.S. citizen identified as having been convicted of one of the offenses against a minor listed in 9 FAM 502.7-5(D)(2) paragraph a, for reconsideration, unless USCIS has reported that the Secretary of Homeland Security has made the necessary "no risk" determination.  Additionally, USCIS has asked that you return to the approving domestic service center (via NVC) for possible revocation any I-129F petition approved before July 27, 2006 if you are aware of any conviction for a specified sexual or kidnapping criminal offense against a minor that does not appear to have been known at the time of petition approval. Do not disclose conviction information to the visa applicant in cases in which the petition is being returned.
d. The Adam Walsh Act's bar against the filing of a petition for family-based immigrant or K nonimmigrant visa status by an individual who has been convicted of a specified offense against a minor does not apply if the Secretary of Homeland Security exercises his sole and unreviewable discretionary authority and determines that the individual poses no risk to a beneficiary. You may encounter cases in which the criminal history information reported to post by USCIS relates to a conviction for a crime that is one of the specified offenses against a minor listed in 9 FAM 502.7-5(D)(2) paragraph a.  Provided that the petition reflects that there has been a no-risk determination by the Secretary of Homeland Security and you intend to approve the visa application, you should not forward the petition to USCIS based on the conviction in that instance, but instead consider it to have been properly filed under the Adam Walsh Act, while nonetheless informing the K visa applicant, during the interview, of any conviction listed in 9 FAM 502.7-5(D)(2) paragraph a that has been reported by USCIS pursuant to IMBRA.
9 FAM 502.7-5(E)  Synopsis of USCIS Pamphlet for Applicants for K Nonimmigrant Visas and Family-Based Immigrant Visas
(CT:VISA-1;   11-18-2015)
(Previous location:  9 FAM 41.81 Exhibit I; CT:VISA-1940 11-14-2012)
Why are we providing the pamphlet?
The International Marriage Broker Regulation Act (IMBRA) requires that the United States government provide, to an immigrating fiancé(e) or spouse of a citizen or resident of the United States, an information pamphlet on legal rights and resources for immigrant victims of domestic violence. Immigrants are often afraid to report acts of domestic violence to the police or to seek other forms of assistance. Such fear causes many immigrants to remain in abusive relationships.
IMBRA also provides for the United States government to provide, to an immigrating fiancé(e) or spouse of a U.S. citizen who has a history of criminal or domestic violence, a copy of the citizen’s criminal background information.
One of IMBRA’s goals is to provide applicants with accurate information about the immigration process and how to access help if a relationship becomes abusive.
What is domestic violence?
The pamphlet provides detailed explanations of the term “domestic violence” and two related offenses, sexual assault and child abuse.
Domestic violence involving current or former partners is a pattern of behavior where one intimate partner or spouse threatens or abuses the other partner or spouse. Abuse may include physical harm, forced sexual relations, emotional manipulation (including isolation or intimidation), and economic and/or immigration-related threats.
Under all circumstances, domestic violence, sexual assault, and child abuse are illegal in the United States. All people in the United States are guaranteed protection from abuse under the law. Any victim of domestic violence can seek help. An immigrant victim of domestic violence may be eligible for immigration protections.
The pamphlet is intended to help you understand U.S. laws regarding domestic violence and how to get help if you need it.
What are the legal rights for victims of domestic violence in the United States?
All people in the United States, regardless of immigration or citizenship status, are guaranteed basic protections under both civil and criminal law. Laws governing families provide you with:
The right to obtain a protection order for you and your child(ren).
The right to legal separation or divorce without the consent of your spouse.
The right to share certain marital property. In cases of divorce, the court will divide any property or financial assets you and your spouse have together.
The right to ask for custody of your child(ren) and financial support. Parents of children under the age of 21 often are required to pay child support for any child not living with them.
What services are available to victims of domestic violence and sexual assault in the United States?
In the United States, victims of these crimes can access help provided by government or nongovernmental agencies, which may include counseling, interpreters, emergency housing, and even monetary assistance.
The telephone numbers or “hotlines” listed in the pamphlet have operators trained to help victims 24 hours a day free of charge. Interpreters are available, and these numbers can connect you with other free services for victims in your local area, including emergency housing, medical care, counseling, and legal advice. If you cannot afford to pay a lawyer, you may qualify for a free or low-cost legal aid program for immigrant crime or domestic violence victims.
What immigration options may be available to a victim of domestic violence, sexual assault, or other crime?
The pamphlet outlines three ways immigrants who become victims of domestic violence, sexual assault, and some other specific crimes may apply for legal immigration status for themselves and their child(ren): (1) self-petitions for legal status under the Violence Against Women Act (VAWA); (2) cancellation of removal under VAWA; or (3) U nonimmigrant status. Because a victim’s application is confidential, no one - including an abuser, crime perpetrator, or family member - will be told that the victim applied. A victim of domestic violence should consult an immigration lawyer who works with other victims to discuss immigration options that may be available.
How does the U.S. Government regulate “international marriage brokers”?
Under IMBRA, “international marriage brokers” are required to give the foreign national client background information on the U.S. client who wants to contact the foreign national client, including information contained in Federal and State sex offender public registries, and to get the foreign national client’s written permission before giving the U.S. client the foreign national client’s contact information. If you are a foreign national client, the agency is required to give you a copy of the pamphlet. It is prohibited from doing business with individuals who are under 18 years of age.
Can a K nonimmigrant visa applicant rely on criminal background information that USCIS has compiled on a U.S. citizen fiancé(e) or spouse?
IMBRA requires the U.S. Government to share any criminal background information on a K nonimmigrant petitioner with the fiancé(e) or spouse who is applying for a K visa as the beneficiary of such a petition. The criminal background information compiled by USCIS comes from various public sources, as well as information provided by the U.S. citizen clients on immigration applications. USCIS does not have access to all criminal history databases in the United States. The U.S. citizen sponsor may not tell the truth in the sponsorship application. It is also possible the U.S. citizen has a history of abusive behavior but was never arrested or convicted. Therefore, the criminal background information an applicant receives may not be complete. The intent of the law is to provide available information and resources to immigrating fiancé(e)s and spouses. Ultimately, you are responsible for deciding whether you feel safe in the relationship.
Can foreign fiancé(e)s or spouses who are victims of domestic violence also be victims of human trafficking?
Other forms of exploitation, including human trafficking, can sometimes occur alongside domestic violence, when the exploitation involves compelled or coerced labor, services, or commercial sex acts. The pamphlet contains information on how to obtain help regarding human trafficking.
 Read here.

On July 18, 2016, Department of Justice, DOJ, petitioned the U.S. Supreme Court for a rehearing after death of the late Justice Antonin Scalia resulted in an eight member Supreme Court and a non-precedential, deadlocked opinion affirming the lower court’s decision.

The Department of Justice (DOJ) petitioned the Supreme Court to rehear U.S. v. Texas, the matter concerning the Obama administration’s Deferred Action for Parents of Americans (DAPA), when a ninth Supreme Court justice is confirmed.

The Court’s 4-4 deadlock in that matter blocked the program, which would have allowed undocumented persons who are the parents of U.S. citizens and lawful permanent residents to apply to remain in the United States and work.

In the petition, Acting Solicitor General argued that “there is a strong need for definitive resolution by this Court at this state,” and the Court “should grant rehearing to provide for a decision by the Court when it has a full complement of Members, rather than allow a non-precedential affirmance by an equally divided Court to leave in place a nationwide injunction of such significance.”

Although re-hearings are uncommon, the petition noted that they have been granted in some cases where a Court vacancy resulted in a tie. If the rehearing is granted, it is unlikely to occur for some time. More information about the Obama administration’s executive actions on immigration is available here.




​In other news, a national coalition of mayors, Cities for Action, sent an open letter on July 26, 2016, to “the next President of the United States” calling for immigration reform.The letter urges leaders from both the Democratic and Republican parties to commit to supporting immigration reform in the first 100 days of the next presidency, including providing a path to citizenship for undocumented immigrants.
The letter specifically calls for:
* a “broad, humane and timely” path to citizenship;
* supports local economic growth, “while protecting the rights and labor standards of all workers” and upholding “immigrants’ due process rights and the rights of those seeking refuge.”
* It also calls on the presidential candidates “to pledge to defend and expand President Obama’s executive actions on immigration” to offer temporary relief to undocumented immigrants “with deep community ties who are not priorities for enforcement.”
* The letter also asks for a commitment to investments in English classes and legal assistance, municipal ID programs, immigrant entrepreneurial support and language access. “[W]e are ever-deepening our commitment to fostering immigrant-friendly municipalities,” the letter states. “We recognize that the wellbeing of immigrants impacts the wellbeing of all.”
The letter was signed by almost 60 mayors and others, including mayors from Baltimore; Boston; Buffalo; Chicago; Denver; Houston; Los Angeles; Minneapolis; New York City; Philadelphia; Phoenix; Salt Lake City; San Francisco; Seattle; and Washington, DC. These cities represent more than 55 million population of the United States from more than half of the states.

The letter can be viewed here. 

​Today, USCIS emailed me the following warning: please pay attention and watch out for scam!

"Immigrants all over the country are being targeted in scams. Don’t be one of the victims! Scammers may call or email you, pretending to be a government official. They will say that there is a problem with an application or additional information is required to continue the immigration process. They will then ask for personal and sensitive details, and demand payment to fix any problems.

Remember, USCIS officials will never ask for payment over the phone or in an email. If we need payment, we will mail a letter on official stationery requesting payment.   

If you receive a scam email or phone call, report it to the Federal Trade Commission at http://1.usa.gov/1suOHSS. If you are not sure if it is a scam, forward the suspicious email to the USCIS Webmaster at [email protected]. USCIS will review the emails received and share with law enforcement agencies as appropriate.

Visit the Avoid Scams Initiative at uscis.gov/avoidscams for more information on common scams and other important tips. If you have a question about your immigration record, call customer service at 800-375-5283 or make an InfoPass appointment at http://infopass.uscis.gov.

Kind Regards,
USCIS Public Engagement Division"

Putro v. Lynch, 7th Circuit Court of Appeals decided this case on July 07, 2016. This case clarified application of a joint filing exemption for an alien seeking to obtain unconditional lawful permanent resident status as a result of her marriage to a U.S. citizen, when applying as a widow after the death of her/his US citizen husband (USCIS Petition I-751).

Vera Putro, a citizen of Latvia, married a U.S. citizen in 2004 and based on that marriage gained conditional permanent residency. Her residency did not become unconditional, however, because her husband passed away before they could petition jointly to remove the conditions. Putro petitioned on her own to have the conditions removed. U.S. Citizenship and Immigration Services construed the petition as a request for a discretionary waiver of the joint-petition requirement, denied the waiver, and ordered Putro removed.

Decision: The Court of Appeals for the 7th Circuit decided that in fact, Putro did not need a waiver because her husband’s death during the conditional period exempted her from the joint-filing requirement. In mistakenly evaluating her petition as a request for a waiver, the agency erroneously placed on Putro the burden of proving that the marriage was bona fide.

The Court of Appeals granted petition and remanded the case to Immigration Judge for determination under the proper standard. 

Finally, after 8 years the petitioner might have her petition for unconditional permanent resident status approved (it's not approved yet, merely was remanded for another review and decision following the correct standard of proof by the same IJ immigration judge). When the I751 is approved, she will become eligible to apply for USA citizenship as well (because it's been over five years since the grant of her conditional residence in 2006).

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To read in Russian - please scroll down. По-русски смотрите внизу страницы.
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Facts: Ms. Putro first entered the U.S. on a 4-month, foreign exchange student visa in 1999 and overstayed. In November 2004 she married Michael Zalesky, a U.S. citizen. Putro was granted conditional legal permanent residence (“LPR”) status as the spouse of a U.S. citizen in July 2006, see 8 U.S.C. § 1186a(1); 8 C.F.R. § 216.1. Four months later, in November, Zalesky died. Zalesky’s untimely death complicated Putro’s immigration status. To gain unconditional LPR status, Putro and Zalesky had to jointly petition the agency for removal of the conditions within the 90-day period before the second anniversary of her obtaining conditional permanent residency (i.e., between mid-April and mid-July of 2008). See 8 U.S.C. § 1186(c)(1)(A), (d)(2); 8 C.F.R. § 216.4(a)(1). Of course filing a joint petition was no longer possible, so in June 2008 Putro filed a Form I-751 Petition to Remove Conditions on Residence, checking the box specifying that she sought a waiver of the joint-filing requirement because her spouse had died.

USCIS had denied her I-751 petition filed as a waiver for failure to prove a good faith marriage.

She reapplied in Immigration court removal proceedings, and was denied again. The IJ immigration judge denied Putro’s application for the waiver of the joint-filing requirement and concluded that she was removable. The IJ found that Putro had failed to establish by a preponderance of the evidence that she and Zalesky had a bona fide marriage. Her testimony and that of her witnesses, he said, was “unpersuasive.” The government, in contrast, had presented “reliable” evidence that family members and Armstrong had told investigators that the marriage was a fraud.

Putro appealed to the Board of Immigration Appeals, but it upheld the IJ’s ruling and dismissed her appeal.

On petition for review, Putro argued that the IJ had misapplied the standard of proof, and at oral argument we ordered the parties to submit supplemental briefing on how this case is affected by the decision in Matter of Rose, and particularly the portion of the decision in which the Board states:
[T]he death of a petitioning spouse during the 2-year conditional period excuses the general requirement that a petition to remove the conditional basis of an alien spouse’s status must be “joint.” Thus, a separate waiver under section 216(c)(4) of the Act is not required if the surviving spouse timely files an I-751 petition requesting removal of the conditional basis of his or her status and appears for a personal interview. 25 I. & N. Dec. 181, 182 (BIA 2010).
We agree with Putro that the IJ mishandled her petition to remove conditions on her status by construing it as a request for a waiver of the joint-filing requirement rather than recognizing that she qualified for an exemption of that requirement. Because Zalesky died within the two-year conditional period and Putro timely petitioned to remove her conditional status, she should have been excused from the joint-filing requirement. Matter of Rose, 25 I. & N. Dec. at 182.

This conclusion was applied in the only federal appellate decision (an unpublished one) to address the issue. See Zerrouk v. U.S. Att’y. Gen., 553 F. App’x. 957, 959 (11th Cir. 2014) (recognizing exemption of “joint” filing requirement for alien whose spouse dies within two-year conditional period, but concluding that substantial evidence supported determination that marriage was not bona fide).
Moreover, the discretionary waiver does not even apply to Putro, because that waiver requires that the marriage be “terminated (other than through the death of the spouse).” 8 U.S.C. § 1186(c)(4)(B). That requires divorce or annulment, see Memorandum from Donald Neufeld, Acting Assoc. Director, USCIS, to Directors, I-751 Filed Prior to Termination of Marriage (Apr. 3, 2009). Though Putro separated from her husband before his death, they never divorced, and the marriage was terminated by his death.

The error was significant because it had the effect of shifting the burden of proof that Putro’s marriage to Zalesky was bona fide. Because the IJ thought that Putro needed a waiver, he placed the burden of proof on her and ultimately found that she failed to establish by a preponderance of the evidence that she had a bona fide marriage. Had the burden of proof properly been applied, the government would have had to demonstrate by a preponderance of the evidence that the marriage was not bona fide. See Matter of Rose, 25 I. & N. Dec. at 185; 8 U.S.C. § 1186a(c)(3)(D); cf. Lara v. Lynch, 789 F.3d 800, 804 (7th Cir. 2015) (noncitizen applying for discretionary waiver of joint filing petition bears burden of proving that marriage at time of inception was bona fide). Moreover, unlike a grant of the waiver—which is discretionary—the agency “shall” remove the conditional basis of the petitioner’s status as long as he or she meets the petitioning requirements and the government cannot disprove that the marriage is bona fide. See 8 U.S.C. § 1186(a)(3)(B).

This case must be remanded to the agency so that the IJ can evaluate her petition under the proper standard of proof. See Matter of Rose, 25 I. & N. Dec., at 184–85. Accordingly, we GRANT the petition and REMAND the case for determination under the proper standard.

Read the text of the decision of the 7th Circuit Court of Appeals here. 
Or you can download file here.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D07-07/C:14-2430:J:Williams:aut:T:fnOp:N:1788032:S:0

Вкратце по-русски:

Вера Путро, гражданка Латвии, приехала в США в 1999 году по летней программе по обмену студентов,  J1 summer work-travel program. Она осталась в США нелегально, и через много лет вышла замуж за американского гражданина. Ее первая условная грин карта была утверждена без особых проблем в 2006. Через 4 месяца после этого ее американский муж умер от передозировки наркотиков. В 2008 Вера подала петицию на постоянную грин карту сама, без участия мужа (так как он к тому времени уже не мог поставить свою подпись по причине своей смерти). По фактам дела не понятно, но скорее всего Вера не проконсультировалась со знающим адвокатом перед подачей петиции, и подавала петицию либо сама, либо при помощи кого-то, кто не является экспертом в этой области права.

В результате, Вера получила отказ от USCIS и ее дело передали на депортацию с иммиграционный суд. 

Судья также приняла решения отказать Вере в виде на жительстве (постоянной грин карте) и приказала ей выехать из США (депортация).

Вера подала аппеляцию в следующую инстанцию, и там тоже получила отказ и указание покинуть страну.

В конце концов через 8 лет после начала этой эпопеи (дело тянется с 2008 г), Аппеляционный Суд 7 Округа США принял решение в пользу Веры. Но это еще не конец пути. Суд передал ее дело на повторное рассмотрение в суд нижестоящей инстанции с указаниями пересмотреть дело еще раз, и принять решение на основании ПРАВИЛЬНОЙ ИНТЕРПРЕТАЦИИ ЗАКОНА. Как оказалось, все предыдущие суды просто напросто неверно трактовали закон и неправильно применяли закон к Вериной ситуации. Вот такая простая ошибка стоила человеку 8 лет ее жизни и многих тысях долларов, потраченных на адвокатов и судебные разбирательства.

В конце концов, если ее петицию утвердят (пока еще только передали на повторное рассмотрение), то Вера сможет сразу же подать заявление на американское гражданство (так как прошло более 5 лет), если она докажет, что соответствует всем требованиям закона о гражданстве.

​Текст судебного решения на английском тут: 

имми

06-23-2016 Breaking news: U.S. Supreme Court, split 4-4, blocks Obama immigration plan. The DAPA and expanded DACA programs will NOT become the law. Only original DACA deferred action program still stands.

The U.S. Supreme Court ruling said only the following:

"“The judgment is affirmed by an equally divided court.”

The court did not issue a ruling on the merits of the main legal question. Therefore, its action set no legal precedent to bind future presidents. The decision indicates that any major immigration policy change that would address the long-term situation of the estimated 11 million people in the country illegally would have to be enacted by Congress.

Please note that today’s Supreme Court decision doesn’t impact the original DACA deferred action from 2012. Current DACA program is not affected by the Supreme Court’s decision. However, it's possible that the next President could end the DACA program.

DACA beneficiaries must continue renewing their status and work permits 120 days in advance before the expiration date.

Those who qualify and were waiting to apply because they were not 15 years old yet or for any other reason (lack of money to pay the fee or missing a document), can apply for the first time as well when you are ready if you were under 31 years of age on June 15, 2012. 
Note: The Obama Administration and USCIS is expected to announce the expansion of the I-601A provisional hardship waiver program in the near future. It could be helpful to many immigrants.

По-русски:

Верховный Суд США принял решение оставить в силе запрет на иммиграционную реформу администрации Обамы. Только первая иммиграционная реформа от 15 июня 2012 остается в силе (действие этого решения суда на нее не распространяется). Помните, что следующий Президент вправе отменить полностью программу DACA, так как она была введена в силу через акт исполнительной власти, а не Конгрессом.

На практике это означает, что те, кто подпадает под действие закона от 15 июня 2012, могут продолжать подавать в иммиграционную службу США как первичное заявление на статус DACA deferred action, так и заявление на продление статуса и разрешение на работу, work permit, когда им исполнится 15 лет, и если им не было 31 года на 15 июня 2012.

Read here. 

It’s a common problem: some unauthorized immigrants in USA are eligible to become legal residents using already existing laws and regulations. In many cases, they just don’t know about their eligibility and how to apply due to a lack of resources and information. They also find it difficult to navigate the complex immigration process by themselves.

A UCLA study found that individuals in removal (deportation) proceedings who had a lawyer were 15 (!) times more likely to apply for relief from removal than those without lawyers, and 5.5 times more likely to be granted or approved some sort of legal status that permitted them to stay in the United States.

Unlike criminal defendants, however, unauthorized immigrants don’t have a constitutional right to a government-funded lawyer (no "free lawyers" or public defenders in immigration court proceedings).

According to the UCLA study, only 37 percent of all immigrants, and 14 percent of detained immigrants, are represented by lawyers. Children also go unrepresented in immigration court.

Many immigrants often erroneously consider themselves qualified to "do it yourself", or consult unauthorized "immigration consultants" or "Notarios", who are not lawyers, while others can't afford a lawyer.​

It's advisable not to file any immigration petitions and applications with USCIS without first consulting a qualified immigration attorney. If you have been referred for removal to immigration court, you must retain an attorney to represent you in the court. 

По-русски:

Одна из очень распространенных проблем среди иммигрантов и незаконных иммигрантов (так называемых "нелегалов") в США, это то, что многие даже не подозревают, что имеют право подать заявление на какие-то иммиграционные бенефиты, включая грин карту (вид на жительство). А если и знают об этом, то не понимают все тонкости системы, и не знают как и когда можно подать такое заявление, как подать правильно, как получить положительное решение а не отказ.

Некоторые считают себя достаточно компетентными подать свои заявления самостоятельно, или используют услуги так называемых "консультантов", которые оперируют нелегально и без лицензии, и не являются адвокатами. У некторых просто нет средств.

К сожалению, в иммиграционной системе и суде в США нет права на бесплатного иммиграционного адвоката (даже в суде, и даже детям). Либо вы нанимаете защиту и платите за их услуги, либо иногда можно получить помощь по сниженным расценкам или бесплатно в местных организациях (но там строгий отбор и они берут небольшой процент дел), либо вы сами представляете свои интересы в иммиграционной суде и органах госбезопасности США.

По статистике, только 37% всех иммигрантов в США имеют адвоката или законного представителя, и только 14% иммигрантов находящихся в заключении имеют своего адвоката. Это пугающая статистика, учитывая, что многие и по-английски толком говорить не могут, не то что грамотно составить заявление.

Возраст также не имеет значения. Маленьким детям суд не обязан предоствлять защитника. Как сказал один иммиграционный судья, " я могу все прекрасно объяснить и 3-х летнему ребенку, так что ему не нужен адвокат в моем суде..."

Рекомендуется не подавать никакие заявления в иммиграционные органы без предварительной консультации с адвокатом, не говоря уже о суде.

Read more here.

Per Federal Register notice published on May 4, 2016, the U.S. Citizenship and Immigration Services (USCIS) is planning to raise filing fees for most types of immigration filings and applications.
. 
Examples of commonly used forms that would see fee increases:

Petition Type Current Fee Proposed Fee

I-129 Petition for Nonimmigrant Worker $ 325 $ 460
I-130 Petition for Alien Relative $ 420 $ 535
I-131 Application for Travel Document $ 360 $ 575
I-140 Immigrant Petition for Alien Worker $ 580 $ 700
I-485 Application to Adjust Status $ 985 $1140 plus biometrics
I-539 Application to Extend or Change Nonimmigrant Status $ 290 $ 370
I-765 Application for Employment Authorization $ 380 $ 410
N-400 Application for Naturalization $ 595 $ 640 plus biometrics fee.

***Reduced Fee for Some Naturalization Applications. 
The proposed rule sets forth potential changes to the fee requirements for naturalization applications for families that meet designated income limitations. Under current regulations, a naturalization applicant can request a fee waiver for both the N-400 application ($595) and the corresponding biometrics ($85). The proposed rule would leave the fee waiver in place, and also create a NEW option allowing for a 50 percent fee reduction for non-military naturalization applicants who have incomes greater than the 150 percent of poverty line, but not more than 200 percent of the poverty guidelines. 
Comment Opportunity for Public Ends July 5, 2016.

​

The denial rates vary from 0% in San Marino, Liechtenstein, and Andorra to 96% in Republic of Palau, 63% Syria, 34% Ukraine, 13% Belarus, and 10% Russia.

Please note that this applies only to applications for B-1 and B-2 visitor or tourist visa.

If you have questions or need help applying for your visitor or tourist visa to the United States, please email an attorney to schedule a consultation.

По-русски: статистика отказов в выдаче гостевой или туристической визы в США в 2015 году.
​Это относится только к визе B1 | B2.
Украина - 34% заявлений отказано.
Россия - 10% заявлений отказано.
Беларусь - 13% заявлений отказано.
Грузия - более 50% отказано.
Франция - 16% отказано.
Казахстан - 12.7% отказано.
Молдова - 42% отказано.
Узбекистан - 50% отказано.
Таджикистан - 44.44% отказано. 

Interesting and detailed statistics for the last fiscal year 2015 can be found here: 
https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/RefusalRates/FY15.pdf

On Thursday, April 28, 2016, federal prosecutors in Los Angeles announced felony charges against a Russian citizen Ms. Chernykh, 26, her sister, Tatiana Farook, 31, and Ms. Farook’s husband, Syed Raheel Farook, 31, the brother of the San Bernardino gunman.

All pleaded not guilty and will be released on bond. A trial is set for June 21, 2016.

Law enforcement officials stressed they did not believe that any of the three had advance knowledge of the November 2015 San Bernardino attack, or took steps to conceal evidence afterward.

The indictment represents an unusually tough stance for the government in a marriage fraud case. Five criminal charges are leveled at Ms. Mariya Chernykh, including fraudulent use of immigration documents and lying to federal agents, with combined maximum prison terms of up to 30 years.

​Syed Raheel Farook, a U.S. Navy veteran who worked as a computer technician aboard an aircraft carrier, and his Russian born wife, are also charged in one of those counts, conspiracy to make false statements under oath on government documents, and face a maximum sentence of five years.

​Read more here.

​ On April 18, 2016, the U.S. Supreme Court heard oral arguments in the case of United States v. Texas, the challenge to President Obama’s DAPA and DACA expansion programs.

It is estimated that, if approved, the Deferred Action for Parental Accountability (DAPA program) would grant work authorization to over 4 million undocumented parents of the US citizen children, and the expanded Deferred Action for Childhood Arrivals  (DACA program) would grant work permits to millions of undocumented persons who entered the United States as children. Original DACA is still in place.

The State of Texas has argued that it has “standing” to bring the lawsuit because the DAPA and DACA programs would increase the number of applicants for drivers licenses in Texas. At least 4 of the Justices (Ginsberg, Sotomayor, Kagan and Breyer) seem inclined to rule that this is not a sufficient ground to grant the state standing to sue in court to halt the federal programs. 

During the oral arguments, it appeared that the U.S. Supreme Court eight Justices split 4-4 on this case.
If the vote comes to 4-4, the injunction will sta, and the DAPA and expanded DACA programs will not become the law. 

If a single Justice (Roberts, Kennedy, Alito and/or Thomas) joins the other four Justices who appear ready to dismiss the lawsuit and overrule the injunction, the government will be permitted to implement both programs DAPA and expanded DACA). A decision by the Supreme Court is expected in June 2016.