USCIS published policy guidance in the USCIS Policy Manual on eligibility, filing, and adjudication requirements addressing Violence Against Women Act (VAWA) self-petitions to update practices and align USCIS policies with recent court decisions.

USCIS updated interpretation of the requirement for "shared residence" to occur during the qualifying spousal or parent-child relationship. Instead, the self-petitioner must demonstrate that they are "residing or have resided with the abuser at any time in the past".

USCIS is also implementing nationwide the decisions in Da Silva v. Attorney General, 948 F.3d 629 (3rd Cir. 2020), and Arguijo v. United States, 991 F.3d 736 (7th Cir. 2021).

Da Silva v. Attorney General held that when evaluating the good moral character requirement, an act or conviction is “connected to” the battery or extreme cruelty when it has “a causal or logical relationship.”

Arguijo v. USCIS allows stepchildren and stepparents to continue to be eligible for VAWA self-petitions even if the parent and stepparent divorced.

Clarifies how USCIS considers the 2-year filing requirement when the self-petitioner’s marriage is terminated, the abusive U.S. citizen family member dies, and the abusive family member loses or renounces U.S. citizenship or LPR status. 

Clarifies that INA 204(a)(2) does not apply when a self-petitioner files a Form I-360 based on a qualifying relationship to an abusive LPR spouse but does apply if the self-petitioner acquires LPR status and subsequently files a family-based spousal petition. 

Provides guidance on special considerations for self-petitions filed subsequent to a Petition for Alien Relative (Form I-130) and an Application to Register Permanent Residence or Adjust Status (Form I-485).

​Citation Volume 3: Humanitarian Protection and Parole, Part D, Violence Against Women Act [3 USCIS-PM D] 

These updates are in accordance with Executive Order 14012: Restoring Faith in Our Legal Immigration System and Strengthening Integration and Inclusion Efforts for New Americans. (https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-restoring-faith-in-our-legal-immigration-systems-and-strengthening-integration-and-inclusion-efforts-for-new-americans/)

Briefly in Russian:
Недавно были внесены поправки и изменения в закон ВАВА / VAWA, о помощи жертвам домашнего насилия, и как они могут получить грин карту без помощи абьюзера. Изменения были внесены в официальное Руководство для сотрудников USCIS, которое опублоковано на их сайте.

The new guidance can be found in the USCIS Policy Manual and in USCIS Memo https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220210-VAWA.pdf

 Edition 01/25/2022:

In General

You may ask USCIS to expedite adjudication of a benefit request (such as an application or petition) for an immigration benefit.

USCIS:

• Considers all expedite requests on a case-by-case basis;
• May require additional documentation to support a request; and
• Has the sole discretion to decide whether to accommodate a request.

Because granting an expedite request means that USCIS would adjudicate the requestor's benefit ahead of others who filed earlier, we carefully weigh the urgency and merit of each expedite request. We may consider an expedite request if it meets one or more of the following criteria or circumstances:

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
  • Timely file the benefit request, or
  • Timely respond to any requests for additional evidence;

A company can demonstrate that it would suffer a severe financial loss if it is at risk of failing, losing a critical contract, or having to lay off other employees. For example, a medical office may suffer severe financial loss if a gap in a doctor’s employment authorization would require the medical practice to lay off its medical assistants.
Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. For example, the inability to travel for work that would result in job loss might warrant expedited treatment. The need to obtain employment authorization by itself, without evidence of other compelling factors, does not warrant expedited treatment. In addition, severe financial loss may also be established where failure to expedite would result in a loss of critical public benefits or services.

• Emergencies and urgent humanitarian reasons;

In the context of an expedite request, humanitarian reasons are those related to human welfare. Examples may include, but are not limited to, illness, disability, extreme living conditions, death in the family, or a critical need to travel to obtain medical treatment in a limited amount of time. An emergency may include an urgent need to expedite employment authorization for healthcare workers during a national emergency such as the COVID-19 pandemic. Additionally, an expedite request may be considered under this criterion in instances where a vulnerable person’s safety may be compromised due to a breach of confidentiality if there is a delay in processing the benefit application. A benefit requestor’s desire to travel for vacation does not, in general, meet the definition of an emergency.

• Nonprofit organization (as designated by the Internal Revenue Service) whose request is in furtherance of the cultural or social interests of the United States;

A nonprofit organization seeking to expedite a beneficiary’s benefit request must demonstrate an urgent need to expedite the case based on the beneficiary’s specific role within the nonprofit in furthering cultural or social interests (as opposed to the organization’s role in furthering social or cultural interests). Examples may include a medical professional urgently needed for medical research related to a specific social U.S. interest (such as the COVID-19 pandemic or other socially impactful research or project) or a university professor urgently needed to participate in a specific and imminent cultural program. Another example is a religious organization that urgently needs a beneficiary’s specific services and skill set to continue a vital social outreach program. In such instances, the religious organization must articulate why the respective beneficiary is specifically needed, as opposed to pointing to a general shortage alone.

• U.S. government interests (such cases identified as urgent by federal agencies such as the U.S. Department of Defense, U.S. Department of Labor, National Labor Relations Board, Equal Opportunity Commission, U.S. Department of Justice, U.S. Department of State, U.S. Department of Homeland Security, or other public safety or national security interests); or

U.S. government interests may include, but are not limited to, cases identified as urgent by other government agencies, including labor and employment agencies, and public safety or national security interests.
For expedite requests made by a federal agency, involving other public safety or national security interests, the national interest need must be immediate and substantive. If the need for the action is not immediate, expedited processing is not warranted. A substantive need does not mean that a delay would pose existential or irreversible consequences to the national interests but rather that the case at hand is of a scale or a uniqueness that requires immediate action to prevent real and serious harm to U.S. interests.
Expedite requests from government agencies (federal, state, or local) must be made by a senior-level official of that agency. If the request relates to employment authorization, the request must demonstrate that the need for a person to be employment-authorized is mission-critical and goes beyond a general need to retain a particular worker or person. Examples include, but are not limited to, a noncitizen victim or witness cooperating with a federal, state, or local agency who is in need of employment authorization because the respective agency is seeking back pay or reinstatement in court proceedings.

• Clear USCIS error.

Not every circumstance that fits in one of these categories will result in expedited processing.
For more information, see USCIS Policy Manual, Volume 1, Part A, Public Services, Chapter 5, Requests to Expedite Applications or Petitions [1 USCIS-PM A.5].
You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) The USCIS Contact Center will not be able to refer the expedite request to the appropriate office without a receipt number.
When you call to request expedited processing, the USCIS Contact Center creates and forwards a service request to the office with jurisdiction over your application or petition. After receiving the service request, the reviewing office may request additional documentation to support expedited processing. A decision on an expedite request is not an approval or a denial of the underlying benefit request. The expedite decision simply informs the requestor whether USCIS will take the benefit request out of date order and issue a decision (approval or denial) faster than the normal processing time.
In accordance with the criteria above, note specific handling procedures in the following circumstances:

Adoptions

See the USCIS Adoption Contact Information webpage for information on how to make expedite requests for adoption cases.

Appeals

Requests for expedited processing of appeals may be included with the appeal. Expedite requests included with the appeal will be reviewed by the office that issued the decision.
For appeals filed with the Administrative Appeals Office (AAO), any expedite request made after the appeal submission should be mailed or faxed directly to AAO. See AAO’s Processing Requests and Contacting the AAO pages for more information.
Regardless of whether the expedite request is submitted with the appeal or afterward, the expedite request should include:

• A cover letter clearly marked “EXPEDITE REQUEST”; and
• Documentary evidence supporting the request for expedited processing of the appeal.

Requests for expedited processing of appeals filed with the Board of Immigration Appeals (BIA) should follow the BIA expeditious handling procedures.

Applications for Asylum

Requests for expedited processing on asylum applications should be directed to the office with jurisdiction over the asylum application. See the Affirmative Asylum Interview Scheduling page for more information.

Benefit Requests Pending Outside the United States
Send requests for expedited processing of applications for refugee status to the Resettlement Support Center handling the case abroad. For more information, see the USCIS Questions and Answers: Refugees page.
Send requests for expedited processing of humanitarian parole for beneficiaries located outside of the United States to the Humanitarian Affairs Branch. For more information, see the Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States page.
For all other immigration benefit requests pending with USCIS offices located outside the United States, you may request expedited processing by submitting a written request, along with any supporting documentation, directly to the USCIS office with the benefit request.
For contact information for USCIS offices located outside the United States, see the USCIS International Immigration Offices page. Requests for expedited processing on matters pending with Department of State (DOS) should follow DOS expeditious handling procedures.

Last Reviewed/Updated:
01/25/2022

​

​USCIS Extends Flexibility for Responding to Agency Requests
for additional 60 days after the due date, if the decision was made or request sent between Nov. 1, 2021, and March 26, 2022, inclusive. USCIS will consider a Form I-290B or Form N-336 filed within 90 days of the date of issuance.
​
Если запрос на документы RFE был сделан в промежутке между 1 ноября 2021 и 26 марта 2022, то у вас появилось дополнительных 60 дней для ответа на запрос RFE или 90 дней с момента решения на обжалования, аппеляции решения по вашему делу.

12/30/2021 In response to the COVID-19 pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain:

Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny, NOID
Notices of Intent to Revoke, NOIR
Notices of Intent to Rescind, NOIR
Notices of Intent to Terminate regional centers; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

Response Due Date:
This flexibility applies to the documents listed above if the issuance date listed on the request, notice or decision is between March 1, 2020, and March 26, 2022, inclusive. USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action.
In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:
The form was filed up to 90 calendar days from the issuance of a decision we made; and
We made that decision between Nov. 1, 2021, and March 26, 2022, inclusive.
Under previously announced flexibilities, USCIS considered a Form I-290B or a Form N-336 if the form was filed up to 60 calendar days from the issuance of a decision by USCIS, and if such decision was issued between March 1, 2020, and Oct. 31, 2021, inclusive.

​To schedule a consultation with immigration attorney, please email us.

​Read here.

Due to the COVID-19 pandemic, US embassies and consulates were instructed to suspend routine visa services and provide only mission critical and emergency services in late March 2020. This had a significant impact on the provision of Immigrant and Nonimmigrant Visa-related services. Posts were only able to resume limited services on a post-by-post basis beginning in July, as local conditions allowed.

In FY 2020, all US embassies approved 16,849 K-1 fiancee visas, and denied 5,143 K-1 fiancee visas (total number of K-1 visas adjudicated in FY2020 was 21,992). In FY2020 denial rate for K-1 visa was 23%. 

K-2 visas are visas for K-1 dependent children. In FY 2020, 2,460 K-2 dependent of a fiancee visas were approved and issued, and 55 K-2 visas were denied (total of 2,515 K-2 visas were adjudicated in FY2020).

We often hear questions about K-3 and K-4 visas. In FY 2020, only 2 K-3 visas were approved and 6 K-3 visas were denied (total of 8 visas adjudicated).

In FY2020, 4 K-4 visas were approved and 1 K-4 visa was denied (total of 5 visas worldwide).

This most recent statistics shows that K-3 and K-4 visas are obsolete.

To be approved for a K-1 fiancee visa, it is important to prove that the relationship is real and in good faith.

Before we can accept and give you a quote for a K-1 fiancee visa case, we usually ask our prospective clients to complete a questionnaire, answer a few questions, send us copies of the ID documents and some proof of an ongoing good faith fiancee relationship.

NIV non-immigrant visas FY2020 workload can be seen here: 

Summary of all IV and NIV issued by posts around the world in FY2020 in here. and here . 

To schedule a consultation with immigration attorney, please email us. We can't give a quote over the phone until after we received your questionnaire and reviewed your information.

​

On December 13, 2021, USCIS reminded the public that they offer immigration services that may help people affected by unforeseen circumstances such as natural disasters. Examples of unforeseen circumstances include, but are not limited to, the recent tornadoes in Kentucky and surrounding states.
The following measures may be available on a case-by-case basis upon request:

• Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
• Re-parole of individuals previously granted parole by USCIS;
• Expedited processing of advance parole requests;
• Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment authorization applications, where appropriate;
• Consideration of fee waiver requests due to an inability to pay;
• Flexibility for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner;
• Flexibility if you were unable to appear for a scheduled interview with USCIS;
• Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card), Employment Authorization Documents, and Arrival/Departure Record (Form I-94); and
• Rescheduling a biometric services appointment.

Note: When making a request, please explain how the impact of unforeseen circumstances, such as a natural disaster, created a need for the requested relief. If you lost all forms of evidence in an unforeseen circumstance, include an explanation in your description and a copy of a police report, insurance claim, or other report, if available, to support your request.
Visit Special Situations page or call us for more information about how we provide assistance to individuals affected by unforeseen circumstances. To learn how to request these measures, call us at 800-375-5283. For people with disabilities: (TTY) 800-767-1833 or (VRS) 877-709-5797.

​

Conditional or permanent bars to GMC good moral character can result in the denial of your application for Naturalization, N-400, and also other applications for immigration benefits.

For example, a VAWA self-petitioner or applicant for naturalization (citizenship) will generally fail to establish that they possess good moral character if they were engaged or continue to be engaged in prostitution or gave false testimony. It can also bar a person from adjusting their status to the status of a lawful permanent resident in the United States.

Prostitution.

An applicant may not establish GMC if he or she has engaged in prostitution, procured or attempted to procure or to import prostitutes or persons for the purpose of prostitution, or received proceeds from prostitution during the statutory period.[39] The Board of Immigration Appeals (BIA) has held that to “engage in” prostitution, one must have engaged in a regular pattern of behavior or conduct.[40] The BIA has also determined that a single act of soliciting prostitution on one’s own behalf is not the same as procurement.[41]

Another ground is False Testimony: 

An applicant who gives false testimony to obtain any immigration benefit during the statutory period cannot establish GMC.[33] 
False testimony occurs when the applicant deliberately intends to deceive the U.S. Government while under oath in order to obtain an immigration benefit. This holds true regardless of whether the information provided in the false testimony would have impacted the applicant’s eligibility. The statute does not require that the benefit be obtained, only that the false testimony is given in an attempt to obtain the benefit.[34]
While the most common occurrence of false testimony is failure to disclose a criminal or other adverse record, false testimony can occur in other areas. False testimony may include, but is not limited to, facts about lawful admission, absences, residence, marital status or infidelity, employment, organizational membership, or tax filing information. 

​Good Moral Character requirement for Naturalization. 

There are many other conditional bars to good moral character listed in the USCIS Manual.

Permanent bars to good moral character are listed in the USCIS Manual here.

If in doubt, you should consult an immigration attorney, and have your case evaluated before applying for any immigration benefits.

In Russian:

Для многих иммиграционных заявлений требуется доказательство того, что заявитель не является аморальным человеком. В законе есть перечень условных оснований для отказа в заявлении и постоянных оснований для отказе в заявлении, на том основании, что человек считается "аморальным" (или у него/нее отсутствует "good moral character"). 

Например, проституция, дача ложных показаний и другие основания могут привести к отказу.

Если вы сомневаетесь, касается ли это вашей ситуации, проконсультируйтесь конфиденциально с адвокатом по вашему делу перед тем как подавать заявления в USCIS, а иногда и до того как начинать подготовку по делу, чтобы реально оценить ваши шансы и не терять время и ресурсы.

USCIS is temporarily waiving the requirement that the civil surgeon sign the medical exam Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status).

This temporary rule is effective December 9, 2021 until September 30, 2022, and applies to all Forms I-693 associated with applications for underlying immigration benefits that have not been adjudicated, regardless of when the application was submitted or when the Form I-693 was signed. 

This temporary waiver will help applicants who have been affected by the COVID-19 pandemic and related processing delays, which have sometimes caused delays in completing the immigration medical examination. Temporarily allowing applicants to submit their underlying application for an immigration benefit with a completed Form I-693, even if the civil surgeon signed more than 60 days prior, will allow individuals to complete the application process without the need to undergo another immigration medical examination if Form I-693 is otherwise valid.

In Russian: 

С 9 декабря 2021 по 30 сентября 2022 временно отменено правило о том, что медосмотр должен быть подписан врачем в течение 60 дней перед подачи заявлений в USCIS. Это временное правило относится ко всем заявлениям, вне зависимости от того, когда они были поданы и когда были подписаны врачем. Срок действия до 30 сентября 2022.

USCIS Policy Update dated 12/09/2021 is published here. 
​

On October 25, 2021, the President issued a Proclamation to suspend and limit entry into the United States for non-U.S. citizens who are nonimmigrants seeking to enter the United States by air travel and are not fully vaccinated against COVID-19.

On the same day, CDC issued an Order to implement the President’s direction. The Proclamation and CDC’s Order do not apply to U.S. citizens, U.S. nationals, U.S. lawful permanent residents, and immigrants. The Proclamation and Order also do not apply to air crew members under certain circumstances. For more information, including exceptions, see Presidential Proclamation and Frequently Asked Questions below.
What You Need to Know

• If you are a non-U.S. citizen who is a nonimmigrant (not a U.S. citizen, U.S. national, lawful permanent resident, or traveling to the United States on an immigrant visa), you will need to show proof of being fully vaccinated against COVID-19 before you travel by air to the United States from a foreign country.
• Some categories of noncitizen, nonimmigrants are excepted from this requirement. If you meet the criteria for one of these categories, you will need to fulfill additional requirements to travel by air to the United States.
• At this time, all air passengers ages 2 or older, regardless of citizenship or vaccination status, must show a negative result of a COVID-19 viral test or documentation of recovery from COVID-19 before they board a flight to the United States. For more information about these testing requirements, visit Requirement for Proof of Negative COVID-19 Test or Documentation of Recovery from COVID-19.

Immigrants: 
The Presidential Proclamation and CDC’s Order do not apply to immigrants. People applying to enter the United States as immigrants (with exceptions) are required to have a medical examination that includes a COVID-19 vaccination requirement before they are issued an immigrant visa.

Noncitizen, Nonimmigrants:
Noncitizens who are nonimmigrants and seeking to enter the United States by air are required to show proof of being fully vaccinated against COVID-19 before boarding a flight to the United States from a foreign country.
If you are not fully vaccinated against COVID-19, you will NOT be allowed to board a flight to the United States, unless you meet the criteria for an exception under the Proclamation and CDC’s Order.

Categories of noncitizen nonimmigrants that meet the criteria for an exception under the Proclamation and CDC’s Order include:

• Persons on diplomatic or official foreign government travel
• Children under 18 years of age
• Persons with documented medical contraindications to receiving a COVID-19 vaccine
• Participants in certain COVID-19 vaccine trials
• Persons issued a humanitarian or emergency exception
• Persons with valid visas [excluding B-1 (business) or B-2 (tourism) visas] who are citizens of a foreign country with limited COVID-19 vaccine availability
• Members of the U.S. Armed Forces or their spouses or children (under 18 years of age)
• Sea crew members traveling with to a C-1 and D nonimmigrant visa
• Persons whose entry would be in the national interest, as determined by the Secretary of State, Secretary of Transportation, or Secretary of Homeland Security (or their designees)

If you travel by air to the United States under one of these exceptions, you will be required to attest that you are excepted from the requirement to present Proof of Being Fully Vaccinated Against COVID-19 based on one of the exceptions listed above. Based on the category of the exception, you may further be required to attest that:

1. You will be tested with a COVID-19 viral test 3–5 days after arrival in the United States, unless you have documentation of having recovered from COVID-19 in the past 90 days;
2. You will self-quarantine for a full 7 days, even if the test result to the post-arrival viral test is negative, unless you have documentation of having recovered from COVID-19 in the past 90 days; and
3. You will self-isolate if the result of the post-arrival test is positive or if you develop COVID-19 symptoms.

Based on the category of the exception, if you intend to stay in the United States for longer than 60 days you may additionally be required to attest that

• You agree to be vaccinated against COVID-19; and
• You have arranged to become fully vaccinated against COVID-19 within 60 days of arriving in the United States, or as soon thereafter as is medically appropriate, unless (for children) you are too young to be vaccinated.

A parent or other authorized person should attest on behalf of a passenger under 18 years old. An authorized person may attest on behalf of any passenger who is unable sign their own attestation (e.g., because they are too young, or because of physical or mental impairment).
If you are a noncitizen nonimmigrant and are fully vaccinated, make sure your vaccine and proof of vaccination are acceptable to board a flight to the United States.

What are acceptable Covid-19 vaccines and what is acceptable proof of vaccination? Read here.

List of acceptable COVID-19 vaccines include:

• Pfizer-BioNTech
• Moderna
• AstraZeneca
• Covishield
• BIBP/Sinopharm
• Sinovac
• Janssen/J&J

Russian Sputnik COVID-19 vaccine is not considered an acceptable vaccine for the purpose of travel to the United States.
Russia is not included into the list of exempt countries.

Read information in Russian at Rubic here.

С 8 ноября 2021 только полностью вакцинированные туристы и другие не-иммигранты смогут приехать в США. В списке утвержденных вакцин нет российского “Спутника”. Это представляет проблему для граждан России и Беларуси и некоторых других. 

Information at the US Department of State website.

​Information at the CDC website. 

9 FAM 504.4 (b) (U) was updated on 10/21/2021 to state that all Immigrant Visa cases designated for Moscow, Russia will be transferred to Warsaw, Poland for consular processing.

Along with Somalians, Yemenis, Cubans, Iranians and a few others - Russian citizens were designated as homeless nationality. Immigrant visa cases for Russia designated as homeless cases.

Now, all those IV cases pending interview will be scheduled for a visa interview at the US embassy in Warsaw, Poland.

More details and clarifications from the Department of State and USCIS to follow this announcement.

Briefly in Russian:

21 октября 2021 закон был изменен и российские граждане ожидающие интервью на визу в США были квалифицированы как "лица без гражданства", и дела по иммиграционным визам россиян как дела лиц без гражданства.

Наравне с гражданами таких стран как Сомалия, Иран, Куба и некоторые другие, которые также признаны лицами без гражданства в целях получения иммиграционных виз в США - дела по выдаче иммиграционных виз граждан России будут рассматриваться за пределами России, а именно в американском посольстве в Варшаве Польше.

Детали и инструкции должны быть опубликованы скоро.


9 FAM 504.4-8(E)(1)  (U) Definition of Homeless Cases
(CT:VISA-1398;   10-21-2021)
a. (U) Generally, a homeless visa applicant is one who is a national of a country in which the United States has no consular representation or in which the political or security situation is tenuous or uncertain enough that the limited consular staff is not authorized to process IV applications.  Countries whose nationals are considered homeless are listed in paragraph b below.
b. (U) List of Homeless Nationalities:
HOMELESS NATIONALITIES
SELECTED IV PROCESSING POSTS
Cubans - Georgetown
Eritreans - Addis Ababa and Nairobi
Iranians - Abu Dhabi, Ankara, and Yerevan
Russians - Warsaw
Libyans - Tunis
Somalis - Nairobi
South Sudanese - Nairobi
Syrians - Amman, Beirut (For Palestinians with Syrian Travel Documents)
Venezuelans - Bogota
Yemenis - Djibouti

9 FAM 504.4-8(E)(2)  (U) Location of Homeless Applicant
(CT:VISA-1;   11-18-2015)
a. (U) Homeless Physically Present in the United States:  Applicants residing in the United States may elect to apply for adjustment of status with Department of Homeland Security (DHS) under the provisions of INA 245(i), and thus rarely require visa processing abroad.
b. (U) Homeless Physically Present in a Third Country:  Homeless applicants residing in a third country are processed at the same IV processing post as are nationals of that country.  Posts must accept for processing any IV applicant who is physically present in their consular district, provided the applicant has the permission of the host government to remain there legally for a period sufficient to complete processing of the application.  This does not include persons who have been determined not to be refugees, and who are subject to return to their country of origin.
c. (U) Homeless Physically Present in Home Country:  The Visa Office (VO) has designated specific posts to process IV applications from these homeless applicants.  (See 9 FAM 504.4-8(E)(1) above for a list of nationalities considered homeless and the posts selected to process such cases.)
9 FAM 504.4-8(E)(3)  (U) Processing Homeless Cases
(CT:VISA-986;   12-18-2019)
(U) The National Visa Center (NVC) will screen and assign all petitions for homeless beneficiaries to the appropriate post for processing.  The original post code will be maintained in instances where that benefits operations at NVC and post.

https://fam.state.gov/fam/09FAM/09FAM050404.html

DV-2023 Program: Online Registration will begin on Wednesday, October 6, 2021 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4), and concludes on Tuesday, November 9, 2021 at 12:00 noon, Eastern Standard Time (EST) (GMT-5).

Individuals who submit more than one entry during the registration period will be disqualified.
DV-2023 Program Instructions:

Announcement: 
https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-instructions.html

Instructions for the DV-2023 lottery are here:
https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2023-Instructions-Translations/DV-2023-Instructions-English.pdf

The only official website where entries can be submitted is the U.S. Department of State website: 
https://dvprogram.state.gov/

If you need help or have questions or want to schedule a consultation with an immigration attorney, please email at [email protected]

In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind;
• Notices of Intent to Terminate regional centers; and
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

• The form was filed up to 60 calendar days from the issuance of a decision we made; and
• We made that decision anytime from March 1, 2020, through Jan. 15, 2022

Notice/Request/Decision Issuance Date:
This flexibility applies to the above documents if the issuance date listed on the request, notice or decision is between March 1, 2020, and Jan. 15, 2022, inclusive.
Response Due Date:
USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, we will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.
Please visit uscis.gov/coronavirus for USCIS updates.

New COVID rules for international flights impact foreign tourists as well as the U.S. citizens and permanent residents returning to the United States.

The Biden administration is rolling out new international travel policies affecting Americans and noncitizens alike who want to fly into the U.S. The goal is to restore more normal air travel after 18 months of disruption caused by COVID-19. New travel policies will take effect in November 2021.

What is the new policy in a nutshell?
All adult foreign nationals traveling to the U.S. will be required to be fully vaccinated before boarding their flight. This is in addition to the current requirement that travelers show proof of a negative COVID-19 test taken within 72 hours of departure to the U.S.
Once the vaccination requirement is put in place, the White House will ease all the country-specific restrictions on international travel that have prevented non-citizens who have been in the United Kingdom, European Union, China, India, Iran, Republic of Ireland, Brazil or South Africa in the prior 14 days from entering the U.S.

How does this affect Americans?

Fully vaccinated Americans will only need to show proof of a negative COVID-19 test taken within 72 hours of departure to the U.S.

What about unvaccinated Americans?

U.S. citizens and permanent residents who are not fully vaccinated will still be able to fly to the U.S., but they will see tougher testing and contact tracing protocols. They will need to be tested within 24 hours of boarding a flight to the U.S., as well as undergo testing upon return to the country. It remains to be seen, though, how the federal government will enforce the testing requirement upon return.

Are unvaccinated children exempt from US entry rules?
Unvaccinated children of U.S. citizens and foreign nationals will be subject to the stricter new testing requirements. Today, children ages 2 and older boarding international flights to the United States must show proof of a negative test taken three days before boarding.
White House officials say limited exemptions for children may be added, but no decisions have been made.

What is CDC contact tracing and how will it affect US-bound airline passengers?
The new U.S. entry rules also call for a "strong contract tracing system."
Airlines will be required to collect personal information including a phone number and email from U.S.-bound travelers, whether American citizens or foreign nationals. They will be required to keep that information for 30 days in case a passenger is exposed to someone with COVID-19.
The CDC is going to issue a contract tracing order that will require airlines to request comprehensive information for every passenger coming to the United States and to provide that information promptly to the CDC upon request. 

Will passengers on international flights to the US have to quarantine when they arrive?
No. The CDC does recommend, however, that unvaccinated Americans who travel internationally self-quarantine for seven days, even if they test negative for the coronavirus when they return home.

What about travel over land borders?
The administration's restrictions on crossing land borders from Mexico and Canada into the U.S. are to remain unchanged for now. That means that in some cases fully vaccinated people from the two American neighbors will soon be able fly to the U.S., but may not be able to make the same journey by car.

Which vaccines are acceptable?
The CDC says the U.S. will accept full vaccination of travelers with any COVID-19 vaccine approved for emergency use by the World Health Organization, including those from Pfizer, Moderna and Johnson & Johnson used in the U.S. Other vaccines are also approved by the WHO and used widely around the world, including from AstraZeneca and China’s Sinovac, with varying degrees of effectiveness against COVID-19 and its more transmissible delta variant. The WHO is reviewing Russia’s Sputnik V vaccine but hasn’t approved it.

​Read more here.

Starting September 4, 2021, USCIS is extending the time that receipt notices can be used to show evidence of status from 18 months to 24 months for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.

USCIS made the change from 18 to 24 months to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year.
Conditional permanent residents who properly file Form I-751 or Form I-829 will receive a receipt notice that can be presented with their Form I-551, Permanent Resident Card (also known as a Green Card), as evidence of continued status for up to 24 months past the expiration date on their Green Card, while their case remains pending with USCIS.
Additionally, USCIS will issue new receipt notices to eligible conditional permanent residents who properly filed their Form I-751 or Form I-829 before Sept. 4 and whose cases are still pending. Those receipt notices will also serve as evidence of continued status for 24 months past the expiration date on their Green Card.

Briefly in Russian:

Начиная с 4 сентября 2021, USCIS будет выдавать официальные Receipt Notices, Forms I-797, петиционерам, подавшим петицию I-751 на снятие условностей с грин карты, и продляющие срок действия истекшей грин карты на 24 месяца (до сих пор это было 18 месяцев).
Это нововведение вызвано тем, что сроки рассмотрения петиций замедлились и порой занимают более 2-х лет.
Если ваша петиция была подана до 4 сентября 2021 и все еще на рассмотрении, то вы получите новый Receipt, с новой датой продления на 24 месяца вместо 18 месяцев.

Effective October 1, 2021, with few exceptions, those applying for permanent residence (green card) must be vaccinated against COVID-19. Covid-19 was classified by the CDC as a “Class A inadmissible condition”. The new vaccine requirements apply to foreign nationals applying for adjustment of status in the United States (filing Form I-485) when completing the I-693 medical examination with a designated USCIS civil surgeon. It also applies to foreign nationals applying for an immigrant visa or refugee status at a US consulate and undergoing a medical examination with a panel physician.

Regarding the I-485, the CDC  said that the applicant “must complete the COVID-19 vaccine series and provide documentation of vaccination to the civil surgeon in person before completion of the medical examination.” The COVID-19 vaccination requirement differs from previous requirements in that “the entire vaccine series (1 or 2 doses depending on formulation) must be completed in addition to the other routinely required vaccines. COVID-19 vaccinations can now be given at any time, without regard to the timing of other vaccinations.” Acceptable vaccines include Pfizer-BioNTech, Moderna, and Johnson & Johnson.
Panel physicians in countries outside the US may accept vaccines authorized for emergency use or approved by the US Food and Drug Administration  or vaccines listed for emergency use by the World Health Organization. In addition to the three vaccines used in the US, the WHO lists many other vaccines used outside the US such as AstraZeneca, Covishield and Covaxin, Sputnik, Sinopharm and Sinovac, among others. 
Waivers are available. Applicants may also apply for an individual waiver on religious or moral grounds.
Until now, even if a country was subject to a Covid ban, one applying for an immigrant visa is exempted from the ban.  
US citizens, permanent residents and noncitizens with US citizen or permanent resident children are exempted from the ban. So are those who can obtain national interest exception waivers on a variety of grounds. 
Applicants that do not qualify for an exemption or waiver to this policy and refuse one or more doses of a COVID-19 vaccine series will be deemed inadmissible to the United States and denied a green card.
Read more here.

Update from the USA embassy in Afghanistan.
"U.S. government-provided flights are departing Kabul and will continue until the evacuation operation is complete. U.S. citizens, lawful permanent residents (LPRs), and their spouses and unmarried children (under age 21) should consider travelling to Hamid Karzai International Airport when you judge it is safe to do so. The U.S. government cannot ensure safe passage to the airport.
We are processing people at multiple gates. Due to large crowds and security concerns, gates may open or close without notice. Please use your best judgment and attempt to enter the airport at any gate that is open."
"U.S. Citizens and Legal Permanent Residents:
U.S. citizens seeking assistance to depart Afghanistan should utilize this link: Repatriation Assistance Request (https://forms.office.com/pages/responsepage.aspx... )or in an emergency, call 1-888-407-4747 (U.S. Canada) or +1-202-501-4444 (overseas). Legal permanent residents (LPRs) and spouses and minor children of U.S. citizens in Afghanistan who are awaiting immigrant visas should also complete this form.
Non-U.S. Citizens or Legal Permanent Residents:
The United States is also taking every available measure to assist Afghans who are at risk, particularly those who worked for or with the United States or have supported international efforts, and has established mechanisms to help Afghans at risk receive protection from potential retaliation or harm.
The two key mechanisms to support Afghans who are at risk because of their affiliation with the United States are the Special Immigrant Visa (SIV) program and priority referrals to the U.S. Refugee Admissions Program (USRAP).
Special Immigrant Visa Applicants:
Afghan SIV Program Update
The Emergency Security Supplemental Appropriations Act, 2021, as enacted on July 30, 2021, authorized 8,000 additional Special Immigrant Visas (SIVs) for Afghan principal applicants, for a total of 34,500 visas allocated since December 19, 2014. The Department of State’s authority to issue SIVs to Afghan nationals under section 602(b) of the Afghan Allies Protection Act of 2009, as amended, will continue until all visa numbers allocated under the Act are issued.
Additional information on the Special Immigrant Visa (SIV) program is available at https://travel.state.gov/.../special-immg-visa-afghans....
For additional questions related to the U.S. Refugee Admissions Program, please contact [email protected].
U.S. Refugee Admissions Program:.. read more at
https://af.usembassy.gov/afghanistan-inquiries/
https://www.state.gov/afghanistan-inquiries/

Additional resources:

Here are some useful resources assembled by several groups assisting in evacuations from Afghanistan. August 2021.

1) Find help by country:
https://www.helpafghansnow.info/i-need-help/
2) Leaving Afghanistan by-country resources.
For example, for those with SIV to the USA:
https://seirmprod.servicenowservices.com/kra
[email protected]
1-603-334-0828
For emergencies, call +1-202-501-4444 [email protected]
+1-888-407-4747
+1-703-693-0799
3) Exit SOS Afghanistan:
http://exitsos.com/
4) Visas information by-country: https://visasforafghans.net/wiki/index.php/Main_Page
5) Google Drive resources:
https://drive.google.com/drive/u/0/folders/1G4IZPBNMgb4ybmAtqThWyWRcu2XPRZ0-?fbclid=IwAR3cF2Pj53Nqgp7F6jQZwqzKlCBSRxU_7il7SXwlmo9ETALFuvQVG6rlfS4
​

This is very welcome news! Applicants for Change of Status to F-1 Student No Longer Need to Submit Subsequent Applications to 'Bridge the Gap'.

USCIS announced on July 20, 2021, new policy guidance that eliminates the need for individuals who have applied for a change of status to F-1 student (USCIS Form I-539) to apply to change or extend their nonimmigrant status while their initial F-1 change of status application is pending.

Under the previous policy, applicants needed to maintain status up to 30 days before the program start date listed on their Form I-20, Certificate for Eligibility for Nonimmigrant Student Status, which required them to file extensions, or an initial change of status and subsequent extensions ensuring that they would not have a “gap” in status, USCIS explained.

To prevent a gap in status, USCIS said it will grant the change of status to F-1 effective the day the agency approves an applicant’s Form I-539, Application to Extend/Change Nonimmigrant Status. If USCIS approves an application more than 30 days before the student’s program start date, the student must not violate F-1 status during that time. An example of a violation, USCIS said, “would be engaging in employment, including on-campus employment, more than 30 days before the program start date as listed on their Form I-20.”
USCIS said it is revising the Form I-539 instructions to reflect these changes.
Read more at:

• USCIS alert, July 20, 2021, https://www.uscis.gov/news/alerts/applicants-for-change-of-status-to-f-1-student-no-longer-need-to-submit-subsequent-applications-to  
• “Policy Change to Benefit Children of H-1B Visa Holders in the U.S.,” Economic Times, July 22, 2021, https://economictimes.indiatimes.com/nri/migrate/policy-change-to-benefit-children-of-h-1b-visa-holders-in-the-us/articleshow/84607555.cms?from=mdr

In response to the coronavirus (COVID-19) pandemic, USCIS is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain requests from USCIS:

• RFE, Requests for Evidence;
• Continuations to Request Evidence (N-14);
• NOID, Notices of Intent to Deny;
• NOIR, Notices of Intent to Revoke;
• NOIR, Notices of Intent to Rescind;
• Notices of Intent to Terminate regional centers; and
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

• The form was filed up to 60 calendar days from the issuance of a decision we made; and
• We made that decision anytime from March 1, 2020, through Sept. 30, 2021

Notice/Request/Decision Issuance Date:
This flexibility applies to the above documents if the issuance date listed on the request, notice or decision is between March 1, 2020, and Sept. 30, 2021, inclusive.
Response Due Date:
USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, we will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.

Briefly in Russian:

В связи с пандемией COVID-19, USCIS продлило срок для ответа на их запросы на 60 дней. Продление относится к запросам, датированным после 1 марта 2020 и по 30 сентября 2021.

See here.

Effective June 14, 2021, the Vermont Service Center will no longer receive any incoming mail at the St. Albans, VT facility, which is being decommissioned.
Mail sent to the previous addresses will be forwarded for one year, but any mail sent to the previous addresses after June 2022 may be returned to the sender by the United States Postal Service or the courier service used.
New Address effective date 06-14-2021:
Premium Processing Mail
Premium Processing Service
USCIS Vermont Service Center
30 River Road
Essex Junction, VT 05452-3808

H-1B Cap Mail
USCIS Vermont Service Center
38 River Road
Suite 1000
Essex Junction, VT 05479-0001

All Other Mail
USCIS Vermont Service Center
38 River Road
Essex Junction, VT 05479-0001

The policy update will help provide stability to U Visa Petitioners supporting law enforcement efforts to investigate and prosecute crimes 
U.S. Citizenship and Immigration Services is updating the USCIS Policy Manual to implement a new process, referred to as Bona Fide Determination, which will give victims of crime in the United States access to employment authorization sooner, providing them with stability and better equipping them to cooperate with and assist law enforcement investigations and prosecutions. 
“This Bona Fide Determination process will allow U visa petitioners to work while they remain safely in the United States, providing valuable support to law enforcement to detect, investigate, or prosecute the serious crimes they have survived or witnessed.” 
Through this new process, USCIS will issue employment authorization and grant deferred action to petitioners in the United States with pending U visa petitions that it determines are bona fide (made in good faith and without intention of deceit or fraud) and who merit a favorable exercise of discretion. To be considered bona fide, the petition must include a certification from law enforcement that the petitioner was a victim of a crime and that the victim has been, is being, or is likely to be helpful in the investigation or prosecution of that crime.
Congress has capped the number of principal U visas available each fiscal year at 10,000, but since 2010 USCIS has received more than 10,000 U visa petitions each year. As a result of this high case volume, U visa petitioners now wait approximately five years before receiving a determination that allows them access to an employment authorization document and deferred action. This wait time not only leaves these individuals vulnerable to financial instability and fear of deportation, but it also can disincentivize victims from coming forward and cooperating with law enforcement. Through this policy update, victims with pending bona fide petitions will receive the stability they need as they rebuild their lives while working with law enforcement to investigate and prosecute criminal activity. This increase in victim cooperation will further fortify law enforcement’s ability to protect communities throughout the United States.  

USCIS will deem a petition bona fide if: 

• The principal petitioner properly filed Form I-918, including Form I-918B U Nonimmigrant Status Certification; 
• The principal petitioner properly filed a personal statement from the petitioner describing the facts of the victimization; and 
• The result of the principal petitioner’s biometrics has been received.

USCIS will issue employment authorization and deferred action if, after conducting and reviewing background checks, the agency determines, in its discretion, that petitioners merit a favorable exercise of discretion and do not pose a risk to national security or public safety. 
This guidance is effective immediately and applies to all Form I-918 and Form I-918A petitions that are currently pending or filed on or after June 14, 2021. 
Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. 

​COVID-19 Update from USCIS:
May 27, 2021: IF YOU ARE FULLY VACCINATED

Due to updated guidance from the CDC, USCIS has updated its visitor policy. (USCIS Visitor Policy). Fully vaccinated individuals no longer have to wear a face covering. Individuals two years old and older who are not fully vaccinated must still wear a face covering.

To be considered fully vaccinated, it must be at least two weeks after receiving a second dose in a two-dose series or at least two weeks after receiving a dose of a single-dose vaccine.

USCIS has eased other requirements for fully vaccinated individuals who do not have COVID-19 symptoms.

Those who have returned from domestic air, international air or cruise ship travel in the past 10 days may enter USCIS facilities if they are fully vaccinated. Individuals who have been in close contact (within six feet for a total of 15 minutes or more) with anyone known to have COVID-19 in the previous 14 days may also enter USCIS facilities if they are fully vaccinated. Healthcare workers who consistently wear an N95 respirator and proper personal protective equipment or equivalent when in contact with COVID-19 positive individuals continue to be exempt from reporting close contact.

In DHS-controlled spaces, this guidance supersedes state, local, tribal, or territorial rules and regulations regarding face coverings.

For more information, see USCIS Policy.

​DV Lottery: What to do if you are selected as a winner in the DV or Green Card Lottery?

Selected entrants are encouraged to complete the online DS-260 application immediately to schedule an interview appointment at the appropriate U.S. Embassy or Consulate.

Please note: The Department of State will not mail notification letters or notify selectees by email. U.S. embassies and consulates will not provide a list of selectees. Entrant Status Check on the E-DV website is the ONLY means by which the Department of State notifies selectees of their selection.

If you receive notification through the Electronic Diversity Visa (E-DV) website that you have been selected for further processing in the Diversity Immigrant Visa (DV) Program, you must successfully complete the steps on the following pages before a consular interview can be scheduled to determine if you will receive a visa. You should complete these steps as soon as possible.

If you receive notification through the E-DV website that you have been selected for further processing in the DV Program, and you are physically present in the United States, you may be eligible to adjust status to obtain permanent residence through the DV Program. For more information, see Adjustment of Status. Consult an attorney to see if you are eligible for adjustment of status.

DV visa fee payment instructions are here.

It is important to remember that selection does not guarantee you will receive a visa. In order to receive a DV to immigrate to the United States, selectees must still meet all eligibility requirements under U.S. law.

The only site where you can enter into DV lottery and later check the results is ​https://dvlottery.state.gov/

​Read more about the DV process here.

​Read about Adjustment of status here.

​Q: Can I enter the USA on a student F-1 visa 3 months before the start of my college program?
Могу ли я въехать в США по студенческой визе за 3 месяца до начала учебы в колледже?

A: No, you can't be admitted to the USA more than 30 days in advance. Student (F and M) visas for new students can be issued up to 120 days in advance of the start date for a course of study. However, students on F or M visas are not permitted to enter the United States earlier than 30 days before the start date of their program.

If you wish to enter earlier than 30 days before your start date, you must separately apply and qualify for a visitor (B) visa. 

After you are admitted to the United States in visitor (B) visa status, you must separately apply to USCIS for a change of status to student (For M) status prior to the start of your program. You may not begin your course of study until the change of status is approved, and you may encounter lengthy processing times. Change of status can take a long time.

In alternative, if you have a F1 visa, you can depart the United States and re-enter on your student (F or M) visa.

Ответ: Нет, вы не можете въехать за 3 месяца, а только не более чем за 30 дней до начала учебы, если вы новый студент. Но вы можете получить гостевую B визу и въехать по ней, а затем либо делать смену статуса в США через USCIS (что может занять длительное время) или выехать из США и въехать перед началом учебы, если у вас в паспорте есть действительная студанческая виза.

https://travel.state.gov/content/travel/en/us-visas/study/student-visa.html

On May 18, 2021, the U.S. State Department announced that it will recognize the U.S. citizenship of a married couple’s child who is born outside the country if one of their parents is an American citizen. Same-sex married couples or children born via surrogate mother, IVF are included into this new interpretation.

The State Department will now approve U.S. citizenship for children born abroad to same-sex or heterosexual American parents via in-vitro fertilization, IVF, surrogacy and by other assisted reproductive means. Under the policy announced Tuesday, the child must be born abroad to married parents and at least one of the parents has to be a U.S. citizen. The child must have biological ties to at least one parent. The child can have biological ties to a foreign parent.

“Children born abroad to parents, at least one of whom is a U.S. citizen and who are married to each other at the time of the birth, will be U.S. citizens from birth if they have a genetic or gestational tie to at least ONE of their parents and meet the INA (Immigration and Nationality Act)’s other requirements. Previously, the department’s interpretation and application of the INA required that children born abroad have a genetic or gestational relationship to a U.S. citizen parent. This updated interpretation and application of the INA takes into account the realities of modern families and advances in ART (assisted reproductive technology) from when the Act was enacted in 1952”, the U.S. State Department said.

​The U.S. Department of State guidance can be found here: 

​

On April 12, 2021, USCIS announced that F-1 students applying for optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, ONLINE, if they are filing ONLY under one of these categories:
(c)(3)(A) – Pre-Completion OPT;
(c)(3)(B) – Post-Completion OPT; and
(c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering and mathematics (STEM) students.

OPT is temporary employment that is directly related to an F-1 student’s major area of study.
The option to file Form I-765 online is only available to F-1 students filing Form I-765 for OPT. If an applicant submits Form I-765 online to request employment authorization on or after April 15, 2021, but is eligible for a different employment authorization category, USCIS will deny the application and will not refund the fee.

In Russian: USCIS объявило 04-12-2021, что иностранные студенты, подающие заявления на OPT, по форме I-765, будут иметь возможность подать это заявление онлайн (по почте также можно его подать). Для этого нужно созтаь свой аккаунт на сайте USCIS, заявление и все документы подаются онлайн. Это возможно пока только в 3-х категориях.

(c)(3)(A) – Pre-Completion OPT;
(c)(3)(B) – Post-Completion OPT; and
(c)(3)(C) – 24-Month Extension of OPT for STEM.

Если ошибочно студент подал форму онлайн, но может получить разрешения на работу не как OPT, а по другой категории, то USCIS откажет и не вернет госпошлину.

​Read here.

Expansion of Interview Waiver Eligibility to 48 months after a previous visa expiration.

The U.S. Department of State has temporarily expanded the ability of consular officers to waive the in-person interview requirement for individuals applying for a nonimmigrant visa in the same classification. 
Previously, only those applicants whose nonimmigrant visa expired within 24 months were eligible for an interview waiver.  The Secretary has temporarily extended the period to 48 months.  This policy is in effect until December 31, 2021.  This change will allow consular officers to continue processing certain nonimmigrant visa applications while limiting the number of applicants who must appear at a consular section, thereby reducing the risk of COVID-19 transmission to other applicants and consular staff.  Travelers are encouraged to review the website of the nearest U.S. embassy or consulate for detailed information on what services are currently available as well as eligibility information and instructions on applying for a visa without an interview. 

In Russian:

Получение неиммиграционных виз без интервью в консульстве США было временно до 31 декабря 2021 продлено до 48 месяцев после истечения срока действия предыдущей визы в той же категории.

​More information is here.