Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

US Dept of State temporary paused issuance of F-1 student visas while creating vetting social media protocols

5/29/2025

The State Department has ordered U.S. embassies to temporarily stop scheduling new student visa F1 appointments, because the administration works to expand social media screenings for F1 visa applicants.
The pause will last "until further guidance is issued" in the next few days.

The State Department is preparing for an "expansion of required social media screening and vetting," and all student visa applicants could be subject to social media checks, according to the cable.
This extra screening would have "significant implications" for embassies and consulates' operations, making a pause on new appointments necessary, the cable said.

Госдеп США временно приостановил интервью на студенческие визы и выдачу F-1 виз из-за того, что они готовят новые правила как они будут изучать аккаунты студентов онлайн в разных социальных сетях, Facebook, Instagram, и т.п.

Обещается, что в течение дней новые правила будут опубликованы и выдача виз восстановится.

Информация тут.

#F1 #studentvisa #F1Visa #f1visainterview #foreignstudents

Vetting of Visa Applicants, Green Card Holders, Students, Exchange Visitors by DOS

4/10/2025

The new administration is subjecting visa applicants and even permanent residents (green card holders) to additional vetting and has placed a “temporary pause” on certain green card applications “to do more vetting.” For example, the green card applications of parolees, asylees and refugees.

Secretary of State Marco Rubio recently sent a cable to some Department of State employees on enhanced screening and social media vetting of visa applicants. Among other things, the cable states that effective immediately, consular officers must refer new or returning student and exchange visitor (F, M, and J) visa applicants to the Fraud Prevention Unit (FPU) for a mandatory social media check if they meet certain criteria:

An applicant who the officer has reason to believe has openly advocated for a designated foreign terrorist organization;
An applicant who was previously in the United States in F-1, M-1, or J-1 visa status between October 7, 2023, and August 31, 2024;
An applicant whose previous SEVIS record was terminated between October 7, 2023, and the present.

The cable states that evidence that an applicant:
…advocates for terrorist activity, or otherwise demonstrates a degree of public approval or public advocacy for terrorist activity or a terrorist organization, may be indicative of ineligibility. [This may be] evident in conduct that bears a hostile attitude toward U.S. citizens or U.S. culture (including government, institutions, or founding principles). Or it may be evident in advocacy or sympathy for foreign terrorist organizations. All of these matters may open lines of inquiry regarding the applicant’s credibility and purpose of travel.
The cable notes that a consular officer’s revocation of a visa “must be based on an actual finding that the individual is ineligible for the visa,” not merely on suspected ineligibility or based on derogatory information that is insufficient to support an ineligibility finding “other than a revocation based on driving under the influence.” If an officer suspects ineligibility, the post should refer the case for further review. Some students on visas or even with green cards have been detained and targeted for removal under INA § 237(a)(4)(C)(i), which authorizes the Secretary of State to “personally determine that [an] alien’s presence would compromise a compelling U.S. foreign policy interest” even if their statements, associations, and beliefs would be lawful.

Who is Eligible for a Visa Interview Waiver in 2024

1/9/2024

On December 21, 2023, the U.S. Department of State (DOS) announced that for 2024 it would continue to waive the requirement of consular interviews for certain nonimmigrant visa applications. However, the 2024 waiver requirements are very different from the 2023 requirements. The 2024 requirements, which took effect January 1, 2024, generally apply to the following:

First-time H-2 visa applicants (temporary agricultural and nonagricultural workers).
Others applying for any nonimmigrant visa classification who
- Were previously issued any nonimmigrant visa except a B visa, and
- Are applying within 48 months of the expiration date of their most recent nonimmigrant visa.

For 2023, more limited categories were eligible for interview waivers, including students, academic (J) Exchange Visitors, and employment-based and other categories. However, waivers were available for first-time applications as well as renewal applications, and the 48-month time limitation did not apply.
For 2024, all nonimmigrant visa applications except B (Business or Visitor) are eligible for the waiver, but they are limited to renewals unless in the H-2 category, and the visa application must have been made no more than 48 months after the expiration date of the most recent nonimmigrant visa. The current authorization will be reviewed annually and will remain in place until further notice.

Additional eligibility requirements for the interview waiverTo be eligible for an interview waiver, applicants must also meet certain criteria, including that they:

apply in their country of nationality or residence.
have never been refused a visa (unless such refusal was overcome or waived).
have no apparent or potential ineligibility.

Consular discretion remains
The State Department adds the caveat that consular officers have the discretion to require in-person interviews on a case-by-case basis or because of local conditions. The announcement reminds applicants to check the websites of the applicable embassy or consulate for more detailed information about visa application requirements to be sure that interview waivers are available. Conclusion The interview waiver policy plays an important part of the State Department's efforts to expedite the visa application process. The interview requirement can take time and can delay adjudication. Again, applicants should check with the applicable U.S. embassy or consulate to determine whether, and to what extent, the interview waiver policy has been implemented.

Read more at the DOS website.

H1B Visa Domestic Issuance Pilot Program January 19-April 1 2024

1/5/2024

We posted about this new Pilot program last year here.

It is expected to run between January 29 and April 1, 2024.

Currently, all visa holders are required to travel to consulates abroad to renew the visa stamps on their passports. The pilot program aims to alleviate massive backlogs and wait times at the consulates abroad.
The Department of State’s initial Domestic Visa Renewal Pilot program will run from January 29, 2024, through April 1, 2024. Applicants who meet the requirements may choose to participate during the application window by applying online. Currently, the program will only service H-1B holders (not their dependents) to limit the scope of applicants during this initial trial period. To control the number of applications received, each week, the Department will release approximately 2,000 application slots for applicants whose most recent H-1B visas were issued by Mission Canada and about 2,000 application slots for those whose most recent H-1B visas were issued by Mission India (about 4,000 total each week) on the following dates:

January 29,
February 5,
February 12,
February 19, and
February 26.

Once the limit is reached, the online portal will be locked until the next tranche of slots is released for each participating Mission group on the next application date. The application period will close when all application slots are filled or on April 1, 2024.
Requirements for Participation
Applicants may participate if they

are seeking to renew an H-1B visa; during the pilot phase, the Department will not process any other visa classifications;
have a prior H-1B visa that is being renewed was issued by Mission Canada with an issuance date from January 1, 2020, through April 1, 2023; or by Mission India with an issuance date of February 1, 2021, through September 30, 2021;
are not subject to a nonimmigrant visa issuance fee (Note: this is commonly referred to as a “reciprocity fee”);
are eligible for a waiver of the in-person interview requirement;
have submitted ten fingerprints to the Department in connection with a previous visa application;
do not have a prior visa that does not include a “clearance received” annotation;
do not have a visa ineligibility that would require a waiver before visa issuance;
have an approved and unexpired H-1B petition;
were most recently admitted to the United States in H-1B status;
are currently maintaining H-1B status in the United States;
do not have a period of authorized admission in H-1B status that has expired, and
intend to reenter the United States in H-1B status after a temporary period abroad.

Applicants will complete a series of questions in the self-assessment tool to help applicants determine if they qualify under the above criteria. Qualified applicants will then complete the DS-160 and pay the MRV fee. Applicants will then be provided with an address to send their documents for processing, including one passport-style photograph, their original passport, a copy of the current I-797 approval notice, I-94, and receipt of fee payment. Note that the self-assessment tool to determine eligibility is only capable of screening out some unqualified applicants. If an applicant is determined unqualified after paying the MRV fee, their payment will NOT be refunded.
The Department of State expects visa processing to take 6-8 weeks, with all applications completed by May 1, 2024. Urgent travel applicants are encouraged to apply for a visa at the consulate in their home country.

US Department of State Proposed New Rule to Allow Attorneys to Attend Interview at the US Embassies

8/15/2023

The U.S. Department of State (DOS) is proposing a new rule that would allow third parties (including attorneys, interpreters, and others) to attend interviews at consulates, embassies, and passport agencies and centers for U.S. citizen services.
These services include but are not limited to appointments for passports, requests for Consular Reports of Birth Abroad (CRBA), and Certificates of Loss of Nationality. The State Department wants to accommodate U.S. citizens who wish to have a third-party with them and believes that most consulates, embassies, and centers have the necessary physical capacity to handle this.
State Department guidance has permitted such third-party attendance in the past, but there have been no specific centralized regulations.
Some consulates, however, have issued detailed guidance. An example is the U.S. Embassy and Consulate in Thailand, which has the following parameters for passport and Consular Report of Birth Abroad appointments:

Only one third-party per applicant;
An attorney cannot substitute for the applicant;
The consular official retains discretion to determine the scope and conduct of the interview;
Attorneys are expected to provide guidance before the interview – not during the interview;
Attorneys may not engage in legal argumentation during the interview;
Third-parties (other than the parent or guardian or a minor child) may not answer questions, summarize, clarify or otherwise interfere with an applicant’s responses;
No coaching is allowed;
Attendees may not object to questions or instruct the applicant not to answer;
Attendees may take written notes, but recording is not allowed; and, of course,
Attendees may not be disruptive.

The proposed rule was published in Federal Register, and the State Department will be accepting comments on the proposed new rule until September 25, 2023.

ICE Reminder About New F-1 Student Visa Fee and Process

6/5/2023

ICE issued a broadcast message to all Student and Exchange Visitor Information System (SEVIS) users to remind them about updated visa issuance guidance and a fee increase.

The message notes that in February 2023, the Department of State (DOS) provided updated guidance that consular officers can now issue an F or M student visa up to 365 days before an international student’s program start date.

However, international students can only enter the United States 30 days before the program start date listed on their Form I-20: “Students who attempt to enter the United States more than 30 days before their program start date may be found inadmissible by U.S. Customs and Border Protection.”

The message also reminded SEVIS users that the fee for student and exchange visitor visas would increase from $160 to $185 on June 17, 2023.

Read more at:
https://www.ice.gov/doclib/sevis/pdf/bcm2305-01.pdf

https://www.ice.gov/doclib/sevis/pdf/VisaGuidance_FAQ.pdf

https://travel.state.gov/content/travel/en/us-visas/study/student-visa.html
https://www.state.gov/publication-of-final-rule-on-nonimmigrant-visa-fee-increases/

The US Department of State New Visa Fees Effective June 17 2023

6/5/2023

The U.S. Department of State is delaying until June 17, 2023, the effective date of its new fee schedule and raising consular visa fees for most nonimmigrant visas and special visas. The new rule was published on March 28, 2023.

Under the final rule, most consular service fees will be increased, although the fee increases are smaller than those proposed in the notice of proposed rulemaking.

Below are the adjustments that DOS will implement under the final rule:

The application processing fee for non-petition-based nonimmigrant visas (NIVs) (except the E category) will increase from $160 to $185.

The application processing fee for H, L, O, P, Q, and R category NIVs will increase from $190 to $205.

The processing fee for Border Crossing Cards for Mexican citizens aged 15 and over will increase from $160 to $185.

The fee for E category NIVs will increase from $205 to $315.

The fee for the exchange visitor waiver of the two-year residency requirement will stay at $120, instead of the proposed $510.

Please see more at DOS final rule https://www.govinfo.gov/content/pkg/FR-2023-05-26/pdf/2023-11420.pdf
and
https://www.govinfo.gov/content/pkg/FR-2023-03-28/pdf/2023-06290.pdf

U.S. Department of State Increases NIV Visa Fees on May 30 2023

4/5/2023

The Department of State published a Final Rule regarding increases to certain nonimmigrant visa application (NIV) processing fees and the Border Crossing Card (BCC) for Mexican citizens age 15 and over. These increases were published in the Federal Register on March 28, 2023 and will be effective on May 30, 2023.

he fee for visitor visas for business or tourism (B1/B2s and BCCs), and other non-petition based NIVs such as student and exchange visitor visas, will increase from $160 to $185.

The fee for certain petition-based nonimmigrant visas for temporary workers (H, L, O, P, Q, and R categories) will increase from $190 to $205.

The fee for a treaty trader, treaty investor, and treaty applicants in a specialty occupation (E category) will increase from $205 to $315.

The fees for most non-petition based NIVs were last updated in 2012, and certain other NIV fees were last updated in 2014.

Other consular fees are not affected by this rule, including the waiver of the two-year residency required fee for certain exchange visitors.

Additional fee information can be found on the Bureau of Consular Affairs website, travel.state.gov, and on the websites of U.S. embassies and consulates.

С 30 мая 2023 повышаются госпошлины за многие не-иммиграционные визы.

Например, туристическая виза будет стоить 185 долларов. Некоторые рабочие визы будут стоить 205 долларов, неиммиграционные визы инвесторов 315 долларов.

Последний раз цены были повышены в 2014 году.

Please read more here.

Foreign Students Can Apply for a Student F-1 Visa 365 Days Before School Starts

3/13/2023

US Department of States recently changed the rules when foreign students can apply for a F-1 student visa and when they can arrive in the United States.

New Students – Student (F and M) visas for new students can be issued up to 365 days in advance of the start date for a course of study. However, you will not be allowed to enter the United States on your student visa more than 30 days before the start date.

Continuing Students - Student (F and M) visas for continuing students may be issued at any time, as long as the student is currently enrolled at a SEVP-approved school or institution and in SEVIS. Continuing students may enter the United States at any time before classes start.

Briefly in Russian:

США изменили важные правила, получения студенческой визы на учебу в США. Теперь подавать заявлкние на визу F-1 на студенческую визу в Соединенных Штатах можно за 365 дней до даты начала учебы, указанной в форме I-20.

Въехать в США новые студенты могут теперь за 30 дней до даты начала учебы (чтобы адаптироваться, снять жилье, подтянуть английский, открыть счет и решить другие бытовые дела).
Форму I-20 университеты теперь смогут выдавать заранее, за год и более до даты начала программы.

More information here.

H-1B and L-1 Visas to to Issued in the USA Pilot Program

3/1/2023

It has been reported that the U.S. Department of State is offering the return of stateside H-1B and L-1 nonimmigrant visa renewal processing.

This process is in the regulatory framework of the department and presently available to only diplomats and NGOs. It stopped full operations in 2004.

H-1B visas are for professional specialty occupation foreign workers across industries and occupations. This visa allows employers to add professional and specialized workers for two three-year periods with further extension period available to those with approved green card petitions waiting limited immigrant visa availability.

Employers seek L-1 visas for foreign nationals who work as employees for a related corporate entity overseas. They are selected for transfer based on their experience and credentials to work for the U.S. related entity as executives, managers or specialized knowledge workers. The L-1 is limited to a five- to seven-year period.

The State Department has not announced any details about the restored stateside service. The agency must set up an entire processing structure to adjudicate the anticipated volume. In the past, specific documents were submitted for processing; they included the DS-160 form, a money order, a passport valid six months beyond the visa petition expiration date, the I-797 Notice of Approval, and an employment verification letter by the U.S. employer with W-2s and pay statements.

It is expected similar documents will be required under the restored program.

This pilot is expected to start later this year and only for limited kinds of nonimmigrant visas at this time.

New CSPA Child Status Protection Act Guidance from USCIS

2/24/2023

On February 14, 2023, the USCIS issued new guidance in it’s policy manual to update when an immigrant visa number “becomes available” in calculating a child’s age under the Child Status Protection Act (CSPA age).

Under the new policy, more children will be protected and will not “age out” and will not be separated from their parents when getting a green card.

The new CSPA policy will apply to “derivative beneficiaries” of both employment-based and family-based applicants for adjustment of status as long as their applications were pending on or after February 14, 2023.

What the new policy means?

Since 2015, the US Department of State started issuing two separate charts in the monthly Visa Bulletin for the Family and Employment categories:

(1) The Final Dates Chart which shows when an immigrant visa may be issued; and

(2) The Dates of Filing Chart which notifies applicants when they may submit required documents for their green card applications.

An applicant may submit documents sooner under the Dates of Filing Chart than under the Final Action Dates Chart. The USCIS chooses each month whether to accept adjustment of status applications earlier under the Dates of Filing Chart or later under the Final Action Dates Chart.

Until February 14, 2023, the USCIS calculated the CSPA age of a child of the applicant using the Final Action Dates Chart.

The new policy in effect since 02-14-2023, clarifies that the USCIS will now use the dates in the Dates of Filing Chart if the agency agrees to use that chart in accepting adjustment applications for a particular month.
The dated of Filing charts is often months or even years ahead of the Final Action Dates.

In announcing the policy change, USCIS mentioned that noncitizens whose adjustment of status applications were denied could file a motion to reopen (Form I-290B) with the agency. Currently, a filing fee is $675 and USCIS maintains discretion to accept such a motion if filed later than 30 days after the denial, or deny it.

New Chapter 7 - Child Status Protection Act.

Welcome Corps Program: Private Sponsorship of Refugees by American Citizens

1/19/2023

On January 19, 2023, the US Department of State announced creation of a new Refugee Resettlement program. The government decided to involve private American citizens into sponsorship, resettlement and taking care of the needs of the refugees. A new program is called The Welcome Corps.

The Department of State, in collaboration with the Department of Health and Human Services, is pleased to announce the creation of the Welcome Corps, a new private sponsorship program that empowers everyday Americans to play a leading role in welcoming refugees arriving through the U.S. Refugee Admissions Program (USRAP) and supporting their resettlement and integration as they build new lives in the United States. Over the past year, the American people have extended an extraordinarily welcoming hand to our Afghan allies, Ukrainians displaced by war, and Venezuelans and others fleeing violence and oppression. The Welcome Corps will build on Americans’ generosity of spirit by creating a durable program for Americans in communities across the country to privately sponsor refugees from around the world. The Welcome Corps is the boldest innovation in refugee resettlement in four decades.

Since the formal inception of the USRAP in 1980, the Department of State has partnered primarily with non-profit resettlement agencies to provide initial resettlement assistance to newly arriving refugees. The Welcome Corps creates new opportunities for everyday Americans to engage directly in refugee resettlement through private sponsorship, independent of and complementary to existing avenues for volunteering with resettlement agencies. By tapping into the goodwill of American communities, the Welcome Corps will expand our country’s capacity to provide a warm welcome to higher numbers of refugees. The launch of the Welcome Corps fulfills the U.S. Government’s commitment to develop a private sponsorship program for resettling refugees in the United States, as directed by President Biden through Executive Order 14301 on “Rebuilding and Enhancing Programs to Resettle Refugees” in February 2021. The establishment of the Welcome Corps is also an aspect of the U.S. Government’s ongoing efforts to strengthen, modernize, and expand the USRAP. The Welcome Corps incorporates lessons learned from other emergency initiatives launched over the past year, including the Sponsor Circle Program for Afghans and sponsorship-based parole programs overseen by the Department of Homeland Security, including Uniting for Ukraine.

Year One of the Welcome Corps

The Department of State will roll out the Welcome Corps in two phases to identify, evaluate, and scale-up the most successful elements of private sponsorship as an innovative, community-led model of resettlement, with the goal of cementing the Welcome Corps as an enduring feature of our refugee resettlement system.

In the first phase of the program, private sponsors participating in the Welcome Corps will be matched with refugees whose cases are already approved for resettlement under the USRAP. The Department of State will begin facilitating matches between private sponsors and refugees arriving within the first six months of 2023.

In the second phase of the program, which will launch in mid-2023, private sponsors will be able to identify refugees to refer to the USRAP for resettlement and support the refugees they have identified. Further details on the second phase of the program will be forthcoming. The Welcome Corps will ultimately be a key part of the U.S. refugee resettlement system, providing a life-saving lifeline to vulnerable people in need of resettlement. In the first year of Welcome Corps, the Department of State will seek to mobilize 10,000 Americans to step forward as private sponsors and offer a welcoming hand to at least 5,000 refugees. If more than 10,000 individual Americans join the Welcome Corps in 2023, we will seek to pair additional private sponsors with refugees in need of a warm welcome.

Participating Organizations

The Department of State is funding a consortium of non-profit organizations with expertise in welcoming, resettling, and integrating refugees into U.S. communities to support the Welcome Corps. This consortium is being led by the Community Sponsorship Hub, and includes Church World Service, IRIS – Integrated Refugee and Immigrant Services, the International Refugee Assistance Project, the International Rescue Committee, and Welcome.US. This consortium will offer expert guidance and support to Americans joining the Welcome Corps.

The consortium will manage the Welcome Corps’ program infrastructure including:

Overseeing vetting and certification of private sponsors through an application process;
Providing training, additional resources, and connections to equip private sponsors with the knowledge, skills, and tools needed to welcome refugees; and
Monitoring the program to ensure privately sponsored refugees are getting the support they need for success and collecting data to evaluate the program.

Community organizations and institutions may also apply to participate in the Welcome Corps as Private Sponsor Organizations (PSOs) to mobilize, support, and oversee private sponsors. As the Welcome Corps launches, a range of organizations are stepping forward as PSOs including Alight, Every Campus A Refuge, HIAS, Home for Refugees USA, IRIS – Integrated Refugee and Immigrant Services, the International Rescue Committee, Rainbow Railroad, and WelcomeNST. With strong support from private philanthropists, the consortium will make funds available to qualifying PSOs to support their efforts. To complement the work of both PSOs and the consortium, the Department of Health and Human Services will continue to support U.S. states as they build infrastructure and outreach capacity to welcome and support new arrivals’ integration into their new communities.

How to Join the Welcome Corps

Groups of at least five individual American citizens or permanent resident adults will be able to apply to the Welcome Corps to privately sponsor the resettlement of refugees in the United States. Private sponsors will be responsible for independently raising funds and directly providing essential assistance to refugees for their first 90 days in their new community. This assistance includes helping refugees find housing and employment, enrolling children in school, and connecting refugees to essential services in the community. For more information on the Welcome Corps or to become a private sponsor, visit the Welcome Corps website.

https://www.state.gov/launch-of-the-welcome-corps-private-sponsorship-of-refugees-2/

Here is the official DOS site for prospective sponsors to register for this program:

https://welcomecorps.org/

New Program to Renew Eligible U.S. Passports Online

1/11/2023

In August 2022, the U.S. State Department introduced a pilot program to allow eligible applicants to renew U.S. passports online. Later, the State Department opened two additional rounds of online applications in September and November 2022. Although an exact date has not been announced, the State Department has stated that it intends to implement a permanent launch in the first quarter of 2023.

In anticipation of this new system, the State Department has established the eligibility criteria and process for renewing a U.S. passport online. Applicants will create an account on MyTravelGov, complete and submit the application online, upload a digital passport photograph, and pay the fee. Applicants will also be able to select the preferred service (routine or expedited), preferred delivery service (1-2 day shipping), and will be able to track the progress of their applications.

To renew a U.S. passport online, applicants will need to meet the following criteria:

Your most recent passport is/was valid for 10 years, and you are age 25 or older;
Your recent passport was issued over 9 years but less than 15 years from the date you plan to submit your application. (Your passport can be expired);
You are not changing your name, gender, date of birth, or place of birth;
You are not traveling internationally for at least six weeks from the date you will submit your application;
You are applying for a regular (tourist) passport. A special issuance (diplomatic, official, service) passport cannot be renewed online;
You live in the United States (either state or territory). Applicants who live in a foreign country or have an Army Post Office (APO) or Fleet Post Office (FPO) address do not qualify to renew online; and
You have your passport in your possession, it is not damaged or mutilated, and you have not previously reported it as lost or stolen.

Applicants who do not qualify for an online renewal may renew via mail or in person at a Regional Passport Agency or Acceptance Facility. Processing times and fees for the online renewal service will be the same as those for renewal by mail and in person.

It is important to remember that the current (most recent passport) will be canceled immediately once a renewal application is filed online, and it cannot be used for international travel, even if it is still valid. Once the new passport is received, applicants should retain the previous passport, place a sticker on it as a reminder that it cannot be used for international travel or identification purposes, and store it in a secure location for safekeeping. Do not send the old passport to the State Department unless you are requested to do so.

Applicants with urgent international travel who need a U.S. passport for travel may still apply at a Regional Passport Agency by calling 1-877-487-2778 to schedule an appointment at any Regional Passport Agency. Evidence of international travel within two weeks of the appointment is required when applying in person at a Regional Passport Agency.

Wait times for all passport applications have slowly improved since the start of the COVID-19 pandemic. Routine passport service is currently taking approximately 6-9 weeks. Routine expedited service for applications submitted by mail and online are currently taking approximately 3-5 weeks.

Briefly in Russian:

В первой половине 2023 ожидается, что можно будет подать на продление американского паспорта онлайн!

Условия: это продление/renewal (а не первый паспорт), для лиц старше 25, находящихся в США, имеющих старый паспорт на руках, старый паспорт был выдан в пределах 9-15 лет назад, паспорт может быть уже истекшим, не меняющих имя или фамилию или пол, обычный туристический паспорт, и нет оcобой срочности и т.п.

Help and Resources for People Evacuating from Afghanistan August 2021

8/24/2021

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

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

5/30/2021

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.

Issuance of the U.S. Passports is Temporary on Hold Because of COVID-19

5/21/2020

The U.S. State Department temporary stopped issuing passports to the U.S. citizens due to the COVID-19 pandemic, with narrow exceptions for people who have a “qualified life-or-death emergency.”

In a statement published March 27, 2020, the State Department advised Americans to avoid all international travel due to the spread of COVID-19, unless someone is experiencing an emergency and needs to travel within 72 hours.

Situations that qualify as “life-or-death emergencies” include serious illnesses, injuries or deaths among members of a person’s immediate family that requires travel outside of the U.S., according to the statement.

Briefly in Russian:

Выдача американских паспортов приостановлена из-за коронавируса. Только в исключительных обстоятельствах паспорт может быть выдан.

Official U.S. Dept of State Passport Office site: posted more details here.

Affidavit of Support New Rule

3/3/2020

New Public Charge rules are in effect since February 24, 2020.
New federal poverty guidelines are in effect since March 1, 2020. https://www.uscis.gov/i-864p

Public charge does not apply to all immigrants. Every family is different, and the programs that help your
family might not be part of new changes to the policy.

WHAT IS CONSIDERED PUBLIC CHARGE:

- Supplemental Nutrition Assistance Program (SNAP, “EBT” or “Food Stamps”)
- Federal Public Housing and Section 8 assistance
- Medicaid (except for emergency services, children under 21 years, pregnant
women, and new mothers)
- Cash assistance programs (like SSI, TANF, General Assistance)

Most people who are subject to the new rule are not eligible for the above listed benefits.
Services that are not listed above will not be counted in the public charge test. This includes
WIC, CHIP, school lunches, food banks, shelters, state or local health care programs, and
many more.

The immigration officer will consider the immigrant's:

health
age
education and skills
family support and sponsor
use of some kinds of public benefits

The officer weighs all these factors. The officer decides if the person is "likely to become a Public Charge." They consider positive factors, like a job or skills. They consider negative factors, like low income or health problems. They can deny the application if they think the person will depend too much on public benefits in the future.

Who is Affected by the Public Charge Rule

The Public Charge rule mostly affects people who are:

applying for a Green card (Permanent Residence) with a family-based petition.
Permanent Residents who traveled outside the U.S. for more than six months.

A slightly different rule applies to some "nonimmigrants" applying to change or extend their status. Example: student visas.

New Public Charge Rule doesn't apply to:

U.S. citizens
Permanent Residents (Green card holders) applying for citizenship or card renewals
Refugees: people applying for refugee status, or for a Green card as a refugee
Asylum: people applying for asylum, or for a Green card as an Asylee
TPS: people applying for initial or re-registration of Temporary Protected Status
DACA: people applying to renew Deferred Action for Childhood Arrivals
SIJS: people applying for Special Immigrant Juvenile Status or applying for a Green card thru SIJS
U Visa: people applying for a U visa or U visa holders applying for a Green card
T Visa: people applying for a T visa; and T visa holders applying for a Green card
VAWA: people applying for Violence Against Women Act (VAWA), and people with VAWA who are applying for a Green card
People applying for withholding of removal or Convention Against Torture benefits
Cubans applying under the Cuban Adjustment Act
Amerasians who are applying for admission
SIV: Afghan and Iraqi interpreters and translators who are applying for special immigrant visas
Registry: People applying for registry (lived in the U.S. since before January 1, 1972)
NACARA: People applying for Nicaraguan Adjustment and Central American Relief Act benefits
HRIFA: People applying for Haitian Relief and Immigrant Fairness Act (HRIFA) benefits
Lautenberg parolees
Certain other "humanitarian" immigrants

You can find many great resources below:

Supreme Court opinion issued February 21, 2020 is here.
DS-5540, DOS Public Charge Questionnaire is here.
Updated DOS Foreign Affairs Manual section on public charge is here.
USCIS revised forms and updated policy guidance is here.
USCIS policy alert is here.
USCIS announcement is here.
Immigrant Legal Resource Center, Public Charge Toolkit, including a “Totality of the Circumstances Worksheet” with ideas for positive evidence, is here.
National Immigration Law Center, Protecting Immigrant Families page is here; summary of developments is here.
Additional resources are here.

FB2A applicants may use the Final Action chart in July 2019: concurrent filing of the I-130 and I-485 permitted in July for some FB2A beneficiaries already in USA in lawful status

6/30/2019

On June 26, 2019, USCIS had finally published the final guidance: they will accept concurrent filing for adjustment of status in the F2A preference category in July 2019.
Next Month’s Adjustment of Status Filing Charts
For Family-Sponsored Filings:
In the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” on the Final Action Dates chart. ***This means that applicants in the F2A category may file using the Final Action Dates chart for July 2019.**
For all the other family-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for July 2019.
https://www.uscis.gov/visabulletininfo

The USCIS has updated the Adjustment of Status Filing Charts from the Visa Bulletin webpage to clarify that the family-based, second preference “A” (FB2A) category is “current” under the July 2019 Visa Bulletin.

The July 2019 Visa Bulletin contains an extremely unusual entry in the FB2A category, which is for spouses and children of U.S. permanent residents. This category is designated as being current in the “final action” (FA) chart for all countries of chargeability, but has a cutoff date of March 8, 2019 in the “dates for filing” (DF) chart. This is unprecedented, as the DF date is usually as favorable, or more favorable than the cutoff date in the FA chart.

Earlier this month, the USCIS updated its website to state that, for July 2019, only the DF chart dates may be used for all family-based cases for purposes of filing an application for adjustment of status (form I-485). Now, the USCIS has updated its website to clarify that FB2A applicants may use the FA chart in July. This means that concurrent filing of the I-130 and I-485 will be permitted in July for FB2A beneficiaries who are already in the United States in lawful status.

Briefly in Russian:

В начале июня USCIS объяснил, что в июле 2019 в категории F2A только те заявления на грин карту через adjustment of status будут приниматься, где петиция I-130 была подана до 8 марта 2019.

Затем, 26 июня 2019 USCIS поместил новое объяснение июльского процесса на подачу заявлений на грин карту в категории для супругов и малолетних неженатых детей постоянных жителей США, разрешив использовать final action date для подачи одновременно петиции на воссоединение семьи и на грин карту, если супруг или ребенок находятся в США в легальном и неистекшем статусе. Эта ситуация крайне необычна. Если вы в такой ситуации, стоит проконсультироваться у адвоката перед подачей заявлений в USCIS.

USCIS Office at the U.S. Embassy in Moscow, Russia to Close Down on March 29 2019

2/5/2019

USCIS will permanently close its field office in Moscow, Russia, on March 29, 2019. The last day the office will be open to the public and accepting applications is February 28, 2019.

The USCIS field office in Athens, Greece, will assume jurisdiction over immigration matters in the Russian Federation, Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. The U.S. Embassy in Moscow will assume responsibility for certain limited services previously provided by USCIS to individuals residing in Russia (see table below). The USCIS Refugee Affairs Division will assume primary responsibility for adjudicating refugee cases presented for interview in the region.
Beginning on March 1, 2019, individuals who live in the aforementioned countries must follow these filing instructions:
Service/Form Filing Instructions

Form I-130, Petition for Alien Relative, Petition for Alien Relative
File your petition by mail with the USCIS lockbox facility in Chicago. You can find additional filing information on the Form I-130 Web page.
USCIS may authorize the Department of State to accept a petition filed with a U.S. embassy in some limited circumstances (PDF, 61 KB).

Form I-131A, Application for Travel Document (Carrier Documentation)If you are a lawful permanent resident (LPR) who has lost your LPR card and/or re-entry permit and you need travel documentation to return to the U.S., you can file your Form I-131A with any U.S. embassy consular section or USCIS international field office.

Form I-407, Record of Abandonment of Lawful Permanent Resident StatusForm I-407 may be submitted by mail to the nearest USCIS international field office.
In rare circumstances, a U.S. embassy or U.S. consulate without a USCIS international field office may allow you to submit a Form I-407 in person if you need immediate proof that you have abandoned your lawful permanent resident status.

Form I-730, Refugee/Asylee Relative PetitionYou must file your petition with the Nebraska or Texas Service Center, depending on where you live in the United States.
For beneficiary interviews/processing, contact the U.S. embassy consular section in the country where the beneficiary resides.

Form N-400, Application for NaturalizationIf you are a member of the U.S. military and are stationed overseas, please see the Form N-400, Application for Naturalization page or call 800-375-5283 for the most current filing instructions. USCIS will forward the application to the appropriate international field office for processing. For qualified children of active-duty service members stationed abroad, the proper form to file is the N-600K, Application for Citizenship and Issuance of Certificate Under Section 322
General information about the U.S. Embassy Moscow is available on the embassy website.

You may also contact the embassy by calling 011-7 (495) 728-5000 or by mailing:
U.S. Embassy Moscow
Bolshoy Deviatinksy Pereulok No. 8
Moscow 121099
Russian Federation
For more information on the services USCIS provides in the region, please contact the USCIS field office in Athens, Greece.

Briefly in Russian:
29 марта 2019 закрывается офис USCIS при посольстве США в Москве России. Принятие заявлений продолжается включительно до 28 февраля 2019. После этого все заявления от граждан России, Беларуси, Армении, Латвии, Литвы, Молдовы, Узбекистана и т.п., которые раньше рассматривались в офисе USCIS в Москве, будут рассматриваться в офисе USCIS в Афинах в Греции.
Это не касается обычной процедуры выдачи иммиграционных и неиммиграционных виз, а только юрисдикции USCIS.

Rights and Protections for Foreign-Citizen Fiancés and Spouses of U.S. Citizens and Spouses of Lawful Permanent Residents

1/17/2019

This information and the pamphlet below inform applicants applying for K-1 visas as fiancé(e)s of U.S. citizens, K-3 visas as spouses of U.S. citizens, IR-1/CR-1 immigrant visas as spouses of U.S. citizens, and F2A immigrant visas as spouses of lawful permanent residents (LPRs) of their legal rights relating to domestic violence, sexual assault, and child abuse.

In addition, K-1 and K-3 visa applicants are provided with any existing criminal background information on their U.S. citizen fiancé(e)s or spouses that the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), received from other government agencies during processing of I-129F petitions filed for them.

The U.S. Government created the pamphlet below based on a U.S. law, the International Marriage Broker Regulation Act of 2005 (Title D of Public Law 109-162), which reaffirms and strengthens the U.S. Government’s commitment to fight domestic violence and abuse in all forms.
Learn and Know - Your Rights, Protections, and Resources
For Visa Applicants in the marriage-based categories: K-1, K-3, IR-1/CR-1, and F2A categories: Before your visa interview at the U.S. embassy or consulate abroad, it is important that you carefully read the pamphlet below. In doing so, you will learn about your rights and protections, as well as resources available to you, if help is needed when you come to the United States. During your visa interview, the consular officer will summarize the information in the pamphlet. After reading the pamphlet, keep it handy for quick reference later, as needed.
Note: In preparing for your visa interview, you will also need to make sure you have all required documentation ready including your completed visa application. For more information about these visa categories, check the K-1 Fiancé(e), K-3 Spouse of a U.S. Citizen, IR-1/CR-1 Spouse of a U.S. Citizen, or F category Family-Based Immigrants webpages on this website. For detailed application instructions, check the website of the U.S. embassy or consulate where you will apply for your visa.
Pamphlet in English: 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 (All versions are in .pdf format)

English (PDF - 52.3 KB)

Additional Languages: Pamphlet Translations

Arabic (PDF - 137 KB)
Chinese (PDF - 212 KB)
Español (PDF - 105 KB)
Farsi/Dari (PDF - 257 KB)
French (PDF - 159 KB)
German (PDF - 205 KB)
Hindi (PDF - 548 KB)
Japanese (PDF - 239 KB)
Korean (PDF - 260 KB)
Polish (PDF - 165 KB)
Portuguese (PDF - 105 KB)
Romanian (PDF - 183 KB)
Russian (PDF - 176 KB)
Tagalog (PDF - 120 KB)
Thai (PDF - 151 KB)
Ukrainian (PDF - 169 KB)
Uzbek (PDF - 227 KB)
Vietnamese (PDF - 182 KB)

Trafficking Information – Department of State

Revised USCIS Guidance on Unlawful Presence for F-1 Students and J-1 Exchange Visitors

8/10/2018

U.S. Citizenship and Immigration Services (USCIS) has published a revised final policy memorandum related to unlawful presence. Under the revised final policy memorandum, effective August 9, 2018, F and M nonimmigrants who fall out of status and timely file for reinstatement of that status will have their accrual of unlawful presence suspended while their application is pending.

On May 10, 2018, USCIS posted a policy memorandum changing the way the agency calculates unlawful presence for those who were in student (F nonimmigrant), exchange visitor (J nonimmigrant), or vocational student (M nonimmigrant) status.

The revised final memorandum published on August 9, 2018 supersedes May 10th memorandum and describes the rules for counting unlawful presence for F and M nonimmigrants with timely-filed or approved reinstatement applications, as well as for J nonimmigrants who were reinstated by the Department of State.

For purposes of counting unlawful presence, a timely reinstatement application for F or M status is one where the student has not been out of status for more than five months at the time of filing. Under the revised final policy memorandum, the accrual of unlawful presence is suspended when the F or M nonimmigrant files a reinstatement application within the five month window and while the application is pending with USCIS.

If the reinstatement application is denied, the accrual of unlawful presence resumes on the day after the denial.

Accrual of unlawful presence could result in later inadmissibility under section INA 212(a)(9).

Whether or not the application for reinstatement is timely-filed, an F, J, or M nonimmigrant whose application for reinstatement is ultimately approved will generally not accrue unlawful presence while out of status.

The Department of State administers the J-1 exchange visitor program, to include reinstatement requests. If the Department of State approves the reinstatement application of a J nonimmigrant, the individual will generally not accrue unlawful presence from the time the J nonimmigrant fell out of status from the time he or she was reinstated.

Memorandum is here.

Travel Ban Guidance From the Dept of State Following Dec 4 2017 US Supreme Court Ruling

12/8/2017

On December 4, 2017, the U.S. Supreme Court granted the government’s motions for emergency stays of preliminary injunctions issued by U.S. District Courts in the Districts of Hawaii and Maryland. The preliminary injunctions had prohibited the government from fully enforcing or implementing the entry restrictions of Presidential Proclamation 9645 (P.P.) titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats” to nationals of six countries: Chad, Iran, Libya, Syria, Yemen, and Somalia. Per the Supreme Court’s orders, those restrictions will be implemented fully, in accordance with the Presidential Proclamation, around the world, beginning December 8 at open of business, local time.

The District Court injunctions did not affect implementation of entry restrictions against nationals from North Korea and Venezuela. Those individuals remain subject to the restrictions and limitations listed in the Presidential Proclamation, which went into effect at 12:01 a.m. eastern time on Wednesday, October 18, 2017, with respect to nationals of those countries.

US Dept of State: travel ban CHART.

.".. We will not cancel previously scheduled visa application appointments. In accordance with the Presidential Proclamation, for nationals of the eight designated countries, a consular officer will make a determination whether an applicant otherwise eligible for a visa is exempt from the Proclamation or, if not, may be eligible for a waiver under the Proclamation and therefore issued a visa.

No visas will be revoked pursuant to the Proclamation. Individuals subject to the Proclamation who possess a valid visa or valid travel document generally will be permitted to travel to the United States, irrespective of when the visa was issued".

Questions and Answers:

Q: I am currently working on my case with NVC. Can I continue?Yes. You should continue to pay fees, complete your Form DS-260 immigrant visa applications, and submit your financial and civil supporting documents to NVC. NVC will continue reviewing cases and scheduling visa interviews overseas. During the interview, a consular officer will carefully review the case to determine whether the applicant is affected by the Proclamation and, if so, whether the case qualifies for an exception or may qualify for a waiver.

Q: What immigrant visa classes are subject to the Proclamation?
All immigrant visa classifications for nationals of Chad, Iran, Libya, North Korea, Syria, Yemen, and Somalia are subject to the Proclamation and restricted. All immigrant visa classifications for nationals of Venezuela are unrestricted. An individual who wishes to apply for an immigrant visa should apply for a visa and disclose during the visa interview any information that might demonstrate that he or she is eligible for an exception or waiver per the Proclamation. A consular officer will carefully review each case to determine whether the applicant is affected by the Proclamation and, if so, whether the case qualifies for an exception or a waiver.

Q: Are there special rules for permanent residents of Canada?
Waivers may not be granted categorically to any group of nationals of the eight countries who are subject to visa restrictions pursuant to the Proclamation, but waivers may be appropriate in individual circumstances, on a case-by-case basis. The Proclamation lists several circumstances in which case-by-case waivers may be appropriate. That list includes foreign nationals who are Canadian permanent residents who apply for visas at a U.S. consular section in Canada. Canadian permanent residents should bring proof of their status to a consular officer.
A consular officer will carefully review each case to determine whether the applicant is affected by the Proclamation during each phase of the implementation and, if so, whether the applicant qualifies for an exception or a waiver.

Q: I received my Diversity Visa (visa through the annual Green Card Lottery) but I haven’t yet entered the United States. Can I still travel there using my Diversity Visa?
The Proclamation provides specifically that no visas issued before the effective date of the Proclamation will be revoked pursuant to the Proclamation, and it does not apply to nationals of affected countries who have valid visas on the date it becomes effective.

Q: I recently had my Diversity Visa interview at a U.S. embassy or consulate overseas, but my case is still being considered. What will happen now?
If your visa application was refused under Section 221(g) pending updated supporting documents or administrative processing, please provide the requested information. The U.S. embassy or consulate where you were interviewed will contact you with more information.

Q: Will my case move to the back of the line for an appointment?
No. KCC schedules appointments by Lottery Rank Number. When KCC is able to schedule your visa interview, you will receive an appointment before cases with higher Lottery Rank Numbers.

Q: I am currently working on my case with KCC. Can I continue?
Yes. You should continue to complete your Form DS-260 immigrant visa application. KCC will continue reviewing cases and can qualify your case for an appointment. You will be notified about the scheduling of a visa interview.

Q: What if my spouse or child is a national of one of the countries listed, but I am not?
KCC will continue to schedule new DV interview appointments for nationals of the affected countries. A national of any of those countries applying as a principal or derivative DV applicant should disclose during the visa interview any information that might qualify the individual for a waiver/exception. Note that DV 2018 visas, including derivative visas, can only be issued during the program year, which ends September 30, 2018, and only if visa numbers remain available. There is no guarantee a visa will be available in the future for your derivative spouse or child.

Q: What if I am a dual national or permanent resident of Canada?
This Proclamation does not restrict the travel of dual nationals, so long as they are traveling on the passport of a non-designated country. You may apply for a DV using the passport of a non-designated country even if you selected the nationality of a designated country when you entered the lottery. Also, permanent residents of Canada applying for DVs in Montreal may be eligible for a waiver per the Proclamation, but will be considered on a case-by-case basis. If you believe one of these exceptions, or a waiver included in the Proclamation, applies to you and your otherwise current DV case has not been scheduled for interview, contact the U.S. embassy or consulate where your interview will take place/KCC at [email protected].

Effect of DUI, DWI and other alcohol related crimes, arrests, convictions on admissibility to USA

10/26/2017

Alcohol-related crimes, charges, convictions are a health-related ground of inadmissibility to the United States.

USCIS, DHS, ICE, Department of State and other immigration authorities are now following the new policy regarding the individuals who have alcohol-related charges, arrests or offenses. Immigrants should keep in mind the consequences of having even one alcohol related criminal charge or offense, which means that USCIS possibly can find them ineligible for an extension of status, change of status, adjustment of status request.

In some cases (not always) it could be possible to leave the U.S.A. and apply for a visa at the U.S. Consulate abroad. However, U.S. Consulates abroad can require applicants to be evaluated by a designated panel physician who will evaluate whether the visa applicant has a physical or mental disorder associated with alcohol use that may pose a threat to the property, safety or welfare of others in the United States.

It should be noted that the U.S. Consulates are now often revoking already issued and valid visas of affected foreign nationals when they receive a law enforcement report of a DUI-related arrest or conviction regardless of whether individuals are in the United States or abroad at the time. A person can receive a phone call or email asking him or her to come to the U.S. Consulate with a passport (no explanations given), so a visa can be physically revoked (cancelled). Most people are unaware that their visas are revoked until they try to return to the United States after travel abroad. Some people with alcohol-related charges receive letters from the U.S. Department of State notifying them of their visa revocation.

Because these negative consequences are result of the health-related ground of inadmissibility, it means that no conviction is necessary (arrest and charged are enough).

Until recently, the only affected groups of people were the visa holders with a single alcohol-related arrest or conviction within the last five years, or two or more alcohol-related arrests or convictions.

Under the current policy, it only takes a single alcohol-related charge to trigger action by U.S. authorities. USCIS is now identifying alcohol-related offenses and denying requests for an extension of status in any visa classification.

Until recently and before this policy change, U.S. Consulates only referred visa holders to a panel physician for evaluation when a new visa application was made. Now, U.S. Consulates are responding to law enforcement reports proactively by revoking the already approved and issued visas of anyone who has an alcohol-related charge even in situations where an individual hasn’t made a new visa application.

If USCIS denied an application for extension or change of status, the applicant will have to leave the country and apply for a visa at a U.S. consulate abroad, in his home country. “Every nonimmigrant alien who applies for admission to, or an extension of stay in, the United States must establish that he or she is admissible to the United States, or that any ground of inadmissibility has been waived.” In other words, it is an applicant's burden to prove that he/she is not inadmissible.

An alcohol-related charge is a health ground of inadmissibility, which means that a conviction is not required and charges alone can trigger inadmissibility. Visa holders affected by this rule are not removable (not deportable on this ground) from the United States.

If a visa is denied, can a visa applicant file an appeal of denial of a Visa Application at the U.S. Consulate abroad? No, you can't appeal a visa denial. There is no appeal process to challenge a consular officer’s decision to deny a visa application. The doctrine of "nonreviewability of consular decisions" was affirmed by the U.S. Supreme Court in 2015 in the case Kerry v. Din .

Another important moment to keep in mind is that neither the visa applicant nor the attorney can review the panel physician’s medical report.

What else can be done? People can ask for an Advisory Opinion from the Department of State’s Visa Office. Also, visa applicants can dispute the findings of the panel physician by asking the consular officer to request an Advisory Opinion from the U.S. Centers for Disease Control and Prevention (CDC), which the consular officer can refuse to do without recourse. Both of these options take a lot of time. As a result, most of the nonimmigrant visa applicants have to obtain a nonimmigrant waiver of inadmissibility through the DHS, which could take six months or longer to process, and during this time the visa applicant has to wait abroad. Approval of any immigrant or nonimmigrant visa waiver is not guaranteed.

During October 19, 2017 meeting, AILA asked the US Department of State Liaison Committee and the Visa Office the following question:

"AILA has received reports of visa holders whose visas were prudentially revoked for DUI arrests while they are in the United States being charged by ICE as removable under INA §237(a)(1)(B), for being physically present in the United States with a revoked nonimmigrant visa. Based on our previous conversations, it is our understanding that a prudential revocation only becomes effective once the alien departs the United States. Has VO discussed this issue with DHS? If prudential revocations are now leading to the initiation of removal proceedings, would VO be willing to revisit the issue to ensure that the prudential revocation only precludes future travel to the United States?"

DoS answer: "We’ve discussed this with ICE, and there has not been a policy change."

New USCIS waiver policy memorandum (08/23/2017).

Updated USCIS Policy Manual, Chapter 7, Physical or Mental Disorders.

Nonimmigrant waiver application.

Immigrant waiver application.

Do not drink and drive.

DV 2019 Green Card Lottery: Registration Period Will Restart From Oct 18 to Nov 22, 2017

10/16/2017

Due to technical issues, the registration period for DV-2019 is being restarted, and all entries made prior to October 18, 2017, will need to be resubmitted for the entrant to be considered.

The new registration period for DV-2019 opens for electronic entries at 11:00am, Wednesday, October 18, 2017, and closes at 11:00am, Wednesday, November 22, 2017.

If you entered before Wednesday, October 18, 2017, that entry will not be considered, and you will need to submit another entry during the new registration period. You may submit one new entry without being disqualified for submitting multiple entries. Individuals who submit more than one entry during the new registration period will be disqualified.

Applicants can access the electronic DV entry form (E-DV) at the official E-DV website, dvlottery.state.gov, during the registration period. DV instructions also are available on the Department of State’s public webpage at usvisas.state.gov/dv/instructions.

All other eligibility requirements remain the same.
Q: How many DV entries does the Department expect for DV-2019?
In DV-2018, the last year for which numbers are available, we received more than 14 million entries from principal applicants.
Q: How will the Department notify applicants whose entries are not valid?
The Department will send an automated email notification to each Diversity Visa entrant from whom an entry was received before October 18, 2017, using the email address provided on the lottery entry form, directing the entrant to check the website dvlottery.state.gov for an important announcement.

Beginning May 15, 2018, DV-2019 entrants will be able to use their unique confirmation number provided at registration to check the online Entrant Status Check at dvlottery.state.gov to see if their entry was selected. Entrant Status Check will inform successful entrants how to apply for DVs for themselves and their eligible family members. The Department also will confirm visa interview appointments through the Entrant Status Check.

Announcement and FAQs are here.

As of today, the electronic Diversity Visa Lottery website is "under maintenance".

Briefly in Russian:

Из-за технических трудностей с регистрацией страны заявителей, Госдеп США аннулировал все заявки на Лотерею Грин Карт, поданные до 18 октября 2017, и объявил новый период регистрации на Лотерею грин карт на 2019 -- с 18 октября по 22 ноября 2017.

Всем заявителям обещают прислать емейл с инструкциями.

В настоящее время вебсайт Госдепа США, где осуществяется прием заявок, не работает, и откроется только 18 октября.

Это значит, что вам нужно будет подать новую заявку после 18 октября 2017, чтобы получить шанс на участие в лотерее на 2019 год. Удачи!

Fraud and Misrepresentation Inadmissibility Ground Update 90-Day Rule

9/9/2017

On September 1, 2017, the U.S. Department of State (DOS) has published an updated policy guidance on inadmissibility under INA 212(a)(6)(c)(i) (“Misrepresentation”).

9 FAM 302.9 was updated and effective September 1, 2017, new "90-day rule" replaced old "30-60 day rule".

In the new guidance, 9 FAM 302.9, entitled “Inconsistent Conduct Within 90 Days of Entry” Consular Officers are advised:

“…if an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry…you may presume that the applicant's representations about engaging in only status-compliant activity were willful misrepresentations of his or her intention in seeking a visa or entry.

For purposes of applying the 90-day rule, conduct that violates or is otherwise inconsistent with an alien’s nonimmigrant status includes, but is not limited to:

1. Engaging in unauthorized employment;
2. Enrolling in a course of academic study, if such study is not authorized for that nonimmigrant classification (e.g. B status);
3. A nonimmigrant in B or F status, or any other status prohibiting immigrant intent, marrying a United States citizen or lawful permanent resident and taking up residence in the United States; or
4. Undertaking any other activity for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment.”

Effective September 1, 2017, this new 90-day rule applies to the U.S. consulates and embassies abroad.
It's possible that the DHS and USCIS will adopt this more strict interpretation instead of the current 30-60 day rule
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*** 9 FAM 302.9-4(B)(3)  (U) Interpretation of the Term Misrepresentation
g. (U) Activities that Indicate Violation of Status or Conduct Inconsistent with Status
(1)  (U) In General:
(a)  (U) In determining whether a misrepresentation has been made, some of the most difficult questions arise from cases involving aliens in the United States who conduct themselves in a manner inconsistent with representations they made to consular officers concerning their intentions at the time of visa application or to DHS when applying for admission or for an immigration benefit. Such cases occur most frequently with respect to aliens who, after having obtained visas as nonimmigrants and been admitted to the United States, either:
(i)     (U) Apply for adjustment of status to lawful permanent resident; or
(ii)    (U) Fail to maintain their nonimmigrant status (for example, by engaging in unauthorized study or employment).
(b)  (U) Applications for adjustment or change of status in the United States are adjudicated by U.S. Citizenship and Immigration Services (USCIS), other than in those cases where the application is made before an Immigration Judge. If you become aware of derogatory information indicating that an alien in the United States who has a valid visa, may have misrepresented his or her intentions to you at the time of visa application, or to DHS at the port of entry or in a filing for an immigration benefit, you may bring the derogatory information to the attention of the Department for potential revocation. See 9 FAM 403.11-5.  If you become aware of derogatory information indicating that an alien in the United States without a valid visa but who is not a Lawful Permanent Resident may have misrepresented his or her intentions to you at the time of visa application, or to DHS at the port of entry or in a filing for an immigration benefit, then you may enter a P6C1 lookout in CLASS with the appropriate information. See 9 FAM 403.10-3(C)(1).  Do not request an advisory opinion from the Advisory Opinions Division (CA/VO/L/A) in these cases, because it would not be binding on USCIS.
(c)  (U) With respect to the second category referred to above in subparagraph g(1)(a)(ii), nonimmigrant visa holders who fail to maintain their nonimmigrant status, the fact that an alien's subsequent actions are inconsistent with those stated at the time of visa application or admission or in a filing for an immigrant benefit does not necessarily prove that the alien's intentions were misrepresented at the time of application or entry. You should consider carefully the precise circumstances of the change in activities when determining whether the applicant made a knowing and willful misrepresentation.  To conclude there was a misrepresentation, you must have direct or circumstantial evidence sufficient to meet the "reason to believe” standard, which requires more than mere suspicion but less than a preponderance of the evidence.
(2)  (U) Inconsistent Conduct Within 90 Days of Entry:
(a)  (U) However, if an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry, as described in subparagraph (2)(b) below, you may presume that the applicant's representations about engaging in only status-compliant activity were willful misrepresentations of his or her intention in seeking a visa or entry. To make a finding of inadmissibility for misrepresentation based on conduct inconsistent with status within 90 days of entry, you must request an AO from CA/VO/L/A. As with other grounds that do not require a formal AO, the AO may be informal. See 9 FAM 304.3-2.
(b)  (U) For purposes of applying the 90-day rule, conduct that violates or is otherwise inconsistent with an alien’s nonimmigrant status includes, but is not limited to:
(i)     (U) Engaging in unauthorized employment;
(ii      (U) Enrolling in a course of academic study, if such study is not authorized for that nonimmigrant classification (e.g. B status);
(iii)    (U) A nonimmigrant in B or F status, or any other status prohibiting immigrant intent, marrying a United States citizen or lawful permanent resident and taking up residence in the United States; or
(iv)    (U) Undertaking any other activity for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment.
(3) (U) After 90 Days: If an alien violates or engages in conduct inconsistent with his or her nonimmigrant status more than 90 days after entry into the United States, no presumption of willful misrepresentation arises. However, if the facts in the case give you reasonable belief that the alien misrepresented his or her purpose of travel at the time of the visa application or application for admission, you must request an AO from CA/VO/L/A. (See 9 FAM 302.9-4(C)(2)).

9 FAM 302.9-4(B)(3)(g)(2) link is here.
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In Russian:

Если в течение первых 90 дней после вашего въезда в США, вы подадите заявление на смену статуса, выйдите замуж, или совершите другие действия, не совместимые с вашим неиммиграционным статусом -- то Госдеп США, посольства, консульства, пограничные и иммиграционные службы теперь будут рассматривать это как обманное действие (мошенничество), что может повлечь пожизненный запрет на въезд в США.

1 сентября 2017 года Государственный департамент США обновил правило в Кодексе для Консульских Сотрудников, под номером 9 FAM 302.9-4(B)(3). Эта статья описывает “несогласования” между типом визы, полученной неиммигрантом, и его действиями по приезде в США.

Новая статья содержит раздел под названием "Непоследовательное поведение в течение 90 дней после въезда", в котором говорится:

“Если иностранец предпринимает действия, несовместимые с полученным им или ею неиммиграционным статусом, в течение 90 дней после въезда США, стоит понимать, что указанные им данные для получения визы или статуса были умышленно искаженными с намерением получить возможность въехать в США”.
В случае, если иммиграционный офицер "установит, что иностранец, находящийся в Соединенных Штатах по действительной визе, исказил свои намерения в момент подачи заявления на визу, в порту въезда в страну или при подаче заявки об иммиграции", он обязан “предоставить эту информацию Департаменту внутренней безопасности (DHS) для возможного отзыва визы”.
В статье Иммиграционного Кодекса 212 (a) (6) (C) говорится, что любому иностранцу, который путем преднамеренного искажения существенного факта пытался получить визу, другие документы при въезде в США или любые иммиграционные привилегии, может быть пожизненно запрещен въезд в США.
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1. Несогласованное поведение (не соответствует визе или заявлениям сделанным в посольстве)
Поведение, которое нарушает или противоречит неиммиграционному статусу иностранцев, включает в себя:

Трудовая деятельность без соответствующего разрешения;
Регистрация на курсы или другие виды обучения в США, если это не разрешено полученной визой;
Заключение брака с гражданином или постоянным резидентом США и подача заявки на проживание в стране, если въезд в страну осуществлялся по туристической, студенческой или любой другой визе, не предусматривающей дальнейшее получение иммиграционного статуса;
Выполнение любых других видов деятельности, для которых потребуется изменение или корректировка статуса даже в случае, если заявка на эти изменения не была подана.

2. Презумпция умышленного искажения основывается на сроке 90 дней после въезда в США.
Новая статья в FAM устанавливает презумпцию преднамеренного искажения данных при подаче на визу, если деятельность иностранца противоречит полученному статусу в течение 90 дней после въезда в США. В таком случае бремя доказывания невиновности ложится на иностранца, который должен доказать, что его поведение и действия в этот 90-дневный срок были допустимы в соответствии с полученным им неиммиграционным статусом.
Консульские должностные лица должны предоставить иностранцу «возможность опровергнуть презумпцию преднамеренного искажения информации путем представления доказательств для ее опровержения».
3. Что случилось со старым правилом “30-60”, и может ли новое руководство FAM иметь обратное действие?
Обновленное правило по сути дело заменило старое правило "30-60 дней" в отношении изменения неиммиграционного статуса после въезда в США.
Правило 30-60 дней действовало так:

Иностранец, который подал заявку на смену статуса в течение 30 дней после въезда, автоматически сталкивается с презумпцией преднамеренного искажения информации и намерений при подаче заявки на визу. В результате чего лицо могло быть выдворено из страны с пожизненным запретом на въезд в США.
Если заявка на смену статуса подавалась в период от 30 до 60 дней после въезда, презумпция намеренного искажения информации не возникала. Однако, если чиновники имели логические доводы и факты, доказывающие возможное искажение, тогда иностранец должен был представить встречные доказательства.
Если заявка на смену статуса происходила более чем через 60 дней после въезда в США, как правило, должностные лица считали, что оснований для подозрений в преднамеренном искажении информации при въезде нет.

На вебсайте USCIS правило “30-60” пока не было заменено, но это может произойти в ближайшем будущем.

9 FAM 302.9 не упоминает о ретроспективном применении нового руководства, но указывает, что оно вступило в силу с 1 сентября 2017 года.

4. Будьте внимательны, подавая заявку на смену статуса
Новое правило предполагает, что Госдепартамент США проверит иностранцев, которые въехали в США по программе Visa Waiver (она разрешает поездки в США гражданам некоторых стран для туризма или бизнеса на срок до 90 дней без предварительного получения визы), а также тех, кто въехал по визе B-1/B-2, и подали заявки на получение статуса постоянного резидента.

Даже если заявление на смену статуса подается по истечении 90 дней после въезда, от иностранца могут потребовать доказательств того, что произошло конкретное событие, на которое он не рассчитывал и которого не планировал, требующее изменения его иммиграционного статуса.

5. Является ли подача заявки на иммиграционную визу и получение визы (грин карты) через посольство или консульство лучшим вариантом?

Несмотря на то что USCIS пока не ввела новое руководство DOS в действие, и пока не ясно, намерена ли USCIS это делать, становится все более безопасным получение статуса постоянного резидента США через консульские учреждения за рубежом (consular processing), чем подача заявки на изменение статуса, находясь на территории США (adjustment of status).

Всегда лучше проконсультироваться с компетентным иммиграционным адвокатом перед тем, как начинать какой-то иммиграционный процесс, например, по смене статуса, или если вы планируете боак и подать заявление на грин карту, не выезжая из страны.

Если вам нужна помощь или совет, вы можете связаться с нами по электронной почте.