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

QandA: How a Lawful Permanent Resident Can Apply for a Green Card for Their Spouse Abroad?

12/4/2024

Q: I have been a permanent resident since 2023. What is the process for a green card holder to bring their new spouse from India to the USA after obtaining permanent residency?

A: Congratulations on your marriage!

1. File the I-130 petition for your spouse. It can be filed by mail, but it is better to file it online at myUSCIS (http://my.uscis.gov) website.
2. Wait until form I-130 is approved by USCIS.
3. Wait until your Priority date is current. NVC will notify you and create an online account before that.
4. Submit a visa application, form DS-260, online. Save a Confirmation Page (for the interview) and the application itself (for your records).
5. Prepare and submit form I-864, Affidavit of Support. Attach all required documents. Send some of them documents to your spouse.
6. Wait for a visa interview date to be scheduled. The NVC will email you.
7. Your spouse will attend a medical examination after the interview is scheduled.
8. Your spouse will attend an immigrant visa interview at the US embassy or consulate in their home country.
9. If/when a visa is issued, you will pay the final Green Card fee of $235 online to USCIS, and your spouse can travel to the USA. An immigrant visa is usually valid for 6 months or less.
10. Once arrived in the US, she/he becomes a permanent resident. A green card and a social security card will be mailed to your or your attorney’s address within 2–3 months.

P.S. If you obtained your residency (aka green card) through a marriage to a US citizen, you should consult an attorney before starting the process for your new spouse.

If you need legal advice or help, please email or schedule a consultation with an attorney, please email or use our online scheduler at Calendly.com/lubasmal

U.S. Supreme Court Reaffirms That Federal Courts Don't Have Authority to Review Visa Denials

7/12/2024

In a 6-3 ruling in U.S. Department of State et al v. Munoz et al (Case Number 23-334), the Supreme Court of the United States (SCOTUS) reaffirmed the doctrine of consular nonreviewability ruling against a U.S. citizen’s spouse who argued that the federal government violated her due process rights by denying her Salvadoran spouse an immigrant visa based on an approved family-based petition. The doctrine of consular nonreviewability holds that because the INA fails to authorize judicial review of consular decisions denying visas, federal courts do not have the authority to review visa denials.
In Munoz, SCOTUS held that U.S. citizens do not have a constitutional fundamental liberty interest in their non-citizen spouse’s ability to be admitted to United States, moreover, that U.S. citizens are not constitutionally entitled to review of denied visas as they could not raise this issue indirectly in their spouse’s case.
Ms. Munoz, a U.S. citizen, and her non-citizen spouse of over 10 years, Mr. Munoz, were forced to live apart for several years. Mr. Munoz was denied a visa following several interviews and without any explanation other than a broad reference to section 212(a)(3)(A)Iii) of the Immigration and Nationality Act (INA), which makes an individual inadmissible if the consular officer “knows, or has reasonable ground to believe” that the individual seeks to enter the United States to engage in unlawful activity. Ms. Munoz eventually guessed (correctly) that the Consulate believed her husband was a member of MS-13, a transnational criminal gang, due to his tattoo. Mr. Munoz asked the Consulate to reconsider its visa denial, but the Consulate denied this request. The couple then filed a federal lawsuit against the Consulate and the Department of State (DOS), arguing, inter alia, that the government had abridged Ms. Munoz’s constitutional liberty interest in her husband’s visa application by failing to give a sufficient reason he was inadmissible under the cited INA provision. The District Court granted summary judgment in favor of DOS after DOS admitted the denial was in fact based on a consular officer’s determination that Mr. Munoz had religious tattoos that looked like gang logos. Thereafter, the Ninth Circuit Court of Appeals vacated the judgment, which brought the case next to the U.S. Supreme Court.
In its ruling, SCOTUS indicated that the “’the Due Process Clause specially protects’ only ‘those fundamental rights and liberties which are, objectively, deeply rooted in this Nation’s history and tradition.’” While Munoz invoked the fundamental right to marriage, SCOTUS concluded that Ms. Munoz was in fact claiming something different – the right to reside with her non-citizen spouse in the U.S. And that, SCOTUS concluded, is not a right deeply rooted in the nation’s history. Indeed, the country’s history instead recognizes instead the government’s sovereign authority to set the terms of admission and exclusion. SCOTUS also noted that while Congress has made some specific exceptions for spouses, Congress has not made spousal immigration a matter of right.
In its decision, SCOTUS distinguished an earlier case, Kerry v. Din, 576 U.S. 86 (2015) where in a concurring opinion, Justice Anthony Kennedy assumed that a U.S. citizen would have a liberty interest that would be burdened by a spouse’s visa denial and was therefore entitled to more information than a simple citation explaining the denial. In that case, Justice Kennedy was referring to the fact that a U.S. citizen should have some right to question a denial of a spouse’s visa because there could be “bad faith” denial.
Some advocates are concerned that SCOTUS’ opinion in Munoz could lead to unnecessary family separations and subject U.S. citizen spouses to arbitrary decisions by consular officers, denying them the opportunity to build their lives together with their spouses in the U.S. Moreover, this decision casts fear and uncertainty on non-citizen spouses who have an approved family-based petition who must leave the country temporarily to process their immigrant visas abroad – not knowing whether a consular officer may erroneously deny their visa. Ultimately, SCOTUS’ decision may force U.S. citizen spouses to leave the U.S. so they can live with their spouses abroad – without having had the ability to challenge a potentially erroneous visa denial by a consular officer.

https://www.supremecourt.gov/docket/docketfiles/html/public/23-334.html

https://supreme.justia.com/cases/federal/us/602/23-334/

What to do if the US Embassy placed you into Administrative Processing?

8/17/2023

On June 8, 2023, the U.S. Department of State announced that it had adopted new technology to reduce the time for Administrative Processing. Currently, Administrative Processing lacks any predictability and transparency, and many U.S. visa applications wait for the decision for many weeks, months or years.
Many Administrative Processing visa cases are still taking a very long time. This is particularly true for Russian, Chinese, and Iranian applicants, including individuals who held visas in the past, are currently living in the United States, or have U.S. citizen family members.

As the DOS stated: "National security is our top priority. Before issuing any visa, we ensure that every prospective traveler is subject to extensive security screening. Now, we can do this in a much more streamlined manner."

Applicants living in the United States needing a visa to return should seek advice on the risk of a lengthy delay before leaving the country. In some instances, deferring travel may be advisable.

If a visa applicant is told that they will be placed into Administrative Processing, they should take the following steps:

Ask the interviewing officer why the application is going into Administrative Processing, what are the reasons;
Ask how long the officer believes it will take for the application to clear Administrative Processing, what is an estimate;
Make notes immediately after the interview of all of the questions asked by the consular officer, write it down;
Preserve any paperwork given to you after the interview, keep the copies of all paperwork;
Seek professional legal advice BEFORE (not after) submitting responses to any questionnaires or requests for additional evidence.

To schedule a consultation with an attorney, please email or use our scheduling app.

New Belarus Police Certificate for the USA Embassy

5/9/2023

All immigrant visa applicants aged 16 years or older must submit a police certificate from their current country of residence and/or nationality if they have lived there for six months or more. Police certificates are also required from all other countries where the applicant has resided for at least one year (except the U.S.).

Fiance visa applicants, in addition to supplying a police certificate from the present place of residence, must also present police certificates from any place or places of residence for 6 months or more since attaining the age of 16.

A police certificate must also be obtained from the police authorities of any place where the applicant has been arrested for any reason, regardless of how long he or she lived there. Police certificates must cover the entire period of the applicant’s residence in any area. A certificate issued by the police authorities where you now reside must be of recent date when presented to the consular officer. Currently, certificates are valid for 24 months (2 years) from the date of issuance.

Police certificates from certain countries are considered unobtainable. To determine which countries’ certificates are unobtainable, please check the State Department’s pages on Visa Reciprocity. If specific questions arise regarding police certificates, please consult our Immigrant Visa Unit.

NEW

Police Certificate from Belarus
The procedure for providing information about offenses to individuals by submitting electronically an application
Request submission at: https://mvd.gov.by/ru/page/informacionnyj-centr/poryadok-predostavleniya-svedenij-o-pravonarusheniyah-fizicheskim-licam-posredstvom-elektronnoj-podachi-zayavleniya .
The procedure for providing information about offenses to individuals is held in accordance with the Decree of the Council of Ministers of the Republic of Belarus dated July 20, 2006 No. 909 “On Approval of the Regulations on the Procedure for the Functioning of the Unified State System for Registration and Accounting of Offenses”.
By submitting an application, an individual can request information about offenses in the form оf an extract from the Unified State Database on Offenses (hereinafter referred to as the UGBDP) only in relation to himself after registering in the personal account and paying for the service through the ERIP system (mobile Internet banking, postal office and banks).
If the information is incorrectly indicated in the application, the applicant is notified about the refusal of providing the requested information about the offenses.
The extract will contain information about the personal data of the individual specified while filling in the application, as well as the amount of information requested and information on the presence (absence) of information requested in relation to him about offenses committed on the territory of the Republic of Belarus:
– the presence (absence) of criminal record;
– the presence of criminal prosecution carried out against an individual;
– bringing to administrative responsibility, if, in accordance with Articles 4.9 and 9.6 of the Code of the Republic of Belarus on Administrative Offenses, a person is considered to have been subjected to an administrative penalty;
– or the absence of the information requested by the applicant is confirmed in the EGBDP.
Upon the request of the applicant, information may be indicated regardless of the cancellation (removal) of a criminal record, termination of criminal prosecution, expiration of the period provided for in Articles 4.9 and 9.6 of the Code of the Republic of Belarus on Administrative Offenses, about which appropriate marks are made in the application.
If an extract is needed to obtain a US visa, the application must contain the marks “on the presence (absence) of a criminal record, prosecution” and “including information, regardless of the cancellation (removal) of a criminal record, termination of criminal prosecution.”
Court and Prison Records
Persons who have been convicted of a crime must obtain a certified copy of each court record and any prison record, regardless of the fact that he or she may have subsequently benefited from an amnesty, pardon or other act of clemency.
Court records should include complete information regarding the circumstance surrounding the crime of which the applicant was convicted, and the disposition of the case, including sentence or other penalty or fine imposed. All court records, including Polish court records, should be translated into English.

Briefly in Russian:

Новая справка из милиции из Беларуси

С 20 января 2023 требуется справка об отсутствии судимостей из Беларуси нового образца. Немного изменились формулировки в тексте справки.

Важно получить справку в которой указано, что это ВСЕ СВЕДЕНИЯ О ПРЕСТУПЛЕНИЯХ.
В справке должно быть написано, что
СУДИМОСТЕЙ НЕ ИМЕЕТ.
СВЕДЕНИЙ О ПРЕСТУПЛЕНИЯХ НЕ СОДЕРЖИТСЯ.

Это включает в себя и те, которые были погашены.

Помните, что нужно указать все имена и фамилии, которыми вы пользовались (девичья фамилия, фамилии по предыдущим бракам и т.п).

Справка может быть заказана лично или онлайн. Обновленная информмация о получении справки из Беоаруси по линку тут.

Denials of Green Card and Citizenship N-400 for Using Marijuana or Work Related to Marijuana

8/8/2022

Using marijuana for any reason, even without a conviction, can result in denial of your green card application, either through adjustment of status in the United States (I-485) or through consular processing abroad.

Using marijuana can result in being considered inadmissible - could be under both health related and criminal related grounds

In recent years, USCIS denied applications for naturalization or citizenship (N-400) to applicants who were using marijuana or even worked in marijuana-related industry, for example, in the states where marijuana was legalized. Currently, work related to marijuana is interpreted by USCIS very broadly, to include anything from growing, distribution to providing IT services.

Colorado officials are warning legal immigrants that working in the state’s marijuana industry could jeopardize their legal status, after two people said they were denied U.S. citizenship because of their jobs.

Although 10 states broadly allow its use and sale, federal law still bans marijuana and immigration authorities say they are bound to follow that prohibition when reviewing citizenship applications.

The use and sale of marijuana for adults is broadly permitted in 10 states. More than 30 states allow a variety of marijuana-based products for medical purposes.

Lawyers have warned immigrants of the risk that using state-permitted marijuana could do to their legal status for years and are expanding that message to include employment by marijuana businesses.

Please note that in 2019 USCIS issued a bulletin (pdf) clarifying that marijuana use is a disqualifying factor in citizenship applications, regardless of whether it’s legal in your state.

Policy Highlights  Clarifies that violation of federal controlled substance law, including for marijuana, established by a conviction or admission, is generally a bar to establishing GMC for naturalization even where the conduct would not be a violation of state law.  An applicant who is involved in certain marijuana related activities may lack GMC if found to have violated federal law, even if such activity is not unlawful under applicable state or foreign laws. Citation Volume 12: Citizenship and Naturalization, Part F, Good Moral Character, Chapter 5, Conditional Bars for Acts in Statutory Period [12 USCIS-PM F.5]

Read here.

To schedule a consultation with immigration attorney, please email.

Briefly in Russian:

Проблемы с получением грин карты и гражданства США при употреблении марихуаны, даже в штатах где она легализована. А также для тех, кто работает в сфере марихуаны, даже в тех штатах где это легально, и даже в тех случаях, когда работа не включает в себя разведение и распространение марихуаны. Перед подачей любого иммиграционного заявления, проконсультируйтесь с адвокатом.

Effective July 2022, Ukraine Immigrant Visa Applicants Can Have Medical Examination in Lviv, Ukraine

8/5/2022

Недавно что поменялись правила проведения медосмотра для иммиграционных виз для украинцев. Украинцы обращающиеся за иммиграционными визами, визами невесты, и грин картами через лотерею - теперь смогут пройти медосмотр во Львове на территории Украины. Это будет намного легче и быстрее!

МЕДИЦИНСКИЙ ОСМОТР В КИЕВЕ, УКРАИНА

Больница Шептицкого, ул. Озаркевича, 4, Львов, Украина
http://spital.org.ua/
Tel (044) 584 36 67 (044) 584 36 68 050 028 62 58 (Viber)
Email: [email protected]

Линк к посольству США в Варшаве.с этими новостями:

https://pl.usembassy.gov/visas/immigrant-visas/medical-examination/

По линку по русски информация про медосмотр

https://pl.usembassy.gov/wp-content/uploads/sites/23/IV-F11-RUS-medical-exam-info-Jul-2022.pdf

Важная информация о требованиях вакцинации от COVID-19 для детей!
Согласно требованиям Центра по контролю и профилактике заболеваний, с 25 июля 2022 года все дети в возрасте 6 месяцев и старше должны быть полностью вакцинированы против COVID-19. Полный цикл состоит из 3 доз вакцины Pfizer или 2 доз вакцины Moderna. Полная вакцинация ребенка от COVID-19 может занять не менее 12 недель.
Жителям России и Белоруссии рекомендуем проходить медицинское обследование в Москве или Минске. As of September 8, 2021, applicants who are processing their immigrant visa case in Warsaw may visit a panel physician in Moscow for the required medical examination.
As of July 2022 visa applicants from Ukraine may now undergo medical examination at the Sheptytskyy Hospital in Lviv.

Briefly in English:

Recently, the US embassy in Warsaw, Poland designated a medical clinic in Lviv, Ukraine to administer medical exams (form I-693) required for Ukrainians applying for immigrant visas and fiancee visas.

Embassy posted updated information here.

It should speed up significantly process of preparing for an immigrant visa interview.

Extreme Hardship Waiver Form I-601 Update

7/29/2022

Today, USCIS published a new edition of the form I-601, Application for Waiver of Grounds of Inadmissibility, dated 04/07/22.

Starting Sept. 30, 2022, USCIS will only accept the 04/07/22 edition. Until then, you can also use the 07/20/21 edition.

This form is to be used when a person was rendered inadmissible to the United States, and is applying for:
- an immigrant visa at the US embassy abroad;
- K-1 fiancée visa at the US embassy abroad;
- green card through adjustment of status in the USA;
- adjustment of status as T visa/status or Special Immigrant Juvenile;
- TPS Temporary Protected Status, for example, for Ukraine, Venezuela, Somalia, or any other of TPS-eligible countries.

The situations where it might be required are the 10-year or 3-year ban on admission, misrepresentation of fraud, vaccination waiver, prostitution, health, criminal, etc.

The filing fee remains the same: US$930.00.

This is considered to be one of the most difficult applications because it requires a lot of evidence, specifically, showing of extreme hardship to a qualifying relative in the United States if the status/visa is not granted.

To schedule a consultation with immigration attorney, please email and we will forward to you our confidential questionnaire.

Briefly in Russian:

Начиная с 22 сентября 2022 USCIS будет принимать только новое издание форма I-601, заявление на вейвер, которое требуется, если человека признали невъездным для получения иммиграционной визы, грин карты через adjustment of status, для статуса ТПС (например, для украинцев) и получения грин карты через визу Т (жертвы траффикинга) и другие категории.

Это одно из самых сложных заявлений, т.к. положительное решение не гарантировано и решение по усмотрению офицера иммиграционной службы. Доказательства требуют показать необычно сильные сложности hardship для американского родственника из определенной категории родных.

Госпошлина остается таже, а именно US$930.

Для консультации с адвокатом, свяжитесь с нами по адресу.

Ukraine Update: Refugees, Asylum, US Embassy in Kiev

2/25/2022

UKRAINE Update: 02/25/2022

Новости из Белого Дома. Пресс секретарь объявил, что США готовы принять беженцев (refugees) с Украины.

Вначале им нужно покинуть страну и стать беженцами - например, уехать с Украины в Европу, и затем подавать на статус беженца.

Если украинцы находятся на территории США, то они могут подавать на политическое убежище (political asylum), статус asylee.

On February 24, 2022, Russia invaded Ukraine, it's estimated that up to 5 million Ukrainians may flee their country. White House Press Secretary Jen Psaki told reporters the United States is ready to accept some of those refugees.

Since the invasion began early Thursday, Ukrainians fleeing the fighting have entered Poland, Romania, and Moldova, and there are centers set up at the borders to provide assistance.

In December 2021, Ukraine's defense minister estimated that between 3 and 5 million Ukrainians might be forced to leave their homes if Russia invaded. In comparison, about 1 million refugees entered Europe between 2015 and 2016 from Syria, Iraq, and Afghanistan, and nearly 1.5 million people were displaced in 2014 when Russia invaded Crimea.

Read here.

https://news.yahoo.com/white-house-u-prepared-accept-030505583.html?fr=sycsrp_catchall

UKRAINE UPDATE: 02/24/2022

UKRAINE UPDATE:

The US embassy in Kyiv, Ukraine evacuated and all consular services were suspended.

If you have a immigrant visa case assigned to Ukraine, consult your attorney to decide what to do, and if your case can be transferred to another US embassy in another country.

In Russian: с 12 февраля 2022 все консульские сервисы и выдача виз (даже без интервью, как вейвер) были приостановлены в посольстве США в Киеве в Украине. Более того, посольство было эвакуировано. По последним данным многие сотрудники выехали в Польшу после Львова.
Если у вас есть дело на иммиграционную визу (грин карту) по воссоединению семьи в посольстве в Киеве, обсудите с вашим адвокатом ваши шаги по переводу дела в доугое посольство США в другой стране, возможно ли это, что для этого нужно сделать.
В настоящее время невозможно предсказать когда ситуация вернется в норму.
Желаем вам мира!

Official announcement is here.

On February 12, 2022, the Department of State ordered the departure of most U.S. direct hire employees from Embassy Kyiv due to the continued threat of Russian military action. The Department previously authorized the voluntary departure of U.S. direct hire employees and ordered the departure of eligible family members on January 23, 2022.
On Sunday, February 13, 2022, the Department of State suspended consular services to include interview waiver services at the U.S. Embassy in Kyiv. Applicants for U.S. nonimmigrant visas may apply in any country in which they are physically present and where there are appointments available. As each U.S. Embassy has specific application procedures, you should contact the U.S. Embassy or Consulate where you wish to apply directly. Contact information for U.S. Embassies and Consulates is available at www.travel.state.gov.
If you have an immigrant visa case currently pending with U.S. Embassy Kyiv and would like to transfer processing of an immigration case to another U.S. Embassy, you must contact the receiving U.S Embassy in that country to authorize and initiate transfer. The Embassy will have a list of requirements which must be satisfied in order to begin the transfer process.

https://ua.usembassy.gov/visas/

Russian Citizens Designated Homeless Nationals and Immigrant Visas to be Processed in Poland

10/21/2021

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 Green Card Lottery Period: October 6 2021 to November 9 2021

10/1/2021

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]

COVID-19 Vaccine Required for Immigrants Effective October 1, 2021

9/3/2021

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.

Green Card Holder Husband's I-130 Petition for Wife and Step-Daughter under 21

5/24/2020

Question/Вопрос:

Здравствуйте! Мой муж иммигрировал в США в декабре 2019 (воссоединение с сыном). В марте 2020 муж подал на воссоединение со мной(женой), и также ,,прицепом" по моей петиции идет моя назамужняя дочь которой 19,5 лет. Официально мы женаты 2 года. Есть ли у нас шанс воссоединиться в свете последних событий, в связи с указом Трампа, могут ли отменить воссоединение с гринкардхолдером, если так, то что будет с теми, кто уже подал петицию І-130? Заранее спасибо за ответ.

Answer/Ответ:

Добрый день!
Я понимаю, что сын вашего мужа американский гражданин. Сын подал петицию на отца, и ваш муж иммигрировал в США в декабре 2019. После получения грин карты он подал одну I-130 петицию на вас, и вы считаете, что ваша дочь включена в эту петицию.
Вашему мужу стоит проконсультироваться с адвокатом по поводу петиции на вашу дочь.
Что касается вашего вопроса об Указе президента и временном приостановлении иммиграции в США, включая вашу визовую категорию.
Этот запрет временный сроком на 60 дней. Когда этот период истечет, он может быть продлен. В любом случае, поданные петиции продолжают рассматриваться USCIS. Запрет на выдачу виз относится к посольствам и консульствам США, и пока является временным.
Всего доброго!
Мой овет опубликован тут

Can a U.S. Citizen Living Abroad Petition for His Father and Brother?

5/22/2020

Question: Can a US citizen who lives abroad obtain a green card for his brother and father who are living abroad?

Answer: Yes, a U.S. citizen son can petition for his father’s Green Card. The process normally takes a year/year and a half.

A U.S. citizen brother can petition for his brother’s Green Card as well. The process for most countries normally takes about 15 years. It could be longer for people born in some countries (Mexico and Philippines).

You can start the immigration process even now during COVID-19 pandemic because the USCIS Service Centers are still open.

However, in order to complete the immigration process, a U.S. citizen petitioner will have to move back to USA or prove that he has immediate plans to relocate back to USA. It is also important to show that a U.S. citizen petitioner filed his tax returns with IRS, which would be required at the last stage in the immigration process for the Affidavit of Support.

Executive Order Limiting Immigration Effective Date April 23 2020

4/22/2020

On April 22, 2020, President signed the Executive Order limiting immigration. The order applies to those seeking permanent residence (green cards) in the United States and will last for 60 days, at which point it will be reevaluated and potentially extended.

Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on April 23, 2020.

The order applies only to foreign nationals outside the United States seeking an immigrant visa or a green card, it doesn't apply to those who applies for adjustment of status.

It applies only to certain immigrant visas.

It includes an exceptions for essential workers, including medical workers, spouses and children of U.S. citizens, and "certain other aliens." The order would not apply to seasonal farm workers, who would seek seasonal guest-worker visas.

Sec. 2. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who:

(i) are outside the United States on the effective date of this proclamation;
(ii) do not have an immigrant visa that is valid on the effective date of this proclamation; and
(iii) do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

(b) The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:
(i) any lawful permanent resident of the United States;
(ii) any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees; and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;
(iii) any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;
(iv) any alien who is the spouse of a United States citizen;
(v) any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
(vi) any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;
(vii) any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;
(viii) any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or
(ix) any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

As of 11:59 PM on April 23, 2020, the ban blocks the issuance of all new immigrant (permanent) visas to people outside the United States, with some exceptions.

Specifically, the ban applies to:

Parents of U.S. citizens (Immediate Relatives category)
Adult children of U.S. citizens (Family Preference categories)
Spouses and children (regardless of age) of lawful permanent residents.
The diversity visa DV Visa program
All employment-based immigrant visas, except EB-5 investor visas (and except those applying for adjustment of status)
All other immigrant visas, unless specifically exempted.

Who Is Exempted from the Immigration Ban?

The ban does not apply to nonimmigrant (temporary) visas, such as students and H-1B high-skilled workers. It exempts any immigrant abroad who already has an immigrant visa or travel document in hand when it goes into effect. It also makes limited exceptions for:

Spouses and minor children of U.S. citizens, as well as active duty troops and their families.
People seeking EB-5 investor visas.
Iraqi and Afghan translators who helped the U.S. military, as well as their families.
Any person obtaining an employment-based immigrant visa as a doctor, nurse, health care worker, medical researcher, or other job that the Department of Homeland Security determines is essential to combating the coronavirus. Spouse and children of these people are also exempted.
Anyone whose entry as an immigrant is determined to be in the “national interest” or that “furthers important law enforcement objectives.”

The ban also does not affect anyone seeking to gain a green card from inside the United States through “adjustment of status,” which does not require obtaining a visa from outside the country. Refugees, asylum seekers, and those currently holding lawful permanent resident status aren’t affected by the ban, but their ability to petition for family members abroad could be impacted.

How Long Does the Immigration Ban Last?

The ban will last 60 days. However, by the 50th day, the secretary of state is required to recommend to the president whether to extend the ban again.

If the supposed “90-day” Muslim Ban provides any history, this new ban will almost certainly get extended through the end of Trump’s first term in office. If the economy continues to struggle, the president will have an excuse to continue to block new immigrants.

In addition, the ban also requires the secretary of homeland security and the secretary of labor to review all non-immigrant visa programs within 30 days. This suggests that another ban may be in the works.

What Is the Long-term Effect of This Immigration Ban?

Routine visa services at consulates abroad are already suspended due to the coronavirus, so this ban does not change much in the short-term. However, the effect will likely be significant if the ban continues once those consulates reopen.

It is expected that all legal immigration would be cut by 33%.

While U.S.-citizen spouses are not affected, nearly two thirds of parents of U.S. citizens would get blocked. 93% of other family-based immigrants would as well. However, because a vast majority of those who obtain green cards through employment categories do so from inside the United States, employment-based immigration is largely unaffected.

Briefly in Russian:

22 апреля 2020, президент подписал Указ, ограничивающий иммиграцию в США. Про этот указ он впервые сказал в твите в понедельник, два дня назад. Этот указ относится к тем, кто обращается за иммиграционными визами в США и грин картами, но не относится к тем, кто приезжает в США по временным неиммиграционным визам. Дата вступления нового закона в силу 23 апреля 2020, и он останется в силе 60 дней. Этот срок может быть продлен президентом.
Указ относится только к иммиграционным визам через посольство и не относится к получению грин карты в США через USCIS как adjustment of status.

Указ исключает из запрета несколько групп иммигрантов: в том числе, супругов и малолетних неженатых детей американских граждан до 21 года, вречей, медперсонал, тех у кого уже есть в паспорте иммиграционные визы, тех кто приезжает по неиммиграционным визам.

Read it here.

Presidential Proclamation Bars New Immigrants Without Health Insurance Effective Nov 3, 2019

10/8/2019

On Friday, October 4, 2019, Donald Trump issued a presidential proclamation that would bar new immigrants from entering the United States without health insurance.

The proclamation excludes from the United States new lawful immigrants who cannot show the ability to purchase unsubsidized commercial health insurance within 30 days of entry, unless exceptions apply. It will prevent otherwise eligible immigrants coming in from abroad from being issued visas to enter the U.S. if they lack the financial ability to purchase unsubsidized health insurance. That means that prospective immigrants potentially could be barred from the United States unless they can find a way to purchase health insurance outside of the Affordable Care Act (ACA) exchanges.

One way to satisfy the requirement of being able to purchase health insurance is to have actually purchased health insurance, though it is not yet clear whether it will be necessary to do so. It might be possible to satisfy consular officers, for example, by showing sufficient financial resources to purchase insurance after one arrives in the United States.

Because immigrant visa issuance is over 80% family-based immigrants, the proclamation will disproportionately impact those immigrating based on family ties, rather than employment-based immigrants. (Employment-based immigrants usually adjust status inside the United States.) Another significant impact will be on winners of the Diversity Visa Lottery, who are predominately from African countries, as most of those selected through that program enter the United States with immigrant visas rather than being able to adjust status in the United States.

As published, the proclamation only affects NEW immigrants applying for immigrant visas at the U.S. consulates and embassies abroad (those issued an immigrant visa on or after November 3, 2019, the effective date of the proclamation). It does not apply to nonimmigrants entering on any temporary visa, including H-1B visa holders, L-1 intracompany transferees, international students and scholars, visitors for business, tourists or entries for any other temporary purpose. It also does not apply to refugees, returning residents, people who are adjusting status in the USA.

Anyone who is able to adjust status from within the United States, rather than filing for an immigrant visa, should do so, because adjustment of status is outside the scope of the proclamation. Also, anyone able to get their immigrant visa this month should not delay their application and should review their documentary qualification with an immigration lawyer to be sure they can receive their visa before November 3, 2019.

Much of the practical effect of this proclamation will have to await implementing instructions from the State Department to consular posts.

Which forms of health insurance are “approved” under the proclamation?“Approved” health insurance under the proclamation includes:

employer-sponsored health plans
unsubsidized plans purchased on the individual market
non–Affordable Care Act (ACA)–compliant short-term health plans authorized by the Trump administration
catastrophic plans
family members’ plans
TRICARE plans or other coverage for military members and veterans
visitor health insurance plans
Medicare plans
other health plans as determined by the U.S. Dept. of Health and Human Services

Medicaid is acceptable for children age 18 and younger, but subsidized ACA plans are not acceptable for either adults or children.

Who is exempt from the proclamation’s requirements? Certain categories of immigrants are exempt from the proclamation’s requirements, including:

anyone issued a visa prior to the effective date (Nov. 3, 2019)
LPRs returning after a long absence
unmarried children and adoptees of U.S. citizens
people seeking Iraq/Afghani Special Immigrant visas
children under age 18, unless accompanying parents subject to the proclamation
parents of adult U.S. citizens, if they can demonstrate to the satisfaction of the consular officer that their health care will not impose a substantial burden on the U.S. health care system
people whose entry would advance law enforcement objectives or would be in the national interest

The proclamation further states that it should not be construed to affect any individual’s eligibility for asylum, refugee status, withholding of removal, or protection under the Convention Against Torture.

Briefly in Russian:

Новая Прокламация Президента США вступает в силу 3 ноября 2019 и требует наличия медицинской страховки для всех *новых* иммигрантов в США. По этой прокламации, которая не была утверждена Конгрессом, а только подписана Президентом, почти все иммигранты, подавшие документы на американскую иммиграционную визу, должны иметь страховку или достаточно денег, чтобы оплатить медицинские расходы в США. Если у иммигрантов нет страховки и денег, то визу они не получат и иммигрировать в США не смогут. Новое правило относится только к тем, кто подает на визу за рубежом, в том числе к супругам и родителям граждан США.

Новое правило - если оно останется в силе - коснется тех, кто спонсирует своих родителей, детей, а также победителей Лотереи грин карт.

Новое правило не относится к тем, кто получает грин карту через процесс adjustment of status, не выезжая из США. Поэтому если у вас есть возможность выбрать, то adjustment of status возможно лучший вариант для многих.

Не попадают под правило резиденты, которые находились за пределами США больше года, просители убежища, беженцы и их дети, а также те, у кого уже есть действующая иммиграционная виза, полученная до 3 ноября 2019.

EB-5 Immigrant Investor Class Action Lawsuit Notice

2/14/2019

On Nov. 30, 2018, in Zhang v. USCIS, No. 15-cv-995, the U.S. District Court for the District of Columbia certified a class that includes any individual with a Form I-526, Immigrant Petition by Alien Entrepreneur, that was or will be denied on the sole basis of investing loan proceeds that were not secured by the individual’s own assets.

The U.S. District Court for the District of Columbia vacated these denials and ordered USCIS to reconsider the petitions.

If you believe you have received an I-526 denial solely on this ground and would like to identify yourself as a potential class member, USCIS had provided a contact email [email protected], and advised to contact them using the subject line “Zhang Class,” and provide the following:

Name
Alien Number (if any)
Date of birth
I-526 receipt number (if available)
Date of I-526 denial
Copy of I-526 denial (if available)

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

Effective February 1, 2019, US Embassy in Belarus resumes all visa services

1/13/2019

On February 1, 2019, full visa services returning to the U.S. Embassy in Belarus.

Belarus lifted a cap on the number of U.S. diplomats allowed in the country. Visa services have been significantly restricted at the U.S. Embassy in Belarus for the past decade.

The lifting of the cap means that starting February 1, 2019, Belarusian citizens and residents of any age may apply for any category of nonimmigrant U.S. visa at the Embassy in Minsk.

Embassy announcement: https://by.usembassy.gov/visas/

How to Apply for a Fiancee K-1 Visa

12/17/2018

What is a fiancée K-1 and K-2 visa? Who can apply? What is the process, timeframes and the costs?
The fiancée K-1 nonimmigrant visa is for the foreign national fiancée of a United States citizen. Only a U.S. citizen can petition for his or her foreign fiancée. A U.S. citizen can file a fiancée visa petition only after they have met in person in the previous two years: meeting each other online or through a video chat or messenger is not enough. The purpose of a K-1 visa is for foreign citizen fiancée to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.
The foreign fiancee will then apply for adjustment of status (aka “green card”) with the USCIS at the Department of Homeland Security. This is a separate legal process.
K-1 visa is a non-immigrant visa. However, because a fiancée visa is intended to help a foreign national to immigrate to the U.S. and allows him or her to apply for a green card after marriage to a U.S. citizen petitioner shortly after arrival in the United States, the fiancé(e) must meet most of the requirements of an immigrant visa.
K-2 visa is a fiancée visa for eligible children of K-1 visa applicant (unmarried children under 21).
As of 12/2018, current processing times are approx. 5 to 7 months for a I-129F Petition, plus additional 3 to 6 weeks for the NVC stage, plus additional 1-3 months for a visa application process (varies depending on a Consulate and your own readiness).

The First Step: Filing the Petition, USCIS Form I-129F
(1) The U.S. citizen fiancé, must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS. Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.
(2) When USCIS approves the I-129F petition, it is sent to the National Visa Center (NVC). The NVC will assign a new a case number and directly forward the approved fiancée visa petition to the U.S. Embassy or Consulate where a foreign fiancée will apply for a visa.

The Second Step: Applying for a Visa
The NVC will mail a letter with a new case number after it sends a fiancée visa case to the U.S. Embassy or Consulate. Once you receive this letter, it is time to apply for a K-1 visa and prepare for the interview.
Eligible children of K-1 visa applicants may apply for K-2 visas. Children are included into the I-129F petition. However, separate visa applications and visa fees are required for every child.

Required Documentation The foreign national fiancée and eligible children applying for K-2 visas will be required to bring the following forms and documents to the visa interview:

Completed Form DS-160, Nonimmigrant Visa Application. Each K-1 and K-2 visa applicant must: (1) complete Form DS-160 online, (2) pay a visa fee, and (3) print the DS-160 confirmation page to bring to a visa interview.
A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S.
Divorce or death certificate(s) of any and all previous spouse(s) for both you and the U.S. citizen petitioner.
Police certificates from your home country and all other countries where you have lived for six months or more since age 16 (Police certificates are also required for a foreign fiancée and all accompanying children age 16 or older)
Medical examination (for K-1 and K-2 visa applicants)
Evidence of financial support (Form I-134, Affidavit of Support, and proof of sponsor’s employment and income usually are required). There is no extra fee for the Form I-134. For a fiancée visa, the Affidavit of Support, Form I-134, is required. There is another Affidavit of Support, Form I-864, which will be required later, when you apply for a green card after marriage. The forms are different. The income requirements are also different. When submitting the Affidavit of Support, Form I-134, you need to show that your U.S. sponsor's income is 100 percent of the federal poverty guideline. When submitting the Affidavit of Support, Form I-864, the sponsor must be able to demonstrate that his or her income is at least 125 percent of the federal poverty guideline minimum income requirement. If you estimate that both K-1 visa and a green card will be applied for during the same tax year, you should plan and gather all required documentation in advance.
Evidence of relationship with your U.S. citizen fiancée, which is very important at the last stage, as well as at the first stage.

The consular officer may ask for additional information, such as photographs, chat logs, emails and other proof that the relationship with your U.S. citizen fiancé(e) is genuine and real. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview legible photocopies of civil documents and translations, such as birth and divorce certificates.

Fees

Government filing fees are subject to change (as of 12/2018, the fees are as follows):

US$535 -- Filing fee for an Alien Fiancé(e) Petition, Form I-129F
US$265 -- Nonimmigrant visa application processing fee, Form DS-160 (required for each K visa applicant)
Medical examination fee, paid directly to a designated clinic (required for each K-1 and K-2 visa applicant) – costs vary, please check with the U.S. embassy in the country where a fiancée will apply for a visa
Other costs may include translation and notarization charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.). Costs vary from country to country.
US$1,225 -- Filing Form I-485, Application to Register Permanent Residence or to Adjust Status. Your spouse will submit this application after marriage. There could be additional applications filed concurrently: Application for a work permit and Application for advance parole. These applications are optional, but could be advisable.
Legal fees – we charge flat fee which could vary from case to case, depending on difficulty and the number of dependents. Please contact attorney for a case evaluation, and we will gladly give you a quote.

To ensure that your application is accepted and not rejected, the most current edition of the form must be submitted, accompanied by a correct filing fee. It is recommended that you check the most current edition of every application and the most current filing fees at USCIS and Department of State websites shortly before applying.

Please note that the approved I-129F petition is valid for four (4) months from the date of approval by USCIS. However, a consular officer can extend the validity of the petition if it expires before visa processing is completed.

Certain conditions and activities can make a visa applicant ineligible for a visa. Examples of these ineligibilities include: certain criminal records; overstaying a previous visa in the U.S.; submitting fraudulent documents; previous deportation or removal order, or voluntary departure; failure to prove bona fide fiancée relationship; etc. If you are found to be ineligible for a visa, the Consular Officer will advise you whether there is waiver of the ineligibility and what the waiver process is.

After your K-1 Fiancé(e) Visa was approved, you will generally wait 5 to 7 business days to pick up your passport, a visa, and a sealed packet containing the documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States.
If you have children who received K-2 visas, you will either travel together or your children holding K-2 visas will have to follow you to the U.S.

Please note that K-1 and K-2 visas are valid for a single admission to the United States within the validity of the visa, which will be a maximum of 6 months from the date of issuance.

It is advisable not to purchase the tickets, not to sell real estate and business abroad until after a K-1 visa has been approved and issued. In order to limit the risk even more, some of other clients preferred not to sell their apartments, cars, businesses until after they became lawful permanent residents of the United States.

Please note that you must either marry your U.S. citizen fiance within 90 days of your entry into the United States, or depart the U.S. before the expiration of the 90-day period of admission. If not married within the 90-day window, or married within 90 days, but didn’t apply for a green card, if you wish to stay in the United States and apply for a green card, contact a competent immigration attorney for legal advice.

If you would like to schedule a telephone consultation or need help, please contact attorney for a case evaluation, and we will gladly give you a quote and advise you.

Please see below a few brief videos: Part 1, Part 2 and Part 3.

Information and videos in Russian can be found here.

New USCIS Policy Memorandum on Using DNA Evidence in I-130 Petitions for a Sibling

5/2/2018

On April 17, 2018, USCIS has updated its policy on the acceptance of DNA evidence supporting sibling relationships. This policy memorandum permits officers to suggest and consider direct sibling-to-sibling DNA test results, and provides standards for evaluating DNA results for full siblings and half siblings. This new guidance will improve USCIS’s ability to evaluate eligibility for immigration benefits by using technological advances in direct sibling DNA test results.

When USCIS determines that primary evidence is unavailable or unreliable, it may suggest and accept DNA test results as evidence of a full-sibling or half-sibling relationship in any petition or application for an immigration benefit in which a sibling relationship is required to establish eligibility or may otherwise be relevant to an eligibility determination.

Note: USCIS will only consider results of DNA testing conducted by an AABB-accredited lab.
USCIS policy on parentage testing remains unchanged.

Testing Against Additional Relatives: to the extent possible, DNA testing against the common parent(s) is encouraged, because it produces more reliable results than tests that do not include a common parent. Similarly, test results that include additional first-degree relatives, such as another sibling, will yield more conclusive results. Including additional blood relatives, such as aunts, uncles, and cousins, also produces more reliable results, particularly where a result is otherwise inconclusive. The AABB standards encourage accredited labs to recommend additional testing of relatives, where appropriate.

As USCIS does not currently have regulatory authority to require DNA testing, they may only suggest the option of additional testing to the petitioner. The applicant or petitioner bears the burden, however, to establish eligibility for the immigration benefit sought. INA § 291, 8 U.S.C. § 1361; Matter of Otiende, 26 I&N Dec. 127, 128 (BIA 2013).

DNA could be expensive. The petitioner or applicant will have to pay for the DNA test if suggested by USCIS or the U.S. embassy or consulate.

(Primary evidence to establish a sibling relationship includes birth certificates, and if applicable, marriage certificates. When an officer determines that primary evidence is unavailable or unreliable, the officer may consider secondary evidence that demonstrates the sibling relationship. Secondary evidence that officers may consider includes, but is not limited to, medical records, school records, and religious documents issued contemporaneously with the event they document. Affidavits sworn to by persons who were living at the time of and who have personal knowledge of the event to which they attest may also be accepted if certain conditions are met. Following the BIA’s ruling in Matter of Ruzku, 26 I&N Dec. 731 (BIA 2016) USCIS initiated discussions with the AABB Relationship Testing (RT) Subcommittee through the DHS Science and Technology (S&T) Directorate.)

This Policy Memo replaces a 2014 Policy Memo (PM-602-0106, DNA Evidence of Sibling Relationships), and previous guidance in Chapter 21.9(c) of the Adjudicator’s Field Manual (AFM).

New USCIS memo.

Briefly in Russian:

USCIS опубликовал новые инструкции по использованию теста ДНК при анализе петиций поданных на брата и сестру (и также тех братьев и сестер, у кого общий только один из родителей).

Раньше тест ДНК использовался для установления отношений между родителем и ребенком, и не применялся для других категорий. Теперь USCIS могут предложить петиционеру и брату (сестре) пройти тест ДНК через лабораторию аккредитованную AABB. Они не могут принудить петиционера и заявителя пройти этот тест, а могут только "предложить". Но стоит понимать, что предлагать такой тест USCIS будут тем, у кого не хватает первичных документальных доказательств (свидетельства о рождении, о браке) или что-то вызывает недоверие к документам (подозрение, что это подделка). В случае отказа от теста ДНК, USCIS могут отказаться утвердить петицию I-130 или выдать визу. Инструкции по тесту ДНК родителей и детей остаются те же, что и раньше.

List of Countries Subject to Travel Ban Was Updated: Chad Removed

4/14/2018

Effective April 13, 2018, the list of countries subject to travel ban has been updated. Follow the link to see updated table of countries whose nationals are currently ineligible for various kinds of visas under presidential proclamation Visitors visas and Immigrants Visas, including DV Lottery visas).

On April 10, a new Presidential Proclamation was issued which amended P.P. 9645 of September 24, 2017.
The new P.P. removed the visa restrictions imposed on nationals of Chad by the previous September 2017 proclamation. This change is effective at 12:01 a.m. EST on April 13, 2018.

All other visa restrictions outlined in P.P. 9645 remain in effect. (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.) 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 2018.

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.

See more 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].

Travel Ban or Muslim Ban 3 Goes Into Effect While Appeals Are Pending

12/5/2017

On Monday, December 4, 2017, the U.S. Supreme Court issued two orders staying lower courts’ (Maryland & Hawaii) preliminary injunctions of President's September 24, 2017 presidential proclamation or 3rd travel ban.

Accordingly, President's most recent travel ban, so-called Muslim Ban 3, will go into effect while the appeals are pending. The U.S. Supreme Court encouraged the appeals courts to quickly decide whether the most recent travel ban was lawful.

The September 24, 2017, Presidential Proclamation on Enhancing Vetting Capabilities & Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats indefinitely blocks the entry for certain individuals from eight countries: Iran, Iraq, Libya, Chad, North Korea, Syria, Somalia, Venezuela and Yemen.

Travel Restriction for Nationals of Eight Countries – Chad, Iran, Libya, North Korea, Somalia, Venezuela, Syria, and Yemen

General Rules:

Only applies to individuals who are (i) outside of the U.S. on the day the travel ban goes into effect, and (ii) who do not have a valid visa on the day travel ban goes into effect, and (iii) who have not obtained a waiver under Section 3(c) of the Proclamation
Does not apply to:
- Lawful permanent residents (green card holders);
- Individuals admitted or paroled into the U.S. on or after the effective date;
- Those with a document other than a visa that allows them to travel to the U.S., if the document is dated on or after the effective date;
- Dual-nationals traveling on a passport from a non-designated country;
- Individuals granted asylum;
- Refugees already admitted to the U.S.; or
- Individuals granted withholding of removal, advance parole, or protection under the Convention against Torture

Previously-Impacted Countries – Restrictions Effective Immediately:

Iran
- Effective immediately, immigrant and nonimmigrant entry are suspended for Iranian nationals except for those with F, J, or M visas.
- Those with F, J, or M visas will most likely be subject to “enhanced screening and vetting requirements.”
Libya
- Effective immediately, immigrants and nonimmigrants on business (B-1), tourist (B-2), business/tourist (B-1/B-2) visas are suspended except those with a bona fide relationship to the U.S.
Somalia
- Effective immediately, immigrant visas are suspended for Somali nationals
- Non-immigrant visas are permitted, subjected to heightened screening.
- The bona fide relationship exemption ends October 18, 2017.
Syria
- Effective immediately, immigrant and nonimmigrant entry is suspended for Syrian nationals
Sudan
- Sudan was removed from the list of restricted countries in MB-4.
- Sudanese visa holders who were impacted by earlier Muslim Bans should now be able to reapply for visa.
Yemen
- Effective immediately, all immigrant visas and nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended,

Newly Impacted Countries (Added):

Chad
- All immigrant visas and with nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended from entering the U.S.
North Korea
- All immigrant and nonimmigrant visa holders are suspended from entering the U.S.
Venezuela
- The entry of officials of government agencies of Venezuela involved in screening and vetting procedures and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended. Additionally, nationals of Venezuela who are visa holders are subject to additional measures.
- Per Section 3(b)(v) of MB-4, certain Venezuelans traveling on diplomatic visas are not affected by this order.

Waivers:

If you are from one of the countries covered by the travel ban and do not yet have a valid U.S. visa, you cannot obtain a visa at this time unless you qualify for a waiver. Consular officers may, on a case-by-case and discretionary basis, grant a waiver to affected individuals for certain reasons. To obtain a waiver and a visa, the person seeking admission must prove:

denying entry to the U.S. would cause the foreign national undue hardship;
admission would not pose a threat to the national security or public safety of the United States;
entry would be in the U.S. national interest.

Travel Risks for People from Affected Countries with Valid Visas:

If you are from one of the impacted countries and hold a valid visa, you may be able to apply for admission to the United States. The newest travel ban states that no visas will be automatically revoked and that those with a valid visa are not covered by the travel ban. However, travel outside the United States at this time carries risk.

Canada Amended its Citizenship Act, effective June 19, 2017

6/29/2017

Effective June 19, 2017, Canada has made major amendments to its Citizenship Act.

The immediate changes include:

Elimination of the requirement that new citizens continue to reside on a full-time basis in Canada after receiving citizenship;
Elimination of provisions that allowed authorities to revoke the Canadian citizenship of dual citizens convicted of crimes “against the national interest.” With this change, dual citizens will be treated the same as non-dual citizens under the Canadian justice system.

Additional changes, slated for later this year, include:

Reduction of the required time permanent residents must be physically present in Canada before becoming eligible to apply for citizenship. The amended rules will reduce the required period of time from four out of six years to three out of five years;
Revision of the age range for the language and citizenship knowledge requirements from 14 to 64 years of age to 18 to 54 years of age; and
Allowing time spent in Canada as a temporary resident or protected person to count toward the required permanent residency period. Each day in Canada as a temporary resident will be counted as a half day of permanent residency in calculating the required residency period.

The official announcement detailing the changes can be found on the Immigration, Refugees, and Citizenship Canada (IRCC) website.

New USCIS Form I-130 and I-130A: Petition for Alien Relative. New I-864P Poverty Guidelines for 2017

3/10/2017

On February 27, 2017, USCIS had published a new completely revised edition of the Form I-130 (prior edition had 2 pages, and the new edition is 12 pages long, plus a new Form I-130A was introduced).

The old edition of the Form I-130 (edition date 12/23/2016) will be acceptable only until April 28, 2017. After 04/28/2017, only the most recent 12-page form I-130 will be accepted.

If you are filing for your spouse, he or she must submit Form I-130A, Supplemental Information for Spouse Beneficiary. If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have to sign Form I-130A. Form I-130A must be submitted with Form I-130. However, a spouse still has to sign form G-28, if you have an attorney.

Please note that you can't file Form I-130 for a spouse (wife or husband) if you married your spouse while he or she was the subject of an exclusion, deportation, removal, or rescission proceeding regarding his or her right to be admitted into or to remain in the United States, or while a decision in any of these proceedings was before any court on judicial review.

However, you may be eligible for the bona fide marriage exemption under INA section 245(e)(3) if:

A. You request in writing a bona fide marriage exemption and prove by clear and convincing evidence that the marriage is legally valid where it took place and that you and your spouse married in good faith and not for the purpose of obtaining lawful permanent resident status for your spouse and that no fee or any other consideration (other than appropriate attorney fees) was given to you for your filing of this petition. The request must be submitted with Form I-130; OR

B. Your spouse has lived outside the United States, after the marriage, for a period of at least two years.

Biometric Services Appointment. USCIS may require that a US citizen Petitioner and/or foreign national Beneficiary appear for an interview or provide fingerprints, photograph, and/or signature at any time to verify identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on petition.

After USCIS receives the I-130 petition, USCIS will inform you in writing, if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment or, if you are currently overseas, instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to set up an appointment.

If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:
1. You provided or authorized all information in the petition;
2. You reviewed and understood all of the information contained in, and submitted with, your petition; and
3. All of this information was complete, true, and correct at the time of filing.

If you fail to attend your biometric services appointment, USCIS may deny your petition.

Also note that the Form G-325A is still valid and required when, for example, applying for adjustment of status.

Please take a note that the federal government updated their federal poverty guidelines, and a new I-864P was released on 03/01/2017. The new I-864P is applicable to all pending and new applications for adjustment of status or immigrant visa.

U.S. permanent resident card aka "green card"