Global Visa Wait Times

Last updated: 1-7-2025

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

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

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

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

​See more here. 

List is here. 

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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:
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• 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.

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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.

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.

On July 25, USCIS announced that it would indefinitely allow documents to be submitted with an electronically reproduced original signature. This means that a document may be printed out, signed by hang and scanned, faxed, photocopied, or similarly reproduced, provided that the copy must be of an original document containing an original handwritten signature.

"In an effort to take the lessons learned from our pandemic posture, USCIS has been evaluating which flexibilities can and should be extended permanently. As a result of this evaluation, the reproduced signature flexibility announced in March, 2020, will become permanent policy on July 25, 2022."

Individuals or entities who submit documents with an electronically reproduced original signature must retain the original “wet signature” documents, as the agency may, at any time, request an original document. Failure to provide this document may negatively impact case adjudication.

USCIS does not accept electronically signed documents that are signed through DocuSign or similar applications that affix an electronic signature.

25 июля 2022 USCIS опубликовал сообщение о том какие именно электронные подписи на документах они принимают, и какие не принимают.

Документ должен быть подписан от руки, отсканирован и предоставлен как копия оригинала подписи. Электронные подписи не принимаются по прежнему.

Тут более подробно и тут. Here is more information. Also, here. 

What are legal immigration options for Ukrainian citizens trying to find a safe heaven in the United States during the war with Russia?
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Since the beginning of the war on February 24, 2022, there are a few available options. These options may not apply to everyone. They may change. During the last week, there were many changes with consular processing of visas for Ukrainians. Situation is still very fluid. Here is a list of some possible options which should not be construed as legal advice. 

As of March 10th, the US didn't announce any new refugee program for Ukrainians yet.
На сегодняшний день США не объявило программу помощи беженцам из Украины (нет программы куда обратиться за статусом беженца если вы за пределами США и хотите приехать по статусу беженца в США).

The Biden administration previously said it would accept up to 125,000 refugees in the 2022 budget year. That annual cap had been cut to a record low 15,000 under President Donald Trump. In setting the annual target for refugees, the Biden administration set aside 10,000 refugee visas for people from Europe, but it could expand that number to take in more Ukrainians if needed. The White House has said it will work with the United Nations and European countries to determine whether people who have fled Europe will need permanent resettlement in the U.S. or elsewhere. The 125,000 does not include the 76,000 Afghans who came to the United States after the American withdrawal from Afghanistan in August.
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(1) Если у вас есть действующая и неистекшая виза в США, вы можете приехать по этой визе. Затем уже находясь в США, если необходимо, вы можете подать на продление или смену статуса. В некоторых ситуациях вы можете подать на вид на жительство или на политическое убежище, если у вас есть лснования для этого (не у всех они есть). If you have a current valid and unexpired visa to the USA, you can use it to travel to USA, provided that the purpose of your trip meets the type of a visa. When in the USA, you can apply to extend or change status, adjust status to that of a permanent resident, or apply for political asylum, if you have legal basis for a particular application you are intending to submit The CDC and Department of State recently announced that the Covid-19 vaccination requirement was waived for Ukrainian nationals.
https://wwwnc.cdc.gov/travel/destinations/traveler/none/ukraine

(2) Если у вас нет визы в США, вы можете подать заявление на визу и попытаться ее получить в одном из американских посольств за пределами Украины (например, в Польше или Германии и в других). If you don’t have a visa to the U.S. you can apply for a visa at the US Consulate in the country outside of Ukraine. Проверьте информацию на момент подачи заявления на визу, т.к. изменения происходят почти каждый день. For example, in Warsaw, Poland, Krakow, Poland, Frankfurt, Germany, or other US embassies and consulates in other EU countries. You can submit a visa application online. Unfortunately, visa interviews are backlogged, and it might take a while to have one scheduled. Check the information current at the time you submit your visa application because information and advice changes almost daily.

(3) Вы можете попытаться въехать в США, пересекая границу с Мексикой или Канадой, попросив убежище и разрешение на въезд как пароль в США на границе в пропускном пункте. Это рисковано и обычно не рекомендуется. If you don’t have a valid visa to the U.S., but you can get into one of the neighboring countries and if have reasons to fear persecution in Ukraine (not merely escaping war), you can apply for asylum at a designated US Border Checkpoint and be paroled into the United States. It is a risky procedure and usually we don't recommend it. This option includes detention time at the border or in jail/detention center before being allowed to enter the U.S. It is advisable to consult an attorney who specializes in political asylum and this kind of cases in advance. It is important to show that you have family or friends or anyone in the United States willing to be your sponsor, and to have valid documentation of your identity, such as a passport and a birth certificate.

(4) Если вы находились на территории США 1 марта 2022, и у вас нет судимостей, вы cможете подать заявление на временный статус TPS и разрешение на работу, когда начнется период приема заявлений. Следите за носвостями или проконсультруйтесь у адвоката о ваших шансах и процедуре подачи заявления. If you are already in the USA, and have been physically in the U.S. on March 1, 2022, you will be able to apply for a TPS (temporary Protected Status) for 18 months and a work permit, which would allow you to get an SSN and a driver’s license, so you can live and work in the USA on a temporary basis. Follow the new and announcements at USCIS website to see when the application can be submitted and read the instructions or consult an attorney before applying. 
https://www.uscis.gov/humanitarian/temporary-protected-status

(5) Если вы находитесь за пределами США и у вас есть близкие родственники в США, вы можете подать заявление на гуманитарный пароль. If you are outside of the United States but have a close family in the U.S., you can apply for Humanitarian Parole. The application is filed in the U.S. with USCIS, form I-131 A relative must provide evidence of humanitarian reasons and financial support. It is not the fastest option and can take many months to be approved because it is currently backlogged since COVID-19 and Afghanistan crisis in summer of 2021. You can check the current processing times at USCIS website. https://egov.uscis.gov/processing-times/
https://www.uscis.gov/forms/explore-my-options/humanitarian-parole

(6) Если ваши родные в США подали на вас петицию на воссоединение семьи, I-130, то в некоторых категориях можно попросить ускорение. If you already have a pending petition, you can ask USCIS to expedite it, if a US citizen or permanent resident is petitioning for their spouse, children, or parents.
https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request
You can contact the USCIS at (800) 375-5283 and request to expedite your case. Please note that expediting a petition for any relatives other than immediate family members of US citizens or permanent residents is not going to help to get them to the USA fast. At this time, if you have a petition for your sibling or a child over 21, an expedite request is not going to help, because the process for those relatives is not delayed due to a backlog but due to a congressionally annual limitations on the number of immigrant visas available and them waiting for a visa number to become available in their visa category.

(7) Если ваше дело на грин карту по воссоединению семьи находится в Национальном Визовом Центре или уже было утверждено и вы ждете интервью в посольстве, попросите ускорения. Дело нужно будет перевести в другое посольство США. В настоящее время это Франкфурт в Германии для украинских граждан. If your case is pending at the NVC or at the US embassy, you can ask to expedite it. To expedite a case which is at the consulate, you need to send an email directly to the US consulate and provide the case number you received from NVC, and ask the consulate to schedule a visa interview. You may need to request a transfer of the case from Kyiv to Frankfurt, Germany, if a case wasn’t transferred yet. The same limitation for relatives who are not immediate relatives applies.

(8) Если вы уже находитесь в США, вы можете подать заявление на политическое убежище, если у вас есть для этого основания (опасения преследований на основании одного их защищенных групп, а не только из-за войны). If you are already in the United States, you can apply for asylum or for relief from deportation if you fear persecution in your home country under one of the protected groups or categories. All deportations of the Ukrainian citizens were halted recently. Asylum procedures allow individuals, who have reasonable fear from returning to their home countries, to apply for asylum in the United States. To qualify for asylum the applicant must demonstrate that there is a reasonable possibility of persecution based on one of enumerated protected grounds.

(9) Если вы уже в США в статусе иностранного студента из Украины, вы можете подать заявление на разрешение на работу в связи с особыми обстоятельствами и попросить его ускорить. If you are already in the United States as a foreign student from Ukraine on a valid F-1 visa, you can apply for emergency work permit by filing a form I-765 with the USCIS and asking for emergency work permits due to unexpected financial hardships they are experiencing due to the situation in Ukraine. You can ask to expedite your application. https://www.uscis.gov/humanitarian/special-situations. https://www.uscis.gov/i-765

Каждая ситуация индивидуальна. Не все варианты подойдут каждому. Стоит посоветоваться с иммиграционным адвокатом перед тем как решать, что лучше сделать в вашей ситуации. Every situation is different. Not everything will fit you. It is advisable to consult an immigration attorney before deciding what is the best option for you.

Hope this information helps!

The US Consulates in Germany and Austria are beginning to offer limited visa services.
It was announced that the US Consulate in Germany will resume limited visa processing on July 20, 2020. At the moment, the Consulate will prioritize services for US citizens and residents of Germany. Third country nationals that do not reside in Germany may not yet apply for a visa. Furthermore, the Consulate also announced that in limited circumstances, travelers may now qualify for a national interest waiver exception to the Presidential Proclamation 9993 which prohibited non-exempt persons from traveling to the US if they spent any time in the Schengen area (and some other countries) within a 14 day period immediately prior to seeking to enter the US.
It is not yet clear which categories will be processed after July 20, 2020, and we are awaiting further clarification. It was announced that Munich will only be processing F/M and J visas (those J visas that are not excluded by one of the later Presidential Proclamations). Students require a current I-20 form that meets all requirements.
Just as encouraging is the announcement that it will now be possible for residents of Germany to apply for a national interest exception or waiver at a Consulate in Germany. Please note that even if one already has a valid visa, it will still be necessary to file an application to obtain an exception from the US Consulate. The following categories of travelers may possibly qualify for a national interest exception:

• Public Health: Travel as a public health or healthcare professional or researcher to alleviate the effects of the COVID-19 pandemic, or to continue ongoing research in an area with substantial public health benefit (e.g. cancer or disease research).
• Students: All students, and their dependents, traveling to the United States on an F or M visa to pursue a full course of study or on a J visa to participate in an exchange program as a bona fide student.
• Academics: All exchange visitors and their dependents traveling to the United States on J visas in the following categories: Professors, Research Scholars, Short Term Scholars, or Specialists.
• Investors: Travel in connection with investment or trade in the U.S. economy that generates a substantial economic impact. This can include investors and treaty traders with E visas and certain essential senior-level employees, and their dependents.
• Economic: Temporary travel that provides a substantial economic benefit to the U.S. economy, including:
  • Technical experts and specialists to travel to the US temporarily to install, service, maintain, or receive training for vessels, machinery and other specialized equipment used by U.S. and foreign firms with a substantial investment in the United States.
  • Senior-level managers and executives, and their dependents, who provide strategic direction necessary for the success of the company or venture.
  • Professional athletes, dependents, and essential staff who enter the United States to participate in major sporting events, which bolster the U.S. economy.

The U.S. Consulate in Austria has also resumed limited visa processing for citizens and residents of Austria provided that they qualify for a national interest exception. The Consulate in Vienna is now processing E, B, F, M and certain J visas for travelers that would qualify for a national interest exception. Unlike the US Consulate in Germany, the categories for a national interest exception are as stated in the relevant Presidential Proclamation and there is no separate list for possible exceptions.
Some other European Consulates are starting to resume limited visa services.

REMINDER: Family preference category F2A for spouses and unmarried children under 21 of lawful permanent residents remains CURRENT in NOVEMBER 2019!

It means, there is still enough time to file the I-130 and concurrent application for adjustment of status, I-485, but only if you qualify.

One of the requirements is maintaining a lawful nonimmigrant status at the time of filing.

Briefly in Russian: 

В ноябре 2019 продолжается период, когда супруги и малолетние дети постоянных жителей США могут одновременно подавать петицию на воссоединение семьи и заявление на грин карту, если они находятся в США в легальном статусе.
November Visa Bulletin: 
​https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-november-2019.html?fbclid=IwAR1vdZviX7HsBvZXeDDXrUNMJ5Av2q8mOKPKSRr2nv6nrJabmhNhEWapN1Y

​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.

​

​On February 14, 2018, USCIS announced that it will now accept credit card payments for filing most of its applications, including I-130, I-129F, I-485, I-765, I-131, I-601, I-90, N-400, N-600, etc.

Currently, credit card payment option is available for the 41 fee-based forms processed at USCIS Lockbox facilities. To pay by Visa, MasterCard, American Express or Discover, applicants will need to use USCIS Form G-1450. 

USCIS will enter credit card data into the Pay.gov system, operated by the U.S. Department of the Treasury, and will then destroy the Form G-1450 to protect the credit card information.

Applicants for naturalization, N-400, and applicants renewing or replacing their Green Cards, I-90, can already use a credit card if they file online at uscis.gov.

Before making international travel plans, foreign nationals (with the exception of Canadians) must have a valid visa in their passports (preferably multiple-entry) to re-enter the United States. People who did not previously obtain a visa in connection with their current nonimmigrant status (had "change of status"), or whose visa has expired, will need to apply for an appropriate visa at the U.S. Consulate in their home country (and may need to submit a visa application and schedule a visa appointment before they depart the USA). The only exception is for visits to Mexico or Canada for less than 30 days under the visa revalidation rule. People traveling internationally must also have a valid and unexpired passport (or other travel document).
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U.S. Consulates' visa processing procedures and times vary. Visa applicants should check the website of the Consulate where they plan to apply for their visa to obtain the most accurate information. Due to the increased security and mandatory interviews at most Consulates, visa issuance processing times are unpredictable and could be delayed.

Please visit the U.S. Department of State for information regarding current visa appointment and processing wait times for each Consulate. We recommend a minimum of three to four weeks for the visa process.
Foreign nationals in the United States, who have a pending “change of status” or "extension of status" petition (from one nonimmigrant classification to another, or extension of the status in the same visa category) must remain in the United States until adjudication on their petition is complete. Foreign nationals who travel abroad while an application for change of nonimmigrant status is pending are considered to have abandoned their change of status portion of the petition.

Similarly, a pending advance parole application could be deemed abandoned and denied under recent policy changes. Please keep this in mind because in the past the situation was very different.

Foreign national employees should inform their U.S. employers regarding their plans to travel outside of the United States, and provide their departure and return dates and the countries to which they plan to travel. If possible, employers should provide employees with an employment verification letter that confirms the employee’s continued/current employment based on an approved nonimmigrant visa petition. This letter should be provided before employees depart the United States.

It is important to remember that the I-94 record expiration date governs the foreign national employee’s period of authorized stay in the United States. If an employee’s passport expires before the end date of the work authorization, status may be limited to the expiration date of the passport. If that occurs, the employee will need to renew the passport and travel outside of the country with a valid visa (prior to the expiration date noted on the I-94 record) to obtain a new I-94 record for the full period of stay authorized by the I-797 approval notice. Upon re-entry to the U.S., employees should obtain a copy of their admission record at the U.S. Customs and Border Protection site to ensure the entry information is correct.
​
Finally, the U.S. Supreme Court has ruled that President's third travel ban, impacting eight countries, is to be fully enforced, effective December 8 2017, while legal challenges in lower courts are pending. While this ban exempts certain individuals, caution should be taken by nationals of the following countries before traveling: Syria, Libya, Iran, Yemen, Chad, Somalia, North Korea and Venezuela.

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. 

Effective August 23, 2017, the U.S. Embassy suspended issuing nonimmigrant visas for eight days until September 1, 2017 in response to the Russian decision to cut embassy and consulate staff in Russia by 755, or by two-thirds.

The embassy would resume issuing visas in Moscow consulate only on September 1 2017, but will no longer issue any visas at the U.S. consulates in St. Petersburg, Yekaterinburg and Vladivostok indefinitely.

It's expected that visitor visa appointment wait time could be as long as six months!

Nearly a quarter of a million Russian tourists visited the U.S. last year, according to Russian tourism officials.

In August 2017, Russia ordered the U.S. to cut its embassy and consulate staff in Russia by 755. Congress approved sanctions against Russia for meddling in the 2016 U.S. election and for its aggression in Ukraine and Syria.

Read more here.

Briefly in Russian:

С 23 августа по 1 сенбября 2017 США временно приостановили выдачу гостевых и других неиммиграционных виз в России.

После 1 сентября 2017 только консульство США в Москве будет выдавать визы. Три оставшиеся консульства прекратят выдачу виз на неопределенное время.

Ожидается, что сроки выдачи виз затянулся до 6 месяцев. Эта мера - последствие августовских санкций и выдворения 755 сотрудников американского посольства из России.

On May 4, 2017, the U.S. Department of State published in the Federal Register the following public notice: Public Notice: 9984, Notice of Information Collection Under OMB Emergency Review: Supplemental Questions for Visa Applicants. 

"The Department proposes requesting the following information, if not already included in an application, from a subset of visa applicants worldwide, in order to more rigorously evaluate applicants for terrorism or other national security-related visa ineligibilities:

• Travel history during the last fifteen years, including source of funding for travel;
• Address history during the last fifteen years;
• Employment history during the last fifteen years;
• All passport numbers and country of issuance held by the applicant;
• Names and dates of birth for all siblings;
• Name and dates of birth for all children;
• Names and dates of birth for all current and former spouses, or civil or domestic partners;
• Social media platforms and identifiers, also known as handles, used during the last five years; and
• Phone numbers and email addresses used during the last five years.

Most of this information is already collected on visa applications but for a shorter time period, e.g. five years rather than fifteen years.

Requests for names and dates of birth of siblings and, for some applicants, children are new. The request for social media identifiers and associated platforms is new for the Department of State, although it is already collected on a voluntary basis by the Department of Homeland Security (DHS) for certain individuals.

The estimated number of respondents represents the estimate of relevant State Department officials that 0.5% of U.S. visa applicants worldwide, or in the range of 65,000 individuals per year, will present a "threat profile", based on individual circumstances and information they provide, that will lead U.S. consular officers at posts around the world to conclude the applicant warrants enhanced screening that takes into account the information that is proposed to be collected."

"Regarding travel history, applicants may be requested to provide details of their international or domestic (within their country of nationality) travel, if it appears to the consular officer that the applicant has been in an area while the area was under the operational control of a terrorist organization as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act, 8 U.S.C. 1182(a)(3)(B)(vi). Applicants may be asked to recount or explain the details of their travel, and when possible, provide supporting documentation."

"This information collection implements the directive of the President, in the Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security of March 6, 2017, to implement additional protocols and procedures focused on ‘‘ensur[ing] the proper collection of all information necessary to rigorously evaluate all grounds of inadmissibility or deportability, or grounds for the denial of other immigration benefits.’’ 

Extreme vetting or enhanced screening protocols will not apply to all visa applicants, but to select ones, who present potentially a "threat profile".

In Russian:

В исполнение указа президента США от 6 марта 2017, Госдеп США опубликовал план новой программы усиленной проверки подозрительных заявителей на визу, так называемых "threat profiles".

Усиленной проверке будут подвергаться не все заявители на визу, а выборочная группа лиц. Например, лица, которые подозреваются в связи с террористическими организациями, которые путешествовали в старын или регионы, где такие группы существуют.

По расчетам Госдепа США, такх лиц наберется около 65 000 в год, то есть пока они не собираются применять эти меры ко всем заявителем на визу.

4 мая 2017 Госдеп опубликовал новый список мер: 

• Требование предоставить историю поездок за границу за последние 15 лет.
• Возможны детальные расспросы о поездках на интервью на визу, и затребование документов.
• Все адреса проживания за последние 15 лет.
• Трудовая история за последние 15 лет.
• Все номера паспортов и страны выдавшие паспорта
• Имена и даты рождения всех братьев и сестер.
• Имена и даты рождения всех детей, вне зависимости от возраста, проживания
• Имена и даты рождения всех бывших мужей и жен. А также всех гражданских жен и мужей (это совершенно новое требование, которое может быть истолковано очень широко)
• Все ваши аккаунты на социальных платформах social media accounts, которыми вы пользовались в последние 5 лет. (Они пока не указывают, что будут тредовать пароль или доступ, а только указать имя на аккаунте)
• Все номера телефонов и email addresses, которыми вы пользовались в течение последних 5 лет.

Prospective students, considering enrollment into one of the colleges or universities in the United States and subsequent application for a F-1, international student visa, can use a helpful and up-do-date online tool at the official U.S. Department of Homeland Security website.

Here, you can find currently SEVP-certified school, information about SEVIS, F-1 visa for a foreign student, M-1 visa, and much more.

You can use the School Search Map to find Student and Exchange Visitor Program (SEVP)-certified schools and programs eligible to enroll F-1 and M-1 students in the United States.

You can search by school name, location, education or visa type. 

​The complete list of certified schools is here.

In Russian:

Как получить студенческую визу в США?

Наши клиенты нередко задают нам этот вопрос. Прежде чем подавать заявление на студенческую визу, вам следует определиться с универсттетом или колледжем, программой, стоимостью обучения и проживания.

Помните, что только аккредитованные колледжи и университеты имеют право выдавать официальную форму I-20, которая затем вам позволит получить студенческую визу. Поэтому один из первых шагов: проверьте, является ли ваш колледж аккредитованным, и сможете ли вы получить студенческую визу через этот колледж. Если нет, продолжайте поиск. Другой колледж в том же штате, или в другом штате может предлагать подобную программу обучения, и стоимость обучения и проживания тоже может отличаться в несколько раз.

Помните, что студенческую визу можно получить и на курсы обучения английского, так называемые языковые курсы ESL English as a Second Language.

Официальный государственный вебсайт, где можно проверить аккредитацию колледжей и университетов тут.

​Список аккредитованных школ можно проверить на вебсайте DHS тут.

 National Visa Center / AILA DOS Liaison Committee Meeting on November 3, 2016 in Portsmouth, NH

​SUBMITTED QUESTIONS & ANSWERS can be viewed here or posted below.

1. Policy Clearances.

Some countries will only send police clearances directly to the Embassy/ Consulate (e.g. Hong Kong). How NVC is notified that when Embassy/ Consulate has received the required police clearances so that an appointment can be scheduled? How are attorneys/applicants notified? RESPONSE: 9 FAM 504.4-4(A) outlines the basic document requirements for the immigrant visa process. The Visa Reciprocity Schedule provides further clarification as to availability of documents in a particular country. NVC uses the Reciprocity Schedule during the collection process to determine whether or not an applicant needs to submit the police certificate to NVC for review. If the Reciprocity Schedule indicates the local police authority sends the document directly to the Consular Section, NVC will not request a copy of the document from the applicant and will set an appointment when the case is otherwise documentarily complete. The attorney/applicant should ensure the police certificate is sent to the Consular Section prior to the interview. The Consular Officer overseas will determine the acceptability of the document at the time of adjudication. Please check travel.state.gov, post supplements and post websites for additional guidance.

2. Document Checklists.

Attorneys report that they continue to receive checklists from NVC asking for documents that have already been submitted. Should attorneys resend the same documents to NVC? Or should they send an email to [email protected] to request clarification? RESPONSE: When NVC sends a checklist letter for a document already submitted, please respond to NVC’s concerns by providing a written explanation to the [email protected] mailbox. NVC will re-review the case file in an attempt to locate the document and update the case record accordingly. If attorneys or applicants receive a checklist letter after an appointment has been made and the case has gone to post, applicants should make sure to bring copies of the items requested in the latest or final checklist letter.

3. Civil Documents.

Please confirm NVC’s requirements regarding translation of civil documents. For example, are translations required where the document is to be sent to a post where consular officers speak the language in which the documents are written? Where can applicants find information as to which documents require translations? RESPONSE: All documents not written in English or the official language of the country in which you are applying for a visa must be accompanied by certified translations. The translation must include a statement signed by the translator stating that the: Page 2  Translation is accurate and  The translator is competent to translate. Some embassies or consulates may have additional requirements. Applicants should always follow the documentary instructions on the embassy or consulate’s interview instructions on travel.state.gov.

4. CSPA.

It appears that NVC generally does not issue fee bills to dependent children who have turned 21, as they are not able to determine whether the child can benefit under CSPA when the priority date is not current. Often, these children will not age out until 1-2 years in the future; however, if the attorney waits until the priority date is current to request the child’s fee bill, valuable time is lost from the time the fee bill is requested to the time it is actually issued and paid. As such, would NVC consider issuing fee bills for such dependent children when the fee bills are issued for the rest of the family? Allowing the child’s immigrant visa (IV) fee to be paid before the CSPA age is determined by the consular officer at the IV interview would enable the dependent child to “seek to acquire” and potentially lock in their CSPA age, prevent delays for the rest of the family’s IV interviews, ensure that the child is able to immigrate with the rest of the family, and prevent NVC from receiving an influx of fee bill requests when priority dates advance. AILA understands that there may be some cases where the fee bill is paid but the child ages out before the priority date becomes current but notes that most in this situation would opt to pay the fee bill to lock in the CSPA age despite this risk. AILA has raised this with NVC in the past but has not received a final answer from the NVC or Visa Office; as such, please confirm whether DOS has made a decision on whether to issue fee bills to such dependents and allow them to potentially lock in their CSPA age when their parent is current under the Filing Date chart. RESPONSE: The Visa Office and NVC are currently examining CSPA guidelines, including the question of whether or not NVC would be able to issue an IV fee bill in these circumstances.

5. Duplicate Notices.

AILA has received reports from members regarding approved I-730 cases where the attorney and applicant are getting identical approval/transfer notices from NVC at least every other, and sometimes twice a day. Is NVC aware of this issue and if so, is there a reason for the duplicate notices? RESPONSE: Yes, the public made us aware of this issue and we were able to quickly address the underlying technical issue. We appreciate AILA’s regular feedback on these types of issues. Individual attorneys experiencing potential computer errors can use the attorney email, [email protected], to provide feedback. For online issues with CEAC or CTRAC, we recommend providing screenshots of any error messages or incongruities. Page 3

6. Transfer Issues – Tajikistan and Kyrgyzstan. AILA members representing nationals of Tajikistan are receiving notices explaining that their cases have been transferred to Bishkek, Kyrgyzstan with new case numbers reflecting the change. However, the Bishkek Embassy’s website indicates that they do not process immigrant visas. Additionally, the Dushanbe Embassy’s website still states that all immigrant visas are processed via Almaty, Kazakhstan. Has there been a change in processing for Tajik cases? Will all Tajik cases be processed through Bishkek or will processing in Almaty continue for some cases? RESPONSE: The U.S. Embassy in Bishkek will begin accepting IV cases from NVC in November 2016. With this launch in mind, NVC is beginning to assign Kyrgyz applicants to process in Bishkek, instead of Almaty. Bishkek’s website is currently under construction to add IV processing information, and interview instructions for Bishkek will soon be available on travel.state.gov. Tajikistani applicants, however, will continue to process in Almaty, Kazakhstan. If you’ve received notification indicating that a Tajikistani’s case was transferred to Bishkek, we’d appreciate receiving case specific information via [email protected] so we can investigate further.

7. Affidavit of Support. An affidavit of support sponsor is permitted to supplement their income with proof of assets to make up any shortfall of income to meet the affidavit of support requirements. Despite providing proof of value, equity, and ownership of assets, NVC seems to regularly deem the affidavit of support inadequate. Does this information need to be provided to NVC, or can it instead be brought to the interview? RESPONSE: NVC will assess affidavits of support based on the income information provided by the petitioner. As a matter of procedure, NVC staff will not consider proof of assets that were submitted to supplement petitioner income. In any situation where the petitioner’s income does not overcome poverty guidelines, NVC will send an assessment letter suggesting that the applicant bring a joint-sponsor document or other proof of income/assets to the IV appointment. It is important to note that this NVC-generated assessment letter will not hold up the qualification of the case for appointment at post. As mentioned in the assessment letter, applicants should bring any completed joint-sponsor documents, as well as proof of petitioner assets to the immigrant visa interview, where the consular officer will make the final determination regarding the affidavit of support and whether the supporting income and asset documents overcome poverty guidelines.

8. Modernized Immigrant Visa (MIV) Process

a. We understand that the Consular Electronic Application Center (CEAC) has been undergoing significant program developments. Please provide an update on the implementation of the Modernized Immigrant Visa (MIV) application process at the initial six pilot posts. RESPONSE: The Bureau of Consular Affairs is planning a spring 2017 release of a new CEAC module for IV applicants on a pilot basis. This module will feature:  Online submission of financial and civil documents;  The ability to add or remove derivative applicants online;  The ability to change derivatives from accompanying to follow-to-join online; Page 4  NVC feedback and status updates provided electronically; and  Online case follow-ups to avoid entering termination status – you no longer need to call or email us once per year, you can simply log into CEAC to prevent your case from entering termination. We will pilot this new module with six embassies and consulates (Montreal, Rio de Janeiro, Buenos Aires, Frankfurt, Sydney, and Hong Kong). b. We also understand that the second phase of the MIV was scheduled to take place in mid- 2016 at six additional posts with lower Internet penetration and where applicants have greater reliance on third-party assistance in order to evaluate the robustness of the CEAC system and its ability to respond to a variety of situations. Please provide an update on the results, to date, of this second phase. RESPONSE: In September 2016, we added eight posts to our electronic processing pilot: Addis Ababa, Baghdad, Guatemala City, Kiev, Monrovia, Phnom Penh, Tegucigalpa, and Tashkent. Applicants processing at these embassies now have the option to e-mail their documents to the [email protected] mailbox rather than mailing hard copies to NVC. We scheduled interviews for the first round of electronic cases at these posts in November. If you have clients from one of these posts, please encourage them to join email processing. Customer tip: Applicants who submit documents via email should not also mail them; that can delay case review. c. What is the current target date for worldwide deployment of MIV processing? RESPONSE: It is too early to give a definitive date for worldwide deployment at this time. We hope to be able to answer this question after our planned pilot in spring 2017.

9. NVC Operations

a. We understand that the NVC is transitioning from a paper warehouse to a customer service center and as part of this process; teams of regional experts have been created to identify and respond to obstacles confronting visa applicants. Please provide an update on the activities of regional teams. Are there any plans to extend this model to the non-immigrant visa application process? RESPONSE: NVC Post Liaisons act as the intermediary between consular sections worldwide and NVC’s regional processing teams. They communicate trends, guidance, interview capacity, and other processing updates between the regional teams and the posts served. Post Liaisons have a thorough understanding of IV processing at posts overseas. They also work with posts to ensure public information is up-to-date and understandable. We are always looking at the service we provide and considering ways to improve customer service. Thank you for the suggestion. b. We understand that NVC added a consular officer to its staff in the fall of 2015 in order to facilitate the relationship between NVC and overseas posts. Has this addition yielded the expected results? RESPONSE: NVC added a consular officer position to its staff in the fall of 2015 to Page 5 serve as the Government Technical Monitor (GTM) of its Case Processing and Document Review units. In addition to providing oversight and IV expertise from the field, the consular officer oversees the new Post Liaison program, described above. c. What is the role of the subject matter expert assigned to the customer service division? RESPONSE: NVC added a consular officer position to its staff in summer 2015 to serve as Government Technical Monitor (GTM) of its Telephone Inquiry and Written Correspondence units. In addition to providing oversight and IV expertise from the field, the consular officer oversees the Special Immigrant Visa (SIV) program and monitors compliance with Personally Identifiable Information (PII) regulations and Freedom of Information Act (FOIA) requests. d. Please confirm the current timeframe for the following: i. How long it takes to receive a file from USCIS after approval of an immigrant petition; RESPONSE: It can take up to six weeks to receive a case from USCIS. ii. How long it takes to enter data in the NVC system once a file is received from USCIS; RESPONSE: As of October 28, 2016, it takes seven business days. iii. How long an applicant should wait after approval of a petition by USCIS before inquiring about the status of the application with the NVC; and RESPONSE: We recommend waiting up to six weeks after receiving notice of petition approval before inquiring with NVC. iv. How long it takes for an applicant or attorney to receive a response from [email protected]; or [email protected]. RESPONSE: As of October 28, 2016, it takes five business days to respond to emails submitted to the [email protected] mailbox and five business days to respond to inquiries sent to the [email protected] mailbox. Please keep in mind that processing timeframes and inquiry response times change weekly based on the quantity of questions and casework received at NVC.

10. Inquiring on Pending Cases

a. At our last meeting, NVC provided the following process for attorneys to inquire about cases pending with NVC. When inquiring about a case, send an e-mail to [email protected]. If you do not receive a response within 15 days, send a second follow-up e-mail to [email protected]. If you still don’t receive a response after 15 days, send a third e-mail to [email protected], with “Attention PI Supervisor” in the subject line. You should receive a response from the PI Supervisor within 5 to 7 business days. Page 6 Are there any changes to this escalation protocol? RESPONSE: Given that we are now responding to attorney e-mails well within one week, we have revised the guidance as follows: When inquiring about a case, send an e-mail to [email protected]. If you do not receive a response within eight days, send a second follow-up e-mail to [email protected]. If you still don’t receive a response after eight days, send a third e-mail to [email protected] with “Attention PI Supervisor” in the subject line. You should receive a response from the PI Supervisor within five to seven business days. b. We understand that NVC receives telephone inquiries regarding processes and procedures relating to the nonimmigrant visa application process. This role is confined to providing general application information, directing applicants to the appropriate consulate web page, identifying the status of an application at a post, and informing applicants of a visa refusal. Are there any plans to expand the role of NVC in the nonimmigrant visa application process? RESPONSE: There are no plans to expand our role at this time.

11. DS-260. Are any planned updates for Form DS-260?

RESPONSE: There are no planned updates for the Form DS-260 at this time.

12. Attorney as Agent.

If an attorney is designated as an agent, is it also necessary to have a Form G-28 on file in order to be able to communicate with NVC on behalf of the visa applicant? RESPONSE: As an attorney, you can either file a Form G-28 or submit a signed statement on your law office letterhead that indicates you are now representing the beneficiary. We accept both of these items as proof that there is an attorney-client relationship, and either can be submitted to [email protected].

13. Revoked I-130s

After Death of USC Spouse Petitioner. AILA has recently received reports of certain I-130 petitions being revoked erroneously after the death of a United States Citizen (USC) petitioner (examples available upon request). Pursuant to 8 CFR 204.2(i)(1)(iv), a visa petition previously approved to classify the beneficiary as an immediate relative spouse of a USC should automatically convert to an approved Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant. Examples are submitted for your review at Appendix A. As a result, I-130 petitions that fall into this category should not be revoked. Although these cases are being revoked by USCIS, they are being sent for revocation to USCIS by the NVC. Is the NVC aware of this issue? If a case is erroneously sent for revocation and an attorney/beneficiary receives notice of such a transfer and/or revocation, what is the process to resolve this error and ensure that the case is properly converted to an I-360 as noted in 9 FAM 502.1-2(C)(c.)(2)? RESPONSE: Thank you for your feedback. You are correct that many IR1/CR1 (and in some circumstances IR2/CR2) cases are eligible for automatic conversion to I-360. Page 7 NVC has an existing procedure in place that converts these petitions upon notification of the death of the petitioner. Thank you for providing examples of cases where AILA believes a petition should have been automatically converted. We note that 8 CFR 204.2 (i)(1)(iv) and 8 CFR 204.2(b)(1) set requirements for automatic conversion. Depending on the facts of the case, if there is a question about whether these requirements were met, the appropriate course of action may be to send a petition to USCIS for review and possible revocation. It is especially difficult for us to determine that a petition was returned to USCIS in error where USCIS in fact revoked the petition. We understand from previous discussions that AILA also intended to raise this issue with USCIS. We look forward to learning USCIS’ response and with this clarity will work to ensure interagency consistency. With respect to the specific examples, we will work with the Visa Office and respond directly to the inquiring attorney. If you encounter similar cases, please send an email with case specifics to [email protected] with “Attention PI Supervisor” in the subject line and we will review the issue for you. 

Please see here or here.

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

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

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

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

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

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

Petition Type Current Fee Proposed Fee

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

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

​

U.S. Customs and Border Protection launched today the redesigned website for Visa Waiver Program (VWP) visitors to apply for an Electronic System for Travel Authorization (ESTA) prior to traveling to the United States. The new website makes the process of applying for an ESTA more user-friendly and will improve and better facilitate the experience for VWP travelers wishing to visit the United States. 

Some of the new and updated features include:

• Access to frequently asked questions at any time during the application process.
• Mobile-friendly design allows VWP visitors to apply and check the status of their ESTA using their smartphones.
• Users will be able to translate the page into a different language at any point in the application by choosing one of the 23 languages in the language selector.
• The Group feature has been moved to the beginning of the application process making it easier for families and groups to submit their applications at once.

VWP visitors who have already applied for an ESTA using the old site will be able to access their ESTA on the new site. Travelers with a valid ESTA will not have to reapply for a new ESTA until their current ESTA expires or they receive a new passport.
CBP reminds VWP visitors that ESTA applications can only be submitted through the official website. ESTA is not affiliated with any third-party sites. CBP recommends ESTA applications be submitted as soon as an applicant begins making travel plans.
The VWP enables nationals of 38 designated countries to travel to the United States for tourism or business purposes for stays of 90 days or less without first obtaining a visa. All nationals or citizens of VWP countries are required to have an approved ESTA prior to boarding a carrier to travel by air or sea to the United States under the VWP. ESTA applications should be submitted at least 72 hours before travel, and once approved, will generally be valid for up to two years or until the applicant’s passport expires, whichever comes first. Authorizations will be valid for multiple entries into the United States.

New redesigned VWP ESTA website at: https://esta.cbp.dhs.gov/esta/

On September 09 2015, USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status.

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better connect USCIS procedures with the US Department of State (DOS) procedures, which are used for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015. 

What is Changing.

Starting October 1, 2015, you will be able to submit your application for adjustment of status or for an immigrant visa before your priority date is current. 

Two charts per visa preference category will be posted in the DOS Visa Bulletin:

• Current priority dates for particular visa categories; and
• The earliest dates for filing application for adjustment of status (earliest dates when applicants may be able to apply).

See October 2015 Visa Bulletin here. However, the priority dates in the Visa Bulletin can retrogress in November. Consult an attorney about your specific case so you won't miss the opportunity of applying earlier.

When filing an application for adjustment of status, I-485, an applicant can concurrently file an application for a work permit and advance parole. This is great news for many immigrants waiting for many years for their priority dates to become current. However, it's a good idea to consult an immigration attorney before applying.

Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. Applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status.

To determine whether additional visas are available, USCIS will compare the number of visas available for the remainder of the fiscal year with:

• Documentarily qualified visa applicants reported by DOS;
• Pending adjustment of status applications reported by USCIS; and
• Historical drop off rate (for example, denials, withdrawals, abandonments).

About the Visa Bulletin.

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date.

• The priority date is generally the date when the applicant’s relative or employer properly filed the immigrant visa petition on the applicant’s behalf with USCIS. If a labor certification is required to be filed with the applicant’s immigrant visa petition, then the priority date is when the labor certification application was accepted for processing by Department of Labor.
• Availability of an immigrant visa means eligible applicants are able to take one of the final steps in the process of becoming U.S. permanent residents. 

Read more here.  

In Russian: 

Российская газета "Новые Известия" опубликовала дельную статью про опасность "бесплатных юридических консультаций". Журналисты проинтервьюировали некоторых моих московских партнеров и коллег. 

Как известно, бесплатный сыр бывает только в мышеловке. Ты получаешь то, за что заплатил.

Хороший компетентный и этический адвокат НЕ будет предоставлять консультацию (давать юридический совет) бесплатно. В оказании юридических услуг самое главное - это получить правильный совет и знать что делать и как поступить.  

Среди "юридических фирм" и "иммиграционных консультантов" попадается немало мошенников или недобросовестных и малограмотных "специалистов". Особенно много вебсайтов на интернете, которые в поисковике выходят в самом начале как реклама (так как вебсайт платит за такое выгодное размещение) и нелицензированных "иммиграционных консультантов" или "нотариусов", которые предлагают "первую" консультацию бесплатно и готовы перезвонить потенциальному клиенту в течение 5 минут. Что следует дальше, об этом люди не задумываются. А им навязывается контракт на завышенную сумму, с ненужными сервисами или предлагаются ненужные или вредные для дела действия (которые дорого стоят). После предоставления бесплатной консультации, такому специалисту ведь нужно как-то заработать на клиенте (на которого было потрачено время) -- если уж не брать оплату за консультацию, то ее используют как ловушку для доверчивых граждан, готовых повестись на обман.

Следует иметь в виду, что хороший опытный адвокат не будет и не имеет права давать "гарантии" успеха или гарантии выигрыша вашего дела. Опытный адвокат ценит свое и ваше время, и для того, чтобы проконсультировать клиента ей/ему нужно изучить ваши обстоятельства и проанализировать возможные варианты и осложнения перед тем как давать платный (ни в коем случае не бесплатный совет). 

Хорошая статья обо всем этом в Новых Известиях, с консультациями моих Московских партнеров и коллег.