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

DHS Reported Record Number of Overstays in FY 2022

7/7/2023

The Department of Homeland Security (DHS) has recently published an overdue overstay report showing that more than 850,000 foreign visitors overstayed their authorized stay in FY2022, which is probably a record high. A more detailed analysis of the numbers is forthcoming, but here are the highlights:

The total overstay rate for 2022 was 3.64 percent, which is more than double the rate of recent years.
Approximately 98,000 visitors who entered under the Visa Waiver Program (VWP), which allows visa-free travel for short-term visitors from low-risk countries, overstayed in 2022. The country with both the largest number and highest rate of VWP overstayers was Spain, with 28,356 overstays and a rate of 5.6 percent, which could trigger corrective measures.
The largest number of short-term visitor overstays from non-VWP countries came from Venezuela. About 173,000 Venezuelans overstayed during the year -- which is about 94 percent of the visitors. This is because the Biden administration has allowed Venezuelans to enter and receive Temporary Protected Status, a designation that includes a work permit.
The next largest number of overstays by short-term visitors are citizens of Mexico, with approximately 124,000 overstays, at a rate of 3.5 percent.
For the first time, DHS broke down the overstay rates for the three sub-categories of student/exchange visas. Vocational school students had the highest overstay rate of the three (9.1 percent). Exchange visitors overstayed at a rate of 5.6 percent, and university and other traditional students overstayed at a rate of 4.1 percent.
Just over 9,000 citizens of China overstayed on student or exchange visitor visas, representing more than 16 percent of all student/exchange overstays.
The largest number of overstays in the category that includes temporary workers came from Mexico (131,000) and India (5,800).

Visa overstays are a significant contributor to our nation's illegal immigration problem, and improving the situation requires a multi-pronged approach. The State Department will be required to adjust visa issuance standards in certain countries and in certain visa categories, to reflect overstay risks. Sponsors and employers of students and workers that produce disproportionately high numbers of overstays might be barred from participating in visa programs. ICE can be directed to expand enforcement programs that target overstays. Congress will continue to press DHS to build the biometric entry-exit system that will help maintain the integrity of the visa programs.

Read more here.

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

4/5/2023

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

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

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

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

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

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

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

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

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

Последний раз цены были повышены в 2014 году.

Please read more here.

Humanitarian Assistance to Ukrainian Citizens Update from the U.S. Embassy in Poland

3/10/2022

HUMANITARIAN ASSISTANCE

Гуманитарная помощь украинским гражданам - информация от посольства США в Варшаве, Польше от 9 марта 2022.

США по прежнему не принимает беженцев из Украины. Если вы хотите получить статус беженца, вы должны обращаться в организации по расселению беженцев в Польше и других странах Европы.
Если вы подаете на гостевую визу - это не на статус беженца. У вас не будет пути на получение грин карты и гражданства, за некоторыми исключениями. Это только временное пребывание в США сроком до 6 месяцев.
Посольство США сообщило, что они могут выдать неиммиграционную гостевую визу ДАЖЕ ПРИ ОТСУТСТВИИ ПАСПОРТА! Консул сообщит детали во время интервью.
Вы можете подлать на визу жены или ребенка или родителя американского гражданина в посольстве США напрямую (this applies only to U.S. citizens filing petitions for their spouses, unmarried children under 21 and parents), но не можете это сделать по визе невесты, K-1 visa, петиция на визу невесты по прежнему подается через USCIS.

If you are seeking information about immediate humanitarian assistance in Poland:

Almost all refugee cases in countries abroad are processed by local authorities, in this case the government of Poland.
Ukrainians should not contact the authorities of the United States or attempt to apply for visas in order to travel to the United States as refugees–such travel is not possible. They should contact the authorities of Poland. Contact information is below.
Almost all refugee cases in countries abroad are first processed by local authorities, in this case the government of Poland.
Please visit the government of Poland webpage for information about resources: https://www.gov.pl/web/udsc/ukraina-en. This website provides the locations of official reception points along Poland’s border with Ukraine.
Additional information is available from the United Nations Refugee Agency (UNHCR): https://help.unhcr.org/poland/, including information about non-governmental organizations that may be able to provide additional assistance.
In Warsaw, those seeking information on support from the Polish government can direct inquires to the Office for Foreigners (Urząd do Spraw Cudzoziemców).
- Phone: +48 47 721 75 75,
- Web: https://www.gov.pl/web/udsc/ukraina

VISA SERVICES IN POLAND

IMMIGRANT VISAS
If you are a U.S. citizen or Legal Permanent Resident with a Ukrainian relative seeking to travel to the United States on an immigrant visa:

If you have an I-130 petition approved by USCIS pending processing at the National Visa Center (NVC) and want to transfer it to another Embassy, the designated processing post for Ukrainian Immigrant Visas is United States Consulate General Frankfurt, Germany: https://de.usembassy.gov/ukrainians-in-germany/. You may request expedition and transfer from the National Visa Center: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html
If you have not yet filed a petition but wish to do so, you may contact U.S. Consulate General Frankfurt to inquire regarding possible local filing (this applies only to U.S. citizens filing petitions for their spouses, unmarried children under 21 and parents). Both the petitioner and the applicant must be present in Germany.
If you have an immigrant visa case that has already been transferred from NVC to Kyiv for the appointment and processing and you would like it to be processed in Frankfurt, please send an email request with your case number (KEV+10 digits) to U.S. Consulate General Frankfurt.
If you are already in Poland, cannot travel to Frankfurt, and have an I-130 petition approved by USCIS pending processing at the National Visa Center and want to transfer it to U.S. Embassy Warsaw, you may request expedition and transfer from the National Visa Center: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html.
If you have not yet filed a petition, wish to do so, cannot travel to Frankfurt, and wish to file at U.S. Embassy Warsaw, you may email [email protected] to inquire regarding possible local filing. (this applies only to U.S. citizens filing petitions for their spouses, unmarried children under 21 and parents). Both the petitioner and the applicant must be present in Poland.
If you have a question about an immigrant visa case that is already in process at U.S. Embassy Warsaw, please email [email protected].

If you are a U.S. citizen with a Ukrainian fiancée/fiancé seeking to travel to the United States on a K1 visa:

If you have already filed a petition with United States Citizenship and Immigration Services (USCIS) that was not yet approved, U.S. law prohibits U.S. embassies from accepting K visa petitions (I-129F) for local filing abroad. USCIS must first approve K visa petitions. However, you can request an expedite for USCIS processing at https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

NONIMMIGRANT VISAS
Before applying for a nonimmigrant visa, consider carefully whether you are qualified for the visa you intend to apply for. Nonimmigrant visas are for temporary stays in the United States and are not for refugees. There are no nonimmigrant visas available for refugees. If you apply for a nonimmigrant visa but do not intend to leave the United States, your application will be refused.
There are no “walk-up” appointments available at U.S. Embassy Warsaw or U.S. Consulate General Krakow. You must have an appointment in advance in order to interview for a visa.
If you are not qualified for a nonimmigrant visa, you may wish to refer to the humanitarian assistance information above.
If you are a Ukrainian who wants to travel to the United States or a U.S. citizen who has friends, business associates, or NON-IMMEDIATE family who want to travel to the United States on a nonimmigrant visa you should go to https://www.ustraveldocs.com/pl/en/nonimmigrant-visa and schedule your appointment:

Demand is extremely high, availability is low, and wait times and processing times are likely to be very lengthy. You may wish to refer to the humanitarian relief information above.
If you already have an appointment at U.S. Embassy Warsaw but wish to expedite it, you may request expedition via https://www.ustraveldocs.com/pl/en/expedited-appointment.
If you already began a nonimmigrant visa application process in Ukraine, you may send a request to [email protected]to ask for transfer of your “profile” to Warsaw or Krakow, after which you should be able to continue the process for an appointment in Poland. Please note that a visa fee paid in Ukraine cannot be transferred and that it is necessary to pay a new fee in Poland after a profile is transferred. If you are seeking but do not already have an appointment visit https://www.ustraveldocs.com/pl/en/step-4 and sign up for the first available appointment of the type you are eligible for.
If you do not have all your documents available, for example a passport, you may apply without these documents. A Consular Officer will inform you of any required next steps as part of the visa decision. (Edit 03/14/2022: as was explained by the US embassy in another EU country, a valid and unexpired "passport book" (not a biometric card) is still required for any US visa to be issued and for travel to the United States).

If you are a Ukrainian with a U.S. citizen/Legal Permanent Resident (LPR) spouse or parent and are seeking to travel to the United States on a nonimmigrant visa for temporary stay please visit https://www.ustraveldocs.com/pl/en/nonimmigrant-visa to schedule an appointment.

Select the “Ukrainian with U.S. citizen or Legal Permanent Resident immediate family” category in step 3 when scheduling your appointment.
- This category is only for a spouse or child of a U.S. citizen or Legal Permanent Resident.
If you are unable to schedule an appointment via the methods described above, you may instead request a “group appointment” via https://ustraveldocs.com/pl/en/group-appointments and suggest a date convenient for you. Once you have submitted your request, please wait for a response from the Embassy, which will come via email and should permit you to schedule an appointment.
- The group appointment option is only available for a U.S. citizen or LPR with a Ukrainian spouse or child. Other applicants who apply for the group method will be declined.
Read at https://pl.usembassy.gov/visas/humanitarian-assistance-and-visa-information-for-ukrainians/

Nonimmigrant visa fee to USA for citizens of Russia

3/1/2019

C 4 марта 2019 сбор за визу в США для россиян будет 160 долл. США за все виды виз, выдаваемых в соответствии с двусторонним Соглашением 2011 года об упрощении визовых формальностей.

Недавно сбор за визы был увеличен. Но теперь с 4 марта сбор возвращается к старой сумме 160 долларов США.

As was announced on March 1, 2019, starting on March 4, 2019, a visa fee for most nonimmigrant visas issued at the US Consulates in Russia will be reduced to US$160 (the fee was recently changed, but will be back to $160 effective 3/4/19).

Сообщение МИД России тут.

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

1/13/2019

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

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

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

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

How to Check a Non-Immigrant Visa Appointment Wait Times at U.S. Embassies and Consulates?

1/10/2019

How to Check a Non-Immigrant Visa Appointment Wait Times at Different U.S. Embassies and Consulates Around the World?

If you plan to apply for a nonimmigrant visa to come to the United States as a temporary visitor, please review the current wait time for an interview using the tool at the link below. Examples of nonimmigrant visas: student F-1, visitor B-1/B-2, exchange visitor J-1, H-1B, L visa, etc.

Please note that K-1 fiancee visa is a nonimmigrant visa which has its own scheduling system because it is processed at the Immigrant Visa Unit of the U.S. embassy or consulate.

Click here for visa appointment times.

To schedule a consultation with an attorney, please email.

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

4/14/2018

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

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

All other visa restrictions outlined in P.P. 9645 remain in effect. (On December 4, 2017, the U.S. Supreme Court granted the government’s motions for emergency stays of preliminary injunctions issued by U.S. District Courts in the Districts of Hawaii and Maryland. The preliminary injunctions had prohibited the government from fully enforcing or implementing the entry restrictions of Presidential Proclamation 9645 (P.P.) to nationals of six countries: Chad, Iran, Libya, Syria, Yemen, and Somalia.

Per the Supreme Court’s orders, those restrictions will be implemented fully, in accordance with the Presidential Proclamation, around the world, beginning December 8 2018.

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

See more here.

Update on a Visa Waiver Program

12/22/2017

On December 15, 2017, the USCIS (DHS) announced that it would implement enhanced security measures for the Visa Waiver Program as part of the administration’s ongoing counterterrorism efforts.

The Visa Waiver Program allows certain citizens of 38 countries to travel to the United States for tourism or business purposes for up to 90 days without a visa. Visa Waiver Program countries include many European countries, Australia, New Zealand, South Korea, Singapore, and Japan. To be eligible for the Visa Waiver Program, a foreign national from one of the 38 designated countries must meet the following general requirements:

possess an e-Passport (i.e., an enhanced secure passport with an embedded chip containing the individual’s biographic information);
have applied for and received advance authorization through DHS’s Electronic System for Travel Authorization (ESTA) prior to travel;
have not traveled to or been present in Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011 (with limited diplomatic or military exceptions); and
not be a dual national of a Visa Waiver Program country and Iran, Iraq, Sudan, or Syria.

The new restrictions on a Visa Waiver Program 12/15/2017: no implementation timeline was announced yet.

(1) Visa Waiver Program countries must begin utilizing U.S. counterterrorism information to screen all travelers entering those countries from elsewhere.

(2) Airports in eligible countries must also utilize the same U.S. data to screen their own employees as a means of safeguarding the United States against threats by foreign airport workers.

(3) DHS will focus on limiting the number of Visa Wavier Program travelers who overstay their maximum-allowed 90-day admission period. DHS will attempt to force countries with overstay rates of 2 percent or greater to conduct public awareness campaigns for their citizens, to educate them not to overstay, not to work without a work authorization, and about the penalties (unable to change status, adjust status, ban on future travel to USA). According to DHS data for FY 2016, only four countries out of 38 Visa Waiver countries currently meet the 2 percent threshold: Hungary, Greece, Portugal, and San Marino.

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

12/8/2017

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

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

US Dept of State: travel ban CHART.

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

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

Questions and Answers:

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

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

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

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

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

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

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

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

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

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

12/5/2017

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

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

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

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

General Rules:

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

Previously-Impacted Countries – Restrictions Effective Immediately:

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

Newly Impacted Countries (Added):

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

Waivers:

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

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

Travel Risks for People from Affected Countries with Valid Visas:

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

Decline of International Foreign F1 Students Enrollment in US Universities: 7 Percent in 2017

11/13/2017

The 2016-2017 report revealed that first-time international students dropped 3 percent, indicating that the decline had begun before current president took office. The number of newly arriving international students declined an average 7 percent in fall 2017, with 45 percent of campuses reporting drops in new international enrollment, according to a survey of nearly 500 campuses across the country by the Institute of International Education.

The decline is much more serious in some Midwestern colleges and universities. At the University of Iowa, overall international enrollment this fall (2017) was 3,564, down from 4,100 in fall of 2015. Iowa primarily lost Chinese students.

The University of Central Missouri experienced a sharp decline this year in students from India. In the fall of 2016, the Warrensburg, Missouri, university had 2,638 international students. This fall (2017) it has only 944 international student. It's a big financial impact on the university.It’s a mix of factors. Concerns around the travel ban had a lot to do with concerns around personal safety based on a few incidents involving international students, raise in hate crimes, crimes against foreigners, and a generalized concern about whether they’re safe. Another reason for the decline is increasing competition from colleges and universities in other English-speaking countries, such as Canada, Britain and Australia. Read more here.

On a separate note, it became increasingly difficult to get approval of the Change of Status from B2 visitor to F1 foreign student through USCIS (for those prospective student who arrived in the United States as visitors or tourists). Processing times increased by many months, which results in students being too late to start the semester, losing their status and wasting time and money.

Since September 1, 2017, a new 90-day rule took effect (90 days fraud or misrepresentation rule), which also affected those applying for a change of status: with long waiting time, students are expected to wait at least 90 days before they file an application for a change of status. (We posted about 90-day rule here and here ).

In summer 2017, DHS announced their intention to change the rules to require foreign students to re-register with USCIS every year, which will make study in the USA more expensive, cumbersome, and unnecessarily complicated.

As a result, the best option for many students is to apply for a F-1 student visa abroad at the U.S. embassy or consulate in their home country. There is always a risk of denial and no visa can be guaranteed, however, at present time (2017-2018), a bona fide student with sufficient funds and ties to his home country stands a better chance of approval through consular processing rather than applying for a change of status through USCIS Department of Homeland Security.

Travel Ban 3.0 or Muslim Ban Revised: Presidential Proclamation September 24 2017

9/28/2017

On September 24, 2017, the White House issued a Presidential Proclamation which replaced expiring portions of the President's March 6, 2017 Executive Order, Travel Ban 2.0, and expanded the list of the banned countries to eight.

The following eight countries are now subject to travel restrictions (travel ban): Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, Somalia.

There was no clear explanation why the U.S. ally in Africa, Chad, was added to the list of the banned countries.

Iraq and Sudan were removed from the travel ban list, but the Proclamation Travel Ban recommends “additional scrutiny” for nationals of Iraq and Sudan.

This travel ban applies differently to citizens of different banned countries:

** Citizens of North Korea are barred from all types of immigrant and nonimmigrant entry into the United States;

** Citizens of Chad are only barred from entering on immigrant visas and on non-immigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas; and

** Citizens of Iran are barred in all immigrant and nonimmigrant categories except for student (F and M) and exchange visitor (J) visas. Therefore, it is expected that visa issuance and entry in categories not subject to the ban will continue uninterrupted.

The Proclamation Travel Ban goes into effect on different dates for different countries.

For foreign nationals already subject to the Travel Ban 2.0 and who do not have a bona fide relationship with a person or entity in the US, the restrictions in the Proclamation Travel Ban went into effect immediately on September 24, 2017. For all nationals of the recently added countries, travel ban will apply on October 18, 2017.

Effective October 18, 2017, the proclamation appears to get rid of the “bona fide relationship” protection implemented by the Supreme Court under its temporary ruling on the EO Travel Ban 2.0, which exempted travelers with certain qualifying family and employment relationships in the US. Most likely, this issue will be litigated again.

Contrary to the Travel Ban 2.0, the new Proclamation Travel Ban has no expiration date. Government agencies will be presenting reports every 180 days, and the Travel Ban 3.0 can be revised based on the reports and recommendations.

Additional countries may be added in the future.

Countries may be removed if they are recommended for removal by the DHS, in consultation with US Department of State and other relevant US agencies.

The new Proclamation Travel Ban 3.0 does not apply to certain categories of travelers:

Lawful permanent residents..
Travelers who already hold a valid US visa.
Dual citizens of the designated (banned) countries who are traveling on the passport of a non-designated country.
People already granted asylum in the US or admitted to the US in refugee status, and those already granted withholding of removal, advance parole, or protection under the Convention Against Torture.
People traveling with a document other than a visa valid on the effective date (for example, an advance parole document) that permits them to travel to the USA .
Holders of diplomatic visas, NATA visas, UN C-2 visas, G-1, G-2, G-3, and G-4 visas;

A case-by-case waiver may be issued by consular and border officers when determined to be appropriate. The waiver grant guidance is expected to be released soon by the US Department of State. The waiver guidance will consider the US national interest and potential security risks for each individual, among other categories.

Full test of the Presidential Proclamation is here.

US Embassy in Russia Suspended Issuance of Nonimmigrant Visitor Visas

8/21/2017

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.

The 180-Day Rule for Canadian Visitors to USA

8/1/2017

We often get inquiries from Canadian citizens who make frequent or lengthy trips to the United States annually. They have heard about a so-called “180-day rule” that allows a Canadian visitor to visit the U.S. for the maximum period of 180 days.

Although many Canadians citizens do not get a passport stamp or entry document that authorizes entry for a specific term, U.S. Customs and Border Protection (CBP) takes the position that Canadians citizens are deemed to be admitted for a maximum of six months. However, CBP may stamp a passport allowing a much shorter period of admission (only 5 days, two months, etc), in the situation where a Canadian citizen travels often to the U.S. which raises questions that he or she is not merely a visitor.

A person is in violation of the immigration laws if he or she does not depart the United States within the six-month limit (or whatever period is allowed by CBP), thereby becoming deportable and ineligible for other immigration benefits. Longer periods of overstay and unlawful presence of over a year can lead to a ban for 10 years.

But that rule has nothing to do with the person who makes frequent short visits that aggregate 180 days or more during the year. A Canadian citizen could theoretically come across (and depart) as a visitor every day and accumulate 365 days of presence in the United States without raising any concerns about overstay or unlawful presence. Such a pattern could certainly lead to more CBP scrutiny at the border as to the nature of the visits, to rule out the possibility that the person is working or living illegally in the United States.

Immigration rule summary: A Canadian citizen should not remain in the United States continuously for more than six months as a visitor (or longer than the admission period allowed by the CBP, if CBP allowed a shorter period of admission to USA). Aggregate time frames in excess of six months do not violate any immigration law, but they might create more CBP scrutiny at the border, requiring the person to prove how he or she qualifies as visitor, to prove that they do not work in the United States. For the business visitor, this might require some advance planning and the implementation of record-keeping techniques that easily and credibly explain the number, nature, and duration of prior trips.

The second part of the “180-day rule” relates to U.S. tax issues. If you spend too much time in the United States you can be deemed a resident for U.S. federal income tax purposes, requiring to file a U.S. income tax return and report all worldwide income even if there is no earned income in the United States or any other activity that would require a U.S. tax filing.

The IRS uses a “substantial presence” test to determine if someone is a resident for U.S. federal income tax purposes in a given calendar year. The “substantial presence” test is a mechanical formula based solely on the number of days on which an individual is present in the United States. The formula is applied to make a determination each calendar year. To be classified as a U.S. resident under the substantial presence test for a particular year, an individual must be physically present in the United States on at least 31 days of the current calendar year, and the sum of the following must equal 183 or more days: 1) all days in the United States in the current year, plus 2) one-third of the days in the immediately preceding year, plus 3) one-sixth of the days in the second preceding year.

The general rule of thumb is to keep presence in the United States under 120 days each year. (The designation “resident” for federal income tax purposes has nothing to do with immigration status or actual place of domicile; it just means that the person must file a U.S. resident return and report his or her worldwide income.)

Thus, someone who consistently visits the United States for around 180 days a year is going to satisfy the substantial presence test and be deemed a U.S. resident for federal income tax purposes. That isn’t the end of the analysis, however, because there are exceptions, including the “closer connection” and “tie-breaker” rules under the Internal Revenue Code and U.S.-Canada Tax Treaty that may allow the person to avoid being subject to U.S. tax on their worldwide income even if the actual number of days creates substantial presence.

The closer connection exception is only available if the individual is present less than 183 days in the current year. In order to claim the application of one of these exceptions, the individual is required to affirmatively file a tax return or other information statement with the IRS. The closer connection exception is generally preferred because it does not require additional information filings with the IRS as does the treaty exception.

Tax rule summary. A person will not be considered a resident for U.S. federal income tax purposes if he or she keeps the number of days in the United States to under 120 days on a consistent basis. Individuals who do satisfy the substantial presence test may nevertheless still avoid residency status under the closer connection or treaty tie-breaker rules (though they do not avoid U.S. tax filings altogether).

It is a good rule of thumb to keep visits to USA to less than 120 days annually. If that is not possible, the Canadian visitor should keep presence under 183 days so that he or she can elect the closer connection exception if otherwise applicable to the Canadian’s situation. An over-simplistic approach might lead to unintended consequences or lost opportunities.

Please note that this overview is provided for general information purposes only, and should not be considered legal advice. To receive advice regarding your tax liability you should consult a professional who specializes in taxation. Our firm only deals with immigration matters.

Toronto, Ontario, Canada

Belarus opens its borders: a 5-day visa-free entry for citizens of 80 countries

1/9/2017

02/02/2017 UPDATE:

C 7 февраля 2017 года ФСБ России вводит режим пограничной зоны вдоль границы с Белоруссией.

Пределы пограничной зоны устанавливаются в Брянской, Смоленской и Псковской областях вдоль белорусской границы. Приказы главы ФСБ вступают в силу 7 февраля 2017. Сами документы датированы 29 декабря.

Как известно, в феврале 2017 года в Белоруссии начинает действовать безвизовый режим для граждан 80 стран, включая весь Евросоюз и США. Новые правила будут применяться только к туристам, прибывающим в Белоруссию не более чем на пять суток.

Власти Белоруссии подчеркивали, что новый порядок не будет распространяться на лиц, намеревающихся осуществить вылет в аэропорты России, и лиц, прилетающих из российских аэропортов. Пограничный контроль на таких рейсах сейчас не осуществляется.

О введении Белоруссией безвизового режима было объявлено 9 января 2017. Через неделю белорусские СМИ сообщили о том, что на рейсах из Минска в Москву во всех аэропортах прилета начали проверять паспорта.

Read more here.

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Belarus signed a new law: effective February 9, 2017, citizens of 80 countries, including USA, Canada, EU, Japan, can visit Belarus for up to 5 days without a visa, visa-free, if arriving in Belarus at Minsk International Airport. Effective date is Feb 9, 2017.

This is a very welcome news for many Americans, citizens of Poland, EU and many other countries, who can now visit their families in Belarus without having to apply for a visitor's visa.

Беларусь вводит пятидневный безвизовый режим для граждан 80 стран, включая граждан США, Канада, Евросоюз, Япония, при условии, что они прилетают в Беларусь через международный аэропорт в Минске и имеют медстраховку.

Официальный источник - офис Президента -
http://president.gov.by/ru/news_ru/view/belarus-vvodit-pjatidnevnyj-bezvizovyj-rezhim-dlja-grazhdan-80-stran-15342/

10-year multiple entry B1 B2 visa to USA for citizens of Kazakhstan

1/5/2017

Starting on December 29, 2016, citizens of Kazakhstan applying for a B1/B2 visitor, tourist or business visa to USA at the U.S. Embassy or Consulates in Kazakhstan will be able to receive a 10-year multiple entry visa.

Simultaneously, the Ministry of Foreign Affairs of Kazakhstan introduced ten-year validity visas for U.S. business and tourism visitors to Kazakhstan.

In addition, starting January 1, 2017, U.S. citizens visiting Kazakhstan for 30 days or less can do so without a visa. Starting January 1, citizens of EU and OECD countries, as well as Malaysia, Monaco, the United Arab Emirates, and Singapore could also travel to Kazakhstan for up to 30 days without a visa.

(Last month, Uzbekistan introduced visa-free travel for citizens from 27 countries).

The cost to apply for a business or tourism visa remains the same, US$160.

Full information on the visa application process is available here.

Read more here.

In Russian: С 29 декабря 2016 граждане Казахстана, подающие заявления на гостевые, туристические или бизнес визы в США смогут получить многократные визы, действительные на 10 лет.

Стоимость 10-летней визы остается таже - 160 долларов США.

С 1 января 2017 года, граждане США временно посещающие Казахстан на срок до 30 дней, смогут сделать это без визы (безвизовый режим). Также, граждане США смогут получить 10-летнюю многократную гостевую или бизнес визу в Казахстан.

B-2 / B-1 visitor or tourist visa denial rates for FY 2015 from the US Department of State.

5/3/2016

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

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

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

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

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

New Redesigned ESTA Website for Visa Waiver Program Visitors VWP.

9/15/2015

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/

DHS and the IRS are investigating Chinese "birth tourism" and agencies bringing Chinese mothers to the USA.

5/14/2015

As reported by Bloomberg Business News, birth tourism from China to the US is booming. Although it’s not illegal to travel to the U.S. to give birth, it’s illegal to lie about the purpose of a visit when interviewed by American Consul or by immigration or customs officers at the US airport—or coach someone to do so.

If a woman says she’s traveling to the U.S. to give birth, the consular and customs officers may request proof that she can pay for her hospital stay. (The same would be asked of anybody seeking medical treatment in the U.S.)

Department of Homeland Security and the IRS have been investigating the growing business of “birth tourism,” which operates in a legal gray area, since last June. The industry is totally unregulated and mostly hidden.

No one knows the exact number of Chinese birth tourists or services catering to them. Online ads and accounts in the Chinese-language press suggest there could be hundreds, maybe thousands, of operators. A California association of these services called All American Mother Service Management Center claims 20,000 women from China gave birth in the U.S. in 2012 and about the same number in 2013. These figures are often cited by Chinese state media, but the center didn’t reply to a request for comment. The Center for Immigration Studies, an American organization that advocates limiting the scope of the 14th Amendment, estimates there could have been as many as 36,000 birth tourists from around the world in 2012. Estimated fees paid by Chinese birth tourists to the agencies catering to them are around USD30,000 to USD60,000.

Department of Homeland Security declined to discuss the investigation because it is ongoing, but the agent in charge said: “Visa fraud is a huge vulnerability for the country. These women allegedly lied to come have a baby. Other people could come to do something bad. We have to maintain the integrity of the system.”

Read the story here.

Why should you schedule legal consultation with an attorney. Why an attorney can't give you free legal advice and answer your questions on a spot when you call law office.

4/21/2015

Almost daily, I hear from some of our callers: "I don't need legal consultation, I don't want to hire an attorney. I have only one or two very simple (or quick, or easy) questions, and I want an attorney to answer my questions right now and free of charge because my questions are so simple, quick, and easy!"

I will try to explain why this request doesn't make any sense and how to get proper legal advice.

U.S. immigration law is very complex and constantly changing. There have been no major immigration reforms or amnesties in the past few years (which requires a law to be approved by Congress and signed by the President). However, there have been significant changes introduced by our current and former administrations and the executive branch of the government: executive actions; executive orders of the President; USCIS and DHS memorandums and policy guidance; official and unofficial practice advisories; and changes through our judicial branch (federal and immigration courts), such as, the decisions by the BIA, AAO, Courts of Appeals, US Supreme Court, and even by federal district court judges (for example, an injunction by a federal judge can place on hold an executive order of the President of the United States).

U.S. immigration law is federal in nature and is the same in all states. However, it may apply differently to your situation depending on your background, your place of residence or domicile, US embassy in the country where you apply for a visa, etc.

An experienced immigration attorney may be able to guide you and advise you about specifics, loopholes, various options, and can spot possible problems before they happen, even if it seems to you that your case is pretty straightforward and you have only "one quick question". A seemingly simple or quick question not always can be answered with a simple "yes" or "no" answer. You may not realize it, but a situation may have a lot of hidden issues or variables depending on your venue, court jurisdiction, your factual circumstances, your arrest and criminal record, your family situation and status, prior legal assistance, prior legal actions and applications filed, or even timing, etc.

You can find a lot of useful immigration-related INFORMATION on our Blog. We compiled useful information and links: USCIS forms and fees, case status inquiry, processing times, AR-11 Change of Address, Department of State and NVC, and much more here. Hope you find this information helpful!

To ask basic questions about USCIS immigration forms, filing fees or to inquire about status of your pending case, you can contact USCIS, Department of Homeland Security, by calling their 800 Customer Service Hotline (number is on their website), or send an e-request via a webportal at USCIS website. Case status can be checked online, as well. Immigration courts, U.S. embassies and consulates and National Visa Center each have their own hotlines, call centers or other ways to contact them.

To receive a case-specific legal advice you should talk to a lawyer. Before a lawyer can advise you, we usually email you our confidential immigration questionnaire, and ask you to complete and return it to us. In some cases, we can ask you to email us copies of your immigration forms, paperwork, personal documents. When an attorney reviews your answers to our questionnaire and your documents, it helps her to get to know you, your situation, and decide what legal and/or visa options you shall consider, what are your best chances of obtaining certain visas and immigration benefits, how and when can you bring your family to USA, are you eligible for permanent residency or a green card in the United States, are you eligible to apply for U.S. citizenship, how can your children become U.S. citizens, etc.

It's important that you provide truthful, accurate and complete answers to our questions because an attorney's advice to you is based on information you provide to an attorney. It could be dangerous to give misleading, incomplete or incorrect answers to an attorney.

An attorney or a lawyer is often called "a counselor in law". It means that an attorney counsels and advises you, helps you to understand your situation better, anticipates any possible future issues or complications, offers guidance, and a long-term strategy and planning for yourself and your family.

Legal advice is never a simple "yes" or "no" answer, it's never "use this form" or "this is the link where you can find all information and all answers you need". Legal advice or consultation is like going to see a doctor. A doctor will ask you questions, take your vitals and administer necessary tests, then she will be able to diagnose you and offer you an appropriate treatment plan. The same is true about work of a good and ethical attorney. An attorney will have to ask you a number of questions, review your documents and paperwork, and only then she will be able to advise you, and offer you guidance and counsel.

In order to avoid mistakes and future complications, it's smart to consult an attorney before starting any legal, immigrant or visa process. Consultation with knowledgeable and ethical attorney should serve as a preventative measure and a way to establish a roadmap and plan your future.

In over twelve years of practice as an immigration attorney in the United States, I have come across of many unfortunate individuals who got themselves into trouble after reading and following wrong advice on internet forums, listening to their friends, co-workers, relatives and neighbors advice, or paying to complete their "paperwork" to an unlicensed "immigration consultant", or "notario", or "tax preparer", or somebody else who speaks their native language in their immigrant community but has no proper training and is not a licensed attorney. In some of these cases, individual's chances of living in USA legally can be permanently destroyed. Some people can become permanently banned from the United States, no matter how many close family members (wife, kids, parents) and other ties they have in USA. Immigration law is very complex and unforgiving, and non-compliance, fraud or misrepresentation could bring consequences more severe than penalties in an average criminal case. Where a convicted criminal can usually expect to be released from prison after a number of months or years and be reunited with his family, a person who was deported and permanently banned from USA may never be able to reunite with his family and loved ones in the United States. Lack of knowledge or bad advice is not an excuse in immigration law. "Simple mistakes" in immigration law context could be costly and often irreversible.

Do yourself a favor and consult a knowledgeable immigration attorney before filing any applications or petitions with the USCIS Department of Homeland Security, or before submitting any visa applications online. You can also schedule a consultation to seek a second opinion, if not sure that your current or former attorney's advice is correct as applies to you. When you have questions or need legal advice you can email us to schedule a consultation. We will be glad to help you.

NIV waiver: a visa must be issued within 90 days after a waiver was approved. INA 212(d)(3)(A) waiver.

1/23/2015

A few changes to DOS / US Department of State NIV 212(d)(3)(A) waiver procedure:

Beginning March 16, 2015, a visa must be issued within 90 days of receipt of an approved 212(d)(3)(A) waiver. INA 212(d)(3)(A) waivers are valid for the duration indicated by the ARO officer in the ARIS response. The waiver validity starts on the visa issuance date.(Source 9 FAM 40.301 N8)

See more at DOS website: http://www.state.gov/documents/organization/87150.pdf