Articles Posted in Consular posts

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides an overview of the State Department’s September 2021 Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State. In this monthly YouTube broadcast, Mr. Charles Oppenheim answers many of the public’s questions regarding the upcoming Visa Bulletin and discusses what to expect in terms of the movement or retrogression of the family sponsored and employment-based preference categories in the coming months.

Want to know more about the highlights of the Q&A session? Just keep on watching!

Overview

In this blog post, we summarize some of the most interesting questions that were asked during this live Q&A session with Charlie Oppenheim, including frequently asked questions regarding unused employment-based visa numbers for fiscal year 2021 and the future of family-sponsored categories in the coming months.

Q: Are you concerned with the anticipated large amount of unused fiscal year 2021 employment-based numbers which you mentioned last month?

Charlie Oppenheim responded during the live session that the State Department is very concerned about the potential for unused employment-based numbers under the fiscal year 2021 annual limits. According to Oppenheim, this concern was one of the reasons he made the China and India employment first preference categories current back in April and engaged in very aggressive forward movement of the final action dates since that time to prevent the loss of visa numbers in the employment-based categories. Furthermore, Mr. Oppenheim pointed out that both the State and USCIS offices are doing everything in their power to maximize number use before the end of FY 2021 to avoid drastic losses.

Based on recent discussions with USCIS, Charlie Oppenheim said that the agency is on track to approve more adjustment of status applications than at any time since fiscal year 2005. He also reminded listeners to keep in mind that since March of 2020, both the State Department and USCIS offices, have been dealing with a variety of COVID-19 issues which have had a tremendous negative impact on operational status, staffing, and ability to process large amounts of immigrant visa cases. According to Mr. Oppenheim, overseas posts only began returning to some sense of normal processing in April of 2021.

Q: When I look at the chart listing the final action dates, how do I know if my case is eligible to be scheduled for an interview at the overseas post responsible for processing my case?

This is a very common question that our law office is frequently asked as well. Charlie Oppenheim pointed out that applicants must first ensure that they have submitted all the required civil documents to the National Visa Center to become “documentarily qualified,” meaning that all necessary documents and fees have been submitted to proceed with interview scheduling. Submission of all necessary documents would also need to be done in time for the case to be reported to the Visa Office as documentarily completed by the first of each month. In this case, if you are documentarily qualified and your priority date is earlier than the applicable final action date listed in the Visa Bulletin, then you would be eligible to be scheduled for an appointment for final action on your case. However, even while waiting in line to be scheduled for a visa interview after being “documentarily qualified,” applicants must still take into consideration overseas post processing capacity issues relating to the COVID-19 pandemic. The majority of posts overseas continue to have limited operational capacity; therefore, applicants should expect delays to be scheduled for a visa interview. Overseas posts must first notify the National Visa Center that they have an available slot for an interview before the National Visa Center can forward the case to the post overseas.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares information about the current status of U.S. visa services at Consulates and Embassies worldwide by country for the month of August 2021. We would also like to say that our thoughts and prayers are with the people of Afghanistan who are facing extremely difficult circumstances in their country. Our office represents several immigrant visa applicants in Afghanistan and are doing everything we can to help reunite visa applicants with their loved ones in the United States.

In this blog post we will run through what we know regarding the operating status of Consulates and Embassies all over the world starting with Kabul, Afghanistan.

Keep on watching to find out more.

Overview

U.S. Consulate Kabul, Afghanistan

Due to ongoing political unrest and security threats in Kabul, Afghanistan, the U.S. Consulate in Kabul, Afghanistan is closed to the public and operations to assist U.S. Citizens are extremely limited due to reduced staffing.

At this moment we have received information that all immigrant visa applicants who had visa interview appointments at the Consulate in Kabul or were waiting to be scheduled for an interview in Kabul, will be receiving an email with instructions on how your case will proceed. Your case may be moved to a different overseas post, or you may receive instructions to complete the repatriation assistance form (details below).

As we all know, the security situation in Kabul is evolving on a daily basis. The Consulate has advised U.S. citizens seeking assistance to depart the country to complete the Repatriation Assistance Request for each traveler in their group. Spouses and minor children of U.S. citizens in Afghanistan who are awaiting immigrant visas are encouraged to complete this form as soon as possible if they wish to depart. The Repatriation Request form should only be used once to avoid delays. You must complete this form even if you’ve previously submitted your information to the U.S. Embassy in Kabul by another means. This form is the only way to communicate interest in flight options. The Consulate will notify you directly by email based on your registration as soon as departure options become available.

Eligibility Requirements:

  1. U.S. Citizenship:  The U.S. Embassy will prioritize U.S. citizens for any charter flights.   U.S. citizens with a non-citizen spouse or unmarried children (under age 21) may include their family members in their repatriation assistance requests but should indicate each family member’s citizenship and whether each has a valid passport and/or a U.S. visa.

If you are a non-U.S. citizen parent of a U.S. citizen minor, indicate whether you have appropriate travel documentation to enter the United States (i.e. valid U.S. visa). If you do not have appropriate travel documentation, please identify an individual who currently has valid travel documentation who could accompany your U.S. citizen minor.

U.S. lawful permanent residents may submit a repatriation assistance request, and their request will be considered depending on availability.

  1. Flight Costs: Repatriation flights are not free, and passengers will be required to sign a promissory loan agreement and may not be eligible to renew their U.S. passports until the loan is repaid.  The cost may be $2,000USD or more per person.
  2. Travel Documents:  All passengers should have valid travel documents required for entry into the United States (e.g. U.S. passports or visas)

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares his immigration tips for resolving issues with cases that are currently pending at Consular posts overseas, and shares what you can expect if your case is placed in administrative processing following your interview.

Want to know how you can contact your Consular post and what to say?

Keep on watching to find out more.

Overview

Do you have an immigration case that is stuck in the backlogs caused by COVID-19? In this video we share with you how you can contact your Consular post when you have a problem with your case, and what you should expect when you have been placed in administrative processing. We hope that these tips will help you gain more insight to help you understand what you can do during these difficult processing delays. If you would like further assistance with the processing of your case, or if you have any other immigration questions, do not hesitate to contact us to schedule a consultation by texting 619-483-4549 or calling 619-819-9204. We look forward to working with you. 

Contacting your Consular post 

If your case is sitting at a U.S. Embassy or Consular post overseas, or if is about to be shipped to a Consular post overseas by the National Visa Center (NVC), you should first contact your Consular post directly to confirm whether your case has been received and the status of appointment scheduling for your particular visa type. Most Consular posts have dedicated staff who are responsible for managing and answering inquiries made by e-mail. It is important to note however that response times vary widely due to the overwhelming number of inquiries that are being made by e-mail on a day-to-day basis. It is very important to have patience throughout this process and be proactive about your case.

You should only contact the Consular post directly if your case has been received by the post directly from the NVC or if it is in the process of being transferred. If your case is still at the NVC, the Consulate will not be able to help you.

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