Articles Posted in Consular Processing

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides new updates regarding previously planned furloughs by the United States Citizenship Immigration Services (USCIS) as well as the expansion of interview waiver eligibility for certain visa applications at United States Embassies and Consulates Worldwide.

For more information on these important topics please keep on watching.

Overview

USCIS Cancels Planned Furloughs

We have great news for our readers. Recently, USCIS announced that it will cancel the agency’s planned furlough of more than 13,000 employees, which was scheduled to take place on August 30, 2020, to help the agency meet its budget quotas and ensure operational capacity.

On August 25th USCIS made the announcement stating that as of now the agency is able to maintain its operations through the end of fiscal year 2020.

What does this mean for applicants?

While the cancellation of these planned furloughs is certainly good news for the American workforce, USCIS has made clear that delays will continue for the foreseeable future, including an increase in backlogs and wait times across the board. USCIS has specifically stated that there is no guarantee that the agency can avoid future furloughs. The only mechanism that will safeguard operations is additional funding from Congress to help the agency meet its operational costs through fiscal year 2021

According to USCIS, the agency has cut costs by reducing the need to work with outside contractors who have in the past assisted USCIS adjudicators to process and prepare case files, and provide support to the agency. Of course, without this additional assistance, delays will continue to be expected.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses an important announcement made by the United States Citizenship and Immigration Services (USCIS) on July 31, 2020 regarding new increases in immigration filing fees for certain applications and petitions.

Stay tuned for more information.

Overview

What is the new announcement about?

USCIS recently announced that the agency will be increasing filing fees for certain applications and petitions in order to meet its operational costs. As many of you are aware, USCIS has been facing a serious financial crisis as a result of the Coronavirus pandemic. The substantial loss of revenue the agency has experienced has forced the agency to resort to a hike in filing fees that will be enforced beginning October 2nd.

Shortly after its announcement regarding the fee increases, USCIS published a final rule in the Federal Register explaining that the price increases are “ intended to ensure that USCIS has the resources it needs to provide adequate service to applicants and petitioners.”

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a very important new update regarding the “public charge,” rule. On July 29, a federal judge in the state of New York issued a ruling temporarily blocking the Trump administration from enforcing the public charge rule on noncitizens seeking permanent residency in the United States, as well as nonimmigrant visa applicants abroad, for as long as the coronavirus pandemic remains a public health emergency. The ruling was made in response to a federal lawsuit filed by several states against the government, U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al.

Stay tuned for more information on this topic.

Overview

In response to a lawsuit filed by the states of New York, Connecticut, and Vermont, challenging the “public charge” rule, federal judge George Daniels approved a nationwide injunction, which temporarily blocks the government from “enforcing, applying, implementing, or treating,” as effective the “public charge” rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak.

The judge in this case ultimately sided with the states recognizing that the public charge rule ultimately discourages non-citizens nationwide from obtaining the necessary treatment and care they would need during the Coronavirus pandemic. In his opinion, the judge stated that in consideration of the “substantial harm” that the public would suffer from application and enforcement of the public charge rule, it was necessary to issue a temporary injunction to preserve the status quo and allow non-citizens to seek public benefits necessary for their health and well-being. The judge stated, “no person should hesitate to seek medical care, nor should they endure punishment or penalty if they seek temporary financial aid as a result of the pandemic’s impact.”

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: When will US Embassies and Consulates re-open? Stay tuned to find out more.

Overview

First things first, as many of you know on March 20, 2020 the Department of State announced the temporary suspension of routine visa services at all U.S. Embassies and Consulates worldwide in response to the global pandemic. Since then, U.S. Embassies and Consulates have cancelled all routine immigrant and nonimmigrant visa appointments, and only provided emergency and mission critical visa services. The DOS did not provide an estimated timeframe of when routine visa services would resume stating “we are unable to provide a specific date at this time.”

In addition, beginning January 31, 2020, the President began issuing several presidential proclamations suspending the entry into the United States of certain foreign nationals to limit the spread of the Coronavirus. The entry of foreign nationals who were physically present in the People’s Republic of China, Iran, Brazil, Ireland, or the Schengen countries within the 14 days preceding entry or attempted entry into the United States is suspended until further notice. The Schengen countries include Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

That means that these individuals will not be issued a U.S. visa or allowed to enter the United States for as long as the presidential proclamations remain in place, even when U.S. Embassies and Consulates resume visa services for the public.

For a complete list of these presidential proclamations restricting travel please click here.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the dilemma that Diversity Visa applicants are currently facing. What will happen to those who won the diversity visa lottery but are unable to apply for an immigrant visa because of the new proclamation? We answer your questions here and provide other helpful immigration tips. Stay tuned for more information on this topic.

Overview

As many of you know the executive order, “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak,” signed by the President on June 22nd suspends the entry of certain H, J, and L non-immigrants until December 31, 2020 and also extends the previous presidential proclamation signed on April 22nd which barred DV lottery winners from applying for an immigrant visa. Those affected by the April order include diversity visa applicants selected in the DV lottery, who are outside the United States as of the date of the proclamation, and otherwise have no immigrant visa or official travel document allowing them to enter the United States.

Q: What is the impact of this proclamation on DV lottery winners outside the country?

Unfortunately, this proclamation has devastating consequences on DV lottery winners currently residing outside the country. The order could potentially eliminate the possibility of applying for a visa based on diversity visa lottery selection, because DV applicants must be approved for a visa before the September 30, 2020 deadline.

Q. Is there any relief for DV lottery winners?

Lawsuits

Potentially. On April 27th a class action lawsuit by multiple plaintiffs was filed President Donald Trump, DHS, Acting DHS Secretary Chad Wolf, DOS, and DOS Secretary Michael Pompeo, in the U.S. District Court for the District of Columbia challenging the April 22nd  Presidential Proclamation arguing that the proclamation interferes with family reunification, violates the INA, the Administrative Procedure Act (APA), and the Fifth Amendment’s Due Process Clause.

The plaintiffs in the lawsuit asked for a preliminary and permanent injunction (a court order) to block the government from implementing or enforcing the Proclamation on those impacted the April 22nd proclamation including FY 2020 diversity visa lottery winners.

Unfortunately, on May 18, 2020, the district court denied the Temporary Restraining order, which means the government can continue to enforce the April 22nd proclamation until further notice.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares the latest update regarding a new executive order that is soon to be released, that will temporarily suspend the entry of L-1, H-1B, H-2B, and J-1 non-immigrants for at least several months.

Keep on watching for more information.

Overview

Please note that the information we can provide is only preliminary in nature based on reports and rumors that have been circulating recently.

What will the order do?

The new executive order is rumored to propose a temporary suspension on the entry of individuals residing abroad who have an L-1, H-1B, H-2B, and J-1 petition approved, but don’t have a visa yet in their passports. The new executive order anticipates suspending the issuance of visas for these individuals for at least several months.

In addition, the executive order proposes a temporary suspension on the entry of those who already have an L-1, H-1B, H-2B, or J-1 visas in their passports, but have not yet traveled to the United States on their visa.

Will there be exceptions on who is impacted?

Yes. Like with previous executive orders there will likely be exceptions that will protect some categories of individuals from being impacted such as health care professionals, those working to mitigate the effects of COVID-19, and essential workers in food-related industries. Other exceptions may also be made but it is not yet clear what those exceptions could be.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new and exciting bill proposed by the House of Representatives known as the HEROES Act (Health and Economic Recovery Omnibus Emergency Solutions Act) that would provide financial relief for undocumented immigrants, employment authorization for undocumented essential workers, and expedited visa processing for doctors, nurses, and other essential workers.

Please keep in mind that to become law, the HEROES Act still needs to be passed by the U.S. Senate and signed into law by the President.

Keep on watching for more information.

HEROES Act Overview

The new HEROES Act addresses some of the shortcomings of the previous CARES Act, which excluded undocumented immigrants from receiving stimulus checks from the federal government. The HEROES Act is a $3 trillion federal relief package that authorizes a second round of stimulus checks for those who qualify.

Here are the five takeaways of the HEROES Act:

  1. The HEROES Act would provide cash payments to immigrants and their families previously excluded under the CARES Act
  2. The HEROES Act would shield essential workers from deportation and create opportunities for some undocumented immigrants to obtain employment authorization (much like DACA)
  3. THE HEROES Act calls on Immigration and Customs Enforcement (ICE) to release low-risk immigrants from detention facilities where detention is not mandatory and where the detainee is not a national security risk
  4. The HEROES Act would allow expedited visa and green card processing for foreign medical professionals fighting Coronavirus and grant flexibility for medical professionals as to where they can work and how they can work
  5. THE HEROES Act would grant health care benefits for undocumented immigrants who do not have health insurance, including free testing, vaccines, and treatment relating to Coronavirus

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new and exciting bill called “the Healthcare Workforce Resilience Act” that would speed up the process for nurses and doctors to obtain their green cards.

Keep on watching for more information.

Overview

The Healthcare Workforce Resilience Act was introduced by Senators David Perdue (R-GA), Todd Young (R-IN), Dick Durbin (D-IL), and Chris Coons (D-DE) to increase the number of doctors and nurses available to meet the demand of the Coronavirus (COVID-19) pandemic.

While this bill is only a proposal for the time being, it is a great step in the right direction for the future of highly skilled foreign medical professionals. To become law, the bill must be passed by both houses of Congress and signed by the President. The bill is exciting because it is likely to have bipartisan support and has great potential to become law.

Why was the bill passed?

Currently, significant backlogs exist for nurses applying for a green card under the employment-based third preference category (EB-3). As you know Congress has imposed numerical limitations on the number of green cards that can be issued for immigrant workers. For EB-3 there is a waiting period of several years for green cards to become for EB-3 workers, even those with approved I-140 who are prevented from entering the United States because of these numerical limitations. At the moment, the priority date for nurses under EB-3 is stuck around January 2017 which for many nurses means a very long waiting period.

The Health Care Workforce Resilience Act was proposed to alleviate the strain on the U.S. healthcare system. The United States is currently at the epicenter of the Coronavirus pandemic and has an urgent need for doctors and nurses to help flatten the curve.

What does the proposal say?

The bill would authorize USCIS to “recapture” up to 25,000 immigrant visas for nurses and 15,000 immigrant visas for doctors. Additional immigrant visas would also be recaptured for the families of these medical professionals so that principal applicants and their family members can obtain their green cards at the same time.

This recapturing of unused visas in other preference categories would eliminate the backlog for nurses and doctors with approved I-140’s who are seeking an employment-based green card.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick goes over each section of President Trump’s new executive order, “Proclamation Suspending the Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,” which suspends and limits the immigration of certain types of aliens for a 60-day period beginning on April 23, 2020.

Keep on watching for more information.

Overview:

Who is impacted by the Executive order?

The suspension applies to individuals who, as of April 23, are:

(1) outside of the United States

(2) do not have an immigrant visa

(3) do not have official travel documents other than visas and

(4) are not otherwise exempted from the Proclamation.

Who will enforce the Executive Order?

The President’s executive order will be enforced by U.S. Consulates worldwide beginning 11:59 p.m. eastern daylight time on April 23, 2020. Consular officials will have the discretion to determine whether an immigrant is eligible to receive a visa and whether they are exempt from the order.

Who is exempt from the Executive Order (not impacted)?

  • Lawful Permanent Residents of the U.S.;
  • Aliens who are the spouses of U.S. Citizens;
  • Members of the U.S. Armed Forces and any spouse and child of a member of the U.S. Armed Forces;
  • Aliens under 21 years of age who are children of United States Citizens and prospective adoptees;
  • Aliens seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional;
  • Aliens seeking to enter the U.S. to perform medical research or other research intended to combat the spread of COVID-19;
  • Any spouse any unmarried child under 21 years of age of any such alien who is accompanying or following to join the alien;
  • Any alien applying for a visa pursuant to the EB-5 Immigrant Investor Program;
  • Aliens whose entry furthers important United States law enforcement objectives;

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a frequently asked question: can someone who is in the process of getting divorced overseas re-marry in the United States before that divorce is final?

Overview:

In many foreign countries the process of getting divorced is a very long and tedious process with many divorces taking many years to come to a final conclusion.

Many clients are left wondering whether they can lawfully re-marry in the United States while their divorce process is pending overseas, so that they can move on with their lives and apply for adjustment of status based on their marriage in the United States.

Unfortunately, you may not lawfully re-marry in the United States until all prior marriages have been terminated. A prior marriage is terminated when divorce proceedings come to a conclusion. A prior marriage is terminated by a government order or decree of dissolution of marriage issued by the appropriate authority in the country where your divorce proceedings took place. If you have not received a final order or decree of dissolution from such an authority, your prior marriage has not been terminated.

Filing a petition for adjustment of status while you remain married to someone else, even in a foreign country, carries with it very serious legal consequences.

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