Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides a brand-new update regarding the President’s recent decision to extend Presidential Proclamations 10014 and 10052.
Want to know more? Keep on watching for more information.
Overview
First and foremost, we would like to wish our readers a very Happy Near Year. We hope that the new year brings many positive developments in the world of immigration law, especially with the changing administration on January 20th.
In this post we update you regarding a recent decision made by President Trump to extend his previously issued Proclamations known as Proclamation 10014 and 10052 until March 31, 2021.
What are these proclamations?
On April 22nd, President Trump issued P.P. 10014 entitled, “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.”
This proclamation created a 60-day ban on the issuance of new visas at U.S. Consulates and Embassies abroad and limited entry to the United States for a wide variety of people. The Proclamation was set to expire on June 22, 2020 but was further extended by the issuance of Proclamation 10052 until December 31, 2020.
Specifically, Proclamation 10014 applied to:
Aliens who were outside of the United States on the effective date of the Proclamation (April 23)
Aliens who did not have an immigrant visa that was valid on the effective date of the Proclamation (April 23rd) and
Aliens who did not have an official travel document other than a visa on the effective date of the proclamation (April 23rd) or issued on any date thereafter that permitted him or her to travel to the United States and seek entry or admission
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the top five reasons K-1 visas are denied and what you can do to avoid these common pitfalls.
Want to know more? Keep on watching for more information
Overview
Imagine this, you have just finished your K-1 visa interview and the Consular officer hands you a letter stating your K-1 visa has been refused. You leave the interview asking yourself, what do I do now?
The good news is you’re not alone. In the majority of cases, applicants may cure any defects in their applications and continue with visa processing. However, it is important to know the application process ahead of time to avoid finding yourself in this situation.
Top Reasons for K-1 Visa Denial
#1: Not having enough evidence of bona fide relationship
The most common reason for K-1 visa denial is where the couple does not provide enough evidence of a bona fide relationship.
A bona fide relationship is one that was entered in good faith and not with an intention to deceive. A fiancé visa applicant does not have a bona fide marriage if he or she entered the marriage solely to receive an immigration benefit from USCIS. Immigration officers are trained to identify fraudulent or “sham” marriages where either party or both parties have entered the marriage simply for the green card applicant to obtain his or her permanent residence in the United States, without any sincere intention to live together in the same household or form a marital bond. Immigration officers search for inconsistencies in any answers provided by either party to the marriage, and carefully scrutinize supporting documentation provided by the couple with the initial I-129F filing.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers a hot topic that has been frequently asked by our followers: what are the top reasons for CR/IR-1 immigrant visa denials and what can you do about it.
Want to know more? Keep on watching for more information.
Overview
What is a CR-1/IR-1 visa?
A CR-1 or IR-1 visa is an immigrant visa for a spouse of a United States Citizen who is residing abroad. The term “CR” in CR-1 stands for “conditional resident” and is issued to foreign spouses who have been married for less than 2 years. By contrast the term “IR” in IR-1 stands for “immediate relative” and is issued to foreign spouses who have been married for more than 2 years. Those who receive a CR-1 visa will eventually receive a 2-year conditional green card after entering the United States, while those who receive an IR-1 visa will receive a 10-year green card (without condition).
The first step to apply for a CR-1/IR-1 visa is for the U.S. Citizen spouse to file a Petition for Alien Relative, Form I-130, with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign spouse. This petition initiates the immigration process to the United States. Once Form I-130 is approved by USCIS, the petition is transferred to the National Visa Center for pre-processing. At the National Visa Center stage, the applicant must complete the immigrant visa application and provide civil documentation. After sending all required documents to the National Visa Center, the NVC will forward the case to the U.S. Embassy near the foreign spouse and the applicant will wait to be scheduled for an Embassy interview. The Embassy interview is often a make it or break moment for couples who must prove that they have a “bona fide” marriage to be approved for their visa.
What are the top reasons for CR/IR-1 denials?
#1 Not meeting the income requirement for the affidavit of support
The number one reason for spousal visa denials is failing to meet the income requirement for the affidavit of support. As part of the spousal visa application process, the U.S. Citizen spouse must sign the I-864 Affidavit of Support, which is a legally enforceable contract between the U.S. Citizen and the government wherein the U.S. Citizen must sign under penalty of perjury that they have the adequate means to financial support the alien and the alien will not rely on the U.S. government for financial support.
What is the income requirement?
The minimum amount that the U.S. Citizen must make depends on his or her household size. In general, petitioners must make at least 125% of the federal poverty guidelines. However, exceptions exist for petitioners who are on active duty in the U.S. armed forces. Petitioners who do not satisfy the income requirement must apply with a joint sponsor, who must also sign a separate I-864 Affidavit of Support and provide evidence of financial ability. If the petitioner and joint sponsor do not qualify, the spousal visa application will be denied.
To prevent this situation from happening petitioners must make sure well in advance of filing the I-130 application, that they either meet the income requirement, or that they can obtain a joint sponsor who is willing and able to sign the affidavit of support and provide the necessary documentation.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers your frequently asked questions relating to K-1 visas, the National Visa Center, and consular visa processing during the ongoing Coronavirus pandemic.
Want to know more? Keep on watching for more information.
Your Frequently Asked Questions
Q: How can I contact the National Visa Center?
A: Once your Form I-130 Petition for Alien Relative has been approved, your case will be transferred to the National Visa Center for further processing. Once pre-processing has been completed, your case will be forwarded to the U.S. Consulate or Embassy near you. At the NVC stage, you will be asked to provide additional supporting documentation including the affidavit of support, Form DS-260 Immigrant Visa Electronic Application, and other important documents.
To ensure all of your supporting documentation has been received it is very important to maintain contact with the National Visa Center.
Q: Will immigration consider my priority date or approval date for interview?
A: For family-sponsored immigrants, the priority date is the date that the Form I-130, Petition for Alien Relative, or in certain instances the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is properly filed with USCIS.
Depending on the type of relationship you have to the U.S. petitioner, you may need to reference your priority date to determine when an immigrant visa (or green card) will become available to you.
Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available. Immediate relatives include:
The spouses of U.S. citizens;
The children (unmarried and under 21 years of age) of U.S. citizens;
The parents of U.S. citizens at least 21 years old; and
Widows or widowers of U.S. citizens if the U.S. citizen filed a petition before they died, or if the widow(er) files a petition within two years of the citizen’s death.
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: how can I apply for an E-2 investor visa despite the ongoing Coronavirus pandemic and suspension of routine visa services at Consulates and Embassies worldwide.
Want to know more? Keep on watching for more information.
Overview
More and more our office is receiving inquiries from prospective E-2 visa applicants who are stuck in the application process due to the ongoing Coronavirus pandemic.
First, what are the requirements for an E-2 visa?
The E-2 visa is a treaty trader investor visa that allows foreign investors from select countries to invest in an existing or new business enterprise in the United States.
Requirements:
The investor, either a person, partnership or corporate entity, must be a citizen of a treaty trade/investment country
You must have invested or be in the process of investing in the business and show the path of funds for the investment from your home country to the US account
The investment must come from the investor and the money must be “at risk,” meaning that the investor must take action to invest the money into equipment, renting the business premises, and other such investment activities
You must actually start the business and hire workers before applying for the E-2 visa
You must be in a position to direct the business with your experience and/or skills and be involved in the management or operation of the business. You cannot be a passive investor
There is no set investment amount required however the investment must be sufficient to start the particular business (this amount will vary depending on the type of business enterprise)
The business cannot be marginal –the business should not be established solely for the purpose of earning a living for the applicant and his or her family.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the new November 2020 visa bulletin, including upcoming visa trends and predictions for family-sponsored and employment-based preference categories.
Want to know more? Keep on watching for more information
Overview
We are very excited about the new release of the November Visa Bulletin. Some exciting advancements have taken place for certain employment-based preference categories. However, visa issuance remains limited for most family-sponsored categories and at least some employment-based preference categories as discussed below.
Impact of April 22nd Presidential Proclamation
As a reminder to our readers, most family-sponsored and some employment-based preference categories remain subject to President Trump’s April 22ndpresidential proclamation. This proclamation temporarily suspends the entry and issuance of visas for the following types of immigrants through December 31, 2020.
Spouses and children of green card holders (US citizens are not affected) applying at the consulate
Parents of US citizens applying at the consulate
Brothers and sisters of US citizens applying at the consulate
Sons and daughters (over 21 years of age) of US citizens applying at the consulate (children under 21 years of age of US citizens are not affected)
Sons and daughters (over 21 years of age) of green card holders applying at the consulate
EB1A extraordinary abilities and their family applying at the consulate
PERM EB2 employment based (NIW is not affected) and their family applying at the consulate
PERM EB3 employment based and their family applying at the consulate
EB4 religious workers immigrants applying at the consulate
EB5 investors are not impacted by the April 22nd proclamation.
Certain applicants may still obtain immigrant visas despite enforcement of the presidential proclamation if their entry is in the national interest or if they have a legitimate emergency.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick updates you regarding the status of K-1 visa interview scheduling at U.S. Consulates and Embassies worldwide, as well as the status of a new lawsuit that seeks to push K-1 visa cases through the pipeline.
Want to know more? Keep on watching for more information.
Overview
Since the beginning of the Coronavirus pandemic, U.S. Consulates and Embassies abroad have refused to schedule K-1 visa applicants for interviews and have instead opted to prioritize interview scheduling for certain spouses of U.S. Citizens. As a result, thousands of couples have remained separated for months on end with virtually no end in sight. This has been a very puzzling phenomenon given that foreign fiancés should be given priority for visa issuance based on their qualifying relationship to a U.S. Citizen. In some cases, K-1 visa applicants have had their interviews cancelled with no follow-up from the Consulate or Embassy regarding future rescheduling, while in others K-1 visa applications have not moved past the NVC stage for interview scheduling.
In our own experience very few K-1 visa applicants have received visa interviews and the cases that have been prioritized are because of serious medical emergencies or other urgent needs. We have been successful in receiving interviews only where the applicant has received approval for expedited processing.
In an unexpected turn of events on August 30, 2020, the Department of State released a cable stating that effective August 28th K-1 visa cases would receive “high priority.” The cable directed K-1 visa applications to check the website of their nearest U.S. Embassy or Consulate for updates on the services offered by the post.
Unfortunately, this cable did not provide applicants with any relief because it was largely ignored by U.S. Consulates and Embassies. Many applicants contacted their posts directly and were given generic messages stating that the post was not able to provide services for K-1 visa applicants until further notice. These new revelations ultimately forced K-1 applicants to seek relief from the courts.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the newly released and much anticipated October 2020 visa bulletin. To hear about the availability of immigrant visa numbers for family based and employment-based preference categories for the month of October, keep on watching.
Overview
The release of the October 2020 visa bulletin has been much anticipated because the October visa bulletin kicks off the start of a brand-new fiscal year. The October visa bulletin is also important because it provides some insight into the availability of immigrant visa numbers, including visa numbers that have been unused as a result of the Coronavirus pandemic, the suspension of routine visa services at Embassies and Consulates worldwide, and the various presidential proclamations that have halted visa issuance for certain types of immigrants.
As some of you may have noticed, the October visa bulletin was released later than usual, most likely because the Department of State has been scrambling in light of Consular closures to review the data and provide accurate information regarding the number of visas available for each preference category.
Since the suspension of routine visa services at Consular posts worldwide, nearly 100,000 immigrant visa applicants have been unable to obtain their visas, creating a “rollover” of unused visa numbers for the benefit of employment-based preference categories.
Employment Based Categories – October 2020
In order to file for adjustment of status based on employment during the month of October (for applicants lawfully residing in the United States), employment-sponsored applicants must have a priority date that is earlier than the dated listed below for their preference category and country of nationality.
All applicants filing under employment-based preference categories must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2020.
Since Presidential Proclamations 10014 and 10052 have suspended the issuance of immigrant visas for most family-sponsored preference categories, we are seeing a rapid movement in the dates of most employment-based preference categories, because “unused” visas for the family-sponsored categories have shifted or “rolled over” to the employment-based categories as a result of these Proclamations.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick updates you regarding the operational status of U.S. Embassies and Consulates worldwide. As our readers are aware on March 20, 2020, the Department of State announcement the suspension of routine visa services at all U.S. Embassies and Consular posts worldwide in order to deal with the challenges posed by the Coronavirus pandemic. While U.S. Embassies and Consular posts suspended routine visa services, posts continued to remain open to provide emergency and mission critical visa services. These included the processing of applications for “national interest” waivers.
Since then, U.S. Embassies and Consulates have begun a phased resumption of visa services as local country conditions and resources have allowed.
Want to know more? Stay tuned for more information about this important topic.
Overview
In this video, we discuss the status of immigrant visa processing at U.S. Embassies and Consular posts worldwide. The information provided is based on what our office is currently experiencing, official government sources, and information we have received from other attorneys and members of our private Facebook group.
We are now ending fiscal year 2020 and are approaching the start of a new fiscal year that begins on October 2020. The Department of State predicts an overflow of immigrant visas. More than 100,000 additional employment-based visas will become available in the new fiscal year, while nearly 300,000 additional family-based visas will become available in the new fiscal year.
What is responsible for this overflow in visas?
This overflow in visas is the result of a combination of various factors. Due to the Coronavirus pandemic, and the numerous Presidential Proclamations that followed, many immigrant visas were not allowed to be issued. This has left many visas up for grabs in the new fiscal year.
What has the Department of State said about resumption of visa services?
The Department of State previously announced that routine visa services at U.S. Embassies and Consular posts would resume after July 15th however things have not gone as planned. The majority of U.S. Embassies and Consular posts did not resume routine visa services to the public on or after this date.
As months passed, some U.S. Embassies and Consular posts reopened interview scheduling on a limited basis. These actions signal that there is some movement in the scheduling of visa interview appointments, however the situation remains fluid. At any time, even the U.S. Embassies and Consular posts that have reopened their calendars for interview scheduling, can cancel these scheduled interviews based on their continued observance of local health conditions.
Which U.S. Embassies and Consular posts have resumed immigrant visa interviews?
Based on what we are seeing, the following Embassies/Consular posts have resumed immigrant visa interviews:
DISCLAIMER: Please keep in mind the situation continues to remain fluid and Embassy/Consular posts may choose to cancel scheduled interviews at any time based on country conditions.
U.S. Embassy in Kenya – open for immigrant visa interviews as of September 2020
U.S. Consulate in Mumbai, India – open for biometrics, was open for immigrant visa interviews, but it appears the Consulate has stopped scheduling interviews until further notice. Please continue monitoring the calendar
U.S. Consulate Frankfurt, Germany – was open for immigrant visa interviews, but it appears the Consulate has stopped scheduling interviews until further notice. Please continue monitoring the calendar
U.S. Embassy Tokyo, Japan- open for immigrant visa interviews as of mid-August 2020
U.S. Embassy Seoul, Korea – open for immigrant visa interviews
U.S. Consulate Guangzhou, China – only post in China open for immigrant visa interviews
U.S. Consulate Ho Chi Minh, Vietnam – open for immigrant visa interviews
U.S. Embassy Pakistan – not open for immigrant visa interviews, but emergency interview requests are still being considered
U.S. Embassy Paris, France – open for immigrant visa interviews
U.S. Embassy Sofia, Bulgaria – open for immigrant visa interviews as of September
U.S. Embassy Brussels, Belgium – open for immigrant and non-immigrant visa interviews as of August
Emergency Appointments
Even if your Embassy or Consular post has not resumed routine visa services and interview scheduling, you may request an emergency expedited appointment if your U.S. Citizen spouse or relative is experiencing extreme hardships in your absence, or where there is a medical or other type of emergency. Applicants are encouraged to contact their local Consular post for instructions on how to apply for an emergency appointment.
Our office has been successful in obtaining emergency appointments based on extreme hardship as well as the “national interest” exception for those subject to a Presidential Proclamation. If you would like to know whether you qualify for an emergency appointment or national interest exception, please call us to schedule a consultation.
Questions? If you would like to schedule a consultation, please text or call 619-569-1768.
JOIN OUR NEW FACEBOOK GROUP
Need more immigration updates?We have created a brand new facebook group to address the impact of the new executive order and other changing developments in immigration related to COVID-19. Follow us there.
For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides some exciting news regarding a recent federal court order. The new order grants relief to diversity visa applicants selected in the DV lottery for fiscal year 2020 against Presidential Proclamations 10014 and 10052. As many of you are aware, on April 22nd the President issued Proclamation 10014, which temporarily suspended the entry of all immigrants into the U.S. for a period of two months, including that of diversity visa lottery winners. Two months later, the President issued Proclamation 10052, which extended the suspension until December 31, 2020, with limited exceptions that did not apply to diversity visa winners. In response to these Proclamations, a class action lawsuit was brought in federal court challenging its application. For purposes of this post, we discuss what this lawsuit means for DV-2020 selected applicants.
For more information on this important ruling please keep on watching.
Overview
Proclamations 10014 and 10052 imposed an unfortunate ban on the adjudication and issuance of immigrant visas for certain classes of immigrants, including winners of the DV-2020 lottery.
Following the issuance of Proclamations 10014 and 10052 – which did not exempt DV-2020 lottery winners from the ban – diversity visa lottery winners were left in limbo. The issuance of the Proclamation created a dilemma for winners because following their selection in the DV lottery, winners must apply for and receive a diversity visa by the deadline imposed for that fiscal year. For DV-2020 the deadline to receive a permanent visa was September 30, 2020. The ban on visa issuance for DV-lottery winners meant that applicants would not be able to meet the deadline to apply for a permanent visa, and as a result would forfeit their opportunity to immigrate to the United States.
Seeking relief from the ban, over one thousand plaintiffs joined together to file the lawsuit Gomez, et al. v. Trump, et al. in the United States District Court for the District of Columbia. The judge presiding over the case, Amit Mehta, concluded that DV-2020 lottery winners qualified for relief, but that non-DV applicants failed to demonstrate that they were entitled to relief.
Accordingly, federal judge Mehta issued the following orders:
As a preliminary matter, the court “stayed” (halted) the No-Visa Policy as applied to DV-2020 selectees and derivative beneficiaries, meaning that the government is prohibited from interpreting or applying the Proclamation in any way that forecloses or prohibits embassy personnel, consular officers, or any administrative processing center (such as the Kentucky Consular Center) from processing, reviewing, or adjudicating a 2020 diversity visa or derivative beneficiary application, or issuing or reissuing a 2020 diversity or beneficiary visa based on the entry restrictions contained in the Proclamations. Except as provided in 2 and 3 below, the order does not prevent any embassy personnel, consular officer, or administrative processing center from prioritizing the processing, adjudication, or issuance of visas based on resource constraints, limitations due to the COVID-19 pandemic or country conditions;
The government as defendants are ordered to undertake good-faith efforts, to expeditiously process and adjudicate DV-2020 diversity visa and derivative beneficiary applications, and issue or reissue diversity and derivative beneficiary visas to eligible applicants by September 30, 2020, giving priority to the named diversity visa plaintiffs in the lawsuit and their derivative beneficiaries;
The court enjoins (stops) the government from interpreting and applying the COVID Guidance to DV-2020 selectees and derivative beneficiaries in any way that requires embassy personnel, consular officers, or administrative processing centers (such as the Kentucky Consular Center) to refuse processing, reviewing, adjudicating 2020 diversity visa applications, or issuing or reissuing diversity visas on the ground that the DV-2020 selectee or derivative beneficiary does not qualify under the “emergency” or “mission critical” exceptions to the COVID Guidance;
The court declines the requests of DV-2020 plaintiffs to order the government to reserve unprocessed DV-2020 visas past the September 30 deadline or until a final adjudication on the merits, however the court will revisit the issue closer to the deadline. The court ordered the State Department to report, no later than September 25, 2020, which of the named DV-2020 Plaintiffs in the lawsuit have received diversity visas, the status of processing of the named DV-2020 plaintiffs’ applications who have not yet received visas, and the number of unprocessed DV-2020 visa applications and unused diversity visas remaining for FY 2020;
Class recertification was denied for non-DV plaintiffs since they failed to demonstrate that they were entitled to preliminary injunctive relief; and
Finally, the court denied the request of non-DV plaintiffs to preliminary enjoin (stop) the government from implementing or enforcing Proclamations 10014 and 10052.
What happens next?
The court has required the parties to the lawsuit to meet and confer by September 25, 2020 for a Joint Status Report. At that time, the court will set the schedule to hear arguments from the parties and come to a final resolution of the lawsuit on the merits.
We hope that this information will help DV-2020 lottery winners breathe a sigh of relief. If you were selected in the DV-2020 lottery it is very important to proceed with your immigrant visa process as soon as possible. Applicants should consider applying with the assistance of an attorney to ensure the application process goes smoothly.
Where can I read more about this court order?
To read judge Mehta’s complete decision please click here.
Questions? If you would like to schedule a consultation, please text or call 619-569-1768.
JOIN OUR NEW FACEBOOK GROUP
Need more immigration updates?We have created a brand new facebook group to address the impact of the new executive order and other changing developments in immigration related to COVID-19. Follow us there.
For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here.
Immigration Lawyer Blog
