Would you like to know how you can renew your U.S. visa in 2023? If so, then this video is right for you.
Overview
Your U.S. visa has expired and now it’s renewal time. In this video, attorney Jacob Sapochnick discusses the general process of applying to renew your U.S. visa in 2023 at a U.S. Consulate or Embassy overseas.
Please note that there are hundreds of different U.S. visa categories that have their own eligibility criteria and renewal requirements. The information provided here does not, and is not intended, to constitute legal advice. To obtain legal advice on your particular facts, case, or circumstances, please consult with a licensed immigration attorney.
For visa specific information and documentary requirements, applicants may contact their closest U.S. Embassy or Consulate.
Visa Renewal Steps
Here are the main steps that any applicant must take when renewing their visa at a U.S. Consulate or Embassy abroad.
Step One: Make sure that you qualify for your U.S. Visa Renewal
First and foremost, regardless of your visa type you must be prepared to provide documentary evidence to the Consular official to prove that you remain eligible for the renewal of your visa.
For example, if you are renewing a student visa you must provide your updated Form I-20 Certificate of Eligibility for Nonimmigrant Student Status to show that you remain eligible to study in the United States. If you are applying to renew your tourist visa, you must continue to demonstrate your eligibility such as proof of temporary stay, strong ties to your home country, proof of sufficient finances to cover your temporary stay, etc.
Many of our followers have been asking a very important question, what does a visa “refusal” mean and what is 221(g) Administrative Processing?
The situation unfolds something like this. You’ve applied for a non-immigrant visa and have attended your Consular visa interview. After attending your interview, you check the status of your visa on the State Department’s Consular Electronic Application Center (CEAC) webpage, and you see the dreaded words “Refused.”
What does this all mean and what can you expect if you find yourself in this predicament? In this video, attorney Jacob Sapochnick walks you through the meaning of a “refusal” and how you can still be successful in obtaining a visa despite this obstacle.
Overview
Applicants for nonimmigrant visas can check the status of their visa cases by visiting the State Department’s Consular Electronics Application Center CEAC launch page .
To check your status, you must enter your DS-160 confirmation number and the Consular location (Country and City) where you were interviewed.
The DS-160 confirmation number can be found on the DS-160 confirmation page and starts with AA followed by 8 digits.
Once you have successfully entered the online CEAC visa check system, you will receive one of the following results:
(1) Application receipt pending
If you have submitted your online non-immigrant visa application (DS-160), it has not yet been processed into the visa system. At some locations, your application will remain in this status until you appear for an interview or until your application is ready for review. Please see the Embassy or Consulate website for information on the next steps required for visa processing.
Meaning:
The application data has not been entered into the Embassy system.
For interview cases, the application will remain in this status until the applicant appears for an interview.
For mail-in cases, this means the Embassy has not received the application.
(2) Application Received
Your case is open and ready for your interview, fingerprints, and required documents. If you have already had your interview, please check your status after two business days. If no interview was required, please check back in two business days for the updated status of your application.
For mail-in cases: The visa application has been received by the Embassy and is undergoing review.
This also includes cases that are pending for additional documents
(3) Administrative Processing
Your visa case is currently undergoing administrative processing. This processing can take several weeks. Please follow any instructions provided by the consular officer at the time of your interview. If further information is needed, you will be contacted. If your visa application is approved, it will be processed and mailed back within two business days.
This status includes:
The visa issuance process (visa has been approved but not yet printed)
Pending for additional documents/information
(4) Issued
Your visa is in final processing. If you have not received after 10 working days, please see the webpage for contact information of the Embassy or Consulate where you submitted your application.
Meaning:
The visa has been issued
(5) Refused
A U.S. consular officer has adjudicated and refused your visa application. Please follow any instructions provided by the consular officer. If you were informed by the consular officer that your case was refused for administrative processing, your case will remain refused while undergoing such processing. You will receive another adjudication once such processing is complete. Please be advised that the processing time varies and that you will be contacted if additional information is needed.
This includes cases that are:
Pending for additional documents/information
* Administrative Processing (See below for details)
Cases with a waiver request pending.
Denied under Section 214(b) of the INA.
For E-visa new company registration cases: The visa application has been received by the Embassy and is ready for review. Please wait for further instructions from the Embassy or Consulate. Processing time for new company registration typically takes at least 3 weeks.
For the purposes of this video, we will focus on what the visa status “refused” really means.
Applicants can receive a visa “refusal” for a number of different reasons.
In many cases, applicants are left confused upon seeing a visa “refusal,” especially where the Consular officer has told the applicant that their visa has been approved following their visa interview. In other situations, applicants have received a “refusal” after following the Consulate’s instructions to submit documents via dropbox (for instance for applicants seeking H-1B visa stamping). Applicants who have been told their cases have been placed in 221(g) administrative processing also receive a visa “refusal.”
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides an important update from the Department of State regarding immigrant visa processing following the cancellation of Presidential Proclamations 9645 and 9983, also known as “the Muslim travel ban.”
In this video we will talk about the new procedures for applicants who were previously affected by these Proclamations and what the immigrant visa application process will look like going forward now that these Proclamations have been rescinded.
Keep on watching to find out more.
Overview
On his first day in office, President Biden signed the Presidential Proclamation entitled, “Ending Discriminatory Bans on Entry to the United States,” which rescinded the travel restrictions of Presidential Proclamations 9645 and 9983 also known as “the Muslim travel ban.” As you may recall, these Proclamations blocked the entry of certain foreign nationals from predominantly Muslim countries into the United States, including Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen.
Biden’s new proclamation now makes it possible for these individuals to immediately proceed with visa processing as before the ban went into effect.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick gives you the latest immigration update regarding President Biden’s plans to reverse Presidential Proclamations 10014 and 10052 passed under former President Donald Trump.
Want to know more? Keep on watching for more information.
Overview
First, let’s recap Presidential Proclamations 10014 and 10052. What are these Proclamations all about?
Presidential Proclamation 10014
Back in April of 2020, former President Trump issued Presidential Proclamation 10014 which imposed a 60-day ban on the issuance of visas at U.S. Consulates and Embassies abroad and limited the entry of certain aliens.
Among those impacted were the following classes of immigrants applying for a visa at a United States Consulate or Embassy abroad from April 23, 2020 to the present:
Spouses and children of green card holders (US citizens were 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 (meaning over 21 years old) of US citizens applying at the consulate (children under 21 years old of US citizens were not affected)
Sons and daughters (meaning over 21 years old) of green card holders applying at the consulate
Diversity visa lottery winners
EB1A extraordinary abilities and their family applying at the consulate
PERM EB3, PERM EB2, NIW employment based and their family applying at the consulate
EB4 religious workers immigrants applying at the consulate
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides an important update regarding K-1 litigation and the status of K-1 status around the world.
Want to know more? Keep on watching for more information.
Overview
What is happening with K-1 visas?
As you know, the Department of State suspended routine visa services worldwide in March 2020 due to the COVID-19 pandemic. It was not until July of 2020 that the Department of State announced that U.S. Embassies and Consulates would begin a phased resumption of routine visa services. Unfortunately, this phased resumption has occurred only on a post-by-post basis, as country conditions have allowed.
For the most part, the majority of visa services have remained suspended at U.S. Embassies and Consulates worldwide except in cases of emergency, mission-critical visa services, and where applicants have been able to qualify for a national interest exception or expedited interview request.
When pressed for answers, the response from Consulates has been the same. The majority have refused to provide a specific date as to when each mission will resume visa services or when each mission will return to processing visas at pre-pandemic workload levels.
To make matters worse, there are a number of COVID-19 related Presidential Proclamations that remain in force which prevent the entry of foreign nationals who have been physically present in the Schengen Area, the United Kingdom, Ireland, Brazil, China, and Iran, within the 14 days preceding their entry or attempted entry into the United States. These individuals remain barred from traveling unless they qualify a national interest exception. Those who do not qualify will not be able to obtain a visa until the Proclamations have been lifted by the President.
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.
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