Tag: U.S. Embassy

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Updates

U.S. Embassy Updates: Resolving Backlogs

U.S. Embassy Updates: Resolving Backlogs
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If the National Visa Center (NVC) determines you have paid the necessary fees, submitted the required immigrant visa application, Affidavit of Support, and supporting documents to NVC, you will receive an email that your case is documentarily complete and NVC will work with the appropriate U.S. Embassy or Consulate to schedule an appointment for you. NVC cannot predict when your case will be scheduled for an interview.

The U.S. Embassy or Consulate General tells NVC what dates they are holding interviews, and NVC fills these appointments in a first-in, first-out manner. Please keep in mind, applicants in a numerically limited (preference) visa category can receive an appointment, their priority date must also be current.

Since March 2020, the COVID-19 pandemic has dramatically affected the Department of State’s (DOS) ability to process immigrant visa applications.  U.S. embassies and consulates are working to resume routine visa services on a location-by-location basis as expeditiously as possible in a safe manner. Visa applicants waiting to be interviewed on their applications have been waiting longer despite the fact that they have been documentarily qualified. The reason for the delay of 1 -2 years before an interview is scheduled is the number of visa applicants that have been pending.

For the month of February 2022, the NVC released the following figures to indicate the number of cases that are pending worldwide:

Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of January 31

464,120
Number of documentarily complete IV applicants scheduled for February 2022 interview appointments

27,454
Number of eligible IV applicants still pending the scheduling of an interview after February 2022 appointment scheduling was completed

436,666

Note: In Calendar Year 2019 on average, 60,866 applicants were pending the scheduling of an interview each month.

A documentarily complete visa applicant will receive an update from the NVC every 60 days to make sure that the visa applicant is on the queue for a visa interview.

In a recent meeting of the American Immigration Lawyers Association with the DOS, one of the measures being taken to resolve the backlog is for the government to hire more consular officers. According to the State Department, Consular Affairs is working with the State’s office of Global Talent Management to ramp up hiring in FY 2022, but many posts will not see these new officers until the second half of FY 2022 or FY 2023, particularly for officers assigned to positions requiring language training. Hopefully, increased in consular officers will eventually reduce the backlog and interview dates for documentarily qualified visa applicants will be scheduled sooner.

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Updates

August 2021 Update on Consular Operations at the U.S. Embassy for Immigrant Visa Applicants

August 2021 Update on Consular Operations at the U.S. Embassy for Immigrant Visa Applicants
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The U.S. Embassy in the Philippines released its August update and reiterated that only limited scheduled appointments are being made as a result of the COVID-19 pandemic. Numerous visa applicants have been waiting for their visa interviews to be scheduled resulting in a severe backlog of cases on all immigrant visa categories.

The U.S. Embassy is using a tiered approach to triage immigrant visa applications, based on the category of immigrant visa in priority order:

  • Tier One: Immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), and certain Special Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government)
  • Tier Two: Immediate relative visas; fiancé(e) visas; and returning resident visas
  • Tier Three: Family preference immigrant visas and SE Special Immigrant Visas for certain employees of the U.S. government abroad
  • Tier Four: All other immigrant visas, including employment preference and Diversity Visas

There is no specific date given on when the resumption of full visa services or processing of a specific category of visa would occur. If there is an emergency requiring urgent travel, a request for expedite may be made through the U.S. Embassy website.

For assistance on consular processing of visa applications, call Tancinco Law at 1 888 930 0808 or you may visit our website at www.tancinco.com.

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Updates

How Recent COVID-19 Operational Changes in U.S. Immigration Agencies Impact Your U.S. Immigration Petitions/Status

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As most U.S. government agencies resume operation, Tancinco Law, P.C. compiles a summary of what you need to know about your immigration petitions pending with different offices. In addition, we also have described travel restrictions imposed in the Philippines and the United States as it relates to a Filipino/American citizen traveler.

U.S. CITIZENSHIP AND IMMIGRATION SERVICE (USCIS)

Emergency Services

On June 4, 2020, the local U.S. Citizenship and Immigration Services announced that their local offices have re-opened for non-emergency in person services. As of this writing, USCIS is only scheduling local InfoMod appointments. These are cases where the individual has an emergent need such as ADIT stamp or proof of lawful residence and issuances of advance parole.  Physical interview schedules or rescheduled on immigrant benefit applications are yet to be mailed. Slowly USCIS will safely resume in person services. Those who need emergency document services may make an appointment www.uscis.gov/contactcenter or call 1 800-375-5283.  There will be no entry for those with no appointments. No walk in visits at the USCIS.

Naturalization: Oath Taking Ceremonies 

Notices of rescheduled oath taking ceremonies will be mailed out. So those who passed their citizenship tests and are waiting to take their oath will soon receive notices. As USCIS safely resumes in-person services, some naturalization ceremonies may be conducted differently than in the past. You may receive supplemental information from USCIS that provides detailed instructions for your ceremony. 

Biometrics

USCIS announced that in certain cases, it will issue notifications of biometrics reuse to eligible individuals instead of coming to the Application Support Center for biometrics. For those not eligible for the reuse of biometrics, notices of new schedule will soon be mailed on their cancelled biometrics appointments. If you do not receive notification of biometrics or appointments within 90 days of USCIS opening, you may call 1-800-375-5283.

DEPARTMENT OF STATES: CONSULAR PROCESSING

NATIONAL VISA CENTER (NVC)

Applications and submissions of documents with the National Visa Center’s online platform ,CEAC, is fully operational.

As of June 1, 2020, the National Visa Center will no longer accept or respond to inquiries through mail. Inquiries including urgent medical or humanitarian situations are to be submitted through a Public Inquiry Form at https://nvc.state.gov/inquiry. As of June 1, 2020, NVC is responding to inquiries received on May 23, 2020.

Documents will only be mailed if there are explicit instructions from the National Visa Center to do so and those instructions were received through email, telephone call or letter from the National Visa Center.

Beneficiaries of visa petitions are reminded of the “one year contact” requirement that they should apply for the immigrant visa within one year of notice of visa availability or risk termination of the registration  or revocation of the visa petition.

U.S. EMBASSY IN MANILA

The Department of State announced that each post will reopen on their own timeline based on the situation in the respective country. 

On Visa Applications and Interviews:

As per June 8, 2020 communication with the U.S. Embassy in Manila the following response was provided:

The U.S. Embassy in the Philippines has canceled all immigrant and nonimmigrant visa interviews scheduled through July 3 due to the Philippines’ community quarantine measures to reduce the spread of COVID-19.

We will resume routine visa services as soon as possible but are unable to provide a specific date at this time. We appreciate your patience and understanding.

After the community quarantine is lifted in Metro Manila, all affected applicants should reschedule their visa interviews through the Embassy call center by phone at +63 (2) 7792-8988 or +63 (2) 8548-8223, or through the online appointment system at ustraveldocs.com/ph.

There is no fee to change an appointment and visa application fees are valid for one year in the country where the fee was paid.

With no specific date and time to reopen, all visa applicants who wish to reschedule their interview may call the phone numbers provided or go online and access the U.S. Embassy’s online appointment system.

On Expired Visa and Inability to Travel Because of COVID-19

If a visa has been issued but the applicant cannot travel, the U.S. Embassy in Manila when it opens may be able to reprint a visa foil if the underlying documents have not expired. Where the documents expire while waiting to be able to travel to the U.S. the applicant will be required to obtain new documents. 

IMMIGRATION COURTS

The immigration judges continue to hear cases of individuals who are in detention. 

On Monday, June 15, 2020, Honolulu Immigration Court will resume hearings for non detained cases.

For individuals within the jurisdiction of Boston, Buffalo, Dallas, Hartford, Las Vegas, Memphis and New Orleans, immigration court hearings for non-detained cases will resume on Monday June 29, 2020. In all other immigration courts outside of those mentioned, hearings are postponed through and including Friday June 26, 2020. Those with hearing notices scheduled on or before June 26, 2020 will receive new Notices of Hearing. It is more important to check with your legal counsel about the status of your hearing with the immigration court so as not to miss your hearing dates.

IMMIGRATION & CUSTOMS ENFORCEMENT (ICE)

ICE Arrests

ICE maintains that in light of the ongoing COVID-19, the agency adjusted its enforcement posture beginning March 18, 2020 and limited arrest to those cases that are with highest priorities to promote life saving and public safety activities. Note that this does not mean that they are suspending arresting individuals with criminal history or those subject to mandatory detention.

ICE emphasized that it shall abide by its sensitive locations policy during the COVID-19 crisis and will not carry out enforcement operations at or near health care facilities, such as hospitals, doctors offices, accredited health clinics & emergent or urgent care facilities. Note though that ICE agents are present during protests despite the fact that these are considered sensitive locations. Unauthorized immigrants including DACA recipients joining the rallies/protests must be aware of their rights should they be taken into custody.

ICE Check Ins

Individuals required to report regularly to ICE for in person check-ins have been allowed to do so through alternative means. As of April 17, 2020, the in-person reporting has been temporarily suspended. However, individuals who are subject to the reporting requirement in lieu of detention/removal are still mandated to report either by calling or telephone check ins. For stays of removal applications, ICE-ERO will accept I-246 by mail.

 

TRAVEL TO THE PHILIPPINES AND UNITED STATES

Travel to the Philippines

Under existing guidelines, arriving U.S. citizens or non Filipinos are still not allowed to enter the Philippines even after 31 May 2020. Only OFWs, Foreign nationals married to Philippine citizens including their dependent children and foreign diplomats are allowed to enter the country.

All non-Filipinos who intend to depart the country can leave anytime. Filipinos are not allowed to leave unless they are OFWs, permanent residents, or holders of student visas in their countries of destination.However, they may have challenges in booking a flight as most of the international flights remain suspended.

Passengers Not Subject to the Restrictions and Who Are Arriving in the Philippines Subject to Mandatory Quarantine

All travelers to Manila will undergo the usual thermal scan upon arrival. If a passenger is showing symptoms of the COVID-19, s/he will undergo a real-time polymerase chain reaction (RT-PCR) test. Travelers whose test results are positive will be transferred to a designated hospital for further medical management.

Those who do not have symptoms will undergo a mandatory quarantine where a baseline rapid test will be conducted. While waiting for the results, passengers must stay in either a government designated quarantine facility or in a Bureau of Quarantine approved quarantine hotel for 14 days.

After quarantine is completed, individuals may go about their travel plans subject to quarantine protocols of the local government of their destination.

Filipinos who are not OFWs and Non-Filipinos will shoulder their own payment for the accommodation.

Traveling to the United States

Philippine citizens are not banned from entering the United States as long as they have valid U.S. temporary or permanent resident visas. Those who traveled internationally in the past 14 days and return to the United States, they are required to self quarantine, stay home and monitor their health. 

Unless the traveler is a U.S. citizen or a permanent lawful resident (green card holder), s/he will be banned from entering the U.S. if s/he traveled from the following countries: China, Hong Kong and Macau, Iran, the UK and Ireland Schengen area which encompasses the following 26 European Countries: 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.

U.S. citizens and lawful permanent residents of the United States, certain family members, and other individuals who meet specified exceptions who have been in one of the countries listed above in the past 14 days will be allowed to enter the United States through on of these airports: 

  • Boston-Logan International Airport (BOS), Massachusetts
  • Chicago O’Hare International Airport (ORD), Illinois
  • Dallas/Fort Worth International Airport (DFW), Texas
  • Detroit Metropolitan Airport (DTW), Michigan
  • Daniel K. Inouye International Airport (HNL), Hawaii
  • Fort Lauderdale-Hollywood International Airport (FLL), Florida
  • George Bush Intercontinental Airport (IAH), Texas
  • Hartsfield-Jackson Atlanta International Airport (ATL), Georgia
  • John F. Kennedy International Airport (JFK), New York
  • Los Angeles International Airport, (LAX), California
  • Miami International Airport (MIA), Florida
  • Newark Liberty International Airport (EWR), New Jersey
  • San Francisco International Airport (SFO), California
  • Seattle-Tacoma International Airport (SEA), Washington
  • Washington-Dulles International Airport (IAD), Virginia 

After arriving in the United States from one of these countries, CDC recommends that travelers stay home and monitor their health for 14 days. 

(Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law P.C. Her office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102 and may be reached at 1-888-930-0808; email at law@tancinco.com, www.facebook.com/tancincolaw or check their website at tancinco.weareph.com/old.) 

Categories
Updates

Updates of Agency Closures: USCIS, Immigration Courts, Embassy

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USCIS : CLOSED UNTIL MAY 3

U.S. Citizenship and Immigration Services (USCIS) offices have extended their temporary closure from April 1 to May 3 and will reopen on May 4.

As a result of this closure, there will be no face to face interviews, no oath taking ceremonies for new U.S. citizens. Interviews including biometrics scheduled during this period that the USCIS is closed will be rescheduled. USCIS will send new Notices of Interview. Please note that U.S. postal services are still open and if you need to file for applications for extensions or changes of status you can still do so either by mail and when permitted through on-line filing.

IMMIGRATION COURTS (EOIR): NON-DETAINED HEARINGS ARE POSTPONED UNTIL MAY 1
Those who have pending hearings before Immigration Courts and they are not detained, their hearings scheduled between now until May 1 will be rescheduled. Hearings for detained clients/respondents are still ongoing unless the Court grants continuances.

U.S. EMBASSY IN MANILA: VISA PROCESSING AND ISSUANCES ARE PUT ON HOLD
The U.S. Embassy in Manila has suspended temporarily its immigrant and nonimmigrant visa services. However, emergency services are still provided especially for U.S. citizens. Please check the U.S. Embassy website for more information.

Categories
Updates

Provisional Waiver New Rules to Benefit More Unauthorized Immigrants

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A significant number of unauthorized immigrants who have been petitioned by U.S. citizen or residents’ relatives or employers still find themselves, after many years, still without legal status. Those who are not eligible, among others, include those who entered without inspection, fiancé visa holders with new partners, as well as those who entered with crewman visas. Generally, for those petitioned in family and employment-based preference categories they may adjust status only if they are in lawful status.

In 2013, the provisional waiver rules was released by the U.S. Citizenship and Immigration Services (USCIS) giving immediate relatives of U.S. citizens who are ineligible to adjust an opportunity to obtain a provisional waiver, leave the U.S. and get their immigrant visa at a U.S. Embassy or consulate abroad. Upon their return, they are considered legal residents after having cured their only ground of inadmissibility which is “unlawful presence” through approval of their provisional waiver. Unfortunately, this 2013 provisional waiver is very limited.

On July 29, 2016 USCIS announced that it is expanding the provisional waiver program. There are five changes to the provisional waiver rules.

First, more unauthorized immigrants may now apply for the provisional waiver and will have the opportunity to legalize their stay in the United States. In 2013, only those with immediate relative petitions were eligible for provisional waiver. Now, in 2016, individuals petitioned in any of the family or employment based preference categories may now apply for provisional waiver. The priority dates of these visa petitions must be current which means that there is an available visa and that the beneficiary does not have any other ground of inadmissibility other than being “out of status”. The Second change in the rule is consideration of additional relatives who may be qualifying relatives. For purposes of the extreme hardship requirement to qualifying relatives, the new rule now permits LPRs or green card holder parents and spouses to be considered for purposes of showing extreme hardship.

Thirdly, besides expanding the scope of petitions covered by the provisional waiver, the new rules also allow those in removal proceedings or those with removal orders to apply for provisional waiver.

Fourth, the new rules now clearly states that USCIS may no longer use the “reason to believe” that there are other grounds of inadmissibility to deny the provisional waiver. In the 2013 rules, despite an apparent eligibility for provisional waiver USCIS nevertheless denied waiver applications based on “reason to believe”. This is now eliminated in the 2016 rules.

Lastly, the Department of State “interview schedule” bar has been eliminated. USCIS may now allow applicants to apply for provisional waiver despite having been scheduled for a visa interview prior to 2013. In eliminating this bar, there will be more applicants who may qualify for the provisional waiver.

Those who may eligible may now prepare to file their applications for provisional waivers in time for the effectivity date of the new rule which is August 29, 2016.

(Atty. Lourdes Santos Tancinco, Esq. is an immigration attorney with the Tancinco Law Offices, a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com, facebook.com/tancincolaw, or through tancinco.weareph.com/old)

Categories
Global Pinoy

Nonimmigrants with immigration violations and the waiver application

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Most of the time, complications in obtaining visas are the result of past errors committed by an applicant, which could have been avoided. These past wrongful acts may come to haunt the future applicant for visa.

Elna and her husband Paul were green card holders and they have a US citizen-born daughter. Paul later moved back to the Philippines for work and Elna would travel often to be with him.

To keep her green card status, she would regularly return to the US and obtain reentry permits for her long trips.

Five years ago, Elna went to the Philippines for 11 months. She was erroneously told by a friend that she will have problems when she returns to the US because she has spent too much time in the Philippines and does not have a reentry permit.

Fake arrival stamp

Elna was worried and sought assistance from this friend. She was referred to a former airport employee who gave her a fake arrival stamp on her passport to show that she was in the Philippines for only one month.

When Elna returned to the US, the immigration officer discovered the fake arrival stamp. To avoid removal proceedings, Elna admitted to the fake stamp, and abandoned her resident status and voluntarily returned to the Philippines.

Elna has been living in the Philippines since she abandoned her status. Elna’s daughter Julia, who lives in the US, is pregnant. She wants to go back for her first grandchild’s birth.

She applies for a tourist visa at the US Embassy but her application is denied because she is inadmissible for fraud based on the fake arrival stamp she previously used. Will Elna be able to obtain a tourist visa to visit Julia and her family?

All grounds of inadmissibility

Elna is eligible to apply for a 212(d)(3) waiver for her fraud. Except for security-related grounds, this waiver applies to virtually all grounds of inadmissibility including visa overstay, criminal records, unauthorized employment, fraud/misrepresentation and removal orders.

The waiver is only available to nonimmigrant visa applicants such as tourists, H-1Bs, students, etc. Eligibility does not depend on having a qualifying family member or the passage of a specified time since the immigration violation.

As there is no specific form for the waiver, the applicant will need to explain the circumstances that led to the immigration violation and provide evidence that he or she is not a threat to the US.

Evidence of life changes such as rehabilitation or good character, established career, good family and community ties in order to persuade the consular officer that the immigration violation will not occur again. The decision to grant this waiver is discretionary.

The waiver can take approximately four to six months to be processed. While the waiver is available to a broad range of applicants, it is only a temporary solution.

The waiver is valid for one year and will need to be renewed each time the applicant applies for a visa.

Considering the harsh consequences involved in fraud and misrepresentation, it is best to avoid committing any immigration violation as it will always affect your chances of coming to the US and will only result in difficult and lengthy separations from your family, friends and business matters.