2020

At least a couple of times a month I get a similar, frantic phone call. “I just applied for a new visa, but it was denied. The consul didn’t like the fact that I spent 5 months in the US on my last trip.  I told him that the airport inspector allowed me to stay for 6 months. I didn’t do anything wrong!”  Or “My visa has been revoked. But I didn’t do anything wrong.  When I arrived in the US, they gave me 6 months to stay, so I did. I didn’t violate any laws, so why are they revoking my visa?!?” The revocation is done by either the consul or the airport inspector the next time the visa holder arrives in the US. There are many “red flags” here considered by the consul or airport inspector: The visa holder must remember that when he applies for a visa…

On February 22, we published Part 1 of this FAQ. Since then, the Department of State, including all embassies and consular posts outside the United States, implemented the new rules. What practical changes have gone into effect? It is still too early to know exactly what each embassy and consulate will require from immigrant visa applicants.  However, in the few weeks since the rules went into effect, it appears that embassies and consulates processing immigrant visas are requiring 1) the completion and submission of the Form DS-5540 and 2) asset and income documents confirming the information in the Form.   The new Form DS-5540 asks about the immigrant visa applicant’s 1) age: 2) health; 3) household size; 4) assets; 5) current and future income; 6) liabilities; 7) past usage of public benefits in the US, if any; 8) education; and 9) trade/vocational skills. Documents confirming assets, such as real estate appraisals…

We have just posted an in-depth article on this site about the various types of Diversity Lottery refusals – and how to prevent or challenge them.  At least 30,000 individuals go through Diversity Visa interviews every year – and don’t receive the visas.  Putting aside the approximately $10,000,000 in processing fees pocketed by the Department of State from unsuccessful applicants every year and millions more spent by these applicants in medical exams, travel, etc…, the article spotlights the veritable minefield of potential reasons for refusal.  One would think that the Lottery aspect of the Diversity Visa Program only applies to the selection – competing to be one of the less than 1% selected. But what many winners find is that even after selection the “Lottery” elements of luck and chance continue right up until September 30: until the visa is issued or denied or the application is not acted upon…

Suspension of Routine Visa Services Last Updated: March 20, 2020   In response to significant worldwide challenges related to the COVID-19 pandemic, the Department of State is temporarily suspending routine visa services at all U.S. Embassies and Consulates. Embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments as of March 20, 2020. As resources allow, embassies and consulates will continue to provide emergency and mission critical visa services. Our overseas missions will resume routine visa services as soon as possible but are unable to provide a specific date at this time. Services to U.S. citizens continue to be available. More information is available on each Embassy’s website. This does not affect the Visa Waiver Program. See https://esta.cbp.dhs.gov/faq?focusedTopic=Schengen%20Travel%20Proclamation for more information. Although all routine immigrant and nonimmigrant visa appointments are cancelled, the Machine Readable Visa (MRV) fee is valid and may be used for a visa appointment in the country…

Visa applicants whose applications were pending under Section 221(g) received a shock yesterday morning when they went to check the status of their cases on the Department of State’s website.  Suddenly, the status of their cases changed to “Refused” from “Administrative Processing”.  Imagine the trauma inflicted on applicants who have been waiting months or even years to see that suddenly, their applications had been refused: their chance to immigrate, visit, study, or work in the US was denied. Only after reading the remaining text on the Status page does it become clear that the applications were not definitively denied, that they remain under adjudication, i.e, no final decision has been made. The small explanatory note under the bold heading of Refused states: 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…

What are the new Public Charge Rules? Section 212(a)(4) of the Immigration and Nationality Act makes inadmissible immigrants who are “likely at any time to become a public charge”.  Practically speaking, in the past, if the sponsor in the United States had sufficient income (more than the poverty level) or assets, then the immigrant successfully received the visa or adjusted status. Now, the focus will be on the immigrant him or herself. The examiner will consider the personal circumstances of the immigrant: is it likely that he or she will become a public charge at any time in the future?  The circumstances to be reviewed include age, health, family size, financial resources, education and skills, and sponsor.  In short, this rule will adversely impact the elderly or soon-to-be-retired; those with medical conditions; the less educated; those with large families; those with few job prospects in the United States; those who…

One usually does not associate the US Government Accountability Office with “interesting” reports, but last year’s report on E-2 visas was eye-opening.  Of particular note are the reasons why E-2 applicants are denied.  While the report is limited to examining certain countries, it provides critical insight into the thinking of consular officers and obstacles to obtaining E-2 visas. As a reminder E-2 visas are limited to nationals of countries with whom the United States has commerce and navigation treaties. The full list of countries can be found on the Department of State’s website, with 80% of all E-2 applicants originating from 9 countries: Japan, Germany, UK, France, Canada, Mexico, South Korea, Italy, and Spain. The majority of E-2 visa applicants are related to large investments (>$10 million) – think of managers and essential employees going from Japan to work in a large car plant in the United States.  However, the…

Statutes of limitation apply in criminal law. They were put into place to prevent the prosecution of an alleged wrongdoing after a certain number of years has gone by (usually 5-7 years). There are many reasons for this: evidence goes stale; witnesses are unavailable; memories fade; to allow for certainty and repose of the parties; and to prevent inconsistent decisions.  But there is no statute of limitations in visa/immigration law. With some exceptions, until recently, this has not been a significant problem.  But along with the anti-immigrant politics of the Trump Administration has come a new visa phenomenon: consular officers are now using the lack of a statute of limitations to “exhume” perceived past visa transgressions.  They are re-opening and reconsidering suspected visa violations – with no limitation of time or past consular “exoneration”.  Consular officers are now revisiting such transgressions from 5, 10, or even 15 years ago –…

The Trump Administration announced new rules regarding birth tourism, which took effect on January 24, 2020.  Already, misinformation has cropped up. So to provide some clarity, the below FAQ is provided: Whom do the new rules affect? They only affect applicants for B visitor visas; they do not impact current holders of visas nor citizens of  Visa Waiver Program countries who can enter the US without a visa. May current holders of visas and those who hold passports from Visa Waiver Program countries enter the United States to give birth? The Department of Homeland Security, which include Customs and Border Protection inspectors at ports-of-entry, has not announced any new policies or reinterpretations of allowing entry for those who enter to give birth.  In the past inspectors permitted women to enter the US to give birth as long as they could show the ability to cover the cost of birth.  However,…

One of the biggest misconceptions about immigration law is that a green card is the same as citizenship  –only without a passport or the ability to vote. But what many permanent residents do not realize is that they can be deported.  The reasons are many: not only for a conviction of a serious or drug-related crime, but also for abandoning their residency in the United States or becoming a “public charge”.  The question of deportability can come up when applying for naturalization, or after an absence of more than 180 days from the United States. Imagine a situation where a green card holder who uses public benefits in the US  leaves to visit his home country.  During his visit, his father gets sick and he needs to stay to help take care of his father.   After a 7 month absence from the US, he returns.  Upon his arrival at the…

Visa refusals continue to skyrocket under the Trump Administration – and it doesn’t seem to matter whether the applicants are from countries considered “friends” or “foes” of the United States.  While the refusal rates for some countries, such as Vietnam, Philippines and Pakistan, have remained relatively stable, other countries have seen a significant jump.  Brazil, Nigeria, Russia, Ukraine, Uzbekistan and China have each seen increases of more than 25% over the past two years, with India and Mexico not far behind.  Below are the visa refusal statistics for B visas for fiscal years 2017-2019. Country % of B Visa Applicants Refused in FY-2017 % of B Visa Applicants Refused in FY-2018 % of B Visa Applicants Refused in FY-2019 % Increase from FY-2017 to FY-2019 Brazil 12.34 12.73 18.48 49.75 China 14.57 17 18.22 25.05 India 23.29 26.07 27.75 19.14 Mexico 22.5 24.93 26.66 18.48 Nigeria 44.95 57.47 67.20 49.49…