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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…