Consular Visa Processes

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Update on Visa Interview Waivers

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On December 21, 2023, the Department of State (DOS) announced an updated visa interview waiver policy, which took effect on January 1, 2024.  The policy both expands and limits the policy that was in place for 2023 and is in place until further notice. 

Under the updated policy, visa interviews may now be waived for nonimmigrant visa applicants applying for any nonimmigrant visa classification who:

    • Were previously issued a nonimmigrant visa in any classification, unless the only prior issued visa was a B visa; and

    • Are applying within 48 months of their most recent nonimmigrant visa’s expiration date (including renewing a nonimmigrant visa in the same classification).

Note that the interview waiver policy now covers all nonimmigrant visas, vs. certain petition-based categories.  However, note that for applicants whose only prior visa was a B-1, or for first time visa applicants who are citizens of Visa Waiver Program countries, interview waiver is no longer available.   

 Additional applicant criteria include:

  • Application is in their country of nationality or residence (physical presence is required).

  • Applicant has never been refused a visa (unless such refusal was overcome or waived).

  • Applicant has no apparent or potential ineligibility.

Even if an interview is waived, applicants must complete all other application steps such as completing a DS-160, paying the visa application fee, completing the steps on the relevant Embassy or Consulate’s visa appointment service website, and couriering the relevant documents as required.  Applicants are also reminded that in-person interviews may still be required on a case-by-case basis or in light of local conditions. 

 © Jewell Stewart & Pratt PC 2024

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President Biden Issues Proclamation Revoking Immigrant Visa Ban

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Last updated: 02/25/2021

On February 24, 2021, President Biden issued a President Proclamation revoking Proclamation 10014, known as the Immigrant Visa Ban or “IV Ban”. The IV Ban prevented the issuance of U.S. permanent residence (green card) visas by U.S. Embassies and Consulates for foreign nationals outside the U.S. Today’s Proclamation states in part that the IV Ban:

“does not advance the interests of the United States. To the contrary, it harms the United States, including by preventing certain family members of United States citizens and lawful permanent residents from joining their families here. It also harms industries in the United States that utilize talent from around the world. And it harms individuals who were selected to receive the opportunity to apply for, and those who have likewise received, immigrant visas through the Fiscal Year 2020 Diversity Visa Lottery.”

The Proclamation is posted here. The Department of State also issued guidance for IV applicants and visa holders (including Diversity Visa applicants/holders), available here.

Nonimmigrant visa bans (preventing temporary visa issuance by U.S. Embassies and Consulates until March 31, 2020 or revocation) and COVID travel bans remain in effect as of this writing. Permanent residence applications and visa petitions filed for foreign nationals inside the U.S. continue to be unaffected.

© Jewell Stewart & Pratt PC 2021

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Update on Implementation of Public Charge Rule

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As previously posted, on Monday, January 27, 2020, the U.S. Supreme Court granted the administration’s request for a stay of the nationwide injunction against the administration’s public charge rule, which cleared a path for the Department of Homeland Security (“DHS”) to implement the public charge rule within the United States starting on February 24, 2020.

The new rule drastically changes the standard by which a foreign national is determined to be “likely at any time to become a public charge” (and consequently inadmissible to the U.S.), and affects not only family-based but also employment-based filings.

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Update on Expansion of Travel Ban 3.0

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On January 31, 2020, the Trump administration expanded the current Travel Ban (commonly referred to as “Travel Ban 3.0”), which has been deemed lawful by the U.S. Supreme Court, to include additional countries. As with prior versions of Travel Ban 3.0, the expansion suspends entry by preventing visa issuance to citizens and nationals of the listed countries. As the ban is a visa issuance restriction and not an entry restriction, nationals from the affected countries who already hold visas may continue to use those visas.   

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Update on DHS and DOS Public Charge Rule

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Update:

USCIS announced on January 31, 2020 that it will implement the rule changes for filings received on or after February 24, 2020. New forms are to be released the week of February 3, 2020.

Original post:

As discussed in a prior post, the administration’s “public charge” rule changes the standard by which a foreign national is determined to be “likely at any time to become a public charge” (and consequently inadmissible to the U.S.). While litigation has delayed the implementation of the rule, on Monday, January 27, 2020, the U.S. Supreme Court granted the administration’s request for a stay of the nationwide injunction against the rule, which clears a path for the Department of Homeland Security (“DHS”) to implement the public charge rule within the United States, except for Illinois, which has a statewide injunction that remains in place.

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Presidential Proclamation on Health Insurance for New Immigrants

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Update: This Presidential Proclamation is the subject of litigation. As of Saturday, November 2, 2019, there is a nationwide temporary restraining order against the enforcement of the Proclamation.

Original post:

On Friday, October 4, 2019, President Trump issued a Presidential Proclamation entitled Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System, which imposes a health care insurance requirement on new immigrants. Specifically, it requires applicants for immigrant visas to show the ability to purchase unsubsidized commercial health insurance within 30 days of U.S. entry.

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DHS Publishes Final Rule Expanding Public Charge Ground of Inadmissibility

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Update: This regulation is the subject of litigation. As of Friday October 11, 2019, there is a nationwide injunction against the enforcement of this rule by DHS. The Department of State (“DOS”) version of the rule, however, went into effect on October 15, 2019, but as of October 15, 2019, the DOS has not yet implemented that rule.

Original post:

Effective October 15, 2019, unless halted by litigation, the standard by which a foreign national is determined to be “likely at any time to become a public charge” (and consequently inadmissible to the U.S.) will drastically change.

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Forms DS-160 and DS-260 now require disclosure of social media accounts

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On May 30, 2019, the U.S. Department of State added required questions about social media accounts or identifiers to the online nonimmigrant and immigrant visa application forms, the DS-160 and DS-260.  This means that anyone applying for a U.S. nonimmigrant visa (a temporary visa) or a U.S. immigrant visa (permanent residence, a green card) must disclose all social media accounts used in the last five years. Social media presumably will be reviewed by U.S. Consular personnel in the course of visa adjudications.

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DHS Announces Visa Sanctions on Four Countries

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The Department of Homeland Security (DHS) announced on September 13, 2017 that visa sanctions would be imposed on Cambodia, Eritrea, Guinea, and Sierra Leone due to lack of cooperation in accepting their nationals ordered removed from the United States. Some of the specific visa sanctions announced were:

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Update: State Department now using Form DS-5535, Supplemental Questions for Visa Applicants

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News Release from Jewell Stewart & Pratt PC – June 5, 2017 As noted in our prior post, the Department of State recently published a Notice of request for emergency approval by the Office of Management and Budget (OMB) for its new form, Form DS-5535, Supplemental Questions for Visa Applicants. The form was designed to collect extra information from visa applicants who have been determined to warrant additional scrutiny in connection with terrorism or other national security-related visa ineligibility.

According to a news report from The Washington Post, Form DS-5535 was approved by the OMB and has been in use at U.S. embassies and consulates since May 25, 2017. A copy of the form is currently available on the U.S. Embassy and Consulates in Turkey website. The extra information it collects includes:

  • Countries visited over the last fifteen years
  • Email addresses used in the past five years
  • Social media handles and aliases used in the past five years

Form DS-5535 is authorized on an emergency basis through November 2017, but as The Washington Post article notes, it is expected to be authorized on a permanent basis.

© Jewell Stewart & Pratt PC 2017