Fiance Visa Processing is functioning again for case already approved by USCIS, but not yet forwarded to the Embassy or Consulate. US Embassy and Consulates Posts will resume K visa application processing as local conditions and resources allow.
Applicants should check the website of their nearest U.S. Embassy or Consulate for updates on what services that post is currently able to offer. Where an embassy indicated on its website that is allowing routine visa scheduling we are recommeding that clients contact the Post directly for the case file to be forwarded from the National Visa Center (NVC) to the Post for interview scheduling.
The process for interview will vary widely Post to Post, so in each case it will be important to keep in close contact with the local post and follow their local instructions closely to ensure timely visa stamping interview scheduling.
The 1-129 Petition for Alien Fiance(e) is typically valid for four months; however, consular officers may revalidate the 1-129 petition in four month increments. For most cases impacted by the suspension of routine visa services or COVID-19 travel restrictions it will not be necessary to file a new 1-129 petition.
Posted by: Christopher M. Pogue, Esq AT 11:38 am
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USCIS will not stop paying its employees... Rather USCIS will find "cost savings" in failing to actually work in a reasonable time frame on the cases that are submitted for review.
How bad could this be? We don't know yet.
However USCIS is now quoting that an Employment Authorization Document that took 45-90 days to process prior to Trump for legally working in the US will now take approximately 28.5 MONTHS to 37 MONTHS to be produced.... and on October 2 you will even need to pay extra for this application....
This begs the question. Is US immigration even open for business if you need to wait three [3] years for a work card to begin working?
The Trump Administration's message here is clear. If you want to end all legal immigration to the US vote for Trump in 2020. The best and the brightest will move away, and the good jobs will follow them out of the US.
With four more years of Trump, US workers will begin immigrating elsewhere for jobs and opportunity as large corporations will see no need to staff in such an inhospitable, anti-international, and hateful climate.
Bottom line for now: we can expect delays in every facet of immigration processing, and if Trump is re-elected in November....
Posted by: Christopher M. Pogue, Esq AT 09:49 am
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USCIS, in yet another legal loss for its unconscionable conduct during the Trump Administration and during the pandemic, was forced by the courts to agree to expand the evidence for proof or employment eligibility based on USCIS's failure to timely print and mail out EAD cards after their approval.
As a result, employees may use Form I-797, Notice of Action, with a Notice date on or after December 1, 2019 just as they would an EAD card.
Employees may present their Form I-797 Notice of Action showing approval of their I-765 application as a list C document for Form I-9 compliance until at least December 1, 2020.
The Trump Administration has significantly changed the USCIS fee schedule by adjusting fees by a weighted average increase of 20 percent, adding new fees, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain forms.
The rule is effective 10/2/20. Any application, petition, or request postmarked on or after this date must be accompanied with the fees established by this final rule. (85 FR 46788, 8/3/20)
In addition to adjusting fees, the final rule removes certain fee exemptions, limits fee waivers, alters premium processing time limits, and modifies certain intercountry adoption processing.
Some of USCIS’s forms will change. USCIS will post the new and revised forms online 30 days before the new rule goes into effect. These forms include:
Form I-129, Petition for a Nonimmigrant Worker;
Form I-600/I-600A, Supplement 3, Request for Action on Approved Form I-600/I-600A;
Form I-765, Application for Employment Authorization; and
Form I-912, Request for a Fee Waiver.
USCIS will provide a grace period of up to 60 days in which it will accept both the previous and the new versions of certain forms as long as payment of the new, correct fees accompanies the forms. Applicants and petitioners must use the new or revised form by Oct. 2, 2020.
Immigration Benefit Request
Current Fee
Final Fee
Change ($)
Percent Change
Form Revisions
I-90 Application to Replace Permanent Resident Card (online filing)
I-539 Application to Extend/Change Nonimmigrant Status (online filing)
$370
$390
$20
5 percent
I-539 Application to Extend/Change Nonimmigrant Status (paper filing)
$370
$400
$30
8 percent
I-589 Application for Asylum and for Withholding of Removal
(The rule provides for $50 reduction in the fee for Form I-485 filed in the future for principal applicants who pay the $50 fee for Form I-589 and are subsequently granted asylum.)
The claim: Trump banned welfare for some immigrants, which will save $57.4 billion a year
President Donald Trump's agenda has fueled a stream of immigration-related misinformation.
A claim that Trump banned welfare for immigrants in the U.S. illegally, which will save $57.4 billion per year, has circulated on Facebook and resurfaced in late May. But this claim is false for a couple of reasons.
First, Trump didn’t ban welfare for immigrants in the U.S. illegally. Undocumented immigrants have been ineligible for most federal programs since before Trump took office.
Second, the “$57.4 billion” figure comes from a 2017 study that measured the economic cost of general public services at the state and local level of immigrants who came to the country both legally and illegally and their children. So this measurement includes all immigrants, not just those here illegally, as the Facebook post claims. Researchers attributed most of the $57.4 billion to education, PolitiFact reported.
Examining '$57.4 billion'
The National Academies published in 2017 a 618-page report by the Committee of National Statistics that details the economic impact of immigration in the United States.
The report averaged data from 2011-13 and concluded that first-generation immigrants (foreign-born residents) and their dependents (children) cost state and local governments $57.4 billion, with most of the expense going to education.
But researchers relied on data from the Census Bureau’s Current Population Survey, which according to the professor who chaired the panel of researchers, barred them from differentiating between types of immigration, PolitiFact reported. So their estimate includes immigrants who came to the country legally and illegally. That's not what the Facebook user claimed.
The report noted “the second and third-plus generation individuals (and their children) create benefits of $30.5 billion and $223.8 billion. … Note that the surplus revenues raised amount to $197 billion, which equals the surplus across all 50 states. ... By the second generation, immigrants are a net win for the states as a whole, given that they have fewer children on average than first generation units and are contributing in revenues more than they cost in expenditures.”
Some immigrants have been ineligible for most social services
Congress has long restricted immigrants’ access to public benefits. A federal law in 1882 established that immigration officials should deny entry to any person likely to become a "public charge."
That attitude prevails.
“Undocumented immigrants, including DACA (Deferred Action for Childhood Arrivals) holders, are ineligible to receive most federal public benefits, including means-tested benefits such as Supplemental Nutrition Assistance Program (SNAP, sometimes referred to as food stamps), regular Medicaid, Supplemental Security Income (SSI), and Temporary Assistance for Needy Families (TANF)," the National Immigrant Forum, a nonprofit that advocates for immigration reform, explains on its website. "Undocumented immigrants are ineligible for health care subsidies under the Affordable Care Act (ACA).”
The Trump administration must begin accepting new applications for the Obama-era program that shields undocumented immigrants who came to the US as children from deportation that do not have a criminal record, a federal judge ruled Friday.
The order comes nearly a month since the Supreme Court blocked the Trump administration's attempt to end the Deferred Action for Childhood Arrivals program. That ruling emphasized that the administration failed to provide an adequate reason to justify scrapping DACA.
Judge Paul Grimm of the US District Court for the District of Maryland said Friday that the program is to be restored to its "pre-September 5, 2017 status," meaning the status quo before President Donald Trump tried to terminate it, thereby giving hundreds of thousands of DACA-eligible immigrants the opportunity to apply.
However it may still be wise before filing a new, first time DACA application to wait until there is better guidance issued by USCIS to ensure proper filing.
To qualify for DACA one must:
Have entered the United States under the age of 16,
Be currently enrolled in school, have graduated high school (or GED), OR willing and eligible to serve in the military,
Have been in the United Statessince June 15, 2007, AND
Have a minimal criminal record. (No felonies, DUI's, or high-level misdemeanors. Minor traffic and most minor misdemeanor crimes should not cause a problem.)
Expect Delays in EAD/AP card and Green Card Production. USCIS litterally turned off the printing presses in June.
Without telling Congress, the Trump administration has scaled back the printing of documents it has already promised to immigrants — including green cards, the wallet-size I.D.’s legal permanent residents must carry everywhere to prove they are in the United States lawfully.
In mid-June, U.S. Citizenship and Immigration Services’ contract ended with the company that had been printing these documents. Production was slated to be insourced, but “the agency’s financial situation,” USCIS said Thursday, prompted a hiring freeze that required it to ratchet down printing.
Of the two facilities where these credentials were printed, one, in Corbin, Ky., shut down production three weeks ago. The other facility, in Lee’s Summit, Mo., appears to be operating at reduced capacity.
Some 50,000 green cards and 75,000 other employment authorization documents promised to immigrants haven’t been printed, USCIS said in a statement. The agency said it had planned to escalate printing but that it “cannot speculate on future projections of processing times.” In the event of furloughs — which the agency has threatened if it does not get a $1.2 billion loan from Congress — “all agency operations will be affected.”
SEVP modifies temporary exemptions for nonimmigrant students taking online courses during fall 2020 semester
WASHINGTON – The Student and Exchange Visitor Program (SEVP) announced modifications Monday to temporary exemptions for nonimmigrant students taking online classes due to the pandemic for the fall 2020 semester. The U.S. Department of Homeland Security plans to publish the procedures and responsibilities in the Federal Register as a Temporary Final Rule.
Temporary exemptions for the fall 2020 semester include:
Nonimmigrant F-1 and M-1 students attending schools operating entirely online may not take a full online course load and remain in the United States. The U.S. Department of State will not issue visas to students enrolled in schools and/or programs that are fully online for the fall semester nor will U.S. Customs and Border Protection permit these students to enter the United States. Active students currently in the United States enrolled in such programs must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status. If not, they may face immigration consequences including, but not limited to, the initiation of removal proceedings.
Nonimmigrant F-1 students attending schools operating under normal in-person classes are bound by existing federal regulations. Eligible F students may take a maximum of one class or three credit hours online.
Nonimmigrant F-1 students attending schools adopting a hybrid model—that is, a mixture of online and in person classes—will be allowed to take more than one class or three credit hours online. These schools must certify to SEVP, through the Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” certifying that the program is not entirely online, that the student is not taking an entirely online course load this semester, and that the student is taking the minimum number of online classes required to make normal progress in their degree program. The above exemptions do not apply to F-1 students in English language training programs or M-1 students pursing vocational degrees, who are not permitted to enroll in any online courses.
Schools should update their information in the Student and Exchange Visitor Information System (SEVIS) within 10 days of the change if they begin the fall semester with in-person classes but are later required to switch to only online classes, or a nonimmigrant student changes their course selections, and as a result, ends up taking an entirely online course load. Nonimmigrant students within the United States are not permitted to take a full course of study through online classes. If students find themselves in this situation, they must leave the country or take alternative steps to maintain their nonimmigrant status such as a reduced course load or appropriate medical leave.
Due to COVID-19, SEVP instituted a temporary exemption regarding online courses for the spring and summer semesters. This policy permitted nonimmigrant students to take more online courses than normally permitted by federal regulation to maintain their nonimmigrant status during the COVID-19 emergency.
F-1 nonimmigrant students pursue academic coursework and M-1 nonimmigrant students pursue vocational coursework while studying in the United States.
Posted by: Christopher M. Pogue, Esq AT 04:21 pm
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Families, including those with US citizen children, are being separated. Business will suffer significantly.
No respectable democracy in the world is doing this. Why is the US doing this? Japan's unemployment rate is less than 3% right now. What do you think the US unemployment rate is right now?
Who you vote for matters. Hindsight is 20-20. When you elect a clown, don't be surprised if your country becomes a joke.
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President Trump issued a proclamation continuing Proclamation 10014 of April 22, 2020, and suspending and limiting the entry of any individual seeking entry pursuant to any of the following nonimmigrant visas:
(a) an H-1B or H-2B visa, and any individual accompanying or following to join such individual;
(b) a J visa, to the extent the individual is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any individual accompanying or following to join such individual; and
(c) an L visa, and any individual accompanying or following to join such individual.
The proclamation shall apply only to any individual who:
(i) is outside the United States on the effective date of this proclamation;
(ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and
(iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to:
(i) any lawful permanent resident of the United States;
(ii) any individual who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;
(iii) any individual seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
(iv) any individual whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
For the purposes of determining who is covered under the “national interest” exemption, the Proclamation directs the Secretaries of State, Labor, and Homeland Security to determine standards for those to whom such an exemption would be available, including any individuals who:
• are critical to the defense, law enforcement, diplomacy, or national security of the United States;
• are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized;
• are involved with the provision of medical research at U.S. facilities to help the United States combat COVID-19;
• are necessary to facilitate the immediate and continued economic recovery of the United States; or
• are children who would age out of eligibility for a visa because of this proclamation or Proclamation 10014.
Discretion: The consular officer has discretion to determine if an individual is within one of the exempted categories outlined above.
The proclamation is effective immediately, and shall expire on December 31, 2020, and may be continued.
Posted by: Christopher M. Pogue, Esq AT 07:56 am
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Their centuries-old faith tradition of nourishing anyone in need has found new energy and purpose in America’s turmoil.
Many Sikh's first arrived in the America as Asylum Seekers starting in the 1980's, and more recently through traditional family and employment immigration routes.
An essential part of Sikhism is langar, the practice of preparing and serving a free meal to promote the Sikh tenet of seva, or selfless service. Anyone, Sikh or not, can visit a gurdwara and partake in langar, with the biggest ones — like the Golden Temple in Amritsar, India — serving more than 100,000 people every day.
The Sikhs’ biggest challenge isn’t keeping up with demand. It’s letting people know that they’re here — without making a big show of it or proselytizing, which is forbidden.
At least 80 gurdwaras in the United States are now providing food assistance. For many, the transition has been quick and seamless.
At many gurdwaras in the United States, most of those who show up for langar meals are Sikhs. Now that they are catering to a broader population, menus have changed to suit different tastes. In the Seattle area, volunteers at the Gurudwara Sacha Marag Sahib are making pasta and tacos in addition to rice and dal.
“The concept of langar is to serve the needy,” Mr. Pal Singh said. Before the pandemic, he said, most people participating in langar were local Sikhs coming more for social and religious reasons than out of need. The drive-through and deliveries will allow them to put meals into the hands of people who struggle to afford to eat.
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