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Tag: visa application process

  • Foreign Affairs Manual Update Could Mean Major Implications for H-1B Adjudication

    The Department of State (DOS) recently updated the Foreign Affairs Manual (FAM). This update is intended to provide additional guidance to U.S. consular officers in terms of what role they should play regarding confirming the validity of a petition being used to apply for a visa. The update encourages officers to take a more active […]

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  • USCIS Updates Policy Regarding ‘Living in Marital Union’ for Naturalization Applications

    On Friday, October 12, 2018, USCIS issued an alert that it will be updating policy guidance in the USCIS Policy Manual to clarify the married and living in marital union requirements under section 319(a) of the Immigration and Nationality Act (INA).  In general, all naturalization applicants filing on the basis of marriage to a U.S. […]

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  • New USCIS Policy Allows Adjudicators to Issue Denials Without RFE or NOID

    On July 13, 2018, the U.S. Citizenship and Immigration Services (USCIS) posted a guidance document restoring an adjudicator’s ability to exercise discretion and deny applications, petitions or requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) should they include (1) insufficient initial evidence, or (2) evidence for which […]

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  • Visa Validity and Waivers

    A consular officer may recommend a waiver for most grounds of inadmissibility under INA § 212(a). Some grounds of inadmissibility, however, cannot be waived, including INA §§ 212(a)(3)(A)(i)(I), 212(a)(3)(A)(ii), 212(a)(3)(A)(iii), 212(a)(3)(C), 212(a)(3)(E)(i) and 212(a)(3)(E)(ii). Regardless, waivers are only available to applicants that otherwise qualify for the visa classification being sought, and, even then, there is […]

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  • Visa Applicants May Soon be Required to Turn Over Social Media Handles

    The Trump administration has just announced plans to start requiring a majority of visa applicants to turn over five years of social media history when applying for entry into the U.S.; countries participating in the Visa Waiver Program would be exempt from this new requirement. The move follows the President’s emphasis on “extreme vetting” and […]

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  • Visa Denial for “Public Charge”

    Under the Immigration and Nationality Act (INA), a foreign national can be found inadmissible to the United States for both a nonimmigrant and immigrant visa for a number of reasons, one reason being that you are likely to become a public charge. If a consular officer believes an applicant is likely to become “primarily dependent […]

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  • Waivers Under the Travel Ban

    On September 24, 2017, President Trump issued travel ban 3.0, via Presidential Proclamation, which suspends the entry of certain nationals of eight designated countries — Chad, Iran, Libya, Syria, Yemen, North Korea, Venezuela and Somalia. However, these entry restrictions may be waived on a case-by-case basis. To qualify for a waiver, a consular officer or […]

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  • A Detailed Guide: What to Expect at Your Green Card Medical Exam

    In order to apply for a U.S. green card (lawful permanent resident status), you must undergo a medical examination. The purpose behind the examination is to ensure that you are not inadmissible to the United States on public health grounds. However, you cannot simply undergo a medical examination with your regular doctor. Instead, a civil […]

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  • Despite Recent Upgrades, Visa Processing Delays Continue

    The wait for the U.S. State Department to address visa processing delays continues until core problems causing disruptions are resolved. According to a recent report, the U.S. Government Accountability Office cites increased demand for nonimmigrant visas and issues with IT systems as the two “key challenges” hindering the agency’s efforts to quicken the pace of […]

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  • Tips for a Successful Visa Interview

    For all non-Canadian individuals, the immigration process does not simply culminate in an approval from USCIS. Once USCIS gives the green light, foreign nationals must still attend a visa interview at a U.S. Embassy or Consulate abroad. After the interview, the Consular Officer must approve the foreign national’s case and physically issue the visa document. […]

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