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Rights and Protections for Foreign-Citizen Fiancés and Spouses of U.S. Citizens and Spouses of Lawful Permanent Residents

1/17/2019

This information and the pamphlet below inform applicants applying for K-1 visas as fiancé(e)s of U.S. citizens, K-3 visas as spouses of U.S. citizens, IR-1/CR-1 immigrant visas as spouses of U.S. citizens, and F2A immigrant visas as spouses of lawful permanent residents (LPRs) of their legal rights relating to domestic violence, sexual assault, and child abuse.

In addition, K-1 and K-3 visa applicants are provided with any existing criminal background information on their U.S. citizen fiancé(e)s or spouses that the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), received from other government agencies during processing of I-129F petitions filed for them.

The U.S. Government created the pamphlet below based on a U.S. law, the International Marriage Broker Regulation Act of 2005 (Title D of Public Law 109-162), which reaffirms and strengthens the U.S. Government’s commitment to fight domestic violence and abuse in all forms.
Learn and Know - Your Rights, Protections, and Resources
For Visa Applicants in the marriage-based categories: K-1, K-3, IR-1/CR-1, and F2A categories: Before your visa interview at the U.S. embassy or consulate abroad, it is important that you carefully read the pamphlet below. In doing so, you will learn about your rights and protections, as well as resources available to you, if help is needed when you come to the United States. During your visa interview, the consular officer will summarize the information in the pamphlet. After reading the pamphlet, keep it handy for quick reference later, as needed.
Note: In preparing for your visa interview, you will also need to make sure you have all required documentation ready including your completed visa application. For more information about these visa categories, check the K-1 Fiancé(e), K-3 Spouse of a U.S. Citizen, IR-1/CR-1 Spouse of a U.S. Citizen, or F category Family-Based Immigrants webpages on this website. For detailed application instructions, check the website of the U.S. embassy or consulate where you will apply for your visa.
Pamphlet in English: Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa (All versions are in .pdf format)

English (PDF - 52.3 KB)

Additional Languages: Pamphlet Translations

Arabic (PDF - 137 KB)
Chinese (PDF - 212 KB)
Español (PDF - 105 KB)
Farsi/Dari (PDF - 257 KB)
French (PDF - 159 KB)
German (PDF - 205 KB)
Hindi (PDF - 548 KB)
Japanese (PDF - 239 KB)
Korean (PDF - 260 KB)
Polish (PDF - 165 KB)
Portuguese (PDF - 105 KB)
Romanian (PDF - 183 KB)
Russian (PDF - 176 KB)
Tagalog (PDF - 120 KB)
Thai (PDF - 151 KB)
Ukrainian (PDF - 169 KB)
Uzbek (PDF - 227 KB)
Vietnamese (PDF - 182 KB)

Trafficking Information – Department of State

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Effective February 1, 2019, US Embassy in Belarus resumes all visa services

1/13/2019

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On February 1, 2019, full visa services returning to the U.S. Embassy in Belarus.

Belarus lifted a cap on the number of U.S. diplomats allowed in the country. Visa services have been significantly restricted at the U.S. Embassy in Belarus for the past decade.

The lifting of the cap means that starting February 1, 2019, Belarusian citizens and residents of any age may apply for any category of nonimmigrant U.S. visa at the Embassy in Minsk.

Embassy announcement: https://by.usembassy.gov/visas/

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How to Check a Non-Immigrant Visa Appointment Wait Times at U.S. Embassies and Consulates?

1/10/2019

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How to Check a Non-Immigrant Visa Appointment Wait Times at Different U.S. Embassies and Consulates Around the World?

If you plan to apply for a nonimmigrant visa to come to the United States as a temporary visitor, please review the current wait time for an interview using the tool at the link below. Examples of nonimmigrant visas: student F-1, visitor B-1/B-2, exchange visitor J-1, H-1B, L visa, etc.

Please note that K-1 fiancee visa is a nonimmigrant visa which has its own scheduling system because it is processed at the Immigrant Visa Unit of the U.S. embassy or consulate.

Click here for visa appointment times.

To schedule a consultation with an attorney, please email.

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Federal Government Shutdown: Agency-by-Agency Update

1/7/2019

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The partial federal government shutdown that began at 12:01 a.m. on Saturday, December 22, 2018, continues as of today, January 7, 2019.

USCIS remains open and mostly operational during this government shutdown. USCIS announcement is here.

Several other departments have issued related announcements about the specifics of which immigration services have closed and which remain open:

Department of Labor. DOL’s announcement here refers people to its extensive contingency plan here.
Department of Justice. DOJ released the following statement: “Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The Department’s essential law enforcement and national security functions will continue. Please refer to the Department of Justice’s contingency plan for more information.” The contingency plan, dated September 2018, is here.
Department of State. DOS announced on December 22, 2018, that scheduled passport and visa services in the United States and at U.S. embassies and consulates overseas will continue “during the lapse in appropriations as the situation permits.” The agency said it will not update its website until full operations resume, with the exception of urgent safety and security information. The National Visa Center, National Passport Information Center, and Kentucky Consular Center will still accept telephone calls and inquiries from the public.
All passport agencies and centers and acceptance facilities (such as U.S. post offices, libraries, and county clerk’s offices) are still accepting applications for U.S. passport books and passport cards during the shutdown, and passports can be renewed by mail, DOS said. Processing times remain the same: four to six weeks for routine service and two to three weeks for expedited service.
Those who have scheduled appointments at a DOS passport agency or center should plan on keeping their appointments, the agency said. Those who need to cancel their appointments at those places may do so by calling 1-877-487-2778 or visiting the Online Passport Appointment System here. Those who have scheduled appointments at a passport acceptance facility and need to cancel should contact the facility directly; see https://iafdb.travel.state.gov to search for a local facility.
The DOS passport notice is here.
Executive Office for Immigration Review—immigration courts. With respect to the operating status of immigration courts during the shutdown, EOIR said that detained docket cases will proceed as scheduled. Non-detained docket cases will be reset for a later date after funding resumes. Immigration courts will issue an updated notice of hearing to respondents or, if applicable, respondents’ representatives of record for each reset hearing.
The EOIR notice is here.
U.S. Citizenship and Immigration Services. USCIS said that the shutdown does not affect USCIS’s fee-funded activities. USCIS offices remain open and all applicants should attend their interviews and appointments as scheduled, the agency said. The lapse in government appropriations does not affect Form I-9 Employment Eligibility Verification requirements. Employers must still complete Form I-9 no later than the third business day after an employee starts work for pay, and comply with all other I-9 requirements.
USCIS noted that several USCIS programs have either expired or suspended operations, or are otherwise affected, until they receive appropriated funds or are reauthorized by Congress. The program-specific announcements are summarized below:

EB-5 Immigrant Investor Regional Center Program. The EB-5 Immigrant Investor Regional Center Program expired at the end of the day on December 21, 2018, due to a lapse in congressional authorization to continue the program. All regional center applications and individual petitions are affected. USCIS will not accept new Forms I-924, Application for Regional Center Designation Under the Immigrant Investor Program, as of December 21, 2018. Any pending Forms I-924 as of that date will be put on hold until further notice. Regional centers should continue to submit Form I-924A, Annual Certification of Regional Center, for fiscal year 2018. USCIS said it will continue to receive regional center–affiliated Forms I-526, Immigrant Petition by Alien Entrepreneur, and Forms I-485, Application to Register Permanent Residence or Adjust Status. USCIS has put unadjudicated regional center–affiliated Forms I-526 and I-485 (whether filed before or after the expiration date) on hold for an undetermined length of time. All Forms I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, filed before or after the expiration date will not be affected by the expiration of the program. USCIS said it will provide further guidance if legislation is enacted to reauthorize, extend, or amend the regional center program.

The announcement about the EB-5 program is here, in English with a link to a PDF in simplified Chinese.

E-Verify. Services are unavailable due to the shutdown, USCIS said. Employers’

E-Verify accounts are also unavailable, so employers will not be able to enroll in E-Verify; create an E-Verify case; view or take action on any case; add, delete, or edit any user account; reset a password; edit company information; terminate an account; or run reports. Also, employees will not be able to resolve E-Verify Tentative Nonconfirmations (TNCs). E-Verify said that the agency understands that E-Verify’s unavailability may have a “significant impact on employer operations.” To minimize the burden on both employers and employees, the agency has implemented the following policies:

The “three-day rule” for creating E-Verify cases is suspended for cases affected by the unavailability of E-Verify.
The time period during which employees may resolve TNCs will be extended. The number of days E-Verify is not available will not count toward the days the employee has to begin the process of resolving a TNC.
USCIS said it will provide additional guidance regarding the “three-day rule” and time period to resolve TNC deadlines once operations resume.
Employers may not take adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status due to the unavailability of E-Verify.
Federal contractors with the Federal Acquisition Regulation (FAR) E-Verify clause should ask their contracting officer about extending federal contractor deadlines.
MyE-Verify accounts are unavailable and employees will not be able to access their accounts to use self-check, self-lock, case history, or case tracker.
Upcoming webinars are canceled.
Telephone and email support for Form I-9, E-Verify, and MyE-Verify is unavailable.

The E-Verify announcement is here.

Conrad 30 waiver for J-1 doctors. This program allows J-1 doctors to apply for a waiver of the two-year residence requirement after completing the J-1 exchange visitor program. The expiration only affects the date by which the J-1 doctor must have entered the United States; it is not a shutdown of the Conrad 30 program entirely.

More information about the Conrad 30 waiver program is here.

Non-minister special immigrant religious workers. This category allows non-ministers in religious vocations and occupations to immigrate or adjust status in the United States to perform religious work in a full-time, compensated position. The EB-4 non-minister special immigrant religious worker program expired due to a lapse in congressional authorization to continue the program. USCIS will reject any Form I-360 Special Immigrant petitions for Non-Minister Religious Workers received on or after December 22, 2018. Petitions received by USCIS before that date but not issued a final decision before December 22, 2018, will be placed on hold in case the program is reauthorized.

More information about the special immigrant religious workers program and expiration is here.
The USCIS announcement is here.

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USCIS Service Centers Contact Email Addresses Discontinued as of January 21, 2019

1/7/2019

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As of January 21, 2019, USCIS Discontinues Case-Specific Assistance Via Service Center Email
Instead, USCIS is directing people to its online self-help tools and the USCIS Contact Center. Call the USCIS Contact Center at 800-375-5283 or submit an online request here.

The service center email addresses being discontinued are:

California Service Center: csc-ncsc-followup@uscis.dhs.gov
Vermont Service Center: vsc.ncscfollowup@uscis.dhs.gov
Nebraska Service Center: NSCFollowup.NCSC@uscis.dhs.gov
Potomac Service Center: psc.ncscfollowup@uscis.dhs.gov
Texas Service Center: tsc.ncscfollowup@uscis.dhs.gov

More information is here.

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Rights and Protections for Foreign-Citizen Fiancés and Spouses of U.S. Citizens and Spouses of Lawful Permanent Residents

Effective February 1, 2019, US Embassy in Belarus resumes all visa services

How to Check a Non-Immigrant Visa Appointment Wait Times at U.S. Embassies and Consulates?

Federal Government Shutdown: Agency-by-Agency Update

USCIS Service Centers Contact Email Addresses Discontinued as of January 21, 2019

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