The Visa Waiver Program (VWP) enables most citizens or nationals of participating countries* to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Travelers must have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel and meet all requirements explained below. If you prefer to have a visa in your passport, you may still apply for a visitor (B) visa.
Requirements for Using the Visa Waiver Program (VWP)
You must meet all of the following requirements to travel to the United States on the VWP:
Must Be a Citizen or National of a VWP Designated Country*

You must be a citizen or national of the following countries* to be eligible to travel to the United States under the VWP.

• Andorra
• Australia
• Austria
• Belgium
• Brunei
• Chile
• Czech Republic
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece

• Hungary
• Iceland
• Ireland
• Italy
• Japan
• Latvia
• Liechtenstein
• Lithuania
• Luxembourg
• Malta
• Monaco
• Netherlands
• New Zealand

• Norway
• Poland
• Portugal
• San Marino
• Singapore
• Slovakia
• Slovenia
• South Korea
• Spain
• Sweden
• Switzerland
• Taiwan*
• United Kingdom**

**To be eligible to travel under the VWP, British citizens must have the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man.
Each Traveler Must Have a Valid ESTA
In order to travel without a visa on the VWP, you must have authorization through the Electronic System for Travel Authorization (ESTA) prior to boarding a U.S. bound air or sea carrier. ESTA is a web-based system operated by U.S. Customs and Border Protection (CBP) to determine eligibility to travel under the VWP to the United States for tourism or business. Visit the ESTA webpage on the CBP website for more information.
Updating Your ESTA
In most cases, your ESTA will be valid for two years.  You also must obtain a new ESTA if you: (1) receive a new passport, including an emergency or temporary passport; (2) change your name; (3) change your gender; (4) change your country of citizenship; or (5) need to change your responses to any of the “yes” or “no” questions on the ESTA application.
Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015
Under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, travelers in the following categories must obtain a visa prior to traveling to the United States as they are no longer eligible to travel under the Visa Waiver Program (VWP):

• Nationals of VWP countries who have traveled to or been present in Democratic People's Republic of Korea, Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country).
• Nationals of VWP countries who are also nationals of Democratic People's Republic of Korea, Iran, Iraq, Sudan, or Syria.


• These individuals can apply for visas using regular appointment processes at a U.S. Embassy or Consulate.  For those who require a visa for urgent travel to the United States, U.S. Embassies and Consulates stand ready to handle applications on an expedited basis.

If an individual who is exempt from the Act because of his or her diplomatic or military presence in one of the seven countries has his or her ESTA denied, he or she may go to the CBP website, or contact the CBP information Center. The traveler may also apply for a nonimmigrant visa at a U.S. Embassy or Consulate.
U.S. Customs and Border Protection strongly recommends that any traveler to the United States check his or her ESTA status prior to making any travel reservations or travelling to the United States. More information is available on the Department of Homeland Security (DHS) website. 
Have the Correct Type of Passport
You must have a passport that is valid for at least 6 months after your planned departure from the United States (unless exempted by country-specific agreements). For families, each member of your family, including infants and children, must have his/her own passport. 
In addition, you must have an e-passport to use the VWP. An e-passport is an enhanced secure passport with an embedded electronic chip. The chip can be scanned to match the identity of the traveler to the passport. E-Passports must be in compliance with standards set by the International Civil Aviation Organization (ICAO). You can readily identify an e-passport, by a symbol on the cover. See the example below. More information about e-passports is available on the DHS website.

​More information here and here.

The Department of State suspended routine visa services worldwide in March 2020 due to the COVID-19 pandemic. In July 2020, U.S. Embassies and Consulates began a phased resumption of routine visa services.
The resumption of routine visa services, prioritized after services to U.S. citizens, will occur on a post-by-post basis, consistent with the Department’s guidance for safely returning our workforce to Department facilities. U.S. Embassies and Consulates have continued to provide emergency and mission-critical visa services since March and will continue to do so as they are able. As post-specific conditions improve, our missions will begin providing additional services, culminating eventually in a complete resumption of routine visa services.
We are unable to provide a specific date for when each mission will resume specific visa services, or when each mission will return to processing at pre-pandemic workload levels. See each U.S. Embassy or Consulate’s website for information regarding operating status and which services it is currently offering.
Our missions overseas continue to provide all possible services to U.S. citizens. More information is available on each post’s website.
This does not affect travel under the Visa Waiver Program. See https://esta.cbp.dhs.gov/faq?focusedTopic=Schengen%20Travel%20Proclamation for more information.
Applicants with an urgent matter who need to travel immediately should contact the nearest embassy or consulate to request an emergency appointment. Contact information is on the embassy or consulate’s website.
FAQ
Q. Which additional visa services are embassies/consulates beginning to provide?
All of our missions are continuing to provide emergency and mission-critical visa services. As post-specific conditions permit, and after meeting demand for services to U.S. citizens, our missions will phase in processing some routine immigrant and nonimmigrant visa cases. Posts that process immigrant visa applications will prioritize Immediate Relative family members of U.S. citizens including intercountry adoptions (consistent with Presidential Proclamation 10014) fiancé(e)s of U.S. citizens, and certain Special Immigrant Visa applications. Posts processing non-immigrant visa applications will continue to prioritize travelers with urgent travel needs, foreign diplomats, and certain mission critical categories of travelers such as those coming to assist with the U.S. response to the pandemic, followed by students (F-1, M-1, and certain J-1) and temporary employment visas (consistent with Presidential Proclamation 10052). We expect the volume and type of visa cases each post will process to depend on local circumstances. An embassy or consulate will resume adjudicating all routine nonimmigrant and immigrant visa cases only when adequate resources are available, and it is safe to do so.
Q. What criteria are missions using to determine when to resume routine services?
We are closely monitoring local conditions in each country where we have a U.S. presence. Local conditions that may affect when we can begin providing various public services include medical infrastructure, COVID-19 cases, emergency response capabilities, and restrictions on leaving home.
Q. What steps are being taken to protect customers from the spread of COVID-19?
The health and safety of our workforce and customers will remain paramount. Our embassies and consulates are implementing safeguards to keep staff and customers safe, including implementing physical distancing in our waiting rooms, scheduling fewer interviews at a time, frequent disinfection of high touch areas, and following local health and safety regulations.
Q. Do the various Presidential Proclamations/travel restrictions still apply, or are those lifting with the resumption of visa services?
The five geographical COVID-19 Proclamations (P.P. 9984, 9992, 9993, 9996, 10041) and the two COVID-19 Labor Market Proclamations suspending the entry of certain aliens (P.P. 10014 and 10052) remain in effect.
Q: Is my situation an emergency? I need to go the United States immediately for X.
Applicants can find instructions on how to request an emergency visa appointment at the Embassy or Consulate’s website.
Q. What about my application fee that expired while routine services were suspended?
The Machine Readable Visa (MRV) fee is valid within one year of the date of payment and may be used to schedule a visa appointment in the country where it was purchased. However, the Department understands that as a result of the pandemic, many visa applicants have paid the visa application processing fee and are still waiting to schedule a visa appointment. We are working diligently to restore all routine visa operations as quickly and safely as possible. In the meantime, the Department extended the validity of MRV fees until September 30, 2022, to allow all applicants who were unable to schedule a visa appointment due to the suspension of routine consular operations an opportunity to schedule and/or attend a visa appointment with the fee they already paid.

Read here.

Q: Green card application, Form I-485, of a spouse of a lawful permanent resident was denied because she worked in the USA without a work permit.

Q/ ВОПРОС: ОТКАЗАЛИ В ГРИН КАРТЕ ПО ПРИЧИНЕ РАБОТЫ БЕЗ РАЗРЕШЕНИЯ
Добрый день! Получили отказ в Грин карте 30-го декабря 2020 по причине того, что я нелегально работала в течение года. Муж – Грин кард холдер. Какими могут быть дальнейшие действия: motion to reopen, motion to reconsider or appealing? Или что-то другое? Муж уже подался на гражданство, ждём. Но хотелось бы получить положительный ответ по моему кейсу раньше,чем через 1-2 года. Спасибо!

A / ОТВЕТ: Добрый день, Я понимаю, что вы подавали на adjustment of status как жена постоянного жителя США, и вы подавали сами без адвоката. После отказа Вам стоит проконсультироваться у адвоката.

Ваше дело могут передать из USCIS в иммиграционный суд на депортацию после отказа если у вас нет другого действительного и не истекшего неиммиграционного статуса.

Как супруга постоянного жителя США, которая подает на гринкарту в США по форме I-485, adjustment of status, ваша ситуация отличается от супруги американского гражданина. В частности тем, что вам нужно было доказать, что вы находились в легальном статусе на момент подачи и у вас не было никаких иммиграционных нарушений. Вам отказали USCIS по причине иммиграционных нарушений.

Всего доброго,

Мой ответ опубликован тут.

​

12/31/2020: The Ninth Circuit Court of Appeals lifted a ban on President Donald Trump’s proclamation that bars entry to immigrants without health insurance or the means to pay for hospital bills. *** Therefore, the ban is in effect now. A visa can be denied for lack of an appropriate health insurance.
In a 2-1 decision the appellate court ruled that the proclamation was within the president’s authority and reversed a federal court decision to block implementation of the order.
U.S. Circuit Judge A. Wallace Tashima, a Bill Clinton appointee authored a 15-page dissent. Judge Tashima, who was imprisoned as a child in a WWII-era Japanese internment camp, said he agreed with the district court ruling.
“The Proclamation overrides both the Affordable Care Act (“ACA”), which makes recently arrived lawful immigrants eligible for subsidized health insurance plans… and the public charge rule of the Immigration and Nationality Act (“INA”), which comprehensively addresses the circumstances under which individuals may be excluded from this country due to their limited financial means or the financial burdens they will place on others,” he wrote.
Tashima wrote that the proclamation “has no nexus to national security, addresses a purely domestic concern (uncompensated health care costs), lacks any conceivable temporal limit, and works a major overhaul of this nation’s immigration laws without the input of Congress — a sweeping and unprecedented exercise of unilateral Executive power.”
“It strains credulity to suggest that Congress intended to authorize the President to undermine its own policy judgments,” he wrote.

​Read more here.

What is an ITIN?

• It was created for tax purposes. The ITIN was created by the IRS in July 1996 to allow foreign nationals and other individuals who are not eligible for a Social Security number (SSN) to comply with U.S. tax laws.
• ITINs are not SSNs. The ITIN is a nine-digit number that always begins with the number 9 and has a 7 or 8 in the fourth digit; for example, 9XX-7X-XXXX.
• Many immigrants have ITINs. People who do not have a lawful status in the United States may obtain an ITIN. In addition, the following people are lawfully in the country and must pay taxes, but may not be eligible for a SSN and may obtain an ITIN:
  • A non-resident foreign national who owns or invests in a U.S. business and receives taxable income from that U.S. business, but lives in another country.
  • A foreign national student who qualifies as a resident of the United States (based on days present in the United States).
  • A dependent or spouse of a U.S. citizen or lawful permanent resident.
• A dependent or spouse of a foreign national on a temporary visa.

ITINs do not provide legal status or work authorization.

• An ITIN does not provide legal immigration status and cannot be used to prove legal presence in the United States.
• An ITIN does not provide work authorization and cannot be used to prove work authorization on an I-9 form.

ITIN holders pay taxes. 

What other purposes can an ITIN serve?

• Opening an interest-bearing bank account. Individuals who do not have a SNN but do have an ITIN can open interest-bearing accounts.
• Securing a driver’s license. Some states have allowed the ITIN to be used instead of a SSN in order to receive a driver’s license, driver’s permit, or state identification card.
• Providing proof of residency. At some point in the future, an immigrant may need to prove how long he or she has been in the United States and having a tax return filed using an ITIN is one way to show that.

Is the ITIN a way for the government to track undocumented immigrants? The ITIN is not an immigration-enforcement tool. The application process is designed to facilitate tax payment, and the fact that the IRS does not share applicants’ private information with immigration enforcement agencies is key to tax compliance. 

• Taxpayer privacy is an important cornerstone of the U.S. tax system. Because applicants provide the IRS with a great amount of personal information, privacy is critical to the success of the program. Section 6103 of the Internal Revenue Code states that the IRS is not authorized to release taxpayer information to other government agencies except for providing information to the Treasury Department for investigations that pertain to tax administration, or under a court order related to a non-tax criminal investigation. Expanding information-sharing beyond this would require a new law—an issue that arises often during legislative debates.

How does one apply for an ITIN?

• Applicants must fill out a W-7 application form and submit it to the IRS along with a completed tax return. Individuals do not need to apply in person. When the application is approved, ITINs are sent to applicants through the mail.
• Applicants are required to submit original documents verifying identity and “foreign status.” The IRS has issued a list of 13 documents that will be accepted for this purpose. Those documents will be returned to the applicant within 60 days of receipt and processing of the W-7 form.
• There are IRS Acceptance Agents and Taxpayer Assistance Centers available to help persons apply.

In 2015, Congress enacted legislation to clarify the 2012 guidance from the IRS stating that all ITINs issued after December 31, 2012, will have to be revalidated every five years. Additionally, if a person obtains an ITIN but does not use it for three consecutive years, it will expire and will need to be revalidated.


Read more here.

In response to the coronavirus (COVID-19) pandemic, USCIS is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind;
• Notices of Intent to Terminate regional centers;
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;
• Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
• Filing date requirements for Form I-290B, Notice of Appeal or Motion.

Notice/Request/Decision Issuance Date:
This flexibility applies to the above documents if the issuance date listed on the request, notice, or decision is between March 1, 2020, and Jan. 31, 2021, inclusive.

Response Due Date: 
USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, we will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.
USCIS will provide further updates as the situation develops at uscis.gov/coronavirus for USCIS updates.

Briefly in Russian:

USCIS продлил период, когда разрешено отчечать на запросы из USCIS в вечение дополнительных 60 дней. Этот период с 1 марта 2020 был продлен до 31 января 2021, включительно.
Это значит, что если вы получили запрос из USCIS до 31 января 2021Б и там указана дата, до которой ваш ответ должен быть получен, у вас есть дополнительный период 60 дней для ответа на этот запрос.

Update from USCIS:
​
The USCIS lockbox facilities have received a significant increase in filings in recent weeks. This increase, along with the facilities COVID-19 safety restrictions, is causing significant delays for processing receipt notices, forms I-797.
If you properly filed your form, USCIS will send a receipt notice to the mailing address provided on your form within 30 days. If your submission is incomplete or improperly filed, it can be rejected.

Suggestions and tips from USCIS:

Review the form instructions and checklist of required initial evidence on the form webpage (if this option is available for your form);
Use correct editions of the forms (download them from USCIS website);
Properly sign your applications;
Submit a correct filing fee;
Mail your application to a correct address using the USPS, UPS, DHL or FedEx;
Submit single-sided photocopies of requested documents;
Always send in original passport photos where requested;
Submit only the required evidence and supporting documentation listed in the form instructions;
If you cannot provide the required primary evidence when filing a form, review the form instructions for appropriate secondary evidence.

For more information about USCIS filing tips, please visit USCIS.

On December 15, 2020, USCIS announced updated guidance expanding the discretionary criteria USCIS officers use to determine whether to interview applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, based on refugee or asylee status. Whether an interview is necessary to determine the admissibility of an alien applying for lawful permanent resident status under INA § 209. The updates do not change the eligibility requirements to adjust status.  
The list of interview criteria can be found in the Policy Manual, Volume 7, Part L, Chapter 5, Part B.  Each determination by USCIS to waive or require an interview will continue to be made at the discretion of the USCIS officer on a case-by-case basis. The updated criteria may result in more applicants requested to appear for an interview.

B. Interview Criteria

The decision to interview a refugee applicant for adjustment of status is made on a case-by-case basis.[1] Interviews are generally required when an officer is unable to verify identity or determine admissibility based solely on the immigration records available to the officer. Although the decision to conduct an interview is made on a case-by-case basis, an officer should generally refer a case for interview if it meets one or more of the following criteria:

• The officer cannot verify the identity of the applicant through the information in the A-File. 
• The officer can verify the identity of the applicant through the information in the A-File, but the applicant is claiming a new identity.
• Immigration records are insufficient for the officer to determine whether or not the applicant has refugee status.
• The applicant has an approved Form I-730, but, if granted overseas, was not interviewed as part of the derivative refugee process or, if granted in the United States, was not interviewed prior to the approval.
• The applicant’s Federal Bureau of Investigation (FBI) fingerprint results indicate that further processing is needed.
• The officer cannot determine the applicant’s admissibility without an interview.
• The officer determines that the applicant is inadmissible but that an interview is necessary to determine if a waiver is appropriate.
• The applicant has an articulable national security or terrorism-related ground of inadmissibility concern.
• Other eligibility fraud, identified on a case-by case basis, where Fraud Detection and National Security (FDNS), Center Fraud Detection Operations (CFDO), or Background Check Units (BCU) recommends interview.
• Immigration records are insufficient for the officer to determine whether or not the applicant is inadmissible based on past or current placement in removal proceedings at any time.[2]
• The applicant has conflicting or multiple identities, other than properly documented by legal name changes.
• A sworn statement is required to address the applicant’s admissibility.
• An interview would yield clarifying information, such as with an unclear response to a request for evidence concerning the applicant’s admissibility.
• The applicant is a citizen of, or last habitually resided in, a country that is now, or was at the time of last residence, a State Sponsor of Terrorism.
• The officer has any other articulable concern regarding identity, inadmissibility, national security, public safety, or fraud, and recommends an interview to help resolve that concern.

ILRC published a brief summary of temporary changes U.S. Citizenship and Immigration Services (USCIS) has made in response to COVID-19. Changes include plans for reopening USCIS facilities after suspending all in-person services, including interviews and biometrics appointments, from March 18 to June 3, 2020; automatic extensions for Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and other responses; and an alert meant to combat the new public charge rule's negative effect on immigrants getting testing, treatment, and care for COVID-19 due to fears about how it might affect their case. 

Latest updates: 
On November 3, 2020, a circuit court of appeals allowed USCIS to continue implementing the new public charge rule nationwide, just one day after a district court vacated the rule as illegal. In July 2020, the rule was also briefly paused during the COVID-19 public health emergency.

On September 22, 2020, USCIS updated its website to indicate that it intends to apply the new public charge rule to all applications postmarked on or after February 24, 2020, meaning even those filed between July 29, 2020 and August 12 or September 11, 2020. In recognition that during the uncertainty surrounding the litigation summarized above some applicants subject to public charge may have filed adjustment applications without Form I-944, USCIS’ new public charge form, USCIS stated it would issue RFEs for the missing forms and evidence for cases received before October 13, 2020.

After October 13, 2020, any adjustment application lacking Form I-944 where required will be rejected. USCIS has republished Form I-944, at uscis.gov/i-944.

USCIS has also published an alert to the public charge page of their website acknowledging that the recently implemented public charge rule may have chilled individuals from seeking medical treatment for COVID-19. The alert states that USCIS will not consider testing, treatment, or preventive care related to COVID-19 as part of the public charge inadmissibility determination, and also that it will consider explanations of COVID-related effects like job loss necessitating use of other public benefits. After briefly removing this alert from its website in late July, USCIS re-posted it on August 21, 2020. 

12/03/2020 Update: On 12/02/2020, the Ninth Circuit Court of Appeals invalidated controversial "public charge" new rule.. again. The public charge rule causes financial harm to states and doesn't promote self-sufficiency as the administration has suggested. The court also argued that the administration failed to explain the abrupt change in policy.

Quick Summary of Updates:

• Planned furlough of 13,400 USCIS employees temporarily halted, again - page 1 • Field offices have started reopening and resuming some interviews and other in-person services with social distancing and other health & safety precautions – page 2
• Starting September 23, 2020 until at least March 22, 2021, the Asylum Office will require applicants use USCIS-provided telephonic interpreters, unless they require a language not available through the government-provided interpreter service – page 3
• Throughout closures, Service Centers and lockboxes have continued to accept applications – page 3
• During office closure USCIS was re-using some biometrics but as Application Support Centers (ASCs) reopen, USCIS will stop doing this – page 3 • Copies of signatures accepted in place of original, “wet ink” signatures – page 3
• USCIS has extended its allowance for extra time to respond to Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and other responses – page 3
• COVID-19 and public charge: after the July 2020 injunction in light of COVID-19 was stayed in September 2020, another court decision on November 2, 2020 briefly stopped the new rule but one day later, on November 3, 2020, USCIS was again allowed to apply the new public charge rule nationwide – page 4
• Contacting USCIS during the pandemic – page 5
​USCIS’ Contact Center, reachable online at https://egov.uscis.gov/e-request/Intro.do and by phone (800-375- 5283), is supposed to be available for emergency requests for service, including requests to schedule Infopass appointments in time-sensitive, urgent situations, for instance emergency advance parole.
• USCIS should do more to ameliorate negative effects of USCIS office closures – page 5 

​New Naturalization Civics Test:

USCIS has revised the civics portion of the naturalization test. All applicants for naturalization who filed their N-400, Application for Naturalization on or after December 1, 2020, will be required to take the 2020 version of the civics test. 

For more information, visit The 2020 Version of the Civics Test page. New 128 Questions and Answers are here (PDF file), or here (online version). 

The revised civics test includes more questions that test the applicant’s understanding of U.S. history and civics (128 questions).

The revised test will not change the passing score, which will remain at 60%. Candidates must answer 12 questions correctly, out of 20 in order to pass.

USCIS will maintain the current guidelines for statutorily established special considerations for applicants who are 65 years old or older and have at least 20 years of lawful permanent resident status. These applicants will be asked 10 questions and must answer a minimum of 6 questions correctly in order to pass.

Applicants for naturalization with a filing date before 12/01/2020, are required to take the current 2008 version of the civics test.  

If you already filed your N-400, or will file it before December 1, 2020, you will take the current 2008 test.
​

• On November 2, 2020, a federal district court in Illinois has vacated the Department of Homeland Security/USCIS February 24, 2020 Public Charge Rule as a violation of administrative law.
• The court ruling prevents USCIS from applying the public charge rule nationwide starting today, November 2, 2020.
• USCIS is expected to issue guidance on the impact of the decision to applicants for adjustment of status and nonimmigrant changes and extensions of status, but has not yet done so.
• DHS is expected to appeal the court ruling, but the district court decision will remain in place while that appeal is pending.
• Today’s decision follows a string of judicial rulings regarding preliminary injunctions of the public charge rule, which concerned temporary bars to enforcement of the rule while several lawsuits continue. The most recent preliminary injunction ruling was the Second Circuit's September 11, 2020 decision, which allowed USCIS to resume applying the public charge rule nationwide while Second Circuit legal challenges are pending. Today’s Cook County decision is within the jurisdiction of the Seventh Circuit and is a final decision on the merits of the district court case. It therefore supersedes the September 11 decision, and will remain in place unless and until it is overturned by the Seventh Circuit Court of Appeals or by the U.S. Supreme Court.
• The legality of the public charge rule is being challenged in various jurisdictions. Disagreements among appeals courts could mean that the U.S. Supreme Court makes a final decision on whether the public charge rule is lawful.

Briefly in Russian:
2 ноября 2020 федеральный суд опять признал незаконным закон от 24 февряля 2020 о финансовой состоятельности Public Charge rule. USCIS не имеет право применять этот закон начиная с сегодняшнего дня.

Read the text of the decision here.

The Board of Immigration Appeals BIA has issued an important precedent decision in Matter of PAK, 28 I&N Dec. 113 (BIA 2020).

SUMMARY: Where there is substantial and probative evidence that a beneficiary’s prior marriage was fraudulent and entered into for the purpose of evading the immigration laws, a subsequent visa petition filed on the beneficiary’s behalf is properly denied pursuant to section 204(c) of the Immigration and Nationality Act, 8 U.S.C. § 1154(c) (2018), even if the first visa petition was denied because of insufficient evidence of a bona fide marital relationship.

Analysis: "The plain language of the statute and the regulation does not foreclose the application of the section 204(c) bar in cases where the prior visa petition filed on the beneficiary’s behalf was denied based on failure to establish a bona fide marital relationship, but the marriage had not been determined to be fraudulent.3 See Matter of R.I. Ortega, 28 I&N Dec. 9, 12 (BIA 2020) (stating that “[u]nder settled rules of statutory construction, we look first to the plain meaning of the language”). Instead, the broad phrasing and the absence of a temporal requirement suggest that section 204(c) may be applied based on a marriage fraud finding whenever it becomes evident that there is substantial and probative evidence of an attempt or conspiracy to enter into a marriage for the purpose of evading the immigration laws. Our prior precedent further supports this interpretation. In Matter of Kahy, 19 I&N Dec. 803, 804–05 (BIA 1988), we considered whether the District Director properly denied a subsequent visa petition under section 204(c) of the Act where the beneficiary’s ex-wife had indicated in a sworn statement that she agreed to marry him for $1,000 so he could remain in the United States, but she never actually sought an immigration benefit based on the fraudulent marriage because an unidentified person had forged her signature on the visa petition. Even though the beneficiary had not pursued an immigration benefit, we held that “where there is evidence in the record to indicate that the beneficiary has been an active participant in a marriage fraud conspiracy, the burden shifts to the petitioner to establish that the beneficiary did not seek nonquota or preference status based on a prior fraudulent marriage.” Id. at 806–07. Since the petitioner did not rebut the charge, we affirmed the denial of the visa petition. We similarly addressed the breadth of section 204(c) of the Act and the absence of a specific timeline for its imposition in Matter of Tawfik, 20 I&N Dec. at 168–69. In that case, the District Director revoked approval of the petitioner’s subsequent visa petition on the ground that the beneficiary had previously attempted to be accorded immediate relative status as the spouse of a United States citizen by reason of a fraudulent marriage. Id. at 166–67. In reviewing this determination, we stated that “[n]either section 204(c) of the Act nor the regulations specify . . . at what point” the determination of whether an alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws may be made. Id. at 168. We also concluded that the Director “should not give conclusive effect to determinations made in a prior proceeding, but, rather, should reach his own independent conclusion based on the evidence before him.” Id. In that regard, we held that the approvability of the subsequent visa petition “will depend on a determination of whether there is, at present, sufficient evidence, inclusive of evidence relied upon in the determination of the first visa petition, to support the contention that the beneficiary’s previous marriage to a United States citizen was entered into for purposes of evading the immigration laws.” Id. at 168–69. Applying these standards, we found that the record lacked sufficient documentation to support the District Director’s conclusion that the beneficiary had entered into a fraudulent marriage, and we reversed the revocation of the visa petition. Id. at 169–70. The petitioner also contests the propriety of the Director’s finding that the beneficiary’s prior marriage was fraudulent. Evidence of a fraudulent marriage “must be documented in the alien’s file and must be substantial and probative.” Id. at 167. “[T]he degree of proof required for a finding of marriage fraud sufficient to support the denial of a visa petition under section 204(c) of the Act [is] higher than a preponderance of the evidence and closer to clear and convincing evidence.” Matter of P. Singh, 27 I&N Dec. 598, 607 (BIA 2019). Thus, “to be ‘substantial and probative,’ the evidence must establish that it is more than probably true that the marriage is fraudulent.” Id. “The application of the ‘substantial and probative evidence’ standard requires the examination of all of the relevant evidence and a determination as to whether such evidence, when viewed in its totality, establishes, with sufficient probability, that the marriage is fraudulent.” Id. In response to the Notice of Intent to Deny, the petitioner submitted a psychological report in support of her assertion that the beneficiary has memory problems, which she claims explain the discrepancies in his answers about his prior marriage. The Director provided reasons for discounting the psychological report. However, even crediting this evidence, the Director identified conduct of the couple after the marriage that, unrelated to any memory issues, indicates their subjective state of mind when they married. In particular, he concluded that the Summary of Findings detailing the September 21, 2012, site visit to the claimed marital residence establishes fraud. See id. at 609 (“Detailed reports from on-site visits and field investigations are especially important pieces of evidence that may reveal the presence of fraud.”). The Summary of Findings describes significant discrepancies in the accounts given by the beneficiary and his first wife regarding (1) whether and for how long the couple lived at the claimed marital residence; (2) their places and type of employment (and whether they, in fact, worked at the same store owned by the beneficiary’s father); and (3) the former wife’s living arrangements in Salem and the reasons why the beneficiary paid rent for her apartment there. Additionally, the record contains documentation of contradictions that arose during the beneficiary’s two visa interviews regarding how, when, and where he met his first wife, as well as how their relationship progressed to marriage. The petitioner submitted no new documentary evidence showing a joint life between the beneficiary and his first wife, apart from affidavits from the petitioner, the beneficiary, and the pastor who conducted the beneficiary’s ​first wedding ceremony. Affidavits of this nature, alone, “will generally not be sufficient to overcome evidence of marriage fraud in the record without objective documentary evidence to corroborate the assertions made by the affiants.” Id. The Director correctly conducted an independent determination based on the facts available when the petitioner filed the current visa petition. See Matter of Tawfik, 20 I&N Dec. at 168–69. In doing so, the Director permissibly relied on “relevant evidence, including evidence having its origin in prior [visa petition] proceedings involving the beneficiary.” Id. at 168. We conclude that the Director properly conducted an independent analysis of section 204(c)’s applicability in adjudicating the petitioner’s visa petition. In so doing, he did not erroneously equate the beneficiary’s first wife’s failure to prove the bona fides of their marriage with the beneficiary’s intent in entering into that marriage. III. CONCLUSION The fact that the visa petition filed by the beneficiary’s first wife was denied for failure to establish a bona fide marriage does not preclude the Director from denying the petitioner’s visa petition under section 204(c) of the Act. Moreover, having reviewed all the relevant evidence in its totality, we uphold the Director’s finding that there is substantial and probative evidence in the record that the beneficiary’s prior marriage was fraudulent and entered into for the purpose of evading the immigration laws. See Matter of P. Singh, 27 I&N Dec. at 607; Matter of Tawfik, 20 I&N Dec. at 167. We further conclude that the petitioner did not rebut this evidence when given the opportunity to do so. We therefore affirm the denial of the petitioner’s visa petition pursuant to section 204(c) of the Act."

​See text of the decision here.

​Since 2004, we specialize in VAWA self-petitions, Petition I-360, which can be used by an abused spouse of any gender (wife or a husband), a child or a parent of an abusive US citizen or permanent resident.

Our clients often ask us about VAWA approval rate.

Here is the data for 2018:

• VAWA self-petition by a spouse: 75% approval rate (25% denial rate)
• VAWA self-petition by a child: 35% approval rate (65% denial rate)
• VAWA self-petition by a parent: 27% approval rate (73% denial rate)

The petition is submitted on USCIS Form I-360 to Vermont Service Center. 
Current processing times are 16-21 months.

To schedule a consultation with an attorney, please email at [email protected] We speak English and Russian.

Briefly in Russian:

С 2004 года мы специализируемся в петициях на грин карту от жертв домашнего насилия, ВАВА петициях.

Очень часто наши клиенты спрашивают о статистике по делам ВАВА.

По официальной статистике от USCIS за 2018 год, они утвержлают 75% петиций для жен/мужей, 35 петиций для детей, и только 27% для родителей (жертв внутрисемейного насилия).

Время рассмотрения этой петиции от 16 до 21 месяца. Только один отдел в Вермонте занимается этими петициями. 

Для того чтобы связяться с адвокатом и получить юридическую консультацию по вашему делу, пишите нам на [email protected]

The State Department will begin accepting online registrations for the Fiscal Year (FY) 2022 Diversity Visa (DV) lottery starting Wednesday, October 7, 2020 at noon EDT. Foreign nationals who wish to enter the lottery have until Tuesday, November 10, 2020 at noon EST to file online.

You can see the detailed DV Lottery 2022 instructions here.
The lottery site is here.

• Applicants from countries with high rates of U.S. immigration are not eligible to register.
  • This year, those born in the following countries are ineligible: Bangladesh, Brazil, Canada, China (including Hong Kong SAR), Colombia, Dominican Republic, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.
  • People born in Macau SAR and Taiwan can participate.
  • Those who cannot register because their country of birth is excluded may be able to qualify through a spouse who was born in an eligible country or, in certain circumstances, through a parent’s country of birth.
• Please note that the entrants must have a high school education (or equivalent) or at least two years of qualifying work experience.

• Entrants must submit an online form and a digital photo through the official DV lottery website. DV lottery applicants may include a spouse (same-sex or opposite-sex) and children in their entry.
• Only one entry is permitted per person. If there are multiple registrations on behalf of one person, all of them are disqualified.
• Applicants must carefully follow the State Department’s official lottery instructions. Lottery entries and digital photos that do not precisely conform to the instructions will be disqualified.
• For FY 2022, the principal applicant must enter information from his or her valid international travel passport unless the applicant is stateless, a national of a Communist-controlled country and unable to obtain a passport from the government of the Communist-controlled country, or the beneficiary of an individual waiver approved by the Secretary of Homeland Security and the Secretary of State.
• Once the application is accepted, applicants will receive a confirmation number, which can be used to check the status of their application.

The State Department chooses lottery winners by random computer selection. Results will be published starting May 8, 2021 through September 30, 2022, on the official DV lottery entry status website.
Foreign nationals can learn whether they were selected only by visiting the official DV website and entering their confirmation number. The State Department does not notify entrants by letter, e-mail, fax or telephone. The official website is the only legitimate source of lottery results.


DV lottery fraud is very common:

• Look out for deceptive lottery websites. The only authorized DV lottery website is located on the State Department website. The State Department does not use or authorize any outside individual or company to accept lottery applications or operate the lottery. There are many websites posing as official government sites or claiming to have State Department authorization. These sites should be avoided.
• The State Department does not charge a fee for lottery registrations. A website, individual, or company claiming there is a government fee to enter the lottery is fraudulent.
• If lottery assistance is needed, seek competent advice form an attorney or a lawyer. Applicants may use a lawyer or other representative to prepare a lottery registration, but they should be wary of commercial websites that claim to register applicants outside of the registration period or purport to be authorized by the State Department to accept registrations for a fee.
• Beware of lottery e-mails, letters or faxes that claim to be from the State Department. The State Department does not send e-mails, letters or faxes about the DV lottery. The official website is the only legitimate source of information about lottery results and the only place to submit a lottery registration.
• Don't send money or personal information to questionable individuals or companies.

On September 29, 2020, the court enjoined the October 2nd 2020 USCIS new fee increase rule, in its entirety, effective immediately.

The schedule of the existing USCIS filing fees remains in place on and after October 2, 2020!

As long as this preliminary injunction is in place, USCIS can’t raise the fees. USCIS will try to obtain a stay of the injunction from the 9th Circuit Court of Appeals, and there’s no telling how long that will take or what the outcome will be.

Read more here

​The court decision is here

​USCIS had clarified that the old editions of the forms and applicants remain in place. All forms updates are published here.

Public Charge Update: On Sept. 11, 2020, the U.S. Court of Appeals for the Second Circuit issued a decision that allows DHS to resume implementing the Public Charge Ground of Inadmissibility final rule nationwide.

The court decision stays the July 29, 2020, injunction, issued during the coronavirus (COVID-19) pandemic, that prevented DHS from enforcing the public charge final rule during a national health emergency.

USCIS will apply the public charge final rule and related guidance in the USCIS Policy Manual, Volumes 2, 8 and 12, to all applications and petitions postmarked (or submitted electronically) on or after February 24, 2020. USCIS will use the date on the courier receipt as the postmark date.

It means that the Form I-944, Declaration of Self-Sufficiency was reinstated. The form is currently available online.

If the I-944 wasn't submitted during the period of injunction between 06/29/2020 to 09/11/2020, it will be required by USCIS.


https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

USCIS is going to stay open! On Tuesday, August 25, 2020, U.S. Citizenship and Immigration Services (USCIS) announced it would abandon plans to furlough more than 13,000 employees next week, temporarily averting a scenario that would have crippled the processing of applications for green cards, work permits, U.S. citizenship and other immigration benefits.
In a message to employees, Deputy USCIS Director for Policy said the agency was able to avoid furloughing nearly 13,000 or 73% of its workforce because its financial situation has "improved somewhat" since the spring, when the coronavirus pandemic fueled an unprecedented drop in applications. Unlike most other federal agencies, USCIS is largely funded through the fees it charges.
Though applications have increased in recent weeks, the agency is still projecting a budget shortfall heading into fiscal year 2021, which starts in October, and continue to require financial assistance from Congress.

USCIS is going to stay open!

We continue to prepare and file new petitions and applications with USCIS and process cases through the National Visa Center (NVC).. 

Briefly in-Russian:

25 августа 2020 было объявлено, что USCIS не будет временно увольнять 13 000 или 73% всех сотрудников, что планировалось из-за нехватки денег. Таким образом, USCIS остается открытым и не предвидится новых задержек в рассмотрения дел и заявлений.

USCIS Service Centers остаются открыты и новые дела принимаются на рассмотрение.
Мы продолжаем готовить и подавать новые петиции и заявления в USCIS и ведем дела в Национальном Визовом Центре (NVC).

​The new USCIS fees will be effective on October 3, 2020. 

While the average of the fee increases is just over 20%, fees for some of the most common petitions and applications will increase significantly. The overall cost for most Adjustment of Status (AOS) application filings will nearly double. USCIS will no longer bundle the AOS filing fee with the Employment Authorization Document (EAD) and Advance Parole (AP)/Travel Document filing fees. As a result, instead of a filing fee of $1,225 for all three applications as a bundle, the fees for an initial filing of an AOS, plus EAD and AP filing fees, will total $2,270 (an increase of just over 85%).

Filing Fee Changes
Below are the filing fee changes for petitions and applications. The full list of fee changes can be found in the Final Rule, starting on Page 13.
Immigration Benefit Request
Current Fee
Final Fee
Change ($)
Change (%)

I-90 Application to Replace Permanent Resident Card
$455
$415
($40)
-9 percent

I-130 Petition for Alien Relative
$535
$560
$25
5 percent

I-131 Application for Travel Document
$575
$590
$15
3 percent

I-485 Application for Adjustment of Status
$1,140
$1,130
($10)
-1 percent*

I-539 Application to Extend/Change Nonimmigrant Status
$370
$400
$30
8 percent

I-589 Application for Asylum / Withholding of Removal
$0
$50
$50
N/A

I-612 Application for Waiver of Foreign Residence Requirement
$930
$515
($415)
-45 percent

I-751 Petition to Remove Conditions on Residence
$595
$760
$165
28 percent

I-765 Application for Employment Authorization
$410
$550
$140
34 percent

N-400 Application for Naturalization
$640
$1,170
$530
83 percent

Biometric Fee
$85
$30
($55)
-65 percent

USCIS to Issue Revised Versions of Forms
In connection to this Final Rule, USCIS will publish revised versions of a number of common forms within 30 days, including Form I-129, Form I-131, Form I-765, Form I-589, Form I-600, and as mentioned above, Form I-912.

The US Consulates in Germany and Austria are beginning to offer limited visa services.
It was announced that the US Consulate in Germany will resume limited visa processing on July 20, 2020. At the moment, the Consulate will prioritize services for US citizens and residents of Germany. Third country nationals that do not reside in Germany may not yet apply for a visa. Furthermore, the Consulate also announced that in limited circumstances, travelers may now qualify for a national interest waiver exception to the Presidential Proclamation 9993 which prohibited non-exempt persons from traveling to the US if they spent any time in the Schengen area (and some other countries) within a 14 day period immediately prior to seeking to enter the US.
It is not yet clear which categories will be processed after July 20, 2020, and we are awaiting further clarification. It was announced that Munich will only be processing F/M and J visas (those J visas that are not excluded by one of the later Presidential Proclamations). Students require a current I-20 form that meets all requirements.
Just as encouraging is the announcement that it will now be possible for residents of Germany to apply for a national interest exception or waiver at a Consulate in Germany. Please note that even if one already has a valid visa, it will still be necessary to file an application to obtain an exception from the US Consulate. The following categories of travelers may possibly qualify for a national interest exception:

• Public Health: Travel as a public health or healthcare professional or researcher to alleviate the effects of the COVID-19 pandemic, or to continue ongoing research in an area with substantial public health benefit (e.g. cancer or disease research).
• Students: All students, and their dependents, traveling to the United States on an F or M visa to pursue a full course of study or on a J visa to participate in an exchange program as a bona fide student.
• Academics: All exchange visitors and their dependents traveling to the United States on J visas in the following categories: Professors, Research Scholars, Short Term Scholars, or Specialists.
• Investors: Travel in connection with investment or trade in the U.S. economy that generates a substantial economic impact. This can include investors and treaty traders with E visas and certain essential senior-level employees, and their dependents.
• Economic: Temporary travel that provides a substantial economic benefit to the U.S. economy, including:
  • Technical experts and specialists to travel to the US temporarily to install, service, maintain, or receive training for vessels, machinery and other specialized equipment used by U.S. and foreign firms with a substantial investment in the United States.
  • Senior-level managers and executives, and their dependents, who provide strategic direction necessary for the success of the company or venture.
  • Professional athletes, dependents, and essential staff who enter the United States to participate in major sporting events, which bolster the U.S. economy.

The U.S. Consulate in Austria has also resumed limited visa processing for citizens and residents of Austria provided that they qualify for a national interest exception. The Consulate in Vienna is now processing E, B, F, M and certain J visas for travelers that would qualify for a national interest exception. Unlike the US Consulate in Germany, the categories for a national interest exception are as stated in the relevant Presidential Proclamation and there is no separate list for possible exceptions.
Some other European Consulates are starting to resume limited visa services.

In response to the coronavirus (COVID-19) pandemic, USCIS extended the 60-day response flexibility to 09/11/2020. It applies to the following:

     • Requests for Evidence / RFE;
     • Continuations to Request Evidence (N-14);
     • Notices of Intent to Deny;
     • Notices of Intent to Revoke;
     • Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;
     • Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); and
     • Filing date requirements for Form I-290B, Notice of Appeal or Motion.

This flexibility applies to the documents listed above if the issuance date listed on the request, notice, or decision is between March 1, 2020 and September 11, 2020.

USCIS will consider a response to a request or notice listed above received within 60 calendar days after the response due date set in the request or notice before taking any action. USCIS will consider a Form I-290B or a Form N-336 received up to 60 calendar days from the date of the decision before we take any action.

For More Information, please visit uscis.gov/coronavirus .

U.S. Supreme Court Decision
On June 18, 2020, the U.S. Supreme Court ruled that the U.S. Department of Homeland Security (DHS) decision in 2017 to rescind the Deferred Action for Childhood Arrivals (DACA) program violated the Administrative Procedures Act (APA) because it was implemented without the required Notice and Comment and without publication of a final rule.
DACA Overview
Eligible DACA recipients were brought to the U.S. as young children and grew up without legal status. In 2012, DHS granted them deferred enforcement action and employment authorization. There are 700,000 DACA recipients in the U.S. See further below for our DACA eligibility checklist.
Challenges With Timely Renewal of Work Authorization for DACA Employees
One of the challenges of the DACA-based employment authorization document (EAD) is that DHS does not grant automatic continuing work authorization merely because an extension was timely filed. Instead, an employee whose work authorization is based on DACA must have their new plastic EAD work permit in their hand the day before their current work authorization expires, or they must be temporarily laid off. This has caused a lot of disruption for employers and DACA employees.
DHS does encourage DACA recipients to file their DACA and EAD renewal at least 150 days prior to expiration. However, agency processing delays have still resulted in unintended terminations. Once approved by DHS, both the Deferred Action status and work authorization will be approved for up to 2 years at a time.
DACA Checklist and Eligibility
Requirements

• Entered the United States before age 16 and before June 15, 2007.
• Entered without inspection or did not have legal immigration status as of June 15, 2012.
• Continually physically present in the United States for at least five years as of June 15, 2012.
• Under age 31 as of June 15, 2012 (can file later as long as the age requirement was met as of this date).
• Be at least age 15 at time of application (there are some minor exceptions).
• Attending a U.S. high school, or graduated from a U.S. high school, or obtained a U.S. GED equivalent, or attending a career or vocational job training program, or honorable discharge from the U.S. military.
• Good moral character (and continuing beyond June 15, 2012).
• All criteria must have been met as of June 15, 2012.

On Monday, June 22, 2020, the Trump administration said that it was extending a ban on Immigrant Visas aka "green cards" issued outside the United States until December 31, 2020, and adding many nonimmigrant and work visas to the ban, including those used heavily by technology companies and multinational corporations (H-1B, L) and also H-2B, J-1.

The administration explained this ban a way to free up jobs in an economy reeling from the coronavirus. The ban is in effect since April 23, 2020. Original ban was for 60 days. New ban is valid until December 31, 2020.

The ban on new visas applies to H-1B visas, which are used by major American technology companies, and their immediate families, H-2B visas for nonagricultural seasonal workers, J-1 visas for exchange students and L-1 visas for managers of multinational corporations. There will be exemptions for food processing workers, which make up about 15% of H-2B visas.

The administration is proposing a new way of awarding H-1B visas, which are capped at 85,000 a year. The administration wants to award them by highest salary instead of by lottery.

Text of the June 22, 2020 Proclamation is here.   

.........................
Section 1.  Continuation of Proclamation 10014.  (a)  Section 4 of Proclamation 10014 is amended to read as follows:
“Sec. 4.  Termination.  This proclamation shall expire on December 31, 2020, and may be continued as necessary.  Within 30 days of June 24, 2020, and every 60 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.”
(b)  This section shall be effective immediately.
Sec. 2.  Suspension and Limitation on Entry.  The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited, subject to section 3 of this proclamation:
(a)  an H-1B or H-2B visa, and any alien accompanying or following to join such alien;
(b)  a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien; and
(c)  an L visa, and any alien accompanying or following to join such alien.
Sec. 3.  Scope of Suspension and Limitation on Entry.  (a)  The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien 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.
(b)  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 alien 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 alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
(iv)   any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
..........


​Read here.

Here and here.

​USCIS Provided COVID-19 Updates During a Conference Call on June 18, 2020:

1.  On June 18, 2020, I attended a conference call where USCIS representatives advised the attorneys and public about their new and updated post-Covid19 procedures.
2. The purpose of new procedures is to ensure safety of the USCIS personnel, staff, customers and visitors.
3. On June 4, 2020, USCIS local field office started to reopen. Offices will reopen depending on situation in the local community and existing safety concerns. USCIS is following CDC COVID-19 guidelines. It is expected that it will take at least several more weeks for the appointments to be rescheduled. Because the number of daily appointments will be significantly reduced, it will result in longer delays and wait time for an interview will be longer than before COVID-19 pandemic.
4. July 13, 2020 is an estimate when many ASC will reopen and biometrics will resume. Biometrics appointment will be available ONLY at the time and date in the appointment notice. Walk-ins will not be allowed. There will be much less people scheduled every day, so USCIS will have time to clean up and prepare for the next customer. USCIS will reschedule all cancelled Biometrics appointments unless they are deemed unnecessary. When mailing a new appointment notice, a biometrics worksheet will be mailed too. In the past, it was completed during the appointment. Now, the customers will be required to complete the worksheet and bring it with them to the appointment.
5. During pandemic, USCIS was able to reuse some biometrics if they were already on file (taken during previous applications) and the case was ready for adjudication.
6. Some USCIS offices (not consular sections) will start reopening in July 2020. It is expected that USCIS office in Rome will reopen in July 2020. It is expected that USCIS London office will be permanently closed.
7. Priority number one after reopening of the local USCIS offices will be Naturalization ceremonies.
8. Second priority is rescheduling cancelled adjustment of status or green card interviews.
9. Some employment-based green card interviews can be waived on a case-by-case basis and only if it is deemed unnecessary.
10. It is expected that all cancelled and delayed Naturalization ceremonies will be complete by the end of July 2020 (about 100,000 people are waiting).
11. Naturalization ceremonies will be very brief, there will be no big crowds, no family members or friends will be allowed to attend, no video, information will be given in printed format.
12. Asylum interviews will follow different format from other USCIS’ field office interviews.
13. When attending any USCIS appointment, customers are advised to bring their own blue or black pens, wear a face covering (face mask). People not wearing an appropriate face covering will not be allowed to enter. During the interview or biometrics appointment, customers can be asked to remove face covering for a brief period (to identify, to take photo).
14. Customers are advised not to arrive earlier than 15 minutes before an interview, or 30 minutes before naturalization interview.
15. Interpreters are not allowed to attend interviews at USCIS offices in person. Interpreters can interpret by phone.
16. Attorneys can attend in person or by phone.
17. Waiting room sitting will be limited. Number of appointments per day will be significantly reduced. There will be a COVID-19 specific screening for all customers
18. Customers and staff will be required to practice social distancing. The USCIS officer and an applicant can be in different rooms communicating via video call.
19. USCIS is advising all customers to use online tools for contacting USCIS, and to have online accounts.
20. USCIS advises customers who are feeling sick or unwell not to attend the interview, but to follow the instructions in the appointment letter to reschedule an appointment.