Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

USCIS Ended Covid-19 Flexibilities on March 23, 2023

3/27/2023

In the beginning of the COVID-19 pandemic in March 2020, USCIS relaxed certain filing and other requirements.

The federal government intends to end the emergency declarations related to the COVID pandemic in May 2023. The U.S. Citizenship and Immigration Services announced yesterday the termination of the first of other COVID flexibilities to be terminated. The USCIS has ended its policy to allow extra time for applicants, petitioners, and requestors to respond to certain actions of the USCIS. Other flexibilities, such as allowing I-9 processing to occur virtually, may follow unless the USCIS allows a particular COVID policy to become permanent.

Effective 03/23/2023, the USCIS has discontinued the policy that provided an automatic 60-day extension to deadlines applicable to responses to certain requests or notices. The extension applied to the following requests or notices, provided that they were issued any time from March 1, 2020, through March 23, 2023:

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
Notices of Intent to Withdraw Temporary Protected Status
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant

In addition, filings of Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the Immigration and Naturalization Act) must comply with the deadlines in the form instructions regarding a decision dated after March 23, 2023.

The USCIS announcement allowed for the possibility that the agency may exercise discretion “to provide certain flexibilities on a case-by-case basis upon request, for applicants or petitioners affected by an emergency or unforeseen circumstance, such as natural catastrophes (hurricanes, wildfires, severe weather, etc.), national emergencies (public health emergencies), or severe illness (including COVID).”

Signature flexibility made permanent.

The signature flexibility policy put into place during the pandemic has been made permanent.

In March 2020, the USCIS adopted a policy that allowed documents to be “scanned, faxed, photocopied, or similarly reproduced provided that the copy must be of an original document containing an original handwritten signature, unless otherwise specified.”
Effective July 25, this policy will be permanent.

This policy still requires that the original signature page be retained so that it can be provided to the USCIS upon request. Failure to produce the original when requested “could negatively impact the adjudication of the immigration benefit.

COVID-19 Flexibilities Extended to March 23, 2023 USCIS

1/24/2023

U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through March 23, 2023. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and March 23, 2023, inclusive:

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;
Notices of Intent to Withdraw Temporary Protected Status; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

The form was filed up to 90 calendar days from the issuance of a decision we made; and
We made that decision between Nov. 1, 2021, and March 23, 2023, inclusive.

USCIS anticipates that, barring changes presented by the pandemic, this will be the final extension of these accommodations, and requesters must comply with the response requirements set forth in any request or notice dated after March 23, 2023.
As a reminder, the reproduced signature flexibility announced in March 2020 became a permanent policy on July 25, 2022.

Please visit uscis.gov/coronavirus for USCIS updates related to COVID-19.

For more information on situations such as natural disasters or other unforeseen circumstances (including COVID-related illness), where USCIS may provide accommodations, on a case-by-case basis upon request, please visit the Immigration Relief in Emergencies or Unforeseen Circumstances page.

To schedule a consultation with immigration attorney, please email us.

Negative COVID-19 test required for travelers from China effective January 5, 2023

1/2/2023

Effective January 5, 2023:

According to the CDC announcement, travelers from China, Hong Kong, and Macau to the United States must present a negative PCR or rapid antigen test administered by a healthcare provider no more than 2 days before departure. The requirement applies to air travelers 2 years of age or older regardless of nationality or vaccination status. The requirement also applies to passengers traveling through Incheon International Airport, Toronto Pearson International Airport, and Vancouver International Airport on their way to the United States if they have been in China, Hong Kong, or Macau within the past 10 days, as well as to passengers who are merely transiting through the United States en route to another destination.

Passengers who tested positive more than 10 days before the flight can provide documentation of recovery from COVID-19 in lieu of a negative test result. Airlines will be required to confirm the negative COVID-19 test result or documentation of recovery for all passengers before they board or deny boarding to the passenger.

https://wwwnc.cdc.gov/travel/destinations/traveler/none/china

COVID-19 Vaccination Requirement for Nonimmigrants Visitors to USA

11/15/2022

In October 2021, new travel rules were announced. The rules required proof of COVID-19 vaccination and applied to all nonimmigrant travelers to the USA and were supposed to expire on November 8, 2022. However, they were renewed again.

Overview

All nonimmigrant foreign nationals are required to present proof of being fully vaccinated against COVID-19 prior to boarding a flight to the United States from a foreign country
Applies only to nonimmigrant foreign nationals entering the United States.
Nonimmigrant means someone who is NOT a: U.S. citizen, U.S. national, lawful permanent resident, or traveling to the United States on an immigrant visa
This latest requirement is an extension of a previous requirement which was set to expire on November 8, 2022

The Transportation Security Administration (TSA) has extended the requirement for all nonimmigrant foreign nationals to present proof of being fully vaccinated prior to entering the United States. Below, we have defined “fully vaccinated” along with the documentation required to establish proof as well as exceptions to this requirement.

Definition of Fully-Vaccinated
This becomes effective November 9, 2022, and continues the requirement for all nonimmigrant foreign nationals to provide proof of COVID-19 vaccination prior to boarding a flight to the United States. The definition of a Fully Vaccinated Against COVID-19 includes:

two weeks (14 days) since a person received one dose of an accepted single-dose-series COVID-19 vaccine (e.g., Janssen/J&J); OR
two weeks (14 days) since a person’s second dose in a two-dose series of an accepted COVID-19 vaccine; OR
two weeks (14 days) since a person received the full series of an accepted COVID-19 vaccine (not placebo) in a clinical trial; OR
two weeks (14 days) since the person received two doses of any “mix-and-match” combination of accepted COVID-19 vaccines administered at least 17 days apart
NOTE: A full 14 days must have passed since the day the COVID-19 vaccine series was completed. For example, if the vaccine series was completed on the first day of the month, the person is considered fully vaccinated on the 15th of that month.

Several types of documentation are acceptable for proof of COVID-19 vaccination, including verifiable (digital or paper), non-verifiable paper records, and non-verifiable digital records.

A verifiable vaccination record, also known as a verifiable vaccination credential, may be paper or digital and typically includes a QR code (Quick Response code) that links to information confirming the credential was generated from an immunization record in an official database and is protected from tampering. When available, verifiable records are preferred as they indicate that the verifiable credential was generated from an immunization record in an official database and that the credential is valid and legitimate.
A non-verifiable vaccination record is an official record of vaccination that is not digitally linked to an official database with official immunization records and is protected from tampering.
All forms of proof of COVID-19 vaccination must have personal identifiers (full name plus at least one other identifier such as date of birth or passport number) that match the personal identifiers on the passenger’s passport or other travel documents.
Airlines and aircraft operators must determine when the translation of documentation of vaccination is necessary for review.

Exceptions (for nonimmigrants)
The Center for Disease Control (CDC) has established certain exceptions to this requirement, including:

Persons on diplomatic or official foreign government travel
Children under 18 years of age
Participants in certain COVID-19 vaccine trials
Persons with medical contraindications to receiving a COVID-19 vaccine
Persons issued a humanitarian or emergency exception
Persons with valid nonimmigrant visas (excluding B-1 [business] or B-2 [tourism] visas) who are citizens of a country with limited COVID-19 vaccine availability (Table 4)
Members of the U.S. Armed Forces or their spouses or children (under 18 years of age)
Sea crew members traveling pursuant to a C-1 and D nonimmigrant visa
Persons whose entry would be in the U.S. national interest, as determined by the Secretary of State, Secretary of Transportation, or Secretary of Homeland Security (or their designees)

A complete list of required documentation for excepted travelers can be found on the CDC website.

CDC and USCIS Covid-19 vaccination requirements for IMMIGRANTS were updated in July 2022:

"Effective July 25, 2022, the lower age limit for the COVID-19 vaccine requirement is 6 months of age. Any applicant 6 months through 4 years of age who presents for a medical examination on or after this date will be subject to this requirement... This is in addition to older applicants who are already subject to these requirements."

For more, visit the CDC website.

COVID-19 Flexibilities USCIS 60 Days Extension To January 24 2023

10/26/2022

U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through Jan. 24, 2023, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Jan. 24, 2023, inclusive:

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;
Notices of Intent to Withdraw Temporary Protected Status; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

The form was filed up to 90 calendar days from the issuance of a decision we made; and
We made that decision between Nov. 1, 2021, and Jan. 24, 2023, inclusive.

As a reminder, the reproduced signature flexibility announced in March 2020 became permanent policy on July 25, 2022.

Please visit uscis.gov/coronavirus for USCIS updates.

Briefly in Russian:

USCIS еще раз предоставляет отсрочку на 60 дней для ответа на запросы от USCIS и подачу некоторых аппеляций. Срок действия очередной отсрочки продлен до 24 января 2023.

Ответ на запрос от USCIS будут считаться полученным вовремя, если ответ получен не позднее 60 дней с момента истечения срока для ответа (например, срок для ответа 30 дней, значит у вас есть 90 дней).

Uniting for Ukraine New COVID-19 Vaccination Requirement

8/10/2022

The U.S. Department of Homeland Security (DHS) has updated the COVID-19 vaccination requirements for beneficiaries paroled into the United States under Uniting for Ukraine. Effective immediately, all beneficiaries aged 6 months and older must have an attestation submitted attesting that they received COVID-19 vaccinations both before traveling to the United States and after arrival in the United States, unless they are eligible for an exception. Previously, beneficiaries younger than 5 years old qualified for an exception to the COVID-19 vaccination requirement because the vaccine was not approved or licensed for use in that age group.

Before Traveling to the United States

To receive travel authorization under Uniting for Ukraine, all beneficiaries aged 6 months and older must have an attestation submitted attesting that they received at least 1 dose of a COVID-19 vaccine approved or authorized by the Food and Drug Administration or a COVID-19 vaccine listed for emergency use by the World Health Organization, unless they are eligible for an exception.

After Arrival in the United States

After being paroled into the United States, all beneficiaries aged 6 months and older must have an attestation submitted attesting that they completed or will complete their COVID-19 vaccination series (in other words, they will be fully vaccinated) within 90 days of arrival or within 90 days of reaching the eligible age for vaccination according to the current Centers for Disease Control and Prevention guidelines, unless they are eligible for an exception.

The attestation is a condition of parole and must be completed in the beneficiary’s USCIS online account. See our Uniting for Ukraine Vaccine Attestation webpage for more information. Beneficiaries are responsible for arranging their vaccinations.

The U.S. received more than 100,000 Ukrainians in roughly five months following Russia's invasion of Ukraine, fulfilling President Biden's pledge of providing a temporary safe haven to those displaced.
Approximately 47,000 Ukrainians have come to the U.S. on temporary or immigrant visas; nearly 30,000 Ukrainians arrived under a private sponsorship program; more than 22,000 Ukrainians were admitted along the U.S.-Mexico border; and 500 Ukrainians entered the country through the traditional refugee system, the data show.

Briefly in Russian:

С сегодняшнего дня, все приехавшие с Украины по программе Uniting for Ukraine обязаны иметь вакцинацию от Ковида-19 начиная с 6-месячного возраста.

Разрешено иметь хотя бы одну прививку ДО приезда в США.

От всех приехавших по этой программе требуется в течение 90 дней ПОСЛЕ приезда или достижения 6-месячного возраста получить вторую првивку.

Недавно было объявлено, что США уже приняли более 100 тысяч беженцев с Украины, как было обещано. Пока не известно, как долго эта программа будет открыта.

Read here and here.

UNITING FOR UKRAINE ATTESTATION:

The information here is a preview of the required vaccine attestations in your account.
Pre-travel attestations:
Measles Vaccine (Select one):

I have received at least one dose of measles vaccine.
I am not vaccinated against measles but qualify for an exception to this requirement because I am younger than 12 months old or was born prior to 1957.
I am not vaccinated against measles, but qualify for an exception to this requirement because I:
- Have a history of a severe (anaphylactic) reaction to a previous dose or to any component of the vaccine (such as gelatin or neomycin);
- Am pregnant;
- Had a recent blood transfusion or other blood products;
- Have a known severe immunodeficiency; or
- Have a family member (parent, brother, or sister) with a history of hereditary or congenital immune system problem.

Polio Vaccine (Select one):

I have received at least one dose of polio vaccine.
I am not vaccinated against polio but qualify for an exception to this requirement because I am younger than 6 weeks old.
I am not vaccinated against polio but qualify for an exception to this requirement because I have a history of a severe (anaphylactic) reaction to a previous dose or to any component of the vaccine.
I am not vaccinated against polio because the vaccine is not approved or licensed for use in my age group, but I will get vaccinated within 14 days of arrival in the US.

COVID-19 Vaccine (Select one):

I have received at least one dose of a US Food and Drug Administration (FDA) approved or authorized COVID-19 vaccine or a COVID-19 vaccine with World Health Organization Emergency Use Listing (WHO EUL). If not fully vaccinated, I will complete a recommended COVID-19 vaccine series within 90 days after arrival. If the COVID-19 vaccine I received cannot be determined or is not available in the United States, I will receive at least one dose of an FDA approved or authorized COVID-19 vaccine according to the guidelines: https://www.cdc.gov/vaccines/covid-19/clinical-considerations/interim-considerations-us.html
I have not received at least one dose of an US Food and Drug administration (FDA) approved or authorized COVID-19 vaccine or a COVID-19 vaccine with World Health Organization Emergency Use Listing (WHO EUL) but qualify for an exception to this requirement because I am too young. I will start a COVID-19 vaccine series within 90 days of arrival to the United States or reaching the eligible age, whichever is later, and will complete my recommended primary vaccine series in accordance with current CDC guidelines: https://www.cdc.gov/vaccines/covid-19/clinical-considerations/interim-considerations-us.html
I am older than 6 months of age, but I am not vaccinated against COVID-19 because the vaccine is not approved or licensed for use in my age group where I have been residing. I will start a COVID-19 vaccine series within 90 days of arrival to the United States and will complete my recommended primary vaccine series in accordance with current CDC guidelines: https://www.cdc.gov/vaccines/covid-19/clinical-considerations/interim-considerations-us.html
I have not received at least one dose of an US Food and Drug Administration (FDA) approved or authorized COVID-19 vaccine or a COVID-19 vaccine with World Health Organization Emergency Use List (WHO EUL) but qualify for an exception to this requirement because I have a history of a known medical contraindication to the COVID-19 vaccine. Contraindications are listed at: https://www.cdc.gov/vaccines/covid-19/clinical-considerations/interim-considerations-us.html#contraindications

Attestation required within 90 days after U.S. arrival:
Tuberculosis Screening (Select one):

My test result is negative. I have undergone tuberculosis screening starting with an IGRA (interferon-gamma release assay) blood test, and my result is negative. I have and will retain my IGRA test result documentation.
My test result is indeterminate. I have undergone tuberculosis screening starting with an IGRA (interferon-gamma release assay) blood test and my results are indeterminate. An indeterminate IGRA result means additional testing is needed because I may have a tuberculosis infection which has not yet resulted in a positive IGRA test. I will follow up with a state or local public health office or doctor’s office and will complete any additional recommended testing to include further IGRA blood testing, chest x-ray, or other testing and treatment. I have and will retain my IGRA test result documentation.
My test result is positive. I have undergone tuberculosis screening starting with an IGRA (interferon-gamma release assay) blood test and this screening was positive for tuberculosis. I understand that prior Bacillus Calmette-Guerin (BCG) vaccination does not cause a positive IGRA result, thus a positive IGRA test must be taken seriously. I will receive a chest x-ray, and if abnormal, or other signs or symptoms of active tuberculosis disease are present, I will comply with isolation and treatment measures as determined by a state or local public health office or doctor’s office. I have and will retain my IGRA test result documentation as well as documentation that I followed up for additional testing and treatment.
I have not undergone tuberculosis screening but qualify for an exception to this requirement because I am younger than 2 years old.

Select if Applicable:

I did not receive a polio vaccine prior to arriving in the United States because it was not approved or licensed for my age group, but I have now been vaccinated against polio.
I did not receive a COVID-19 vaccination prior to arrival in the United States because it was not approved or licensed for my age group or was only partially vaccinated prior to arriving in the United States. I have completed or will complete my COVID-19 primary series to become fully vaccinated within 90 days of arrival or within 90 days of reaching the eligible age for vaccination according to the current guidelines: https://www.cdc.gov/vaccines/covid-19/clinical-considerations/interim-considerations-us.html

USCIS Allows Additional 60 Days to Respond to RFE, NOID, Appeal, Motion Until October 23, 2022

7/25/2022

USCIS is extending again certain COVID-19-related flexibilities through October 23, 2022, to assist applicants, petitioners, and requestors.

Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Oct. 23, 2022, inclusive:

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;
Notices of Intent to Withdraw Temporary Protected Status; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

The form was filed up to 90 calendar days from the issuance of a decision; and
USCIS made that decision between Nov. 1, 2021, and Oct. 23, 2022, inclusive.

In an effort to take the lessons learned from our pandemic posture, USCIS has been evaluating which flexibilities can and should be extended permanently. As a result of this evaluation, the reproduced signature flexibility announced in March, 2020, will become permanent policy on July 25, 2022.

Briefly in Russian:

Еще раз был продлен период для ответа на запросы от иммиграционной службы, а также на подачу апеляций и жалоб в USCIS. Этот период продлен еше раз по 22 октября 2022. USCIS не будет принимать решения по вашему делу до тех пор пока не получа ваш ответ или не пройдет 60 дней ПОСЛЕ истечения официального срока для ответа.

COVID-19 USCIS Updates.

USCIS Extended Time for Response to RFE, NOID Until July 25 2022

3/31/2022

On March 30, 2022, USCIS in response to the COVID-19 pandemic, U.S. Citizenship and Immigration Services is extending again certain flexibilities through July 25, 2022, to assist applicants, petitioners, and requestors. USCIS anticipates this may be the final extension of these flexibilities.

С 30 марта 2022 до 25 июля 2022 USCIS еще раз (последний раз) продлили срок для ответа на их запросы на 60 дней после даты для ответа указанной в их письме. Они напоминают, что это последнее продление. Эти продления осуществлялись с 1 марта 2020.

USCIS will consider a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the issuance date listed on the request or notice is between March 1, 2020, and July 25, 2022, inclusive:

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; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.
In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

The form was filed up to 90 calendar days from the issuance of a decision we made; and
We made that decision between Nov. 1, 2021, and July 25, 2022, inclusive.
Under previously announced flexibilities, USCIS considered a Form I-290B or a Form N-336 if the form was filed up to 60 calendar days from the issuance of a decision by USCIS, and if the decision was issued between March 1, 2020, and Oct. 31, 2021, inclusive.

Please visit uscis.gov/coronavirus for USCIS updates.

Please see at

https://www.uscis.gov/newsroom/alerts/uscis-extends-flexibility-for-responding-to-agency-requests-1

Effective November 8, 2021, COVID-19 Vaccination is Required for Nonimmigrants Visitors to USA

11/2/2021

On October 25, 2021, the President issued a Proclamation to suspend and limit entry into the United States for non-U.S. citizens who are nonimmigrants seeking to enter the United States by air travel and are not fully vaccinated against COVID-19.

On the same day, CDC issued an Order to implement the President’s direction. The Proclamation and CDC’s Order do not apply to U.S. citizens, U.S. nationals, U.S. lawful permanent residents, and immigrants. The Proclamation and Order also do not apply to air crew members under certain circumstances. For more information, including exceptions, see Presidential Proclamation and Frequently Asked Questions below.
What You Need to Know

If you are a non-U.S. citizen who is a nonimmigrant (not a U.S. citizen, U.S. national, lawful permanent resident, or traveling to the United States on an immigrant visa), you will need to show proof of being fully vaccinated against COVID-19 before you travel by air to the United States from a foreign country.
Some categories of noncitizen, nonimmigrants are excepted from this requirement. If you meet the criteria for one of these categories, you will need to fulfill additional requirements to travel by air to the United States.
At this time, all air passengers ages 2 or older, regardless of citizenship or vaccination status, must show a negative result of a COVID-19 viral test or documentation of recovery from COVID-19 before they board a flight to the United States. For more information about these testing requirements, visit Requirement for Proof of Negative COVID-19 Test or Documentation of Recovery from COVID-19.

Immigrants:
The Presidential Proclamation and CDC’s Order do not apply to immigrants. People applying to enter the United States as immigrants (with exceptions) are required to have a medical examination that includes a COVID-19 vaccination requirement before they are issued an immigrant visa.

Noncitizen, Nonimmigrants:
Noncitizens who are nonimmigrants and seeking to enter the United States by air are required to show proof of being fully vaccinated against COVID-19 before boarding a flight to the United States from a foreign country.
If you are not fully vaccinated against COVID-19, you will NOT be allowed to board a flight to the United States, unless you meet the criteria for an exception under the Proclamation and CDC’s Order.

Categories of noncitizen nonimmigrants that meet the criteria for an exception under the Proclamation and CDC’s Order include:

Persons on diplomatic or official foreign government travel
Children under 18 years of age
Persons with documented medical contraindications to receiving a COVID-19 vaccine
Participants in certain COVID-19 vaccine trials
Persons issued a humanitarian or emergency exception
Persons with valid visas [excluding B-1 (business) or B-2 (tourism) visas] who are citizens of a foreign country with limited COVID-19 vaccine availability
Members of the U.S. Armed Forces or their spouses or children (under 18 years of age)
Sea crew members traveling with to a C-1 and D nonimmigrant visa
Persons whose entry would be in the national interest, as determined by the Secretary of State, Secretary of Transportation, or Secretary of Homeland Security (or their designees)

If you travel by air to the United States under one of these exceptions, you will be required to attest that you are excepted from the requirement to present Proof of Being Fully Vaccinated Against COVID-19 based on one of the exceptions listed above. Based on the category of the exception, you may further be required to attest that:

You will be tested with a COVID-19 viral test 3–5 days after arrival in the United States, unless you have documentation of having recovered from COVID-19 in the past 90 days;
You will self-quarantine for a full 7 days, even if the test result to the post-arrival viral test is negative, unless you have documentation of having recovered from COVID-19 in the past 90 days; and
You will self-isolate if the result of the post-arrival test is positive or if you develop COVID-19 symptoms.

Based on the category of the exception, if you intend to stay in the United States for longer than 60 days you may additionally be required to attest that

You agree to be vaccinated against COVID-19; and
You have arranged to become fully vaccinated against COVID-19 within 60 days of arriving in the United States, or as soon thereafter as is medically appropriate, unless (for children) you are too young to be vaccinated.

A parent or other authorized person should attest on behalf of a passenger under 18 years old. An authorized person may attest on behalf of any passenger who is unable sign their own attestation (e.g., because they are too young, or because of physical or mental impairment).
If you are a noncitizen nonimmigrant and are fully vaccinated, make sure your vaccine and proof of vaccination are acceptable to board a flight to the United States.

What are acceptable Covid-19 vaccines and what is acceptable proof of vaccination? Read here.

List of acceptable COVID-19 vaccines include:

Pfizer-BioNTech
Moderna
AstraZeneca
Covishield
BIBP/Sinopharm
Sinovac
Janssen/J&J

Russian Sputnik COVID-19 vaccine is not considered an acceptable vaccine for the purpose of travel to the United States.
Russia is not included into the list of exempt countries.

Read information in Russian at Rubic here.

С 8 ноября 2021 только полностью вакцинированные туристы и другие не-иммигранты смогут приехать в США. В списке утвержденных вакцин нет российского “Спутника”. Это представляет проблему для граждан России и Беларуси и некоторых других.

Information at the US Department of State website.

Information at the CDC website.

Response to RFE, NOID extended by 60 Days Until January 15 2022

9/24/2021

In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services 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; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

The form was filed up to 60 calendar days from the issuance of a decision we made; and
We made that decision anytime from March 1, 2020, through Jan. 15, 2022

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. 15, 2022, 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.
Please visit uscis.gov/coronavirus for USCIS updates.

New COVID-19 Rules for International Travel to USA Effective November 2021

9/21/2021

New COVID rules for international flights impact foreign tourists as well as the U.S. citizens and permanent residents returning to the United States.

The Biden administration is rolling out new international travel policies affecting Americans and noncitizens alike who want to fly into the U.S. The goal is to restore more normal air travel after 18 months of disruption caused by COVID-19. New travel policies will take effect in November 2021.

What is the new policy in a nutshell?
All adult foreign nationals traveling to the U.S. will be required to be fully vaccinated before boarding their flight. This is in addition to the current requirement that travelers show proof of a negative COVID-19 test taken within 72 hours of departure to the U.S.
Once the vaccination requirement is put in place, the White House will ease all the country-specific restrictions on international travel that have prevented non-citizens who have been in the United Kingdom, European Union, China, India, Iran, Republic of Ireland, Brazil or South Africa in the prior 14 days from entering the U.S.

How does this affect Americans?

Fully vaccinated Americans will only need to show proof of a negative COVID-19 test taken within 72 hours of departure to the U.S.

What about unvaccinated Americans?

U.S. citizens and permanent residents who are not fully vaccinated will still be able to fly to the U.S., but they will see tougher testing and contact tracing protocols. They will need to be tested within 24 hours of boarding a flight to the U.S., as well as undergo testing upon return to the country. It remains to be seen, though, how the federal government will enforce the testing requirement upon return.

Are unvaccinated children exempt from US entry rules?
Unvaccinated children of U.S. citizens and foreign nationals will be subject to the stricter new testing requirements. Today, children ages 2 and older boarding international flights to the United States must show proof of a negative test taken three days before boarding.
White House officials say limited exemptions for children may be added, but no decisions have been made.

What is CDC contact tracing and how will it affect US-bound airline passengers?
The new U.S. entry rules also call for a "strong contract tracing system."
Airlines will be required to collect personal information including a phone number and email from U.S.-bound travelers, whether American citizens or foreign nationals. They will be required to keep that information for 30 days in case a passenger is exposed to someone with COVID-19.
The CDC is going to issue a contract tracing order that will require airlines to request comprehensive information for every passenger coming to the United States and to provide that information promptly to the CDC upon request.

Will passengers on international flights to the US have to quarantine when they arrive?
No. The CDC does recommend, however, that unvaccinated Americans who travel internationally self-quarantine for seven days, even if they test negative for the coronavirus when they return home.

What about travel over land borders?
The administration's restrictions on crossing land borders from Mexico and Canada into the U.S. are to remain unchanged for now. That means that in some cases fully vaccinated people from the two American neighbors will soon be able fly to the U.S., but may not be able to make the same journey by car.

Which vaccines are acceptable?
The CDC says the U.S. will accept full vaccination of travelers with any COVID-19 vaccine approved for emergency use by the World Health Organization, including those from Pfizer, Moderna and Johnson & Johnson used in the U.S. Other vaccines are also approved by the WHO and used widely around the world, including from AstraZeneca and China’s Sinovac, with varying degrees of effectiveness against COVID-19 and its more transmissible delta variant. The WHO is reviewing Russia’s Sputnik V vaccine but hasn’t approved it.

Read more here.

COVID-19 Vaccine Required for Immigrants Effective October 1, 2021

9/3/2021

Effective October 1, 2021, with few exceptions, those applying for permanent residence (green card) must be vaccinated against COVID-19. Covid-19 was classified by the CDC as a “Class A inadmissible condition”. The new vaccine requirements apply to foreign nationals applying for adjustment of status in the United States (filing Form I-485) when completing the I-693 medical examination with a designated USCIS civil surgeon. It also applies to foreign nationals applying for an immigrant visa or refugee status at a US consulate and undergoing a medical examination with a panel physician.

Regarding the I-485, the CDC said that the applicant “must complete the COVID-19 vaccine series and provide documentation of vaccination to the civil surgeon in person before completion of the medical examination.” The COVID-19 vaccination requirement differs from previous requirements in that “the entire vaccine series (1 or 2 doses depending on formulation) must be completed in addition to the other routinely required vaccines. COVID-19 vaccinations can now be given at any time, without regard to the timing of other vaccinations.” Acceptable vaccines include Pfizer-BioNTech, Moderna, and Johnson & Johnson.
Panel physicians in countries outside the US may accept vaccines authorized for emergency use or approved by the US Food and Drug Administration or vaccines listed for emergency use by the World Health Organization. In addition to the three vaccines used in the US, the WHO lists many other vaccines used outside the US such as AstraZeneca, Covishield and Covaxin, Sputnik, Sinopharm and Sinovac, among others.
Waivers are available. Applicants may also apply for an individual waiver on religious or moral grounds.
Until now, even if a country was subject to a Covid ban, one applying for an immigrant visa is exempted from the ban.
US citizens, permanent residents and noncitizens with US citizen or permanent resident children are exempted from the ban. So are those who can obtain national interest exception waivers on a variety of grounds.
Applicants that do not qualify for an exemption or waiver to this policy and refuse one or more doses of a COVID-19 vaccine series will be deemed inadmissible to the United States and denied a green card.
Read more here.

RFE Response Period Extended by Additional 60 Days

6/24/2021

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 from USCIS:

RFE, Requests for Evidence;
Continuations to Request Evidence (N-14);
NOID, Notices of Intent to Deny;
NOIR, Notices of Intent to Revoke;
NOIR, Notices of Intent to Rescind;
Notices of Intent to Terminate regional centers; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

The form was filed up to 60 calendar days from the issuance of a decision we made; and
We made that decision anytime from March 1, 2020, through Sept. 30, 2021

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 Sept. 30, 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.

Briefly in Russian:

В связи с пандемией COVID-19, USCIS продлило срок для ответа на их запросы на 60 дней. Продление относится к запросам, датированным после 1 марта 2020 и по 30 сентября 2021.

See here.

USCIS Updated COVID-19 Visitor Policy

5/30/2021

COVID-19 Update from USCIS:
May 27, 2021: IF YOU ARE FULLY VACCINATED

Due to updated guidance from the CDC, USCIS has updated its visitor policy. (USCIS Visitor Policy). Fully vaccinated individuals no longer have to wear a face covering. Individuals two years old and older who are not fully vaccinated must still wear a face covering.

To be considered fully vaccinated, it must be at least two weeks after receiving a second dose in a two-dose series or at least two weeks after receiving a dose of a single-dose vaccine.

USCIS has eased other requirements for fully vaccinated individuals who do not have COVID-19 symptoms.

Those who have returned from domestic air, international air or cruise ship travel in the past 10 days may enter USCIS facilities if they are fully vaccinated. Individuals who have been in close contact (within six feet for a total of 15 minutes or more) with anyone known to have COVID-19 in the previous 14 days may also enter USCIS facilities if they are fully vaccinated. Healthcare workers who consistently wear an N95 respirator and proper personal protective equipment or equivalent when in contact with COVID-19 positive individuals continue to be exempt from reporting close contact.

In DHS-controlled spaces, this guidance supersedes state, local, tribal, or territorial rules and regulations regarding face coverings.

For more information, see USCIS Policy.

New COVID-19 Ban: South Africa, Brazil, UK, EU

1/25/2021

President Joe Biden plans to sign restrictions Monday on travel to the United States to mitigate Covid-19 transmission, two White House officials confirmed today.

The ban would prevent most non-U.S. citizens from entry if they have recently been in South Africa, where a new strain of Covid-19 has been identified. The virus has killed more than 418,000 people and infected upward of 25 million across the U.S., according to an NBC News tracker.

Biden is also expected to reinstate broader restrictions that were in effect much of the past year but were rescinded by President Donald Trump days before his term ended. The limits would affect non-U.S. citizens traveling from the United Kingdom, Ireland and much of Europe in what is known as the Schengen countries, which share a common visa process. Travelers from Brazil would also be affected.

More here.

COVID-19 Update from USCIS: RFE, NOID Response Period Extended by Additional 60 Days

12/18/2020

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.

USCIS Temporary Response to COVID-19

12/3/2020

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

Some US Consulates Started Offering Limited Visa Services and Applications for Exceptions to Travel Ban

7/23/2020

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.

RFE, NOID, NOIR Deadline 60-Day Flexibility Extended Until Sep 11, 2020

7/1/2020

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 .

COVID19 Updates from USCIS About Reopening and New Procedures

6/18/2020

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

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.
The purpose of new procedures is to ensure safety of the USCIS personnel, staff, customers and visitors.
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.
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.
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.
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.
Priority number one after reopening of the local USCIS offices will be Naturalization ceremonies.
Second priority is rescheduling cancelled adjustment of status or green card interviews.
Some employment-based green card interviews can be waived on a case-by-case basis and only if it is deemed unnecessary.
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).
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.
Asylum interviews will follow different format from other USCIS’ field office interviews.
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).
Customers are advised not to arrive earlier than 15 minutes before an interview, or 30 minutes before naturalization interview.
Interpreters are not allowed to attend interviews at USCIS offices in person. Interpreters can interpret by phone.
Attorneys can attend in person or by phone.
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
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.
USCIS is advising all customers to use online tools for contacting USCIS, and to have online accounts.
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.

Brazil Added to the List of Banned Countries Because of COVID19 Effective Date May 28 2020

5/27/2020

The Administration announced an expansion of its COVID-19 travel ban to include those seeking to enter the U.S. from Brazil. The new Proclamation issued on Sunday, May 24, 2020, bars all non-U.S. citizens who have been physically present in Brazil during the 14-day period prior to entering or attempting to enter the United States.

When Does the Brazil Ban Start and How Long Will it Last?

The proclamation’s ban will go into effect at 11:59 PM Eastern Daylight Time (EDT) on May 28, 2020 remain in effect indefinitely until terminated by the President. Prior travel bans have now been in effect for several months and with no official end in sight.

Brazil joins the following countries that are already subject to similar COVID-19 travel bans: China; Iran; the European Schengen area: (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Monaco, San Marino, Vatican City); the United Kingdom and the Republic of Ireland.

Who is Covered?

The new Brazil proclamation includes several important qualifiers and exemptions. It only extends to “aliens” (non-citizens of the United States), but it includes both immigrants (those coming to stay indefinitely) and nonimmigrants (those coming temporarily).

It bars entry for aliens who have been physically present in Brazil during the 14 days prior to attempting to enter the U.S. That means it does not just bar Brazilian citizens and it would not apply to Brazilian citizens attempting to enter the U.S. after spending two weeks in a non-barred country. In other words, an Indonesian coming to the U.S. from Brazil is barred, but a Brazilian coming directly to the U.S. after 14+ days in Indonesia is free to enter.

The new proclamation does not apply to the following classes:

Lawful permanent residents (aka green card holders), but it does apply to immigrants, meaning it should bar those seeking to enter on immigrant visas to become lawful permanent residents.
The spouse of a U.S. citizen or lawful permanent resident.
The parent or legal guardian of a U.S. citizen or lawful permanent resident as long as the U.S. citizen or lawful permanent resident is unmarried and under 21.
The sibling of a U.S. citizen or lawful permanent resident as long as the U.S. citizen or lawful permanent resident and the sibling are both unmarried and under 21.
The children, foster children, or wards of a U.S. citizen or lawful permanent resident a certain prospective adoptees.
Those invited by the U.S. government to fight the Corona virus.
Those traveling on certain crewman and transit nonimmigrant visas.
Nonimmigrants in most diplomatic statuses.
S. Armed Forces members and their spouses and children.
Those whose entry would not pose a “significant risk” of spreading the virus as determined by HHS and CDC.
Those whose entry would “further important law enforcement objectives” as determined by DOS, DHS, and DOJ.
Those whose entry would be in the U.S. national interest, as determined by DOS and DHS.
In addition, the proclamation should not affect any applicant for asylum and other related humanitarian relief such as Withholding of Removal or protections under the Convention Against Torture.

DV 2020 Lottery How an IV Interview Can be Rescheduled After COVID-19 Cancellation

5/21/2020

Q: Is there any chance to reschedule an immigrant visa interview for the DV Lottery 2020? A visa interview was cancelled because of COVID-19.

A: A DV immigrant visa interview for FY 2020 must be rescheduled before September 30, 2020, and a visa has to be issued before September 30th, or the chance to immigrate through a Green Card lottery for this FY will be lost.

The embassies and consulates are currently closed because of COVID-19. If the case is pending at the U.S. embassy or Consulate, when they reopen, contact the consulate directly and without delay. They should be rescheduling everyone when they reopen. If the case is still at the NVC stage, you can contact NVC directly even now. NVC is currently open.

If you applied for adjustment of status and the case is pending at the local USCIS office, USCIS will begin rescheduling soon. USCIS had previously announced that they plan to reopen local offices on or after June 4, 2020. This date might change.

Issuance of the U.S. Passports is Temporary on Hold Because of COVID-19

5/21/2020

The U.S. State Department temporary stopped issuing passports to the U.S. citizens due to the COVID-19 pandemic, with narrow exceptions for people who have a “qualified life-or-death emergency.”

In a statement published March 27, 2020, the State Department advised Americans to avoid all international travel due to the spread of COVID-19, unless someone is experiencing an emergency and needs to travel within 72 hours.

Situations that qualify as “life-or-death emergencies” include serious illnesses, injuries or deaths among members of a person’s immediate family that requires travel outside of the U.S., according to the statement.

Briefly in Russian:

Выдача американских паспортов приостановлена из-за коронавируса. Только в исключительных обстоятельствах паспорт может быть выдан.

Official U.S. Dept of State Passport Office site: posted more details here.

Bill to Recapture 40,000 Unused Green Cards for Medical Doctors and Nurses

5/6/2020

On May 4, 2020, a bipartisan group of Senators introduced a bill to recapture 40,000 unused green cards/immigrant visas, and give them to much needed doctors and nurses.
This is not a new law yet, but a bill. See text at https://www.durbin.senate.gov/…/Healthcare%20Workforce%20Re…
The Healthcare Workforce Resilience Act would speed the ability of foreign-born healthcare workers to become lawful permanent residents of the United States and allow them to assist in responding to the COVID-19 pandemic.
The bill would recapture unused immigrant visas for 25,000 nurses and 15,000 doctors that Congress had previously authorized and allocate them to those who can help in the fight against COVID-19. The proposal does not increase current immigration numbers.
“This proposal would simply reallocate a limited number of unused visas from prior years for doctors and nurses who are qualified to help in our fight against COVID-19.”
“Consider this: one-sixth of our health care workforce is foreign-born. Immigrant nurses and doctors play a vital role in our health care system, and their contributions are now more crucial than ever."
The Healthcare Workforce Resilience Act would do the following:
Recapture unused green cards from previous years for doctors, nurses and their families;
Exempt these visas from per-country caps;
Require employers to attest that immigrants from overseas who receive these visas will not displace American workers;
Require the DHS and the State Department to expedite the processing of recaptured visas; and
-->Limit the filing period for recaptured visas to 90 days following the termination of the President’s COVID-19 emergency declaration. Given the 90-day limit, U.S. health care providers who wish to sponsor doctors and nurses for green cards need to do so without delay.

RFE, NOID, NOIR Response Time Extended by 60 days for a period March 1 to July 1, 2020

5/1/2020

On May 1, 2020, USCIS announced that RFE and NOID, NOIR Response Time extended by 60 days for a period beginning March 1 and ending July 1, 2020.

USCIS продляет время для ответа на запросы RFE и письмо об отказе NOID, NOIR на 60 дней. Это период продлен включительно по 1 июля 2020. То есть если вы получили RFE, NOIR, NOID в период с 1 марта по 1 июля 2020, у вас есть дополнительные 60 дней для ответа.

In response to the coronavirus (COVID-19) pandemic, USCIS is extending the flexibilities it announced on March 30, 2020 to assist applicants and petitioners who are responding to certain:
Requests for Evidence, RFE;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny, NOID;
Notices of Intent to Revoke, NOIR;
Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers; and
filing date requirements for Form I-290B, Notice of Appeal or Motion.
Notice/Request/Decision Issuance Date
This flexibility applies to the documents listed above if the issuance date listed on the request, notice, or decision is between March 1 and July 1, 2020, inclusive.
Response Due Date
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 action. USCIS will consider a Form I-290B received up to 60 calendar days from the date of the decision before it takes any action.
For More Information
Please visit uscis.gov/coronavirus for the latest facts and other USCIS updates.