On August 31, 2017, the US Department of State announced it will close down the Russian consulate in San Francisco, CA, as well as annexes in Washington, DC and New York, NY in response to mandated 755 staff cuts at the US mission in Russia in July 2017

The move comes one day before September 1st Moscow's deadline for US personnel to leave their positions and will take effect Saturday.

White House press secretary Sarah Huckabee Sanders told reporters that the decision to close the Russian diplomatic facilities was made directly by President.

In late 2016, President Obama ordered the expulsion of 35 Russian diplomats, and the seizure of two Russian government compounds in response to alleged Russian meddling in the 2016 US presidential election.

Earlier in August 2017, the U.S, Consulates in Russia stopped issuing nonimmigrant visas to Russian citizens in response to Russian sanctions announced in July 2017.

Briefly in Russian:

Госдеп США объявил сегодня о закрытии Российского Консульства в Сан Франциско, Калифорнии, и двух консульских отделов в Вашингтоне и Нью-Йорке.

По словам пресс секретяря Белого Дома, это решение было принято лично президентом.

Напомню, что еще в 2016 президент Обама выдворил из США 35 российских дипломатов и конфисковал два объекта недвижимости за подозрение во вмешательстве в выборы президента США.

Read here.

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On May 4, 2017, the U.S. Department of State published in the Federal Register the following public notice: Public Notice: 9984, Notice of Information Collection Under OMB Emergency Review: Supplemental Questions for Visa Applicants. 

"The Department proposes requesting the following information, if not already included in an application, from a subset of visa applicants worldwide, in order to more rigorously evaluate applicants for terrorism or other national security-related visa ineligibilities:

• Travel history during the last fifteen years, including source of funding for travel;
• Address history during the last fifteen years;
• Employment history during the last fifteen years;
• All passport numbers and country of issuance held by the applicant;
• Names and dates of birth for all siblings;
• Name and dates of birth for all children;
• Names and dates of birth for all current and former spouses, or civil or domestic partners;
• Social media platforms and identifiers, also known as handles, used during the last five years; and
• Phone numbers and email addresses used during the last five years.

Most of this information is already collected on visa applications but for a shorter time period, e.g. five years rather than fifteen years.

Requests for names and dates of birth of siblings and, for some applicants, children are new. The request for social media identifiers and associated platforms is new for the Department of State, although it is already collected on a voluntary basis by the Department of Homeland Security (DHS) for certain individuals.

The estimated number of respondents represents the estimate of relevant State Department officials that 0.5% of U.S. visa applicants worldwide, or in the range of 65,000 individuals per year, will present a "threat profile", based on individual circumstances and information they provide, that will lead U.S. consular officers at posts around the world to conclude the applicant warrants enhanced screening that takes into account the information that is proposed to be collected."

"Regarding travel history, applicants may be requested to provide details of their international or domestic (within their country of nationality) travel, if it appears to the consular officer that the applicant has been in an area while the area was under the operational control of a terrorist organization as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act, 8 U.S.C. 1182(a)(3)(B)(vi). Applicants may be asked to recount or explain the details of their travel, and when possible, provide supporting documentation."

"This information collection implements the directive of the President, in the Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security of March 6, 2017, to implement additional protocols and procedures focused on ‘‘ensur[ing] the proper collection of all information necessary to rigorously evaluate all grounds of inadmissibility or deportability, or grounds for the denial of other immigration benefits.’’ 

Extreme vetting or enhanced screening protocols will not apply to all visa applicants, but to select ones, who present potentially a "threat profile".

In Russian:

В исполнение указа президента США от 6 марта 2017, Госдеп США опубликовал план новой программы усиленной проверки подозрительных заявителей на визу, так называемых "threat profiles".

Усиленной проверке будут подвергаться не все заявители на визу, а выборочная группа лиц. Например, лица, которые подозреваются в связи с террористическими организациями, которые путешествовали в старын или регионы, где такие группы существуют.

По расчетам Госдепа США, такх лиц наберется около 65 000 в год, то есть пока они не собираются применять эти меры ко всем заявителем на визу.

4 мая 2017 Госдеп опубликовал новый список мер: 

• Требование предоставить историю поездок за границу за последние 15 лет.
• Возможны детальные расспросы о поездках на интервью на визу, и затребование документов.
• Все адреса проживания за последние 15 лет.
• Трудовая история за последние 15 лет.
• Все номера паспортов и страны выдавшие паспорта
• Имена и даты рождения всех братьев и сестер.
• Имена и даты рождения всех детей, вне зависимости от возраста, проживания
• Имена и даты рождения всех бывших мужей и жен. А также всех гражданских жен и мужей (это совершенно новое требование, которое может быть истолковано очень широко)
• Все ваши аккаунты на социальных платформах social media accounts, которыми вы пользовались в последние 5 лет. (Они пока не указывают, что будут тредовать пароль или доступ, а только указать имя на аккаунте)
• Все номера телефонов и email addresses, которыми вы пользовались в течение последних 5 лет.

The answers below were provided to AILA on February 27, 2017 by the U.S. Department of State, in response to issues raised by the president's January 27th executive order, so called "Travel Ban", which resulted in numerous visa cancellations and revocations.

The first January 27th executive order was replaced by March 06th executive order. Some answers provided by the U.S. Department of State still stand because they addressed several important issues which arose during the previous executive order's travel ban enforcement. Some answers would have to be adjusted because of a new March 6th executive order.

To clarify visa revocation and cancellation matters, the DoS provided the following answers:
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Q1: What happened to the passports of applicants who had been cleared for visa issuance and were awaiting the return of their passports at the time the January 27, 2017, Presidential Executive Order (EO) was signed? If passports were returned to the applicants without the visa, what is the process for reinstating the application and receiving the visa at this time?

Answer: If visa issuance had been authorized, but the passport and visa remained in the consular section, we would have expected the consular section to spoil the visa, deny the application, and call the applicant in to pick up the passport with any issued visa having been revoked. Visa denials under the Executive Order were final, but the applicant may reapply without prejudice.

Q2: Do nonimmigrant visa applicants whose visa interviews were scheduled and then cancelled when the EO was signed need to reschedule their interviews, or are posts taking steps to reschedule them affirmatively? If visa applicants must take affirmative steps to reschedule their interviews, what is the process? What is the process for immigrant visa applicants?

Answer: We instructed our embassies and consulates to resume regular processing of visas for nationals of the seven countries subject to Executive Order 13769. Nonimmigrant visa applicants should contact their nearest U.S. Embassy or Consulate for information about scheduling an interview. The National Visa Center cancelled all scheduled immigrant visa interviews for these applicants scheduled in February 2017. The National Visa Center or U.S. Embassy will contact those affected to reschedule interview appointments.

Q3: In lieu of issuing a new nonimmigrant visa, can posts assist individuals whose nonimmigrant visa was physically cancelled (as opposed to provisionally revoked) in obtaining a boarding or transportation letter to facilitate embarkation to travel to the U.S.? Are boarding letters available for individuals with physically cancelled immigrant visas?

Answer: Visa cancellation by CBP constitutes visa revocation precluding travel. In certain situations, consular sections have issued boarding letters at CBP’s request. Other affected visa holders should apply for a new nonimmigrant visa, or contact the U.S. Embassy or Consulate where they received an immigrant visa for further instruction.

Q4: For dual nationals, please confirm that only nonimmigrant visas issued in a passport of a restricted country were provisionally revoked, and that nonimmigrant visas issued in a passport of an unrestricted country continued to remain valid. 

Answer: Given that the provisional revocation was reversed on February 3, 2017, any visas that were not canceled or revoked on other grounds were reinstated. If you have concerns about a particular case, please explain the circumstances and current status of the visa holder.

Q5: Were the nonimmigrant visas of citizens or nationals of the seven restricted countries who were present in the U.S. when the EO took effect provisionally revoked? If so, please confirm whether they have been reinstated.

Answer: When the provisional revocation was reversed on February 3, 2017, any visas that were not canceled or revoked on other grounds were reinstated.

Q6: Are individuals whose visas were provisionally revoked and then reinstated as a result of the TRO required to indicate on future applications that they have had a visa revoked?

Answer: Holders are not required to indicate on future applications that they have had a visa revoked.

Q7: Has DOS taken any additional steps has to notify individuals that their visas have been revoked other than the general notice on state.gov? Have these individuals been notified that their visas have been reinstated? If no notices have been provided, what steps can an individual take to proactively determine if his or her visa has been provisionally revoked and/or reinstated? 

Answer: When the provisional revocation was reversed on February 3, 2017, any visas that were not canceled or revoked on other grounds were reinstated. Individuals with any questions should contact their nearest U.S. Embassy or Consulate.

Q8: Did the EO have any effect on the processing of J-1 waiver applications for applicants from the restricted countries? 

Answer: The Waiver Review Division in the Visa Office generally continued processing of J-1 waiver applications while the EO was in effect.
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P.S. On March 06, 2017, President signed a new Executive Order replacing the previous EO. 

On Monday, March 06, 2017, the President signed a new Executive Order on Immigration (to replace the previous EO, so called "Travel Ban" or "Muslim Ban" which was placed on hold by the courts). 

New executive order narrowed a scope of the travel ban to block only new applicants for visas from 6 countries (LIst of Six instead of List of Seven), and removed Iraq from its coverage.

The new order, which goes into effect on March 16, 2017, and bans entry into the United States for 90 days for citizens of six countries—Iran, Libya, Somalia, Sudan, Syria, and Yemen-- for those people who do not already hold a valid visa. 

Visas revoked under the first executive order have been declared "restored".

Sec.12 (d): "Any individual whose visa was marked revoked or marked canceled as a result of Executive Order 13769 shall be entitled to a travel document confirming that the individual is permitted to travel to the United States and seek entry.  Any prior cancellation or revocation of a visa that was solely pursuant to Executive Order 13769 shall not be the basis of inadmissibility for any future determination about entry or admissibility."

Read more at our blog here.

#EO #executiveorder #travelban #muslimban

​Полезная информация (контакты, даты, сроки, как с ними связаться) об иммиграционной службе США, Национальном Визовом Центре, офисах по политубежищу, посольствам и консульствам США.
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USCIS or DHS website where you can find USCIS contact number, webforms and download all applications and forms for free is here.

USCIS Case Status: you can check status of your pending case online here.

USCIS Processing Times: you can see how fast cases are being adjudicated or decided by different USCIS / DHS offices around the United States here.

USCIS Change of Address Form Online: you can submit your change of address form online here.

USCIS Case Inquiry Webforms: you can submit your questions or case inquiry directly to USCIS by using one of the webforms here.

How to find USCIS field offices, ASC Application Support Centers, Asylum officers - use USCIS Officer Locator here.

How to Find a Medical Doctor for a USCIS I-693 Medical Examination - use USCIS Designated Doctor Locator. 

How to verify if a particular USCIS office is open or closed due to bad weather or other circumstances - use USCIS Office Closings Daily Bulletin, which is updated daily. 

USCIS International Offices Processing Times - use this link to find out current processing times at USCIS offices located overseas.

Asylum Office Scheduling Bulletin is posted by Asylum Office here.

US Department of State Monthly Visa Bulletin: you can find monthly visa bulletin and check how fast your priority date is progressing here.

NVC National Visa Center contact information - if you need to contact NVC regarding a pending case.

You can find out current Visa Fees for various visas to USA here.

Know Your Rights: What to do during the ICE or immigration raid at work, at home, in a public place; what questions you must answer and when you shall remain current. Download a PDF file in English here. 

To schedule a consultation with an experienced immigration attorney who speaks English and Russian, please email us to schedule.

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DOS Department of State New Policy: "No Eyeglasses Policy for Visa and Passport Photographs." As of November 1, 2016 photographs of visa and passport applicants wearing eyeglasses will no longer be accepted, except in rare, medically-documented circumstances.

CA will implement this policy with a soft one-month enforcement period from November 1 to November 30, 2016, after which we will not accept photographs with eyeglasses.

Make sure you are not wearing eyeglasses in your visa and passport photos.

------------------Briefly in Russian:
Госдепартамент США изменил правила подачи фото для виз и паспорта. Начиная с 1 ноября 2016 визовые и паспортные фото в очках не принимаются. Заявитель обязан предоставить паспортное или визовое фото без очков. В период с 1 по 30 ноября 2016 возможны поблажки. Также возможно исключение в особых случаях, при наличии справки от врача.
---------------------------
The Department published 9 FAM 303.6-2(A)(1) "Photo Standards" on September 20,
2016, Change Transmittal (CT)-VISA-178. CA revised 9 FAM 303.6-2 (A)(1) paragraph
(a)(7) to prohibit the wearing of eyeglasses in visa photographs except in rare, urgent
medical circumstances. The key revisions are as follows:
--> (7) (U) Eyeglasses: Effective for applications filed on or after November 1, 2016,
eyeglasses must not be worn in a photo provided for a visa application, except in rare
circumstances when eyeglasses cannot be removed for medical reasons; e.g., the
applicant has recently had ocular surgery and the eyeglasses are necessary to protect
the applicant's eyes. A medical statement signed by a medical professional/health
practitioner must be provided in these cases. If the eyeglasses are accepted for
medical reasons:
(a) (U) The frames of the eyeglasses must not cover the eye(s) (ICAO 9303,
Section IV, Appendix 11, 1.8).
(b) (U) There must not be glare on eyeglasses that obscures the eye(s).
(c) (U) There must not be shadows or refraction from the eyeglasses that
obscures the eye(s).
https://travel.state.gov/content/dam/visas/policy_updates/16-STATE-106142.pdf

Substantive updates made to DOS Department of State policy on Diversity immigrant visas (Green Card Lottery visas or green cards), including the definition of “native,” procedures for DV selection and treatment of derivative family members.

See 9 FAM 502.6 here.

https://fam.state.gov/FAM/09FAM/09FAM050206.html

9 FAM 502.6
DIVERSITY IMMIGRANT VISAS
(CT:VISA-175;   09-13-2016)
(Office of Origin:  CA/VO/L/R)

9 FAM 502.6-1  RELATED STATUTORY AND REGULATORY AUTHORITIES
9 FAM 502.6-1(A)  Immigration and Nationality Act
(CT:VISA-1;   11-18-2015)
INA 202(b) (8 U.S.C. 1152(b)); INA 203 (8 U.S.C. 1153); INA 204(a)(1)(I)(ii) (8 U.S.C. 1154(a)(1)(I)(ii)); INA 212(a)(5) (8 U.S.C. 1182(a)(5)); INA 212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)); INA 212(e) (8 U.S.C. 1182(e)); INA 213(a) (8 U.S.C. 1183(a)); INA 221(g) (8 U.S.C. 1201).
9 FAM 502.6-1(B)  Code of Federal Regulations
(CT:VISA-1;   11-18-2015)
22 CFR 40.205; 22 CFR 42.33.
9 FAM 502.6-1(C)  Public Law
(CT:VISA-1;   11-18-2015)
Section 131 of the Immigration Act of 1990 (Public Law 101-649); the Nicaraguan Adjustment and Central American Relief Act (NACARA - Public Law 105-100); Section 1 of Public Law 105-360; Section 636 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208); the Assistance for International Malaria Control Act (Public Law 106-570); USA PATRIOT Act (Public Law 107-56).
9 FAM 502.6-2  DIVERSITY IMMIGRANTS OVERVIEW
(CT:VISA-175;   09-13-2016)
a. Section 131 of the Immigration Act of 1990 (Public Law 101-649) amended INA 203 to provide for a new class of immigrants known as “diversity immigrants” (DV immigrants).  The amendment established an annual numerical limitation of 55,000 DV immigrants effective for fiscal year 1995 and thereafter.  Aliens who are natives of countries determined by the Attorney General (now Secretary of Homeland Security) through application of a mathematical formula specified in INA 203(c)(1)(A) to be “low admission” countries may qualify for immigration under this limitation.  INA 203(c)(1) requires a separate entry for each participating alien for each fiscal year.
b. INA 203(c)(1)(A) requires the Secretary of Homeland Security to determine the actual number of immigrant admissions from each foreign country for the previous five year period.  The formula identifies both high and low admission regions and high and low admission foreign states.  A greater share of the available visa numbers goes to low admission regions.  High admission states are excluded from the program.
c.  In November 1997, Congress passed Public Law 105-100, the Nicaraguan Adjustment and Central American Relief Act (NACARA). With NACARA, Congress stipulated that beginning with the 1999 Diversity Immigrant Visa Program, and as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas can be made available for use under the NACARA program.
9 FAM 502.6-3  DIVERSITY VISA ELIGIBILITY
(CT:VISA-175;   09-13-2016)
a. Requirements for Diversity Immigrant Program:  To qualify under INA 203(c) as a diversity immigrant, the following requirements must be met:
(1)  The alien must be a native of, or be chargeable to, a country eligible for that year's DV program (see 9 FAM 502.6-3 paragraph b); and
(2)  The alien must have at least a high school education or equivalent (see 9 FAM 502.6-3 paragraph c); or
(3)  The alien must have, within five years of the date of application for a diversity immigrant visa under INA 203(c), at least two years of work experience in an occupation that requires at least two years of training or experience (see 9 FAM 502.6-3 paragraph d).
b. Qualifying Diversity Visa Countries
(1)  Formula for Identifying Qualifying Diversity Countries:
(a)  The Secretary of Homeland Security is required to determine total admissions of preference and immediate relative (IR) immigrants over the most recent five-year period for which statistics are available, worldwide total, by region, and by individual foreign state.  Using these figures, the Secretary of Homeland Security is to identify both high admission regions and high admission foreign states.  A high admissions region is a region whose admission total is greater than one-sixth of the worldwide total. A foreign state whose admissions total is greater than 50,000 is a high admission foreign state.
(b)  Using available estimates, the Secretary of Homeland Security must then determine the population of each of the six regions (excluding the population of any high admission foreign state) and use those totals to determine the apportionment of the 55,000 worldwide DV limitations. Quotas for the six regions will be established.  Natives of these regions compete for that portion of the total established for that region. Any unused portion of a regional quota is distributed proportionally among the other regions.  High admission states are excluded entirely from the apportionment.  No one country’s nationals may receive more than 7% of the available visas in any one year.
(2)  Qualifying Countries:  Natives of high admission counties are not eligible to register for the DV program unless they qualify based on chargeability to a DV program country.  The Department of Homeland Security will determine annually the list of ineligible countries.  The list is subject to change annually.
(3)  Native:  Native means a person born in a DV program county.  An individual may be able to participate in the DV program because of specific family ties or personal situations by "charging" to another country.  See 9 FAM 502.6-4 paragraph a(2) for additional information on chargeability.
c.  High School Education or Equivalent: 
(1)  You must adjudicate the applicant’s qualifications under this requirement.  In order to enter or apply for the DV program, the alien need not prove that this requirement is met.  The applicant must, however, meet this requirement by the end of the fiscal year in which selected and present evidence of completion to be found eligible for a visa.  If the applicant does not meet the requirement at the time of the interview, you should refuse the case 5A.  If the applicant presents evidence of completion of high school before the end of the fiscal year, and visas are still available for the region, you may overcome the refusal and issue the visa.
(2)  The Department’s Interpretation of the Term “at Least a High School Education or its Equivalent” Means Successful Completion of at least a:
(a)  Twelve-year course of elementary and secondary study in the United States; or
(b)  Formal course of elementary and secondary education comparable to completion of 12 years elementary or secondary education in the United States.  Because a United States high school education is sufficient in itself to qualify a student to apply for college admission, in order for a foreign education to be equivalent to a United States education, it should be sufficient to allow a student to apply for college admission without further education.  Vocational degrees that are not considered a basis for further academic study will not be considered equivalent to United States high school education.
(3)  Education Requirements:  We interpret the phrase “at least a high school education or its equivalent” to apply only to formal courses of study. Equivalency certificates (such as the G.E.D.) are not acceptable.  To qualify, an alien must have completed a 12-year course of elementary and secondary education in the United States or a comparable course of study in another country.  Evidence might consist of a certificate of completion equivalent to a United States diploma, school transcripts, or other evidence issued by the person or organization responsible for maintaining such records, which specify the completed course of study.
(4)  Education Evaluation:
(a)  Each post needs to determine what course of study is equivalent to a high school education or its equivalent in the host country.  Previously, posts were provided with a guidebook that provided information on high school equivalency country by country.  That guidebook ("Foreign Education Credentials Required”) is no longer in print and is not available in updated format.  You should not rely on it for your evaluation of high school credentials.  You should make use of the resources found in your Public Diplomacy (PD) section to determine comparable courses of study in the host country that would meet the definition of a high school education or its equivalent.  Contacts in the host country’s Ministry of Education may also be of help.  If you have questions about certificates and diplomas, you should consult with your public diplomacy section, including Education USA advisors and locally engaged staff, as they are valuable resources in evaluating local education systems.  PD personnel advise prospective students and evaluate their educational backgrounds and have experience with and knowledge of local schools.  To determine the authenticity of any particular document, you will need to work with your Fraud Prevention staff to develop expertise in making that determination.  Interviewing officers may wish to consult with other posts when in doubt about the authenticity of educational certificates from countries outside their consular district.
(b)  A DV refusal must be based on evidence that the alien did not in fact obtain the required degree and not on your assessment of the alien's knowledge level.  You may not administer an exam, either oral or written, to test an applicant’s basic knowledge in order to determine whether they have the equivalent of a U.S. high school education.  You may not refuse a DV applicant solely on the basis of your analysis of the applicant's basic knowledge.  Doubts about the applicant’s claimed educational level raised by your interview, however, may lead you to investigate the authenticity of the educational credentials claimed by the DV applicant.
d. Work Experience:
(1)  No Labor Certification:  The labor certification requirement of INA 212(a)(5) does not apply to applicants applying as DV immigrants. Applicants, however, who do not meet the education requirement, must meet the work experience requirement of two years of experience in an occupation which requires at least two years training or experience within the five-year period immediately prior to application, or be able to meet the requirement prior to the end of the fiscal year in which the applicant was selected.  If the applicant does not meet this requirement at the time of the interview, you should refuse the case 5A. If the requirement is met before the end of the fiscal year and visas are still available for the region, you may overcome the refusal and issue the visa.
(2)  Work Experience Evaluation:  If an applicant does not have the equivalent of a high school education, you must evaluate their work experience.  You must use the Department of Labor’s O*Net OnLine database to determine qualifying work experience (see paragraph (3) below.)  All applicants qualifying for a DV on the basis of their work experience must, within the past five years, have two years of experience in an occupation that is classified in a Specific Vocational Preparation (SVP) range of 7.0 or higher.
(3)  Using O*Net Online to Determine Work Experience:
(a)  Instructions for Determining the Applicant's Specific Vocational Preparation (SVP) Rating:
(i)     Log on to the Department of Labor’s O*Net OnLine website;
(ii)    Click on the “Find Occupations” link;
(iii)    On the “Find Occupations” screen, enter occupational title, such as, “mason, “painter,” “hairdresser,” etc., and click on the “Go” button.  A search results page appears with a list of various occupation titles that relate to whatever job title was entered. Click on the link in the “Occupation” column for the title that seems appropriate for the DV applicant's job experience;
(iv)   A brief description for the job title will appear followed by more detailed data covering the following areas: tasks, knowledge, skills, abilities, work activities, work context, job zone, interests, work values, related occupations, and wages and employment.
(b)  What SVP Range Qualifies an Applicant's Job Experience for the DV Program?  The O*Net Online database groups job experience into five "job zones."  Zone 4 includes all occupations for which more than two years experience on the job is required.  An occupation in Job Zone 4 has an SVP range of 7.0 to < 8.0 (7.0 to less than 8.0) and will qualify an applicant for the DV program.  Thus, all applicants qualifying for a DV on the basis of their work experience must, within the past five years, have two years of experience in an occupation that is classified in a SVP range of 7.0 or higher (i.e., an occupation in Job Zone 4).
e. Principal Registrants Under Age 18:  Although there is no minimum age for submission of an entry, the requirement for a high school education or work experience will effectively disqualify most persons under age 18.
9 FAM 502.6-4  DIVERSITY VISA PROCESSING
(CT:VISA-175;   09-13-2016)
a. Diversity Visa Chargeability, Numerical Control:
(1)  DV Numerical Control:  The Department will have centralized control of the DV numerical limitation. (See 9 FAM 503.4.)
(2)  DV Chargeability:  As stated in the regulatory definition, the normal rules of chargeability apply to INA 203(c) immigrants.  Many applicants may seek beneficial treatment from the rules of cross chargeability, as in the following examples:
(a)  A spouse or child born in a country that is not among those for which DVs are available (a non-qualifying country) may use the principal registrant’s chargeability when they are accompanying or following-to-join;
(b)  A child born in a non-qualifying country in which neither parent was born nor resident at the time of the child’s birth, may claim the birthplace of either parent;
(c)  A principal registrant born in a non-qualifying country and the spouse who was born in a qualifying country may be issued DVs, provided the relationship was established prior to submitting the entry.  In such instances, however, both applicants are considered principal applicants for the purpose of cross-chargeability and must be issued visas and apply for admission to the United States simultaneously.
(d)  A principal registrant born in a country that is among those for which DVs are available may derive a more favorable foreign state of chargeability from an accompanying alien spouse.  For example, a principal applicant from a DV eligible country from a high-admission region may claim a more favorable chargeability from a spouse, who is from a DV eligible country from a low-admission region, provided the relationship was established prior to submitting the DV entry.  In such instances, however, both applicants are considered principal applicants for the purpose of cross-chargeability and must be issued visas and apply for admission to the United States simultaneously.
(3)  Errors in Choice of Country of Chargeability:  If the entrant chooses the wrong country of chargeability at the time of the initial entry, the error will generally be disqualifying.  However, if a DV applicant chooses a country of chargeability on the DV entry form that is within the same geographic region (one of the six) as the correct country of chargeability, and you determine that the applicant gained no benefit from his or her error, and there are no fraud concerns, you may continue processing the application using the correct country of chargeability in IVO.  Post may need to obtain additional DV number(s) for the correct country of chargeability from the Immigrant Visa Control and Reporting Division (CA/VO/DO/I), as necessary, via a VISAS FROG message (see 9 FAM 604.2-1).
b. Diversity Visa Entries and Applications:
(1)  Diversity Visa Entries – Overview:
(a)  General Instructions for DV Entries:
(i)     Each year, the Department of State will publish rules for the next fiscal year's DV program in the Federal Register.  Rules for a DV program in any fiscal year stipulate what information must be included on the DV electronic entry form, such as name, photo requirement, etc., as well as other requirements for the program and the DV lottery registration website.  This electronic entry form is considered the petition required by 22 CFR 42.33 and INA 203(c).
(ii)    We will establish a period for the submission of DV entries of at least 30 days each fiscal year in which the lottery will be conducted.  To ensure wide dissemination of the information both abroad and in the United States, we will provide timely notice of the program’s rules and the exact dates of the registration period through publication in the Federal Register and by other methods.
(b)  Number of DV Entries:
(i)     Only one entry by or for each person is allowed during each registration period.  Submission of more than one entry disqualifies the applicant fromselection.  Registrants may be disqualified at any time if more than one entry is discovered.  Registrants may prepare and submit their own entries, or have someone submit the entry for them.
(ii)    Spouses, if both are qualified, may each submit one entry.  If either is selected, the other is entitled to derivative status.
(c)  Meeting DV Submission Requirements:  Only those entries which meet the eligibility requirements specified in 22 CFR 42.33(a)(1) and the petition requirements specified in 22 CFR 42.33(b)(1-2), and which are received during the time period specified by the Department for each fiscal year, will be considered for selection for immigrant visa processing under INA 203(c).  Entries lacking the required information or photos will be rejected by the registration website or disqualified at a later date during processing by KCC or at post.
(2)  Submitting DV Entries: 
(a)  Place of Registration:  To be accepted for DV selection, entries must be submitted electronically during the specified registration period at the Department’s designated website.
(b)  Photos:  Photo specifications are detailed in the annual DV Bulletin and also posted at the Department’s “travel.state.gov‟ website.  The Department will disqualify entries lacking the required photos or including invalid photos.  You must review the entry photo at the time of adjudication.  If you determine that the photo on the entry is not that of the applicant, you may pursue a refusal under INA 212(a)(6)(C).  The entry photograph may be viewed through the CCD under the “Immigrant & Diversity” section, “DVIS Applicant” report or on the eDV button on the IVO system.
(c)  Derivatives:
(i)     Except as specified in paragraph ii below, entries must include the name, photograph, date and place of birth of the applicant’s spouse and all natural children, as well as all legally-adopted and stepchildren, who are unmarried and under the age of 21 as of the date of the initial entry.  All derivatives must be included even if the registrant is no longer legally married to the child’s parent, and even if the spouse or child does not currently reside with the registrant and/or will not immigrate with such applicant.  Married children and children 21 years or older cannot qualify for the diversity visa on the basis of a parent's application.  Entries lacking all of the required information may be disqualified at any time prior to selection, after selection, or during the visa application process.  Visa applications lacking all required information will be refused.
(ii)    By regulation, registrants are not required to include spouses and children who are already U.S. citizens or Lawful Permanent Residents (LPRs) on the entry.  A failure to include on the entry spouses and children who are in fact U.S. citizens or LPRs cannot be used as grounds for denial.
(iii)    You must deny the applications of applicants who failed to list on their initial entries a spouse or all children who were required to be listed.  This does not include a spouse or child who was acquired subsequent to submission of qualifying DV entry.  The spouse of a principal alien, if acquired after the initial entry and prior to the principal alien’s admission, or the child of a principal alien, if the child was born after entry or is the issue of a marriage which took place after entry and prior to the principal alien’s admission to the United States, although not named on an application, is entitled to derivative DV status.
(iv)   If post believes a case merits issuance despite apparent failure to comply with this instruction, post can submit the case for an advisory opinion to the Advisory Opinions Division (CA/VO/L/A).
(3)  Diversity Visa Application Validity:
 (a) Under INA 204(a)(1)(I)(ii)(II), persons selected as DV immigrants are entitled to apply for visa issuance only during the fiscal year for which the entrywas submitted.  The application is valid until midnight of the last day of the fiscal year for which the petition was submitted.  There is no carry-over of benefit into another year for persons who do not receive a visa during the fiscal year for which they registered.  Following-to-join derivative visas must be issued during the same fiscal year as that of the principal beneficiary.
(b)  Death of Principal Registrant:  The death of the principal registrant must result in the automatic revocation of the application.  Thereafter, derivative beneficiaries are no longer entitled to the DV classification.
c.  KCC and DV Ranking:
(1)  KCC Role:
(a)  Selected DV entries are processed at KCC.  KCC processes approximately 125,000 registrants (both principals and dependents) each year.  KCC will notify posts of the number of registrants from their DV-processing area who were selected, broken down by country of residence.  The Department will maintain a computer-generated master list of selected registrants. The list is not publicly released. 
(b)  KCC will hold the case until those selected are entitled to make a formal application for visa issuance at a U.S. consular office abroad, or an adjustment of status with DHS in the United States.
(2)  DV Selection and Ranking:
(a)  Entries received during the designated registration period for the DV program will be separated into one of six geographic regions.  At the end of the registration period, a computer will randomly select numbers.  All entries successfully received during the registration period will have an equal chance of selection within the respective region.
(b)  The selected entries for each region will have a rank order number consisting of two letters followed by eight digits, i.e., AF00000925.  Within each region, the first entry randomly selected will have a rank order number 00000001, the second entry selected will be 00000002, etc.  The letter codes are:
AF
Africa

AS
Asia

OC
Oceania

EU
Europe

NA
North America

SA
South America, Central America and the Caribbean

(c)  Each month visa numbers will be allocated to applicants who are within the applicable rank cut-off for that month and have been reported documentarily qualified.  Applicants are considered documentarily qualified when KCC confirms that the applicant has properly completed and submitted the DS-260.
d. Processing Diversity Visa Cases:
(1)  Instruction Package for Immigrant Visa Applicants: 
(a)  If a case is selected for additional processing, the entrant will be notified electronically via Entrant Status Check, and instructed to complete Form DS-260, Online Application for Immigrant Visa and Alien Registration.
(b)  Each visa applicant must follow the electronic instructions and electronically submit Form DS-260 to KCC.  As soon as KCC has reviewed the DS-260 and made any required updates to the electronic DVIS record, the applicant will be considered documentarily qualified.  In order to avoid potential delay in the scheduling of DV applicants, KCC does not collect any additional information or forms.  KCC may ask applicants to update Form DS-260 if information is missing but will not delay scheduling if waiting for a response.
(2)  Immigrant Visa Appointment Package:  KCC will schedule an appointment for a documentarily qualified applicant when his or her regional lottery rank number is about to become current.  KCC will notify scheduled applicants by e-mail that they should log into the Entrant Status Check website to obtain their appointment letters and further instructions.  When scheduled applicants log into the ESC, they will be referred to the pre-interview instructions on the Diversity Visa Process website.  On that website, applicants will be able to review post-specific instructions, and any additional required forms.
(3)  Creation of Immigrant Visa File:  KCC will review each DS-260 submission as they are received, and will update the electronic record in DVIS as required.  In cases where a potentially disqualifying factor has been identified at KCC during case creation, a remark will be entered at the top of the DS-260 for the interviewing consular officer's information.  KCC has no adjudicatory role, and so cannot determine an applicant's eligibility or qualification for the visa.  Remarks are intended as additional information for officers to review as part of the adjudication process.
e. Diversity Visa Fee:  There is no fee for submitting the initial entry for the DV program.  However, those registrants who are selected and apply for DV immigrant visas will be required to pay a DV Lottery Fee  at the time of the formal interview.
(1)  Collection of Fee:  Section 636 of Public Law 104-208, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, authorized the Department to collect a fee for the processing of DV immigrant visas.  The DV Lottery Fee incorporates the standard IV processing fees, including the IV Application Fee and the IV Security Surcharge, and is specified in the Schedule of Fees for Consular Services. Posts must collect the DV Lottery Fee at the time of the applicant’s formal interview.
(2)  Processing Cases to Conclusion:  We can appreciate posts' efforts to prescreen applications allowing unqualified applicants to withdraw their applications to avoid paying the required fees.  Nevertheless, like all other visa applications, it is important to process such cases to conclusion and not to simply allow the candidate to withdraw the application.  Instances have arisen where DV winners who were advised not to make an application at a post abroad have then entered the United States and requested adjustment of status processing at DHS.
f.  Diversity Visa Ineligibility Grounds:
(1)  Applicants who establish that they qualify for DV immigrant visa classification are subject to all grounds of ineligibility specified in the Immigration and Nationality Act other than the labor certification requirements.  There are no special provisions for a waiver of any ground of visa ineligibility other than those ordinarily provided in the INA.
(2)  Refusals for Unqualified Applicants:  Any applicant for a DV visa who fails to establish that they possess the requisite qualifications, including a valid entry for participation in the DV program, is ineligible under INA 212(a)(5)(A)(i).  It is not appropriate to refuse a DV applicant under INA 212(a)(5)(A)(i) when a fraud investigation is needed before determining whether an applicant is qualified for a DV (e.g., if you suspect that the DV applicant does not possess the requisite education or work experience or if you suspect that the DV derivative applicant does not possess the requisite relationship to the DV principal applicant).  In those cases, you must refuse the application under INA 221(g) pending the outcome of a fraud investigation.
(3)  INA 221(g) Refusals:
(a)  Interviewing officers should verbally stress the importance of submitting the requested information, preferably within the same month.  When applicable, officers should advise applicants that failure to return promptly may mean that visa numbers will no longer be available and the applicant may miss the opportunity to obtain a visa.
(b)  Posts must prepare a stamp to be placed on refusal letters to DV applicants refused under 221(g), with the following message:
Attention:  Under no circumstances can a visa be issued or an adjustment of status occur in your case after September 30, ____. 
Very important:  Because of the limited number of visas that may be issued under this program, visas may cease to be available even before this date.  This is especially true the closer to September 30 an application or re-application is made.
(c)  Cases that are in INA 221(g) refusal status at the end of the fiscal year may be left in that status. You do not need to enter an additional refusal (such as INA 212(a)(5)(A)(i)) to close the case.
(4)  Public Charge:  While many categories of immigrants must submit the legally binding Form I-864, Affidavit of Support Under Section 213A of the Act, the DV category is not one of them.  You can consult 9 FAM 302.8-2(B)(12)-(14) for standards of processing public charge issues in immigrant visa cases that do not involve the I-864, Affidavit of Support Under Section 213A of the Act.
(5)  Waivers:  Unlike applicants eligible for immigrant visas under other programs involving random selection, there are no special provisions for a waiver of any ineligibility grounds for DV applicants. The regular ineligibility waiver provisions of the INA, including INA 212(e), still apply.
g. Following-to-Join Applicants:  DV applicants are informed in the electronic notification of how to adjust status to lawful permanent residence in the United States.  A principal applicant who has adjusted status may file Form I-824, Application for Action on an Approved Application or Petition with USCIS requesting DHS send the Form I-824, upon its adjudication, to consular posts as verification of his or her LPR status.  Upon receipt of this information, posts must send any derivative family members instructions for accessing the Form DS-260, Online Application for Immigrant Visa and Alien Registration, and the Packets for Immigrant Visa Processing (see 9 FAM 504.4-2(A)(2)) for completion.  Post must notify the KCC of the adjustment of the principal applicant so that the electronic case can be modified and transmitted to post to allow visa issuance to the derivative family members.  Proof of the principal applicant’s adjustment of status must be provided to the KCC.  Posts can then process these cases to conclusion, obtaining additional DV numbers from the Immigrant Visa Control and Reporting Division (CA/VO/DO/I,) as necessary, via VISAS FROG messages (see 9 FAM 601.7-6).  Spouses and children who derive status from a DV application can only obtain visas in the DV category during the same Fiscal Year in which the principal applicant was admitted or adjusted status.  Applicants cannot follow-to-join after the end of the Fiscal Year.
h. Transfer of DV Cases:
(1)  Posts are to follow normal IV case transfer procedures when a DV applicant asks that his or her case be transferred to a different post for processing. (See 9 FAM 504.4-9.)
(2)  DV cases should not be returned to KCC for forwarding to another post as this delay may disadvantage the applicant, resulting in loss of opportunity for the visa interview and visa issuance if there is retrogression in the rank-order number.
​

USCIS or DHS website where you can find USCIS contact number, webforms and download all applications and forms for free is here.

USCIS Case Status: you can check status of your pending case online here.

Visa Case Status: you can check status of your immigrant visa IV or non-immigrant visa NIV case here.
​
USCIS Processing Times: you can see how fast cases are being adjudicated or decided by different USCIS / DHS offices around the United States here.

USCIS Change of Address Form Online: you can submit your change of address form online here.

USCIS Case Inquiry Webforms: you can submit your questions or case inquiry directly to USCIS by using one of the webforms here.

USCIS submit electronically I-90, N-400 or I-131A, or pay a Green Card fee online.

How to find USCIS field offices, ASC Application Support Centers, Asylum officers - use USCIS Officer Locator here.

How to Find a Medical Doctor for a USCIS I-693 Medical Examination - use USCIS Designated Doctor Locator. 

How to verify if a particular USCIS office is open or closed due to bad weather or other circumstances - use USCIS Office Closings Daily Bulletin. 

How to obtain an official record of admission from CBP, Form I-94. You will need to provide your passport number and a country, first and last names, date of birth. The official I-94 will include an admission number (that you need for several immigration applications and forms), date and class of admission, and expiration date, name and a passport information.

Asylum Office Scheduling Bulletin is posted by Asylum Office here.

US Department of State Monthly Visa Bulletin: you can find monthly visa bulletin and check how fast your priority date is progressing here.

You can find out current Visa Fees for various visas to USA here. 

Complete a nonimmigrant visa application online: DS-160.

Complete an immigrant visa application online: DS-260.

You can pay your Green Card fee online here. You can find step-by-step instructions here.

Now, you can electronically submit several applications: USCIS Forms I-90, N-400, I-131A.

Know Your Rights: What to do during the ICE or immigration raid at work, at home, in a public place; what questions you must answer and when you shall remain silent. (In English, Spanish, Russian, Chinese, Vietnamese, Tagalog, Korean and Arabic).

To schedule a consultation with an experienced immigration attorney who speaks English and Russian, please email us to schedule a telephone or Skype appointment with attorney Luba Smal.

​

On September 09 2015, USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status.

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better connect USCIS procedures with the US Department of State (DOS) procedures, which are used for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015. 

What is Changing.

Starting October 1, 2015, you will be able to submit your application for adjustment of status or for an immigrant visa before your priority date is current. 

Two charts per visa preference category will be posted in the DOS Visa Bulletin:

• Current priority dates for particular visa categories; and
• The earliest dates for filing application for adjustment of status (earliest dates when applicants may be able to apply).

See October 2015 Visa Bulletin here. However, the priority dates in the Visa Bulletin can retrogress in November. Consult an attorney about your specific case so you won't miss the opportunity of applying earlier.

When filing an application for adjustment of status, I-485, an applicant can concurrently file an application for a work permit and advance parole. This is great news for many immigrants waiting for many years for their priority dates to become current. However, it's a good idea to consult an immigration attorney before applying.

Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. Applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status.

To determine whether additional visas are available, USCIS will compare the number of visas available for the remainder of the fiscal year with:

• Documentarily qualified visa applicants reported by DOS;
• Pending adjustment of status applications reported by USCIS; and
• Historical drop off rate (for example, denials, withdrawals, abandonments).

About the Visa Bulletin.

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date.

• The priority date is generally the date when the applicant’s relative or employer properly filed the immigrant visa petition on the applicant’s behalf with USCIS. If a labor certification is required to be filed with the applicant’s immigrant visa petition, then the priority date is when the labor certification application was accepted for processing by Department of Labor.
• Availability of an immigrant visa means eligible applicants are able to take one of the final steps in the process of becoming U.S. permanent residents. 

Read more here.  

On August 17 2015, USCIS published L-1B adjudications policy memorandum. New memo provides guidance on the adjudication of the L-1B classification, which permits multinational companies to transfer employees who possess "specialized knowledge" from their foreign operations to their operations in the United States. 

New memo provides consolidated guidance on the L-1B program, superseding and rescinding all prior L-1B memoranda. This memo applies only to L-1B visas/employees with specialized knowledge (not L-1A visas).

"Preponderance of the Evidence" Standard of Proof: a petitioner seeking approval of the L-1B visa, must establish that they meets each eligibility requirement of the L-1B classification by preponderance of evidence. This standard of proof is lower than that of "clear and convincing evidence" or "beyond a reasonable doubt" standards. 

Elements of the L-1B Classification:

In order to establish eligibility for approval, the L-1B petitioner must show: 
(1) that the beneficiary possesses “specialized knowledge”; 
(2) that the position offered involves the “specialized knowledge” held by the beneficiary; and 
(3) that the beneficiary has at least one continuous year of employment abroad in a managerial, executive, or specialized knowledge capacity with the petitioning employer and/or any qualifying organization (collectively referred to as the “petitioning organization”) within the preceding 3 years. 

If the beneficiary will be located primarily at the workplace of an unaffiliated company, the petitioner also must establish that the beneficiary is eligible for L-1B classification under the requirements of the L-1 Visa Reform Act, discussed below in section VI.

The new memo provides definition of "specialized knowledge".

A petitioner can demonstrate “specialized knowledge” by establishing either one of two statutory criteria. Under the statute, a beneficiary is deemed to have specialized knowledge if he or she has: 
(1) a “special” knowledge of the company product and its application in international markets; or 
(2) an “advanced” level of knowledge of the processes and procedures of the company. 
INA 214(c)(2)(B). 

The corresponding regulation similarly defines specialized knowledge in terms of “special” or “advanced” knowledge:
[S]pecial knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.
8 CFR 214.2(l)(1)(ii)(D).

Other important things to keep in mind:
>>Specialized knowledge generally cannot be commonly held, lacking in complexity, or easily imparted to other individuals. 
>>Specialized knowledge need not be proprietary or unique to the petitioning organization. 
>>The L-1B classification does not involve a test of the U.S. labor market.
>>Specialized knowledge workers need not occupy managerial or similar positions or command higher compensation than their peers.

The memo notes the following "non-exhaustive" list of factors USCIS may consider when determining whether a beneficiary’s knowledge is specialized:

• The beneficiary possesses knowledge of foreign operating conditions that is of significant value to the petitioning organization's U.S. operations.
• The beneficiary has been employed abroad in a capacity involving assignments that have significantly enhanced the employer's productivity, competitiveness, image, or financial position.
• The beneficiary's claimed specialized knowledge normally can be gained only through prior experience with the petitioning organization.
• The beneficiary possesses knowledge of a product or process that cannot be easily transferred or taught to another individual without significant economic cost or inconvenience (because, for example, such knowledge may require substantial training, work experience, or education).
• The beneficiary has knowledge of a process or a product that either is sophisticated or complex, or of a highly technical nature, although not necessarily unique to the petitioning organization.
• The beneficiary possesses knowledge that is particularly beneficial to the petitioning organization's competitiveness in the marketplace.

Other evidence that a petitioner may submit to demonstrate that an individual’s knowledge is special or advanced, includes, but is not limited to:
• Documentation of training, work experience, or education establishing the number of years the individual has been using or developing the claimed specialized knowledge as an employee of the petitioning organization or in the industry;
• Evidence of the impact, if any, the transfer of the individual would have on the petitioning organization’s U.S. operations;
• Evidence that the alien is qualified to contribute significantly to the U.S. operation’s knowledge of foreign operating conditions as a result of knowledge not generally found in the petitioning organization’s U.S. operations;
• Contracts, statements of work, or other documentation that shows that the beneficiary possesses knowledge that is particularly beneficial to the petitioning organization’s competitiveness in the marketplace;
• Evidence, such as correspondence or reports, establishing that the beneficiary has been employed abroad in a capacity involving assignments that have significantly enhanced the petitioning organization’s productivity, competitiveness, image, or financial position;
• Personnel or in-house training records that establish that the beneficiary’s claimed specialized knowledge normally can be gained only through prior experience or training with the petitioning organization;
• Curricula and training manuals for internal training courses, financial documents, or other evidence that may demonstrate that the beneficiary possesses knowledge of a product or process that cannot be transferred or taught to another individual without significant economic cost or inconvenience;
*Evidence of patents, trademarks, licenses, or contracts awarded to the petitioning organization based on the beneficiary’s work, or similar evidence that the beneficiary has knowledge of a process or a product that either is sophisticated or complex, or of a highly technical nature, although not necessarily proprietary or unique to the petitioning organization; and
• Payroll documents, federal or state wage statements, documentation of other forms of compensation, resumes, organizational charts, or similar evidence documenting the positions held and the compensation provided to the beneficiary and parallel employees in the petitioning organization.

A petitioner may submit any other evidence it chooses. In all cases, USCIS will review the entire record to determine whether the petitioner has established by a preponderance of the evidence that the beneficiary has specialized knowledge under the totality of the circumstances. Merely stating that a beneficiary’s knowledge is somehow different from others or greatly developed does not, in and of itself, establish that he or she possesses specialized knowledge. Ultimately, it is the weight and type of evidence that establishes whether the beneficiary possesses specialized knowledge.

USCIS can issue a RFE (Request for Evidence) for various reasons to I-129 Petitioner. Denial rate is high, RFE rate is even higher for L-1B petition. The new memo is intended to help to solve many difficulties with obtaining a L-1B visa for qualifying applicants.

See August 17, 2015 memo at http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/L-1B_Memorandum_8_14_15_draft_for_FINAL_4pmAPPROVED.pdf

On November 20, 2014, the President announced a series of executive actions. However, not all of these initiatives have been implemented, and USCIS is not accepting any DAPA or expanded DACA applications at this time. 

Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam. 

If you need legal advice on immigration matters, make sure that the person you rely on is an attorney who is authorized to give you legal advice. Only an attorney or an accredited representative working for a Board of Immigration Appeals-recognized organization can give you legal advice. An immigration attorney can be licensed in any state because immigration law is federal law. It's important to consult an experienced and knowledgeable attorney before submitting any immigration applications.

The Internet, newspapers, radio, community bulletin boards and local businesses storefronts are filled with advertisements offering immigration help. Not all of this information is from attorneys and accredited representatives. There is a lot of information that comes from organizations and individuals who are not authorized to give you legal advice, such as “notarios” and other unauthorized representatives. The wrong help can hurt. Here is some important information that can help you avoid common immigration scams.

Here are some examples of common immigration scams:

**Telephone Scams**.

Do not fall victim to telephone scammers posing as USCIS personnel or other government officials. In most instances, scammers will:

• request personal information (Social Security number, Passport number, or A-number);
• identify false problems with your immigration record; and
• ask for payment to correct the records.

If a scammer calls you, say “No, thank you” and hang up. These phone calls are being made by immigration scammers attempting to take your money and your credit card information. USCIS will not call you to ask for any form of payment over the phone. Don’t give payment over the phone to anyone who claims to be a USCIS official.

If you have been a victim of this telephone scam, please report it to the Federal Trade Commission (FTC). Learn more about telephone scams and telephone scammers’ techniques by visiting Federal Trade Commission-Telemarketing-Scams. 

**"Notario Publico"**.

In many Latin American countries, the term “notario publico” (for “notary public”) stands for something very different than what it means in the United States. In many Spanish-speaking nations, “notarios” are powerful attorneys with special legal credentials. In the U.S., however, notary publics are people appointed by state governments to witness the signing of important documents and administer oaths. "Notarios publico,” are not authorized to provide you with any legal services related to immigration.

Please see the National Notary Association website "What is a Notary Public" for more information.

**Local Businesses who are not law firms and not attorneys or lawyers**.

Some businesses in your community “guarantee” they can get you benefits such as a:

• Visa
• Green Card
• Employment Authorization Document

These businesses sometimes charge you a higher fee to file the application than even a licensed attorney (but will tell you that attorneys charge more "for the same work"). They claim they can do this faster than if you applied directly with USCIS. These claims are false. 

**Dot-com websites - operated by non-attorneys or people not authorized to give legal advice**.

Some websites offering step-by-step guidance on completing a USCIS application or petition will claim to be affiliated with USCIS. Many of these websites are scammers or fraudsters, often taking money for blank forms or minimal assistance without attorney supervision.

USCIS has its own official website: www.uscis.gov with:

• Free downloadable forms
• Form Instructions
• Information on filing fees and processing times

Do not pay for blank USCIS forms either in person or over the Internet. You can download forms for free at www.uscis.gov.

Do not pay to a non-attorney (not a lawyer) for help with immigration paperwork, applications, affidavit. Oftentimes, they give you wrong advice and can potentially damage your chances of ever becoming a permanent resident (getting a green card).

**Green Card Lottery or DV Lottery scams**.

Once a year in fall, the Department of State (DOS) makes 50,000 diversity visas (DVs) available via random selection to persons meeting strict eligibility requirements and who come from countries with low rates of immigration to the United States. During this time or often around the year, it is common for immigration scammers to advertise in emails or websites that reference either the:

• DV lottery
• Visa lottery
• Green Card lottery

These emails and websites often claim that they can make it easier to enter the annual Diversity Immigrant Visa Program. Some scammers even identify you as a DV lottery “winner” and ask for significant amount of money "helping get a visa". These emails and websites are fraudulent. 

The only way to apply for the DV lottery is through an official government application process (Department of State website, and only when it's open, during an application period which is usually in October-November only). DOS does not send emails to applicants. 

On or after May 1st, you can visit the Department of State website to verify if you are actually a winner in the DV lottery. 

If need help, consult a licensed attorney (not one of the "green card lottery" websites).

**INS doesn't exist. It's been replaced by DHS and USCIS**.

To this day, some local businesses, websites, "notarios"  and individuals make reference to the Immigration and Naturalization Service (INS). This agency no longer exists! 

If someone refers to USCIS as "INS", it's a sign that they are not an attorney, but rather someone unqualified with little knowledge in immigration matters.

INS was dismantled on March 1, 2003, and most of its functions were transferred from the Department of Justice to three new components within the newly formed Department of Homeland Security. U.S. Citizenship and Immigration Services (USCIS) is the component that grants immigration benefits. The other two components are U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection.

All official correspondence regarding your immigration case will come from USCIS. USCIS will communicate with you and your attorney by mail, by mailing you notices, approved work permit and green card through USPS (postal service).

If you need a legal assistance, we will be glad to help. Our contact information is here.

Read here. 

Applicants from all over the world who registered for the DV-2016 program were selected at random from 11,391,134 qualified entries (17,573,350 with derivatives) received during the application period that ran from noon, Eastern Daylight Time on Wednesday, October 1, 2014 until noon, Eastern Daylight Time on Monday, November 3, 2014. 

The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country. 

The Kentucky Consular Center registered and notified the winners of the DV-2016 diversity lottery. Approximately 91,563 applicants have been registered and notified and may now make an application for an immigrant visa (so called"selectees" or "winners"). Some of the first *50,000 persons registered will not pursue their cases to visa issuance, this larger number (91,563 selectees) should insure that all DV-2016 numbers will be used during fiscal year 2016 (October 1, 2015 until September 30, 2016).

During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete the information requested. 

Registrants living legally in the United States who wish to apply for adjustment of status instead of consular processing of their visas, must apply through USCIS Department of Homeland Security (** Please note that you have to be eligible for adjustment of status. Therefore, if you were selected as a winner in the Green Card lottery and you live in the United States, it's advisable to consult an experienced attorney before applying for your green card). 

Once the total *50,000 visa numbers have been used, the program for fiscal year 2016 will end. Selected applicants (aka "selectees" or "winners") who do not receive visas by September 30, 2016 will derive no further benefit from their DV-2016 registration. Similarly, spouses and children accompanying or following to join DV-2016 principal applicants are only entitled to derivative diversity visa status until September 30, 2016.

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV-2015 annual limit to 50,000. DV visas are divided among six geographic regions.  No one country can receive more than seven percent of the available diversity visas in any one year.

P.S. Our office would be happy to assist you with your DV visa application or adjustment of status should you be selected as a winner. Please email us to schedule a phone or Skype consultation. Please remember that a visa must be issued prior to September 30th of the current fiscal year (09-30-2016 for DV-2016 winners). No visas will be issued after this date. If selected as a winner you should act fast and submit your applications and required documents in a timely matter. Assistance of a qualified and experienced immigration attorney would be of great help to many. 

The following is the statistical breakdown by foreign-state chargeability of those registered for the DV-2016 program: 

AFRICA

ALGERIA  1,952

ETHIOPIA  4,000

NIGER  102

ANGOLA  108

GABON  32

RWANDA  412

BENIN  914

GAMBIA, THE  67

SAO TOME AND PRINCIPE  2

BOTSWANA  4

GHANA  3,179

SENEGAL  427

BURKINA FASO  199

GUINEA  1,818

SEYCHELLES  0

BURUNDI  208

GUINEA-BISSAU  4

SIERRA LEONE  2,141

CABO VERDE  6

KENYA  2,729

SOMALIA  272

CAMEROON  3,047

LESOTHO  5

SOUTH AFRICA  535

CENTRAL AFRICAN REP.  23

LIBERIA  4,430

SOUTH SUDAN  17

CHAD  40

LIBYA  240

SUDAN  3,216

COMOROS  3

MADAGASCAR  75

SWAZILAND  7

CONGO  124

MALAWI  17

TANZANIA  93

CONGO, DEMOCRATIC REPUBLIC OF THE  4,475

MALI  114

TOGO  1,241

COTE D’IVOIRE  1,129

MAURITANIA  15

TUNISIA  227

DJIBOUTI  92

MAURITIUS  41

UGANDA  453

EGYPT  4,024

MOROCCO  1,993

ZAMBIA  57

EQUATORIAL GUINEA  0

MOZAMBIQUE  11

ZIMBABWE  152

ERITREA  544

NAMIBIA  18

ASIA

AFGHANISTAN  406

JAPAN  302

QATAR  42

BAHRAIN  13

JORDAN  349

SAUDI ARABIA  267

BHUTAN  22

NORTH KOREA  0

SINGAPORE  39

BRUNEI  1 

KUWAIT  143

SRI LANKA  704

BURMA  236

LAOS  1

SYRIA  460

CAMBODIA  1,229

LEBANON  225

TAIWAN  297

HONG KONG SPECIAL
ADMIN. REGION  151

MALAYSIA  95

THAILAND  73

INDONESIA  126

MALDIVES  3

TIMOR-LESTE  0

IRAN  4,501

MONGOLIA  185

UNITED ARAB EMIRATES  103

IRAQ  330

NEPAL  3,801

YEMEN  724

ISRAEL  162

OMAN  12

EUROPE

ALBANIA  1,931

GREECE  93

NORWAY  35

ANDORRA  0

HUNGARY  186

POLAND  629

ARMENIA  1,277

ICELAND  3

PORTUGAL  58

AUSTRIA  50

IRELAND  89

  Macau  23

AZERBAIJAN  380

ITALY  410

ROMANIA  626 

BELARUS  811

KAZAKHSTAN  376

RUSSIA  2,200

BELGIUM  47

KOSOVO  244

SAN MARINO  0

BOSNIA & HERZEGOVINA  92

KYRGYZSTAN  209

SERBIA  283

BULGARIA  865

LATVIA  73

SLOVAKIA  70

CROATIA  67

LIECHTENSTEIN  0

SLOVENIA  33

CYPRUS  28

LITHUANIA  153

SPAIN  193

CZECH REPUBLIC  74

LUXEMBOURG  0

SWEDEN  108

DENMARK  35

MACEDONIA  258

SWITZERLAND  122

ESTONIA  40

MALTA  0

TAJIKISTAN  337

FINLAND  57

MOLDOVA  1,854

TURKEY  1,795

FRANCE  510

MONACO  0

TURKMENISTAN  124

  French Polynesia  1

MONTENEGRO  8

UKRAINE  4,507

  Saint Martin  1

NETHERLANDS  81

UZBEKISTAN  4,300

  Wallis and Futuna  1

  Aruba  4

VATICAN CITY  0

GEORGIA  571

  Curacao  2

GERMANY  678

NORTHERN IRELAND  9

NORTH AMERICA

BAHAMAS, THE  16

OCEANIA

AUSTRALIA  832

NAURU  12

SAMOA  5

  Cocos Islands  1

NEW ZEALAND  208

SOLOMON ISLANDS  0

FIJI  393

  Cook Islands  4

TONGA  26

KIRIBATI  4

PALAU  4

TUVALU  0

MARSHALL ISLANDS  0

PAPUA NEW GUINEA  3

VANUATU  5

MICRONESIA, FEDERATED STATES OF  3

SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN

ANTIGUA AND BARBUDA  0

DOMINICA  6

SAINT KITTS AND NEVIS  2

ARGENTINA  68

GRENADA  7

SAINT LUCIA  5

BARBADOS  0

GUATEMALA  31

SAINT VINCENT AND THE GRENADINES  7

BELIZE  0

GUYANA  14

SURINAME  3

BOLIVIA  49

HONDURAS  73

TRINIDAD AND TOBAGO  51

CHILE  17

NICARAGUA  58

URUGUAY  21

COSTA RICA  50

PANAMA  5

VENEZUELA  1,038

CUBA  1,488

PARAGUAY  7

P.S. Natives of the following countries were not eligible to participate in DV-2016: Bangladesh, Brazil, Canada, China (mainland-born, excluding Hong Kong S.A.R., Macau S.A.R., and Taiwan), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, the Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. 

Our office would be happy to assist you with your DV visa application or adjustment of status should you be selected as a winner. Please email us to schedule a phone or Skype consultation. Please remember that a visa must be issued prior to September 30th of the current fiscal year (09-30-2016 for DV-2016 winners). No visas will be issued after this date. If selected as a winner you should act fast and submit your applications and required documents in a timely matter. Assistance of a qualified and experienced immigration attorney would be of great help to many. 

Big news for Cuba: on May 29, 2015, U.S. Department of State rescinded Cuba's designation as a state sponsor of terrorism. 

Cuba’s removal from the list of countries – now confined only to Iran, Sudan and Syria – is an important step in Obama's administration effort to move past the Cold War era hostility. 

In December 2014, the President instructed the Secretary of State to immediately launch a review of Cuba’s designation as a State Sponsor of Terrorism, and provide a report to him within six months regarding Cuba’s support for international terrorism. On April 8, 2015, the Secretary of State completed that review and recommended to the President that Cuba no longer be designated as a State Sponsor of Terrorism.

Accordingly, on April 14, 2015, the President submitted to Congress the statutorily required report indicating the Administration’s intent to rescind Cuba’s State Sponsor of Terrorism designation, including the certification that Cuba has not provided any support for international terrorism during the previous six-months; and that Cuba has provided assurances that it will not support acts of international terrorism in the future. 

The 45-day Congressional pre-notification period has expired, and the Secretary of State has made the final decision to rescind Cuba’s designation as a State Sponsor of Terrorism, effective today, May 29, 2015.

The rescission of Cuba’s designation as a State Sponsor of Terrorism reflects our assessment that Cuba meets the statutory criteria for rescission. While the United States has significant concerns and disagreements with a wide range of Cuba’s policies and actions, these fall outside the criteria relevant to the rescission of a State Sponsor of Terrorism designation.


Read at: http://m.state.gov/md242986.htm