National Visa Center / AILA DOS Liaison Committee Meeting on November 3, 2016 in Portsmouth, NH

​SUBMITTED QUESTIONS & ANSWERS can be viewed here or posted below.

1. Policy Clearances.

Some countries will only send police clearances directly to the Embassy/ Consulate (e.g. Hong Kong). How NVC is notified that when Embassy/ Consulate has received the required police clearances so that an appointment can be scheduled? How are attorneys/applicants notified? RESPONSE: 9 FAM 504.4-4(A) outlines the basic document requirements for the immigrant visa process. The Visa Reciprocity Schedule provides further clarification as to availability of documents in a particular country. NVC uses the Reciprocity Schedule during the collection process to determine whether or not an applicant needs to submit the police certificate to NVC for review. If the Reciprocity Schedule indicates the local police authority sends the document directly to the Consular Section, NVC will not request a copy of the document from the applicant and will set an appointment when the case is otherwise documentarily complete. The attorney/applicant should ensure the police certificate is sent to the Consular Section prior to the interview. The Consular Officer overseas will determine the acceptability of the document at the time of adjudication. Please check travel.state.gov, post supplements and post websites for additional guidance.

2. Document Checklists.

Attorneys report that they continue to receive checklists from NVC asking for documents that have already been submitted. Should attorneys resend the same documents to NVC? Or should they send an email to [email protected] to request clarification? RESPONSE: When NVC sends a checklist letter for a document already submitted, please respond to NVC’s concerns by providing a written explanation to the [email protected] mailbox. NVC will re-review the case file in an attempt to locate the document and update the case record accordingly. If attorneys or applicants receive a checklist letter after an appointment has been made and the case has gone to post, applicants should make sure to bring copies of the items requested in the latest or final checklist letter.

3. Civil Documents.

Please confirm NVC’s requirements regarding translation of civil documents. For example, are translations required where the document is to be sent to a post where consular officers speak the language in which the documents are written? Where can applicants find information as to which documents require translations? RESPONSE: All documents not written in English or the official language of the country in which you are applying for a visa must be accompanied by certified translations. The translation must include a statement signed by the translator stating that the: Page 2  Translation is accurate and  The translator is competent to translate. Some embassies or consulates may have additional requirements. Applicants should always follow the documentary instructions on the embassy or consulate’s interview instructions on travel.state.gov.

4. CSPA.

It appears that NVC generally does not issue fee bills to dependent children who have turned 21, as they are not able to determine whether the child can benefit under CSPA when the priority date is not current. Often, these children will not age out until 1-2 years in the future; however, if the attorney waits until the priority date is current to request the child’s fee bill, valuable time is lost from the time the fee bill is requested to the time it is actually issued and paid. As such, would NVC consider issuing fee bills for such dependent children when the fee bills are issued for the rest of the family? Allowing the child’s immigrant visa (IV) fee to be paid before the CSPA age is determined by the consular officer at the IV interview would enable the dependent child to “seek to acquire” and potentially lock in their CSPA age, prevent delays for the rest of the family’s IV interviews, ensure that the child is able to immigrate with the rest of the family, and prevent NVC from receiving an influx of fee bill requests when priority dates advance. AILA understands that there may be some cases where the fee bill is paid but the child ages out before the priority date becomes current but notes that most in this situation would opt to pay the fee bill to lock in the CSPA age despite this risk. AILA has raised this with NVC in the past but has not received a final answer from the NVC or Visa Office; as such, please confirm whether DOS has made a decision on whether to issue fee bills to such dependents and allow them to potentially lock in their CSPA age when their parent is current under the Filing Date chart. RESPONSE: The Visa Office and NVC are currently examining CSPA guidelines, including the question of whether or not NVC would be able to issue an IV fee bill in these circumstances.

5. Duplicate Notices.

AILA has received reports from members regarding approved I-730 cases where the attorney and applicant are getting identical approval/transfer notices from NVC at least every other, and sometimes twice a day. Is NVC aware of this issue and if so, is there a reason for the duplicate notices? RESPONSE: Yes, the public made us aware of this issue and we were able to quickly address the underlying technical issue. We appreciate AILA’s regular feedback on these types of issues. Individual attorneys experiencing potential computer errors can use the attorney email, [email protected], to provide feedback. For online issues with CEAC or CTRAC, we recommend providing screenshots of any error messages or incongruities. Page 3

6. Transfer Issues – Tajikistan and Kyrgyzstan. AILA members representing nationals of Tajikistan are receiving notices explaining that their cases have been transferred to Bishkek, Kyrgyzstan with new case numbers reflecting the change. However, the Bishkek Embassy’s website indicates that they do not process immigrant visas. Additionally, the Dushanbe Embassy’s website still states that all immigrant visas are processed via Almaty, Kazakhstan. Has there been a change in processing for Tajik cases? Will all Tajik cases be processed through Bishkek or will processing in Almaty continue for some cases? RESPONSE: The U.S. Embassy in Bishkek will begin accepting IV cases from NVC in November 2016. With this launch in mind, NVC is beginning to assign Kyrgyz applicants to process in Bishkek, instead of Almaty. Bishkek’s website is currently under construction to add IV processing information, and interview instructions for Bishkek will soon be available on travel.state.gov. Tajikistani applicants, however, will continue to process in Almaty, Kazakhstan. If you’ve received notification indicating that a Tajikistani’s case was transferred to Bishkek, we’d appreciate receiving case specific information via [email protected] so we can investigate further.

7. Affidavit of Support. An affidavit of support sponsor is permitted to supplement their income with proof of assets to make up any shortfall of income to meet the affidavit of support requirements. Despite providing proof of value, equity, and ownership of assets, NVC seems to regularly deem the affidavit of support inadequate. Does this information need to be provided to NVC, or can it instead be brought to the interview? RESPONSE: NVC will assess affidavits of support based on the income information provided by the petitioner. As a matter of procedure, NVC staff will not consider proof of assets that were submitted to supplement petitioner income. In any situation where the petitioner’s income does not overcome poverty guidelines, NVC will send an assessment letter suggesting that the applicant bring a joint-sponsor document or other proof of income/assets to the IV appointment. It is important to note that this NVC-generated assessment letter will not hold up the qualification of the case for appointment at post. As mentioned in the assessment letter, applicants should bring any completed joint-sponsor documents, as well as proof of petitioner assets to the immigrant visa interview, where the consular officer will make the final determination regarding the affidavit of support and whether the supporting income and asset documents overcome poverty guidelines.

8. Modernized Immigrant Visa (MIV) Process

a. We understand that the Consular Electronic Application Center (CEAC) has been undergoing significant program developments. Please provide an update on the implementation of the Modernized Immigrant Visa (MIV) application process at the initial six pilot posts. RESPONSE: The Bureau of Consular Affairs is planning a spring 2017 release of a new CEAC module for IV applicants on a pilot basis. This module will feature:  Online submission of financial and civil documents;  The ability to add or remove derivative applicants online;  The ability to change derivatives from accompanying to follow-to-join online; Page 4  NVC feedback and status updates provided electronically; and  Online case follow-ups to avoid entering termination status – you no longer need to call or email us once per year, you can simply log into CEAC to prevent your case from entering termination. We will pilot this new module with six embassies and consulates (Montreal, Rio de Janeiro, Buenos Aires, Frankfurt, Sydney, and Hong Kong). b. We also understand that the second phase of the MIV was scheduled to take place in mid- 2016 at six additional posts with lower Internet penetration and where applicants have greater reliance on third-party assistance in order to evaluate the robustness of the CEAC system and its ability to respond to a variety of situations. Please provide an update on the results, to date, of this second phase. RESPONSE: In September 2016, we added eight posts to our electronic processing pilot: Addis Ababa, Baghdad, Guatemala City, Kiev, Monrovia, Phnom Penh, Tegucigalpa, and Tashkent. Applicants processing at these embassies now have the option to e-mail their documents to the [email protected] mailbox rather than mailing hard copies to NVC. We scheduled interviews for the first round of electronic cases at these posts in November. If you have clients from one of these posts, please encourage them to join email processing. Customer tip: Applicants who submit documents via email should not also mail them; that can delay case review. c. What is the current target date for worldwide deployment of MIV processing? RESPONSE: It is too early to give a definitive date for worldwide deployment at this time. We hope to be able to answer this question after our planned pilot in spring 2017.

9. NVC Operations

a. We understand that the NVC is transitioning from a paper warehouse to a customer service center and as part of this process; teams of regional experts have been created to identify and respond to obstacles confronting visa applicants. Please provide an update on the activities of regional teams. Are there any plans to extend this model to the non-immigrant visa application process? RESPONSE: NVC Post Liaisons act as the intermediary between consular sections worldwide and NVC’s regional processing teams. They communicate trends, guidance, interview capacity, and other processing updates between the regional teams and the posts served. Post Liaisons have a thorough understanding of IV processing at posts overseas. They also work with posts to ensure public information is up-to-date and understandable. We are always looking at the service we provide and considering ways to improve customer service. Thank you for the suggestion. b. We understand that NVC added a consular officer to its staff in the fall of 2015 in order to facilitate the relationship between NVC and overseas posts. Has this addition yielded the expected results? RESPONSE: NVC added a consular officer position to its staff in the fall of 2015 to Page 5 serve as the Government Technical Monitor (GTM) of its Case Processing and Document Review units. In addition to providing oversight and IV expertise from the field, the consular officer oversees the new Post Liaison program, described above. c. What is the role of the subject matter expert assigned to the customer service division? RESPONSE: NVC added a consular officer position to its staff in summer 2015 to serve as Government Technical Monitor (GTM) of its Telephone Inquiry and Written Correspondence units. In addition to providing oversight and IV expertise from the field, the consular officer oversees the Special Immigrant Visa (SIV) program and monitors compliance with Personally Identifiable Information (PII) regulations and Freedom of Information Act (FOIA) requests. d. Please confirm the current timeframe for the following: i. How long it takes to receive a file from USCIS after approval of an immigrant petition; RESPONSE: It can take up to six weeks to receive a case from USCIS. ii. How long it takes to enter data in the NVC system once a file is received from USCIS; RESPONSE: As of October 28, 2016, it takes seven business days. iii. How long an applicant should wait after approval of a petition by USCIS before inquiring about the status of the application with the NVC; and RESPONSE: We recommend waiting up to six weeks after receiving notice of petition approval before inquiring with NVC. iv. How long it takes for an applicant or attorney to receive a response from [email protected]; or [email protected]. RESPONSE: As of October 28, 2016, it takes five business days to respond to emails submitted to the [email protected] mailbox and five business days to respond to inquiries sent to the [email protected] mailbox. Please keep in mind that processing timeframes and inquiry response times change weekly based on the quantity of questions and casework received at NVC.

10. Inquiring on Pending Cases

a. At our last meeting, NVC provided the following process for attorneys to inquire about cases pending with NVC. When inquiring about a case, send an e-mail to [email protected]. If you do not receive a response within 15 days, send a second follow-up e-mail to [email protected]. If you still don’t receive a response after 15 days, send a third e-mail to [email protected], with “Attention PI Supervisor” in the subject line. You should receive a response from the PI Supervisor within 5 to 7 business days. Page 6 Are there any changes to this escalation protocol? RESPONSE: Given that we are now responding to attorney e-mails well within one week, we have revised the guidance as follows: When inquiring about a case, send an e-mail to [email protected]. If you do not receive a response within eight days, send a second follow-up e-mail to [email protected]. If you still don’t receive a response after eight days, send a third e-mail to [email protected] with “Attention PI Supervisor” in the subject line. You should receive a response from the PI Supervisor within five to seven business days. b. We understand that NVC receives telephone inquiries regarding processes and procedures relating to the nonimmigrant visa application process. This role is confined to providing general application information, directing applicants to the appropriate consulate web page, identifying the status of an application at a post, and informing applicants of a visa refusal. Are there any plans to expand the role of NVC in the nonimmigrant visa application process? RESPONSE: There are no plans to expand our role at this time.

11. DS-260. Are any planned updates for Form DS-260?

RESPONSE: There are no planned updates for the Form DS-260 at this time.

12. Attorney as Agent.

If an attorney is designated as an agent, is it also necessary to have a Form G-28 on file in order to be able to communicate with NVC on behalf of the visa applicant? RESPONSE: As an attorney, you can either file a Form G-28 or submit a signed statement on your law office letterhead that indicates you are now representing the beneficiary. We accept both of these items as proof that there is an attorney-client relationship, and either can be submitted to [email protected].

13. Revoked I-130s

After Death of USC Spouse Petitioner. AILA has recently received reports of certain I-130 petitions being revoked erroneously after the death of a United States Citizen (USC) petitioner (examples available upon request). Pursuant to 8 CFR 204.2(i)(1)(iv), a visa petition previously approved to classify the beneficiary as an immediate relative spouse of a USC should automatically convert to an approved Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant. Examples are submitted for your review at Appendix A. As a result, I-130 petitions that fall into this category should not be revoked. Although these cases are being revoked by USCIS, they are being sent for revocation to USCIS by the NVC. Is the NVC aware of this issue? If a case is erroneously sent for revocation and an attorney/beneficiary receives notice of such a transfer and/or revocation, what is the process to resolve this error and ensure that the case is properly converted to an I-360 as noted in 9 FAM 502.1-2(C)(c.)(2)? RESPONSE: Thank you for your feedback. You are correct that many IR1/CR1 (and in some circumstances IR2/CR2) cases are eligible for automatic conversion to I-360. Page 7 NVC has an existing procedure in place that converts these petitions upon notification of the death of the petitioner. Thank you for providing examples of cases where AILA believes a petition should have been automatically converted. We note that 8 CFR 204.2 (i)(1)(iv) and 8 CFR 204.2(b)(1) set requirements for automatic conversion. Depending on the facts of the case, if there is a question about whether these requirements were met, the appropriate course of action may be to send a petition to USCIS for review and possible revocation. It is especially difficult for us to determine that a petition was returned to USCIS in error where USCIS in fact revoked the petition. We understand from previous discussions that AILA also intended to raise this issue with USCIS. We look forward to learning USCIS’ response and with this clarity will work to ensure interagency consistency. With respect to the specific examples, we will work with the Visa Office and respond directly to the inquiring attorney. If you encounter similar cases, please send an email with case specifics to [email protected] with “Attention PI Supervisor” in the subject line and we will review the issue for you. 

Please see here or here.

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.  

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. 

Did you apply for the 2016 DV lottery? It's time to find your DV-2016 confirmation number! 

Starting May 5, 2015, y ou can check your DV-2016 Green Card Lottery entry status at dvlottery.state.gov .

Please keep in mind that Entrant Status Check online is the ONLY means by which you will be notified of your selection for further processing in the Diversity Visa lottery. You will never be notified or requested to pay fees by mail, email, phone -- ONLY through online status check. 

If you have misplaced your DV lottery confirmation number, you can use the retrieval tool in Entrant Status Check to recover it at https://www.dvlottery.state.gov/

If you have been selected as a WINNER and need help with the visa application process (if you are outside of the United States and will apply at the US embassy or consulate in your country) or with adjustment of status (if you are residing in the United States and eligible for adjustment of status), you are welcome to contact our office for advice or legal assistance. We would be glad to help!

Almost daily, I hear from some of our callers: "I don't need legal consultation, I don't want to hire an attorney. I have only one or two very simple (or quick, or easy) questions, and I want an attorney to answer my questions right now and free of charge because my questions are so simple, quick, and easy!"

I will try to explain why this request doesn't make any sense and how to get proper legal advice.

U.S. immigration law is very complex and constantly changing. There have been no major immigration reforms or amnesties in the past few years (which requires a law to be approved by Congress and signed by the President). However, there have been significant changes introduced by our current and former administrations and the executive branch of the government: executive actions; executive orders of the President; USCIS and DHS memorandums and policy guidance; official and unofficial practice advisories; and changes through our judicial branch (federal and immigration courts), such as, the decisions by the BIA, AAO, Courts of Appeals, US Supreme Court, and even by federal district court judges (for example, an injunction by a federal judge can place on hold an executive order of the President of the United States).

U.S. immigration law is federal in nature and is the same in all states. However, it may apply differently to your situation depending on your background, your place of residence or domicile, US embassy in the country where you apply for a visa, etc.

An experienced immigration attorney may be able to guide you and advise you about specifics, loopholes, various options, and can spot possible problems before they happen, even if it seems to you that your case is pretty straightforward and you have only "one quick question". A seemingly simple or quick question not always can be answered with a simple "yes" or "no" answer. You may not realize it, but a situation may have a lot of hidden issues or variables depending on your venue, court jurisdiction, your factual circumstances, your arrest and criminal record, your family situation and status, prior legal assistance, prior legal actions and applications filed, or even timing, etc.

You can find a lot of useful immigration-related INFORMATION on our Blog. We compiled useful information and links: USCIS forms and fees, case status inquiry, processing times, AR-11 Change of Address, Department of State and NVC, and much more here. Hope you find this information helpful!

To ask basic questions about USCIS immigration forms, filing fees or to inquire about status of your pending case, you can contact USCIS, Department of Homeland Security, by calling their 800 Customer Service Hotline (number is on their website), or send an e-request via a webportal at USCIS website. Case status can be checked online, as well. Immigration courts, U.S. embassies and consulates and National Visa Center each have their own hotlines, call centers or other ways to contact them.

To receive a case-specific legal advice you should talk to a lawyer. Before a lawyer can advise you, we usually email you our confidential immigration questionnaire, and ask you to complete and return it to us. In some cases, we can ask you to email us copies of your immigration forms, paperwork, personal documents. When an attorney reviews your answers to our questionnaire and your documents, it helps her to get to know you, your situation, and decide what legal and/or visa options you shall consider, what are your best chances of obtaining certain visas and immigration benefits, how and when can you bring your family to USA, are you eligible for permanent residency or a green card in the United States, are you eligible to apply for U.S. citizenship, how can your children become U.S. citizens, etc.

It's important that you provide truthful, accurate and complete answers to our questions because an attorney's advice to you is based on information you provide to an attorney. It could be dangerous to give misleading, incomplete or incorrect answers to an attorney.

An attorney or a lawyer is often called "a counselor in law". It means that an attorney counsels and advises you, helps you to understand your situation better, anticipates any possible future issues or complications, offers guidance, and a long-term strategy and planning for yourself and your family.

Legal advice is never a simple "yes" or "no" answer, it's never "use this form"  or "this is the link where you can find all information and all answers you need". Legal advice or consultation is like going to see a doctor. A doctor will ask you questions, take your vitals and administer necessary tests, then she will be able to diagnose you and offer you an appropriate treatment plan. The same is true about work of a good and ethical attorney. An attorney will have to ask you a number of questions, review your documents and paperwork, and only then she will be able to advise you, and offer you guidance and counsel.

In order to avoid mistakes and future complications, it's smart to consult an attorney before starting any legal, immigrant or visa process. Consultation with knowledgeable and ethical attorney should serve as a preventative measure and a way to establish a roadmap and plan your future.

In over twelve years of practice as an immigration attorney in the United States, I have come across of many unfortunate individuals who got themselves into trouble after reading and following wrong advice on internet forums, listening to their friends, co-workers, relatives and neighbors advice, or paying to complete their "paperwork" to an unlicensed "immigration consultant", or "notario", or "tax preparer", or somebody else who speaks their native language in their immigrant community but has no proper training and is not a licensed attorney. In some of these cases, individual's chances of living in USA legally can be permanently destroyed. Some people can become permanently banned from the United States, no matter how many close family members (wife, kids, parents) and other ties they have in USA. Immigration law is very complex and unforgiving, and non-compliance, fraud or misrepresentation could bring consequences more severe than penalties in an average criminal case. Where a convicted criminal can usually expect to be released from prison after a number of months or years and be reunited with his family, a person who was deported and permanently banned from USA may never be able to reunite with his family and loved ones in the United States. Lack of knowledge or bad advice is not an excuse in immigration law. "Simple mistakes" in immigration law context could be costly and often irreversible.

Do yourself a favor and consult a knowledgeable immigration attorney before filing any applications or petitions with the USCIS Department of Homeland Security, or before submitting any visa applications online. You can also schedule a consultation to seek a second opinion, if not sure that your current or former attorney's advice is correct as applies to you. When you have questions or need legal advice you can email us to schedule a consultation. We will be glad to help you.

China EB-5 Visa Category To Retrogress by June 2015, and a Two-Year Backlog Expected.

The U.S. Department of State's Visa Bulletin for April 2015 explains that continued demand for EB-5 green cards by immigrant investors from China will require a retrogression for the China EB-5 visa category by June 2015 to hold number use within the annual numerical limit. 

It's also expected that the retrogression will be about two years (a two-year backlog).

The bulletin is available at US Dept of State website here. 

A FAM update provides two new examples of the types of exceptional circumstances where consular officers should request authorization from USCIS to accept I-130 petitions. 

The new examples involve adoption of a child, and short notice of position relocation. 

See at 9 FAM 42.41 Notes
http://www.state.gov/documents/organization/87842.pdf

9 FAM 42.41 N4.2-7 Adjudicating Exceptional Circumstance I- 130 Cases (CT:VISA-2247; 01-28-2015) 

a. Consular officers assigned to posts with USCIS public counter presence cannot accept filing or adjudicate the Form I-130, Petition for Alien Relative, and must refer petitioners instead to USCIS. 

b. If a consular section without a USCIS public counter presence encounters an exceptional circumstance case, then the Consular Chief, or another designated officer, must receive authorization from the regional USCIS Field Office Director (or his/her designee) prior to accepting and adjudicating the filing. Post should contact the appropriate USCIS field office by phone or e-mail, providing the specifics of the reason for the exception request. USCIS will have discretion to determine which cases can be processed using the exceptional circumstances procedures and which petitioners should be directed to file by mail with the USCIS lockbox in the United States. USCIS may authorize post to accept the case over the telephone in particularly emergent circumstances but will always communicate his or her decision via email to the post within 1-3 business days of receipt of the request for record-keeping purposes. 

c. The following are examples of the types of exceptional circumstances where consular officers should request exceptional authorization from USCIS to accept I-130 petitions: 

(1) U.S. Military deployment or transfer: A U.S. service member overseas becomes aware of a new deployment or transfer with very little notice. This should be an exception to the regular relocation process for most service members. 
(2) Medical emergencies: A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel. This includes if the petitioner or beneficiary is pregnant and delaying travel may create a medical risk or extreme hardship for the mother or child. 
(3) Threats to personal safety: A petitioner or beneficiary is facing an imminent threat to personal safety. 
(4) Cases close to aging out: A beneficiary is within a few months of aging out of eligibility. 
(5) Cases where the petitioner has recently naturalized: The petitioner and family have traveled for the immigrant visa interview but the petitioner has naturalized and the family member(s) require a new, stand-alone petition. 
(6) Adoption of a child: A petitioner who has adopted a child locally and has an imminent need to depart the country. This exception should only be considered if the child has been in the petitioner’s legal and physical custody for at least two years and the petitioner has a full and final adoption decree on behalf of the child. 
(7) Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice. 
(8) Other emergency situations, as determined by the Consular Section. 

d. Large-scale disrupting event: An event such as a natural disaster or widespread civil unrest that affects large numbers of people and creates a humanitarian emergency for U.S. citizens or residents living abroad that would call for a blanket authorization for posts to accept and process I-130 petitions. In these circumstances, only the Chief or Deputy Chief of the USCIS International Operations Division may give blanket authorization to accept filing and adjudicate Form I-130 petitions for a specified period of time.

I want to share with all of you a very easy and convenient way to check your I-130 priority date online, to see if your case is current and immigrant visa eligible for processing or not. This online tool at NVC website is called the PRIORITY DATE CHECKER.

You can use the checker every month to see if your priority date falls within the current cutoff date. 

See at :http://travel.state.gov/…/immigrant…/approved/checkdate.html