As part of the visa application process at Embassies, applicants are subject to a background screening process. In accordance with Department of State (“DOS”) procedures the consular officer may determine that “additional information from sources other than the applicant may help establish an applicant’s eligibility for a visa” requiring “administrative processing.”
Read moreUSCIS Expands Child Age-Out Calculation Under the Child Status Protection Act
United States Citizenship and Immigration Service (“USCIS”) has updated its guidance on how to calculate the age of a child applying for adjustment of status under the Child Status Protection Act (“CSPA”). Under the new policy, USCIS will use the State Department’s monthly Visa Bulletin “Dates for Filing” chart, as opposed to the “Final Action Date” chart in order to protect child adjustment of status applicants who risk aging out of availability to obtain a green card as derivative beneficiaries of their parents’ immigrant petitions, upon reaching age twenty-one.
Read moreAs the US Opens for International Travel, Some Remain in Limbo
As previously reported, international travel to the United States was reopened for vaccinated visitors on Monday, November 8, 2021, as a result of President Biden’s Presidential Proclamation. Previously, tourists and visitors who were physically present in the United Kingdom, Ireland, countries in the European Schengen Area, Brazil, China, India, Iran, and South Africa during the fourteen-day period preceding their entry or attempted entry into US were subject to travel restrictions as a result of the COVID-19 pandemic. These restrictions, which barred entry for most non-US nationals have been officially lifted, for those who are fully vaccinated. Travel remains restricted for people who were vaccinated with non-WHO-approved vaccines, such as the Russian Sputnik V vaccine, and the Chinese CanSino vaccine.
Read moreCroatia Has Been Added to the Visa Waiver Program
In a September 28, 2021 press release, Secretary of Homeland Security Alejandro N. Mayorkas, in coordination with Secretary of State Antony J. Blinken announced that Croatia will be added as a new participant in the Visa Waiver Program beginning no later than December 1, 2021. Croatia will be the 40th country to be part of the B-1/B-2 Visa Waiver Program (“VWP”), and nationals of Croatia will be able to apply for visa-free visitor travel through the Electronic System for Travel Authorization (“ESTA”).
Read moreThe White House Announces New Travel Policies Lifting COVID-19 Restrictions for Vaccinated Travelers
On October 25, 2021, President Joseph Biden issued a presidential proclamation detailing his previously announced plan to replace the current COVID-19 travel restrictions, which were issued on a country-by-country basis, with a globally consistent policy centered around vaccination and testing requirements. The new international air travel policy will be put into effect for any flights departing on or after 12:01 AM EST on Monday, November 8, 2021.
Read moreUS To Lift Travel Restrictions for Vaccinated Foreign Travelers on November 8, 2021
The White House Assistant Press Secretary Kevin Munoz announced via Twitter on October 15, 2021 that the international travel bans currently in effect will be lifted on November 8, 2021. The announcement was a much anticipated follow up to the White House’s previous statement that the US would soon be lifting COVID-19 travel bans for all vaccinated travelers.
Read moreWhite House Announces U.S. to Lift COVID-19 Travel Bans on Vaccinated Travelers
In a highly-anticipated and welcomed statement, Jeff Zients, the White House coronavirus response coordinator, announced that the United States (U.S.) will be easing the COVID-19 travel restrictions in place barring entry for most non-US nationals who were physically present in Brazil, China, Iran, Ireland, countries in the European Schengen Area, South Africa, India, and the United Kingdom during the fourteen-day period preceding their entry or attempted entry into the Unites States.
Read moreDepartment of State Expands Validity Period of National Interest Exceptions for Certain Travelers
On July 6th, the Department of State announced it was expanding the validity period and number of uses of the national interest exceptions (NIEs) granted to individuals traveling from countries affected by the current COVID-19 travel restrictions. Previously the NIEs were valid for one trip within 30 days of being granted. The new announcement permits multiple entries within the 12 months after the NIE is granted. The expansion is effective immediately.
The change in policy affects NIEs issued to those present in the following countries within 14 days of trying to enter the United States: Brazil, China, India, Iran, South Africa, the Schengen Area, the United Kingdom, and Ireland.
Read moreCan I Travel to the US? COVID-19-Related Travel Restrictions and Issues
What a strange and unpredictable year this has been! As countries start to open up their borders to international travelers, the most common question we have been getting over the last few months has been, "Can I travel to the US?" Unfortunately the very lawyerly answer is: "It depends." It depends what country you are coming from. It depends if you have a visa and in what visa category you intend to travel to the US. It depends on whether you have a Green Card. It depends on whether you have a legal permanent resident or US citizen relative. It may even depend on what exactly you intend to do in the US. Below we will try to unravel some of these issues but in many cases there are no clear answers. One caveat: the information about travel to the US is changing on an almost daily basis, therefore more than ever before, if you intend to travel to the US, it is vitally important you check with an immigration lawyer for specific advice on your individual circumstances.
Read moreUS Embassies/Consulates To Begin Phased Resumption of Routine Visa Services
After suspending routine visa services at US Embassies/Consulates worldwide in March due to the coronavirus (COVID-19) pandemic, the US Department of State (DOS) announced this week that US Embassies and Consulates abroad will begin the phased resumption of routine visa services with some posts reopening for limited routine visa services as of July 15, 2020. The resumption of routine visa services will occur on a post-by-post basis, the DOS said, and each post will coordinate with the “Department’s Diplomacy Strong framework for safely returning our workforce to Department facilities.”
Read more