Enterline & Partners Consulting | info@enterlinepartners.com

Search
Close this search box.

Department of State Waives Personal Appearances and In-Person Oath Requirement for Certain Immigrant Visa Applicants Due to COVID-19

Due to COVID-19, the U.S. Department of State (“DOS”) has implemented a Temporary Final Rule (“TFR”) providing flexibility for consular officers to waive the personal appearance of certain repeat immigrant visa applicants who were approved for an immigrant visa in the same classification and on the same basis as the current application on or after August 4, 2019.  The TFR also gives consular officers discretion to allow such applicants to affirm the accuracy of the contents of their visa application (DS-260) without appearing in person before a consular officer.

This TFR is effective as of December 13, 2021 and expires after 24 months, or if DOS concludes that the TFR is no longer necessary if the pandemic becomes less acute and ordinary travel resumes.

This waiver of the requirement for immigrant visa applicants to appear in person is discretionary.  Applicants eligible for a discretionary waiver of a personal appearance and interview pursuant to this TFR must be seeking an immigrant visa in the same classification (or another classification as the result of automatic conversion due to the death or naturalization of the petitioner of the previously issued immigrant visa) and pursuant to the same approved petition as their previously approved application, and they must continue to qualify for the immigrant visa.  The consular officer may communicate with the applicant by telephone or email, may request that the applicant provide additional information that the consular officer deems necessary, and may still request the applicant to appear in person.

Pursuant to the U.S. Immigration and Nationality Act, except as may otherwise be established by regulation, every immigrant visa application must be signed by the applicant in the presence of the consular officer and verified by the oath of the applicant before the consular officer.  Regulations further require immigrant visa applicants to be interviewed by a consular officer.  This TFR provides an exception to these personal appearance and interview requirements.

If you were approved for an immigrant visa after August 4, 2019 but it was not issued or it has expired, you may now be eligible to receive your immigrant visa without appearing in person before a consular officer.  Contact us to discuss whether you qualify at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor
6801 Ayala Avenue
Makati City, Philippines 1226

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2021. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

CATEGORY
time
recent posts
CTA_Collection

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

Supreme Court Hands the Trump Administration a Partial Victory in Ongoing Birthright Citizenship Litigation

The United States Supreme Court has given President Donald Trump’s Executive Order (“EO”) curbing birthright citizenship a partial victory. The ruling does not impact “Birthright Citizenship” but rather restricts district court judges from issuing nation-wide (or “universal”) injunctions against Executive Orders.  In a 6-3 decision, the Supreme Court held that lower federal court judges who issued nationwide injunctions against the EO went too far and granted the Trump Administration’s request to narrow the injunctions issued in Maryland, Washington and Massachusetts. While the Supreme Court’s ruling was a dramatic shift in how lower federal court judges have operated for years, the decision left enough room for challengers to the EO to prevent it from taking effect while litigation works its way through the federal court system. Specifically, the EO, which also suffered a setback by the Federal Court of Appeals will remain blocked for an additional thirty (30) days) allowing the

Read more >

When Do Sponsor Obligations End Under Form I-864?

For immigrants to the United States, the Form I-864, Affidavit of Support (“Form I-864”), is a critical part of the family-based immigration process. It is a legally enforceable contract in which a sponsor agrees to financially support the intended immigrant, helping ensure that the immigrant does not rely on certain U.S. government benefits after becoming a permanent resident. By signing Form I-864, the sponsor takes on long-term financial responsibility, but this obligation is not indefinite. The U.S. government outlines specific situations under which the sponsor’s duties come to an end. When Will These Obligations End?  A sponsors obligations under a Form I-864 end when the sponsored immigrant: A sponsor’s obligations under a Form I-864 also end if the sponsor dies. As such, the sponsor’s estate is not required to take responsibility for the sponsored immigrant following the sponsor’s death. Divorce does not terminate the responsibility, and if the sponsor dies,

Read more >

F, M and J Student Visa Interviews to Resume with Enhanced Social Media Vetting

The United States Department of State (“DOS”) has instructed Embassies and Consulates to begin accepting new F, M, and J student visa application appointments following a temporary suspension. The pause was initiated to allow DOS to implement policy changes regarding social media vetting. After the suspension, e F, M, and J student visa applicants are required to make their social media accounts public for vetting purposes. In a DOS announcement, DOS will use all information available for “visa screening and vetting to identify visa applicants who are inadmissible to the United States, including those who pose a threat to U.S. national security. Under this new guidance, we will conduct a comprehensive and thorough vetting, including online presence, of all student and exchange visitor applicants in the F, M, and J nonimmigrant classifications.” The new policy, following the Department of Homeland Security’s decision to begin screening anti-Semitic online activity posted by

Read more >
Vietnam
icons8-exercise-96 chat-active-icon