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

What is a Joint Sponsor for a Form I-864 Affidavit of Support?

A Joint Sponsor for Form I-864, Affidavit of Support, is an individual who agrees to share the financial responsibility for sponsoring an immigrant when the primary sponsor (the Petitioner) does not meet the minimum income requirements. The joint sponsor must meet certain eligibility criteria and file their own Form I-864 in addition to the primary sponsor’s form. What is the Eligibility Criteria for a Joint Sponsor? No Obligation to Be Related: Unlike the primary sponsor, the joint sponsor does not need to be related to the immigrant. What are the Responsibilities of a Joint Sponsor? When signing Form I-864, the joint sponsor agrees to: What Are the Filing Process for a Joint Sponsor? Multiple joint sponsors may be involved if needed. Each joint sponsor however must independently meet the income requirements for their own household size and file their own I-864. For more information, please contact us at info@enterlinepartners.com. ENTERLINE

Read more >

President-Elect Trump’s Mass Deportation Begins to Take Hold

During the 2024 campaign,  former president and candidate Donald J. Trump promised mass deportation for millions on undocumented migrants in the United States. It appears that the campaign pledges are beginning to take hold. Last week, President-elect Trump named Thomas Homan as the “Border Tsar.” Homan, a former police officer and immigration official who previously served during the Obama administration and the first Trump administration as Immigration and Customs Enforcement Director has made it clear that mass deportation will be effectively carried out. “We have a mandate. I think the American people just gave President Trump a mandate. That’s why he’s elected – to secure the border, save lives, and deport people, especially national security threats and public safety threats,” said Homan. Homan commented that the immediate focus will be those in the country illegally with criminal convictions or charges. “It’s not going to be a massive sweep of neighborhoods.

Read more >

Federal Judge Strikes Down Parole-in-Place Program

A U.S. Federal Court Judge has struck down Parole-in-Place following an earlier decision granting the State of Texas and fifteen (15) other states an administrative stay two months ago. Judge J. Campbell Barker of the Eastern District of Texas ruled that the program, which would fast-track permanent residency to certain undocumented immigrants to obtain lawful permanent residents who are spouses and stepchildren of U.S. citizens, “exceeded its statutory authority and is not in accordance with the law.”  Judge Barker further added that the program “focuses on the wrong thing, in identifying ‘significant public benefits’- the benefits of aliens’ new legal status – rather than their presence in the country.”  At the time of publishing this article, it is unclear whether the Biden Administration will appeal Judge Barker’s ruling.  For more information on this ruling, please contact us at info@enterlinepartners.com. ENTERLINE & PARTNERS CONSULTING    Ho Chi Minh City, Vietnam Office    146C7

Read more >