Enterline & Partners Consulting | info@enterlinepartners.com

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

contact us today for more information

Latest News

What Is Capital In The RIA?

In the EB-5 Reform and Integrity Act of 2022 (“RIA”), the definition of “Capital” as an investment for EB-5 has been updated.  Capital includes cash, as well as any real, personal, or mixed tangible assets that are owned and controlled by the investor and which are invested in, or contributed into, the business. Capital can also be assets held in trust for the investor, provided the investor has unrestricted access to them. This guarantees that the funds are accessible for investment purposes and job creation. Capital must be evaluated using Generally Accepted Accounting Principles (GAAP) or other SEC-adopted standard accounting procedures at the time of investment, at fair market value in U.S. dollars. This guarantees uniformity and openness in the investment’s appraisal. The definition of capital excludes several types of assets: However, Capital invested in a business with a buyback option may still qualify if the option can only be

Read more >

David Enterline speaks at IIUSA EB-5 Event in East Asia

Enterline and Partners Managing Partner David Enterline served as Panel Moderator for the IIUSA 2025 Passport Series: East Asia event held in October this year.  He moderated the panel “How to Evaluate and Select the Right EB-5 Project for Investors”. IIUSA is the national membership-based EB-5 industry association for EB-5 Regional Centers and other EB-5 stakeholders and professionals. Its members are responsible for the large majority of capital investment and job creation in the U.S. from foreign nationals investing and immigrating to the U.S. via the EB-5 Immigrant Investor Program.  David has been an active member of IIUSA since 2009. The panel consisted of experienced EB-5 stakeholders including Regional Center representatives, EB-5 lawyers and third-party promoters from various markets.  The panelists shared their knowledge, insight and thoughts on key factors when considering an EB-5 project to invest in.  If you are considering the EB-5 route to immigrate to the U.S. and

Read more >

What is a Form I-129F? Petition for Alien Fiancé Explained

A Form I-129F is a Petition for Alien Fiancé(e) filed through the United States Citizenship and Immigration Services (“USCIS”). The form can only be filed by a U.S. citizen ages twenty-one (21) and above. Non-US citizens including lawful permanent residents are not able to petition a foreign fiancé(e). Form I-129F Requirements Before a U.S. citizen can file for his or her foreign fiance, they must have accomplished the following: How Much is the Form I-129F Petition Filing Fee? The current filing fee for a Form I-129F Petition is US$675. This fee is payable to the U.S. Department of Homeland Security with a credit card by using a Form G-1450 or ACH transitions with a Form G-1650. When is the Best Time to Submit a Form I-129F Petition? A Form I-129F Petition can be submitted at any time throughout the year. Once the petition is received by USCIS, it will be

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