Category: Immigration News

Effects on K1 Visa after San Bernadino Terrorist Shooting

Future of K1 Fiance Visas in aftermath of San Bernardino Terrorist Shooting

On December 2, 2015 in San Bernardino California, Syed Farook and Tashfeen Malik, husband and wife, entered an office holiday party with high powered weapons and murdered 14 and wounded 22. Malik had entered the USA over a year before traveling on a K1 fiance visa.

I wish to extend our heartfelt sympathies to those affected by this tragedy. We pray for their healing and recovery.

About 36,000 fiances enter the USA each year traveling on K1 Fiance Visas. In the past 8 years alone over a quarter of a million fiances have entered the USA this way.

 

Malik apparently is the only person so far to enter the USA via the fiancee visa program in order to commit an act of terrorism.

Will her act have effects on the K1 Fiance Visa program? Continue reading “Effects on K1 Visa after San Bernadino Terrorist Shooting”

Social Media Disclosure

Fiance, Spouse, all visas, Require Social Media Details

US immigration has just implemented another hurdle for prospective immigrants and visitors to the USA to jump. This is in line with the 2017 executive orders issued by President Trump to institute extreme vetting to vigorously screen visa applicants and strengthen K1 Fiance Visa Requirements.

Effective May 31, 2019, the state departments applications used for non-immigrant visas, the DS 160, and used for immigrant visas the DS 260, have been modified and the requirement is that all US immigration applicants need to reveal the social media accounts that they use.

 

Soon after his inauguration, President Trump issued executive orders tightening how US immigration treats its foreign clients.

Executive orders were issued to ban applicants from so-called terrorist countries, and US immigration was ordered to conduct “extreme vetting” on all cases. Continue reading “Social Media Disclosure”

Public Charge Rule Change

Public Charge Rule change to reduce Immigration

It’s President Trump’s mid term already. Under President Trump we have gotten used to extended processing times, more hurdles to jump over, even USCIS given permission to deny an application without allowing an applicant the opportunity to respond and clarify misunderstandings.

And NOW another proposal has been made that will make it MORE difficult to get visas and permanent residency. This rule change may affect 20 million immigrants and what it will do is make legal immigration more difficult. President Trump has repeatedly stated he wants to reduce legal immigration, and this rule change may be the one to radically do it.

 

Today we are talking about the Higher Standards that are proposed to increase the number of applicants that will be found ineligible because they receive public benefits and are considered a “Public Charge””

The administration under President Trump has done it again. They are currently working on raising the bar higher, in order to restrict legal immigration. This affects those applying for fiancee and spouse visas and permanent residency. Continue reading “Public Charge Rule Change”

Trump K1 visa CR1 visa Greencard

Trump’s first 30 months, effects on USA Immigration: K1 Visa, CR1 Visa, Green Card

President Trump may not have gotten his wall on the border with Mexico built yet, but during the last two years of his administration he has been very successful in throwing up many roadblocks to fiance and spouse visa and green card applications. Today I am going to give him a report card or what actions he has taken that will affect you.

Immigration now, more than ever, is a minefield. The more you know about what the hurdles are, the better able you will be to prepare yourself for this ordeal. Hopefully through preparation and my guidance you will get safely to the other side.

Lets talk about What’s been going on with marriage based immigration in the first two years of the Trump Presidency. Let’s talk about Trump’s effect on K1 Visas, CR1 Visas, and Green Cards Continue reading “Trump K1 visa CR1 visa Greencard”

USCIS Closes Offices

USCIS to close all International offices.

The Trump administration has announced that it intends to reduce USCIS’s international presence by closing ALL of its international offices. This means that those services that were provided to assist the processing of family visa applications, foreign adoption and similar cases now would be curtailed. This is consistent with the Trump administration’s objective to reduce legal immigration. Less support, means longer lines, slower processing, more frustration, and possibly less applicants willing to endure the process.

 

This action, is probably the final death knell to Direct Consular Filing.

In the past an American living overseas who wished to bring his spouse to the USA, could apply directly to the nearest US consulate, to obtain the spouse visa. This is called Direct Consular Filing or DCF. The American expat thus benefited as he could submit his application directly to local staff that would receive and process the application. And in practice this sped the process greatly, reducing a normally lengthy 1 to 2 year process into only a few months.

When Joyce and I decided to move to the USA, I applied directly to the US Embassy in Hong Kong, and she was granted her IR1 spouse visa in only 5 months. And then we moved with our two children to California.

In general, the State Department, has already been discontinuing DCF services from their consulates over the past 10 years, currently only those countries where USCIS has an international office is DCF still provided.

I guess it should now be called “Direct USCIS International Office Filing” instead of Direct Consular Filing, as the consulate is no longer initially involved.

Anyway, with the announced closing of all international USCIS offices I expect that DCF, regardless of acronym, will be a thing of the past.

Soon, All family visa cases regardless of whether the US sponsor lives in or outside of the USA, will be submitted and initially processed in the United States. This means those ex-pat families who previously enjoyed DCF, will now experience a much slower, and more complicated process in order to obtain visas and green cards to the USA.

The countries where USCIS currently has international offices are shown here.

Dominican Republic – Santo Domingo
El Salvador – San Salvador
Germany – Frankfurt
Ghana – Accra
Greece – Athens
Guatemala – Guatemala City
Haiti – Port-au-Prince
India – New Delhi
Italy – Rome
Jordan – Amman
Kenya – Nairobi
Mexico – Ciudad Juarez
Mexico – Mexico City
Mexico – Monterrey
Peru – Lima
Philippines – Manila
South Africa – Johannesburg
South Korea – Seoul
Thailand – Bangkok
United Kingdom – London

The US state department says it will take over the duties, at least some of the duties, previously conducted by these offices. USCIS says it will save money. Applicants for visas can certainly expect to suffer additional delays in the processing of their cases.

If you are currently on the verge of submitting a DCF case, better submit it within the next few weeks cause very soon no more DCF cases will be accepted and you will be faced with processing times that drastically jump from 3 to 5 months to 1 to 2 years.

By Fred Wahl
the VisaCoach

USCIS Denies Without Rfe Noid

 

Tougher USCIS now able to Deny without issuing RFE or NOID

USCIS, which was never that helpful, on September 11th 2018 will become less so.

In the past when applications for fiance visas, spouse visas, adjustment of status ran into trouble, because the applicant didn’t quite know what he was doing, the reviewer at USCIS often, halted processing, then spent the time and effort to issue a RFE (Request for Evidence) that listed what was missing giving the opportunity to respond and correct the error. Or if a case was in risk of being denied due to missing materials, a NOID (Notice of Intent to Deny) might be issued, also giving the application an opportunity to correct mistakes. Now USCIS can skip the RFE, skip the NOID and go directly to denial, and in some cases directly to the start of deportation.

 

 

 

 

Under the Obama Administration USCIS reviewers were only allowed to deny out right under the most obviously ineligible cases. Now Obama’s “friendly” USCIS is a thing of the past. Under President Trump, two new policies are now taking effect. First USCIS can now deny, without warning, without allowing an applicant to fix his problems. No longer is USCIS required to issue a warning describing what is needed. No longer required to issue an RFE and ask for more info, or even a NOID (notice of INTENT to deny) warning that an application is in jeopardy.

And second and even more troubling, is that if the immigrant is physically present in the U.S.A., once a decision to deny is made, USCIS can immediately start deportation proceedings. Many applicants will be put on track for deportation before they have a chance to clear bureaucratic glitches or misunderstandings.

Now is not the time to risk making mistakes when filing applications to immigration.

For clarity let’s explain what these policies and acronyms mean.

What is an RFE?

RFE means “Request for Evidence”. This is a notice issued by normally issued by USCIS when an application is missing a particular piece of an application such as a document, photo, signature, properly completed form and so on. RFE’s sometimes are issued in error. Sometimes the application has been completed correctly, or the needed item properly submitted Sometimes the reviewing officer, does not see what is in front of him. These type of occurrences are especially worrisome, for in the past if an officer asked for an RFE in error, the applicant could clarify the error, or resubmit the evidence. It was difficult enough in the past to rectify a reviewers mistake by pointing out his error, when replying to an RFE, but now if the same issues occur, and there is mistaken denial instead of mistaken RFE, it will be much more difficult and time consuming for an applicant to get his case back on track.

What is a NOID?

NOID means “Notice of Intent to Deny”. This is similar to an RFE. It is a notice that USCIS issues too warn an applicant that the USCIS reviewer feels the applicant has not provided sufficient evidences in general to satisfy the application. And that so much is missing the officer feels appropriate next step is denial. Typically similar to an RFE the applicant has an opportunity to respond and thus a chance to satisfy the suspicions of the reviewing officer, before the application is finally denied..

What is deportation?

When a foreign-born alien applies for immigration benefits in the United States if his request is denied then U.S. immigration can initiate proceedings to have the alien forcibly removed from the USA. In past the steps initiating and leading to deportation were not automatic and allowed applicants opportunities to respond. This slow processing was especially helpful if the reasons for deportation were based on evidences or documentation that were available but were not presented due to errors in the applicants application. Applicants had time and opportunity to clear up confusion and present missing documents before things got “out of hand”. Under the new policies immediately, once, an applicant is denied, remember there is no RFE, and no NOID, the proceedings leading to deportation are allowed to begin. Without warning, without notice, without delay. This will undoubtedly lead to many more foreign Nationals being forced to leave the USA.

The new policies are vague in defining under what circumstances and for what reasons an officer can deny an application. So it is quite likely that results WILL VARY between individual USCIS officers. Some will approve, some deny, and hopefully some will still issue RFE’s or NOID’S.

It remains to be seen how tough USCIS will become, however in the current atmosphere of President Trump’s Administration where “extreme vetting”, and “vigorous enforcement” of immigration laws is being promoted, it is clear that many applicants are about to experience hard times.

What is to be done?

Check, check again, and check one more time before submitting any immigration application. Insure that all evidences and required materials are included and the forms properly filled in.

Fortunately that has always been the practice of VisaCoach. Our policy is to craft each application, touch all bases, and we “do it right. The first time”

I provide each couple with a detailed, personalized checklist of everything that should be submitted to USCIS. The list I create for them is color-coded, Red for Required, Green Highly Recommended and Black for recommended. Ask my clients about what happens if they try to get away with not providing me with all the critical Red items. I become the “squeaky wheel” that keeps reminding them to provide the items before we can submit. This policy has paid off for my couples in the past, and I expect will continue to save them from the troubles that others will experience due to a tougher USCIS.

I have met plenty of smart and capable people. And regardless of how smart or capable they are, I would never recommend that they attempt fate by risking disaster by “doing it themselves” or using cheap no-frills form filling services.

There are just too many pitfalls. In past the punishment for making common errors could sometimes be recovered from due to the generosity of a USCIS reviewer asking for RFE or warning with a NOID. Now this safety net is gone. Now more than ever we expect to see many denials come out of USCIS.

By Fred Wahl
the VisaCoachuscis-denies-without-rfe-noid.html

USCIS Strict Enforcement of International Marriage Broker Act, IMBRA

USCIS enforcement of IMBRA

The International Marriage Broker Act of 2005, IMBRA has been a bogey on the horizon for men and women in long distance relationships who met online at dating websites. This hasn’t been a problem for the websites or their clients UP TO RECENTLY, as the IMBRA laws been only partially enforced. However USCIS has been gradually implementing inch by inch some of the procedures as mandated by IMBRA and has taken major actions in 2015 and 2016 to now require couples to identify the websites they used, and provide evidence that the website was exempt from or strictly followed the IMBRA regulations..

 

The law puts draconian restrictions on how an American is allowed to meet his partner when using an online dating service. Basically every dating service, regardless of where located in the world, is supposed to comply with this regulation if they have American clients. To follow the act’s regulations, the dating service must obtain written, and detailed consent from the foreign born person, before ANY form of direct communication with the American is possible.

This confusing act requires the American to provide confidential information about himself to the website. The foreign born “potential date” then views the confidential information, after translation to her/his native language, and finally must sign and date a document, with all this information, if agreeing to allow communications to begin.

When this onerous law came out in 2005 some companies like mine, HeartofAsiaonline.com converted our websites to fully comply with the law. This meant that clients from US and overseas found many more hoops to jump through in order to join our membership and meet their foreign loves. By following the law, my company HeartofAsiaonline.com lost $ thousands each month, as clients gravitated to websites with easier registration and contact processes.

Many other companies abandoned the business altogether. And many companies and businesses especially ALL non-US based services decided to ignore the law. Ignoring the law has paid off for companies such as Cherry Blossoms, Filipino Cupid and so on. For the past 9 years they have continued to collect good US dollars while scoffing at the IMBRA regulations.

Up to now this hasn’t been a problem for them or their clients, as the IMBRA laws have not been fully enforced. However USCIS has been gradually implementing inch by inch some of the procedures as mandated by IMBRA.

A BIG CHANGE starting in 2015

The most recent turn of events has been implemented three months ago. Now each time a fiance visa petition is submitted to USCIS and the couple confirms they met at a online dating website USCIS has been stopping processing on their case and sending the following request for evidence (RFE) to the couple.

The evidence in the file reflects that you met the beneficiary through the services of an International Marriage Broker (IMB). You stated you met the beneficiary through xxxxxxx dot com. This website is considered to be an International Marriage Broker as it is a business that charges fees for providing, dating, matrimonial, matchmaking services. or social referrals between United States citizens and foreign nationals. Therefore, you are required to submit a copy of the signed written consent form that the International Marriage Broker obtained from the beneficiary, authorizing the release of her personal contact information to you.

The decision of whether to approve or deny your petition will be based upon the type(s) of evidence submitted and its credibility.

This is quite a problem when the majority of websites have ignored the law. And now the couple (not the website) are in trouble for not complying with IMBRA.

I have helped couples draft various answers to these requests. Sometimes we have a consent form, sometimes we deny the website is an International Marriage Broker, sometimes we just say now we know it was an IMB, but did not follow the rules, and therefore no consent form every existed..

So far of the couples I have worked with, none yet, have had their petitions denied due to using a non-compliant dating service. I believe it is just a matter of time till USCIS takes the next logical step and denies the visa applications of those who violated US law by using websites that violated IMBRA.

I suggest any couple who has met at a dating website should confirm with the administrator of that website whether The International Marriage Broker Act (IMBRA) rules were followed or not and if followed obtain written proof.

And of course for any American now going online to find his partner from overseas I strongly suggest you only join dating services that are IMBRA compliant.

By Fred Wahl
the VisaCoach

US Embassy Manila Closing

Is US Embassy Manila (USEM) Closing?

Currently making the rounds are rumors that the US Embassy located in Manila is closing in July 2019. This rumor is absolutely false. The US Embassy has no intention of closing or moving or curtailing any of its services.

 

When embarking on the path to deal with US immigration to bring your fiancee or spouse to the USA there is a lot of information on the Internet. Sadly there is a lot of mis-information too. There are rumors, out of date material, and sometimes deliberate lies and pranks.

And that really is why, why it’s good idea to work with an experienced guide who knows the facts and can certainly separate rumor from reality.

I am Fred Wahl the VisaCoach and I help you get through a confusing and frustrating Immigration process so you can have a happy life together in the USA with your foreign partner.

In this video I’ll talk to about the background on what’s REALLY going on. And by the end of this video you will know who is effected and who is not.

About two months ago I announced in one of my videos that the USCIS international offices scattered around the world, were going to close. USCIS has been reducing its overseas presence for many years, currently or at least when the notice was made they still had about 20 offices with about 70 American personnel plus local staff. Their work was to support the US Embassy where they were located in helping process applications that came from Americans and their dependents who were living in area that the US embassy served.

This kind of service was called Direct Consular Filing. What DCF means is that Americans and their dependents, who are living in the overseas country that the consulate served, if they were applying for immigration benefits, could for applications such as spouse and dependent visas, submit their applications directly, in person to a local USCIS office or the consulate, and this avoided expensive mailing and speeded processing times.

For example, for an American ex-pat living in the Philippines. If he or she had been granted an alien card by the Philippines government, and then had had lived in the Philippines for at lease six months, then he or she could file directly to the USCIS office in Manila, for his or her spouse or child. The American could make an appoointment, come in, show proof of the Alien card and over 6 months of residence, and then drop off the application.

In only a few short months, the USCIS staff would complete their review of the application, then pass it over to the consular staff at the Embassy. The Embassy staff would conduct the final interview.

This was a real boon to those applicants, because most applications are submitted in the USA, and take about a year and a half to be processed, before arriving in Manila for the interview. Instead the application filed using DCF, would take only a few months to get to the interview.

Twenty years ago when I applied to bring Joyce to the USA on a spouse visa, all US embassies and consulates offered direct consular filing. I was living as an expat in Hong Kong with Joyce, and I was able to file directly to the Hong Kong embassy on Garden Road, and we got our spouse visa in about 5 months.

As time went by, one by one, the various consulates and embassies stopped offering DCF. Finally only 23 locations still offered it. These were locations that ALSO has a USCIS office. Now these USCIS offices are closing. And with their closing, Direct Consular Filing, DCF will no longer be available.

But for most, the closing of the USCIS offices makes absolutely NO DIFFERENCE. Only a very few applications were eligible for DCF, the VAST majority all followed the standard route.

And by the way, while this process was available for spouses and dependents, it was never available for Fiance visa applications. Always Fiance visa applications had to be submitted in the USA, regardless of whether the American sponsor lived inside or outside the USA.

So the closing of the last USCIS international offices, will frankly have little to no effect, simply now regardless of where the American sponsor lives, when he applies to US immigration, he will have to submit his application to USCIS offices in the USA. No longer can he submit the application or drop it off at a local USCIS international office.

So what caused the rumor that the US Embassy in Manila is closing in July?

Well, basically people are misreading the headlines.

The news announcements, the headlines in the Philippines press all say something like. “USCIS Closes Manila Office”

Somehow people miss read that statement and changed it to the “US Embassy in Manila is closing”.

USCIS is closing its small office presence, is certainly not the same that the US Embassy is closing.

USCIS had some office space located within the US Embassy compound. There a half a dozen American USCIS personel and local Filipino supporting staff conducted USCIS business working on DCF applications. Now these few Americans are returning to the USA and will conduct their work in the USA.

The Filipino staff will probably be reassigned to job opportunities at the US Embassy itself. And some office space within the Embassy will temporily become vacant.

The embassy itself will continue to operate, business as usual. Interviewing visa applicants and processing their cases, also business as usual.

The last local DCF application was accepted by the Manila USCIS office on May 4. Then they stopped excepting any further DCF applications. Today they are wrapping up the last cases they have in the pipeline, and packing to move back to the USA.

The vast majority of applicants never were eligible for DCF, so for them there is absolutely no change. For the few, well, now they will be treated just like the rest of us.

The few applicants who were previously eligible to apply locally in the Philippines now must send their applications all the way to the USA, and then wait for them to eventually return to Manila where the interview will be held at the US Embassy that is open today, will be open tomorrow, will continue to be open in July, and will remain open as long as the USA and Philippines have diplomatic relations.

By Fred Wahl
the VisaCoach

Social Media Vetting for Fiance and Spouse Visa Applicants

Fiance and Spouse visa applicants asked to provide detailed social media and telephone details

Just when we all were getting used to the delays caused by President Trump’s executive orders. He had instructed USCIS to more vigorously vet all cases with an objective to to restrict legal immigration. Just when we finally came to grips with the changes at USCIS that doubled or tripled the length of application forms, and caused most processing times to double.

Now the policy of extreme vetting, and immigration restrictionism has come to the US State Department’s consulate level.

 

Now either before a consulate interview or worst at the end of a consulate interview (just when you are waiting to hear “visa approved, welcome to USA” now many applicants are handed additional questionnaires asking about their social media, internet and telephone accounts.

These questionnaires often come with a note, saying that perhaps your case may require administrative processing. Continue reading “Social Media Vetting for Fiance and Spouse Visa Applicants”

Extreme vetting for Fiance and Spouse Visas

Extreme Vetting expected, even for Fiances and Spouses of Americans

It was recently reported that Trump administration officials are considering subjecting visitors to a range of invasive measures, including searches of their mobile phones and contacts, mandatory disclosure of their social media passwords, and interrogation about their beliefs and opinions.

 

Applicants could be asked to do the following:

Continue reading “Extreme vetting for Fiance and Spouse Visas”

USCIS furloughs employees: Stops issuing green cards

USCIS  runs out of money:
Furloughs 13,400 employees Stops printing green cards

“How will your case be affected when USCIS runs out of money?”

The pandemic has not only affected you personally, but has also affected
larger institutions, even government agencies like United States Customs and Immigration Service, USCIS.

Because of economic and quarantine restrictions, Applicants for green cards, and fiancé and spouse visas have, like the rest of us, put their lives on hold. This includes delaying submitting applications to USCIS for immigration benefits.

USCIS currently is only receiving about 40% of its normal caseload of new applications.

This is good news and bad news.

It is good news for you if you have applied already because your case is being processed faster because there are less cases to compete with for the attention of the USCIS officers.

But it is bad news for USCIS

Since USCIS pays for its operations with application fees, after four months of the pandemic, after four months of reduced “sale”, USCIS is OUT of money.

13,400 employees, about 70% of it’s entire workforce have received furlough notices. By the first week in August there may only remain at USCIS a skeleton crew to handle your immigration case.

In The Visacoach newsletter, I reported months ago that USCIS was processing cases very quickly.

This was due to their office’s receiving far fewer applications than normal. While other businesses closed during the pandemic,
USCIS did not. Yes, they were not allowing in-person meetings or interviews with the public, but their back offices continued to
work uninterrupted. Basically they had plenty of staff but with less work to do. That’s why recent cases enjoyed faster processing.

And if you had all of your evidence ready for your case that was good news for you, and a great opportunity to submit your application and enjoy speedier processing.

But the party is over

USCIS is broke, they are running out of money.

USCIS operates as a self supporting fee based agency. This means they do not receive tax payer dollars to support their operations. Instead they support themselves entirely by the fees you pay when you file your application.

Their current application fee revenue is only 40% of its normal level. At the same time, their staffing is at 100%. Having “done the math”, USCIS expects to run out of money by August.

They have asked Congress to bail them out. They want to raise fees, charge surcharges on top of the new raised fees, and want 1.2 billion dollars in loans..

USCIS has asked Congress to approve higher across the board fees (including a huge $445 increase to apply for US Citizenship, also $545 for work authorization and $585 for travel authorization).

USCIS has ALSO asked to add a temporary 10% surcharge on top of any application fees charged.

And finally USCIS has asked Congress for a $1.2 BILLION dollar loan to tide them over. The temporary 10% surcharge would probably be applied until the money is paid back.

In the mean time, USCIS has sent notices to 13,400 employees notifying them to expect to be furloughed in August. If the loan falls through the employees stay home.

And green card and work and travel authorization applicants have already suffered.

USCIS previously contracted out the printing of green cards and work and travel authorization cards. The contract with the outside printing company ended in June. USCIS chose to not renew the contract as they hoped to save money by doing the printing themselves inhouse.

But, due to lack of funding, they have not hired new any staff who knows how to run the printing presses. So until their budget problems are fixed, no more green cards, no more work authorization cards.

So far 50,000 approved green cards, and 75,000 approved work and travel authorization cards Have not been printed, not issued to the applicants.

This is a real problem because a lot of new immigrants Need to work to support themselves and family, and they may not even look for work until they have these cards in their hands.

The fate of your application, and many thousands more like yours, and the fate of USCIS all lies in what Congress does.

If Congress DOES grant the loan, and does so soon, USCIS can keep its employees working, and can find a way to start printing green cards.

And if that happens, and they are still getting less new cases, then for your case, if you can submit it soon,
You can expect to enjoy faster processing, at least until the pandemic is under control, and new applications return to prior levels.

If Congress does NOT grant the loan, then expect all cases to slow to a miserable crawl.

In either case, you will pay higher fees.

No matter what happens, submitting as soon as possible, is still your best course. Depending on how soon you submit, you will most likely avoid the fee increases. And any progress you make before any reductions in staffing (if they occur) will put your case that much further along the processing path.

As always with US immigration it is “first come, first serve”.

This was Fred Wahl, The VisaCoach

 

Where Americans Can Travel Without Quarantine

Conditions are changing and will continue to change as the pandemic goes on. The good news for those who are itching to travel sooner than later: The list of where US citizens can go is slowly expanding. As of early September, here’s where Americans can visit right now with no quarantine required.
✅ Where US citizens can visit with no testing or quarantine required
Note that though a test isn’t required, you may be tested upon arrival (randomly, or if you’re showing symptoms) and asked to isolate until you get your results. If you’re sick and do need to quarantine, it may be at your own expense.

  • Albania
  • Belarus
  • Brazil (health insurance covering Covid is required)
  • Dominican Republic (passengers will be randomly selected for a breath test)
  • Kosovo
  • Maldives (confirmed hotel required)
  • Malta (only if you spend 14 days in an approved country first)
  • Mexico (travelers must arrive by plane)
  • North Macedonia
  • Serbia
  • Tanzania (health screening may include a test on arrival)
  • Tunisia
  • Turkey
🚦Where US citizens can visit with a negative Covid test and no quarantine required
Testing rules are all over the place.

Some countries require a negative test from the last 72 hours while some allow tests that are five days old; some require a test before you board, and others test on arrival. In some countries, a single test is all that’s needed and in others you may need to be tested again depending on the length of your stay.

Bottom line: check each country’s requirements carefully.

  • Antigua and Barbuda
  • Aruba
  • Armenia
  • Barbados
  • Bermuda
  • Bosnia and Herzegovina
  • Costa Rica (only visitors from select states are allowed)
  • Croatia (with proof of booked accommodation)
  • Dominica
  • Dubai
  • Ecuador
  • Egypt
  • French Polynesia
  • Honduras
  • Jamaica
  • Kenya (travelers from California, Florida, and Texas must quarantine for 14 days)
  • Montenegro
  • Rwanda
  • St. Lucia
  • St. Barts
  • St. Maarten
  • Saint Vincent and the Grenadines
  • The Seychelles
  • Turks and Caicos

Additionally, Belize, El Salvador, and Namibia have announced plans to reopen soon. Unfortunately at this time there’s no word on when other countries, including those in the EU, may begin welcoming Americans again.

How to get Social Security Number during Covid 19

You don’t realize how important it is to have a social security number until
you don’t have one. The SSN is required to open up bank accounts, get medical insurance, get a drivers license,
work, and even to be able to be charged lower income tax on a filing as married tax return.

It’s important, it’s necessary, but has been nearly impossible to get during the Pandemic.
Social Security requires an in-person meeting, to apply for the number. And as
Social Security closed offices to the public back in March, this puts your new
immigrant fiance or spouse in between a rock and a hard place.

Fortunately, I recently went through this process with a client of mine, and in this
video will teach you what I found out, so you can get an SSN for your fiance or spouse.

Now, lets talk about “How to get that elusive Social Security number while Social Security offices
are on Covid 19 lock down.”

Normally to obtain a Social Security number (SSN), after immigrating to the USA on a spouse,
relative, or fiancée visa, one goes in person to the nearest Social Security Administration
(SSA) office presents identification and receives the SSN a month later.

Unfortunately during the COVID-19 pandemic most Social Security offices are closed and not
allowing in-person visits. This has caused a lot of frustration and delays for new immigrants
who need a social security number in order to open up bank accounts, get insurance, and apply for work.

Fortunately, you can still get the SSN. Here’s how.

The procedure is not publicly described at their websites, so to find out exactly what to do and how,
you MUST make a few phone calls to SSA to find out how and what to do in your area.

That’s exactly what I did recently and now I will share my experience with you.

K1 Fiance Visa

A recently arrived K-1 fiancée visa traveler, is eligible to obtain a Social Security number
by applying between day 15 and day 60 after arrival. Even though publicly and officially SSA
is closed to the public and not conducting in-person interviews, in practice they are conducting
some interviews and currently WILL do so for your Fiance Visa partner.

The way to do this is as follows:

Step 1: Google search for the telephone number of your local Social Security office, Call them. Identify yourself
that you need a first time, Social Security number for a recently arrived K-1 fiancée visa holder.

The key words to emphasise are “FIRST TIME”. The first operator you call probably can’t help, but should redirect you to
another number, at another office. You may need to make a series of phone calls. Rinse and repeat until you
finally reach the single, there is always one, actual office in your area that is handling First Time cases.

Step 2: Over the phone, provide detailed information about your fiancé including his/her local contact information and telephone numbers.

Step 3: Eventually, few days, or weeks, you will be called back and your Fiance provided a date to come in for
an in-person interview. The caller ID will says “US Government”‘. But it is not a spam call. It is Social Security.
I almost blocked the call cause I get many spam calls claiming to be something they are not. But this is legit.

An appointment date will be set, usually for a few days later. Your fiancé should bring passport, a filled in SSN application
(https://www.ssa.gov/forms/ss-5.pdf) and I-94. The I-94 is available online. https://i94.cbp.dhs.gov/,

It’s also a good idea to bring original and a photocopy or a certified copy and photocopy of your Fiance’s birth Certificate.
Eventually the Social Security number will be issued.

If you are already married, and if your new spouse has changed last name to yours, also bring the marriage certificate and a photocopy.

Social Security may or may not issue the SSN in the married name. Either way is OK, but is worthwhile to ask as it would save
you another trip later.. If they prefer to issue in the maiden name, and they regularly do insist on this because they
often only will issue the SSN to the name shown on the passport and I-94.

It is not a problem. Later once you get green card or work authorization return to Social Security, hopefully by then the pandemic is past,
and update to the new married name.

Regular Immigration (Spouse or Relative)

In the case of regular immigration, such as your spouse arriving on a CR1 or IR1 visa or a family member,
or diversity lottery winner, the process is similar.

Step 1: Google search for a local Social Security office’s telephone number Call and identify yourself that you
need a first time, Social Security number for a new immigrant. Emphasize “FIRST TIME”. The first person you call
probably can’t help, but should redirect you to another number, at another office. Rinse and repeat till you are
talking to the office in your area assigned to handle such cases.

Step 2: They will give you their mailing address and instruct your immigrant to mail them, passport and the filled in
social security number application form.

Step 3: Send to the Social Security Office,the immigrant’s passport, it show have his/her arrival visa,
and the social security number application form. https://www.ssa.gov/forms/ss-5.pdf
Use certified mail with tracking. You don’t want to take any chance that your passport gets lost.

Step 4: Eventually the Social Security office will call, and schedule a time to go to the
designated office, meet with the clerk and be approved for the SSN. There the clerk checks your passport id page
matches the applicant. Passport is returned at that time. And social security number is issued by mail a few weeks later.

This was Fred Wahl, The VisaCoach

USCIS Fee Rise on Hold

Planned October 2, 2020 USCIS Fee Schedule temporarily blocked by Injunction

“Procrastinators, YOU can rejoice” You still have time to avoid big
increases in the cost of Naturalization to become a US Citizen as well as Work and travel authorizations
for green card applicants.

For months, actually probably years, USCIS has had a price increase in the works.

Finally after much, much, deliberations, posting in the Federal Register, reviewing and replying to comments,
delays due to Covid 19, challenges from Congress, back and forth with Congress, FINALLY they got their wish.

A new price list was set to take effect on October 2.

Most fees went up. Some down. Some like Naturalization and Work + Travel Authorizations when up A LOT !.

The biggest bumps were a $445 increase from $725 to $1,170 for Naturalization,

$545 increase from 0 for Work Authorization
and
$585 increase from 0 for Advance Parole.

Other benefits that VisaCoach clients are concerned with changed little. Some a little up, some a little down.

Once the fee change was announced, we jumped on it, letting all our clients know what was happening
and helping those who would suffer the must from the fee increases to get their applications in on time.

We were very, very busy for a month during the run up to October 2.

Then, at the eleventh hour, just before October 2 came around, a group of opponents to the fee change were successful
to convince a court to place a temporary injunction, temporarily halting the fee change.

Well that’s Good news and bad.

Good news for procrastinators, who delayed but now can still submit under the old fee schedule.

BAD news for applicants in general, as total confusion is the rule of the day. The injunction is in effect,
but for HOW LONG? At any time it could be dropped.

Maybe the all new fees will be implemented, maybe only some parts, maybe none.

Who knows?

But is does cause problems. First of all, the fees could change without notice at any time. We are asking our clients
to reach out to us, when they are ON THE WAY to the post office to mail in their applications to confirm what
the correct fee is on the day they submit.

We can handle that with out clients, on a one by one personal case. Thats manageable. What I worry about are
how well the clerks at USCIS will handle the processing of cases and acceptance of payments once the fees actually change.

Officially, USCIS should check the postmark and mailing date shown on each package they receive. And then
apply to the contents of the package, the fees and procedures that were in force on the day of mailing. Unfortunately
that system does not work so well. The last time a major change occured, and this was on February 24 when the
public charge rules came into effect. Hundreds of applications that had been shipped, on time, were rejected, due
to clerical error. It took months for clients, who had legitimate proof of mailing to battle with USCIS to
get their cases back on course.

I am afraid in the week after the new fees take effect, that there will be even more such mistakes
made at USCIS causing great inconvenience and unnnecessary delays to applicants.

This was Fred Wahl, The VisaCoach

 

Effects of Biden Presidency on Fiancee, Spouse + Green card Immigration

President Trump promised a “Wall” to reduce immigration. While only partial progress on a concrete and steel wall was accomplished, great strides were made in limiting legal immigration via a paper wall of stringent policies that greatly increased the complexity and difficulty of passing through the immigration process.

President-Elect Biden has yet to take office, however I do expect that within the first hundred days of his taking office, deliberate executive action will be taken in an attempt to unravel the “Trump effect” on immigration.

This is GOOD news for Applicants.

Today I am going to forecast how I expect the Biden Administration’s occupancy of the White House to affect your application.

President Trump vowed to reduce immigration. And he was successful.  Over 450 executive and administrative adjustments, both major and subtle, were made to toughen immigration rules and procedures. He instituted extreme vetting, where all applicants are more highly scrutinized than ever before, Banned entire countries from being allowed visas to the USA, added tighter Public Benefits eligibility requirements which created a virtual “wealth test”, and instituted a pervasive organization wide culture change in the way that USCIS views and treats immigrants.

United States Citizenship and Immigration service (USCIS), once viewed immigrants as its clients, to be served. It’s officers traditionally believed they were following a pro-immigrant, humanitarian mission. The mission was to help refugees escape persecution, American Companies bring in needed talent, and reunify families with their loved ones.

Many officers initially joined USCIS in order to pursue that noble mission. In the recent four years many of these same officers, disillusioned, have resigned, as under Trump, the priorities changed from helping eligible immigrants come to the USA,  to finding ways to keep them out.

In 2018, under the Director selected by Trump, USCIS’s official mission statement was drastically altered. Removed were references to a “nation of immigrants” and to immigrants as “customers” whom the agency serves.  Now the mission statement basically reads “enforce immigration laws”. Immigrants are no longer customers, now they are suspects. USCIS’s Budget for fraud prevention and detection doubled between 2016 and 2020

Here’s my forecast of what’s going to happen after President-Elect Biden takes office..

#1 New USCIS Director

To reverse the current “anti-immigrant” culture at USCIS will require a top down management change. That will start when President-elect Biden  chooses a new director of USCIS, and assigns him or her the mandate to return USCIS to it’s prior mission of treating immigrants as clients, not adversaries, and working towards assisting them navigate lawful, and proper immigration. With new top down guidance, USCIS should relax it’s restrictionist “extreme vetting” and move to return to its earlier, more Humanitarian mission.

#2 End of Immigrant Harassment

While detailed and proper screening of applicants is reasonable, unfortunately in recent years the application review process has deteriorated from normal and expected due diligence into in essence, in many cases, deliberate  harassment. Requests for evidence ( RFE’s) were frequently issued for non-material reasons.

Cases were denied for similarly trivial issues such as leaving fields that were not applicable, blank. Or incorrectly writing not applicable as NA vs N/A.

Revised Forms with no real modifications,  would be announced and instead of giving adequate time usually one or two months for applicants to change over to the new versions, only One, single,  day notice was given. And the applications that were already in the mail which had used the earlier nearly identical version, and which was the correct one to use on the day of mailing,  were rejected.

Cases that previously would not require an interview, would be held and delayed many months awaiting availability of already overworked and limited interviewing staff.

For a few months this summer, even cases which had successfully gone through the entire tedious process, including interview and official APPROVAL, were put on hold, waiting many months for the printing of their approved work, travel and green cards. A long term contract USCIS had with the printing company had expired. And even though the contract’s expiry date, and need for replacement was known, long, realistically years in advance, no action on USCIS’s part to replace the contract and obtain alternative printing was taken, at least not until a court order forced USCIS to take proper action.

This change of attitude will rely on the New top management at USCIS. Their leadership will be critical to return USCIS to a culture of helping immigrants versus holding them back.

#3 Faster Processing

Less energy wasted by USCIS staff seeking excuses to delay individual cases, will result in more efficient, smoother and overall faster processing of cases.

#4 Lower Denial Rate

With restriction of immigration no longer being the guiding rule of the day, expect the cases that were previously denied due to trivial and non-material issues, or which were not given opportunity to clarify and justify misunderstandings now should receive a fairer hearing, and the approval rate should rise accordingly..

#5 Fee increase to be adjusted downwards

USCIS does not receive taxpayer dollars to pay for its operations. Instead it is self funded by the fees it charges immigrants. Originally to be effective on October 2, USCIS had requested an overhaul of its fee structure. The fees for some applications such as green cards and US citizenship went through the roof, they increased tremendously.

At the moment, this fee increase is temporarily on hold, halted by a court injunction.

The new fees requested are calculated based on what USCIS feels is needed to pay for its operations. I expect that under the Biden Administration the future, “user friendlier” USCIS, will find that since less time and energy is wasted, deliberately trying to obstruct the immigration process, that their operations will be more efficient, and less costly. Once the cost accountants do the math again, the fee increases needed may be found unnecessary, or only a smaller increase is needed.

#6 End to “Trump” or “Muslim” Travel Ban

The so-called “Muslim ban” that bans the issuance of visas to the USA from citizens of 15 countries, Chad, Eritrea, Iran, Iraq, Kyrgyzstan, Libya, Myanmar, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela and Yemen will be lifted.

#7 Public Benefits “wealth test” Dropped

The most effective stumbling block to Legal immigration, to come out of the Trump administration was the broadening of the definition of what constitutes a public benefit. This new definition has been used to make it much more difficult for an immigrant to be deemed eligible to receive a green card and permanent residency in the USA. Not only are applicants required to prove that they never received public benefits, but must also convince the officer that in the future, no matter what happened, they would not possibly, conceivably, never, ever need public benefits forever into the future. This “wealth test”, and it’s extremely complicated resulting application paperwork will be removed or at very least greatly relaxed.

How Soon for these changes to happen ?

Immigration is not a hot-button issue for President-elect Biden as it was for President Trump. After the first few popular and headline grabbing executive orders are announced, namely dropping of the “muslim ban” and :”wealth test”, and appointment of a new USCIS Director, the rest of the job to reverse  the “Trump effect” will most likely be left in the hands of the newly appointed USCIS management.

We all hope President-elect Biden chooses the new USCIS Director well. This choice will determine how fast and how well the intricate unraveling of so many changes, procedures, policies and overall mentality that the Trump administration injected into US immigration takes place.

It’s going to take time. It may take years, and perhaps more than one administration to get back to where we once were.

Covid Vaccinations required for US Immigration

US requires Covid Vaccinations for Immigration

Starting October 1, 2021 Applicants for immigration visas to the USA such as CR1 spouse and CR2 Dependent visas and including those who arrive on a K1 fiance visas who after marriage apply for adjustment of status, to get Green Cards, must all have approved Covid vaccinations

Update: DOS has amended their policy. Now K1 visa applicants must show proof of covid vaccinations at their consular medical, not only after arrival when applying for adjustment of status.

And if multiple vaccinations are required,

all must be administered before the granting of Visa or Green Card.

Not only the Pfizer, Moderna Johnson & Johnson vaccinations approved for use in the USA will be acceptable but any covid vaccination that is approved for emergency use by the World Health Organization (WHO) will also be acceptable.

Alternative vaccines such as AstraZeneca,  Covishield and Covaxin, Sputnik, Sinopharm and Sinovac, among others are currently acceptable to meet the vaccination requirement.

If the appropriate vaccines are not available, or not age-appropriate, such as for children under 12, or are medically inadvisable due to allergic reactions or other medical issues, an automatic waiver is granted.

This will be handled by the Clinic providing consular medicals, or the USCIS civil surgeon in USA while confirming vaccinations.

If the application has moral or religious objections she or he will need to apply for waiver, which would be granted or denied at US immigration’s discretion

This was Fred Wahl, The VisaCoach,
here to personally guide you on this journey.

 

US Embassy Manila Working to Clear Covid Backlogs

2022 US Embassy Manila Working Full Speed!!

During the height of the Covid pandemic, th US Embassy in Manila curtailed their operations, shuttering their doors, and ceased visa processing.

This lasted about a year and a half. Cases destined for interviews in Manila, piled up, higher, higher, and higher.  The State Department’s National visa center (NVC) which normally would hold onto a case for a very short time, before shipping it to Manila, instead held onto the cases,
Stockpiling them in New Hampshire. By the end of 2021 almost 18 months of pending cases awaiting to be shipped and eventually processed in Manila were stockpiled at NVC.

While closed, the US Embassy in Manila, promised that once quarantines were lifted, and travel to and from the Philippines was no longer restricted, it would import extra staff, open more desks and work diligently to clear the backlog.

US Embassy Manila has KEPT it’s promise !!

In February  2022 the Philippines reopened and tourists from around the world could the country again. They came for tourism, and to rekindle their in-person relationships with partners who they had endured enforced separation from during the Covid Pandemic.

The US Embassy, as promised, recruited more staff, more contractors, more officers capable of interviewing visa applicants. They have been working long hours. First interviews are scheduled at 6:30 am. progress to clear the backlog have been made. Hopefully within 6 to 12 months they will have caught up.

Trump Re-election: 2025 Effects on Fiance + Spouse Visa, Green Card Immigration

Effects of President Trump’s reelection on Marriage based immigratin, K1 Visas, CR1 Visas, and Green Cards

While President Trump’s specific immigration policies for his second term remain unclear, his past actions and statements give us a good idea on what to expect.

Our Country is Full

His 2019 tweet, “Our Country is Full,” and the numerous executive orders on immigration issued during his previous administration suggest there will be continued efforts to RESTRICT immigration.

While there is a lot of talk about building a wall on the border, deportation of illegals, changes to DACA and De-naturalization of Naturalized Citizens, and so on, this video is about the potential changes that may effect those applying for their fiancé‘s, spouses, and immediate family members.

I am Fred Wahl, the VisaCoach, I personally work with you preparing for you the forms and documents needed to bring your loved ones home to the USA, and unlike those common second rate services that abandon you once your application has been submitted I remain with you providing support throughout this complicated immigration journey.

I specialize in Marriage Based immigration. This is helping you get your partner, either fiance or spouse to the USA, and then obtaining lawful residency so that she or he can remain with you permanently in the USA.

This video is for those with a case in process or who plan to apply for a K1 Fiance Visa, a CR1 or IR1 Spouse visa, or a Green Card for your foreign partner. And please watch till the end, when I suggest proactive steps you can take now, to better weather any storm ahead.

Now, lets talk about the Potential Effects of President Trump’s reelection on K1 Visa, CR1 Visa, and Green Card Immigration

During President Trump’s last term, he signed 220 executive orders. Many on immigration.  President Biden revoked 71 of these orders, mostly right after he began his term of office.

I expect that most of immigration executive orders that President Trump had issued and which were revoked are now being dusted off, re-written in a way to make them less likely to be overturned (based on past experience) and readied to be reissued soon after his inauguration on January 20.

Travel Bans

Last time President Trump put a freeze on the issuance of visas for travelers from Eritrea, Iran, Kyrgyzstan, Libya, Myanmar, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela and Yemen

If this happens again, and your partner is from one of these countries, you may suffer years of extra waiting before your partner can join you in the USA.

Vigorous Enforcement of Immigration Laws

President Trump mandated that USCIS vigorously enforce and administer immigration laws, take no short cuts.

“We have to get much tougher, much smarter, and less
politically correct,”   President Trump said.

What this means is that immigration officers will very closely examine
and scrutinize all cases looking for reasons to deny. This will cause
delays in processing, and a greater percentage of denied cases.

Increased Requests for Evidence (RFEs)

When a case is being processed at USCIS, the USCIS reviewing officer examines the contents of each application determining an applicant’s eligibility. Sometimes a required document might be missing.  If so, then the officer issues an RFE (request for evidence) asking for the missing item allowing the applicant 87 days to respond.

During the previous Trump Administration, USCIS issued two or three times more RFE’s than we had experienced at any prior time. Often these were for trivial reasons. The only apparent reason for such ‘nitpicking” was to cause
a systemic slowdown to all case processing.

Extreme Vetting

During the last Trump Administration, proposed Extreme Immigration Vetting, where during consulate interviews, applicants were asked to hand over their phones so that their contact list and photos could be examined by the embassy or consulate and to provide social media usernames and passwords for examination of an applicant’s private and public posts.

Proposed last time, but not put into effect then was to require applicants to provide 15 years’ worth of travel, employment and address history, up from the current 5 years, and to institute an “ideological test” on the applicant’s view of society, culture and the USA.

Stricter Public Benefits/Financial Eligibility Rules

To sponsor your Fiance, Spouse or other family member, you must demonstrate that you have adequate income so that your increased household size with the addition of your foreign partner will never need to receive government assistance, Welfare, so called Public Benefits.

In practice if you as a sponsor are currently receiving “cash” type welfare benefits, such as food stamps, or SSI, you are already ineligible to sponsor your family member.

Last time President Trump pushed to widen the definition of who was ineligible due to receiving Public Benefits. He proposed adding anyone receiving “non cash:” type welfare benefits, such as Medicaid, Supplemental Nutrition Assistance Program, Medicare Part D Low-Income Subsidy Program, and subsidized housing programs such as Section 8.

In addition to making more CURRENT recipients of public assistance ineligible, it was also proposed to exclude those who had EVER in their lives previously received such benefits. After all, the theory went “those who had needed assistance once, are more likely to need it again”.

This proposal did not pass Congressional approval last time. However, last time it was a Democratic majority Congress President Trump had to deal with.

This time is vastly different. This time President Trump is entering office with a popular mandate and Republican control of both houses of Congress. What he could not get enacted last time has a much better chance of approval this time around.

Focus on “Best and Brightest”

Similarly, proposed but failed last time were plans to change eligibility requirements to include whether a prospective immigrant has the “education, experience and health to be a successful member of US society”

Mandatory Interviews

After your fiancee has arrived on his/her K1 fiance visa, after the wedding, for your partner to remain in the USA, we apply to adjust your new spouse’s status from a visitor to a permanent resident.

Officially this process ends with an in-person interview for both you and your partner to meet with an officer who asks potentially intrusive
questions about your private lives, to assess in his opinion whether your marriage is “bona fide” or a “sham for immigration purposes”. A similar interview is held two years later for those who were issued temporary
“conditional” green cards.

The official process is, each K1 Fiance couple is interviewed twice, a CR1 Spouse couple once.

In current practice, if an application contains the evidence that the USCIS reviewer requires and convincingly demonstrates a “bona fide” relationship, often the USCIS reviewing officer, uses his discretion, reduces his/her  workload,  by approving the green card,  outright, waiving the interview requirement.

Here at VisaCoach, it is our policy is to always “Front Load” our petitions with well chosen, good quality evidence. This has resulted in the majority of our cases having their interviews waived.  At this is our client’s experience when President Trump is not in office.

President Trump’s previous executive order to USCIS instructed USCIS to never, never waive any interview. USCIS was ordeed to conduct interviews in each and every case, regardless of the officer’s opinion that an interview would be unnecessary. This executive order, when issued again, will further contribute to lengthening of USCIS processing times.

USCIS Delays and slower, processing times

The combined effect of these various executive orders of more rules, more restrictions, stricter requirements, will result in slower processing, delays and denials.

Higher Eligibility Standard for US Citizenship

During the last Trump Administration the Civics Test that a prospective citizen must pass was revised to a more rigorous exam, additional questions were added and a higher passing score required.  This stricter requirement was revoked by the then Democratic Congress.  Expect this order to returned, and the application process to become a US Citizen made more difficult.

Restrictions on Family-Based Immigration

A very troubling proposal is to reduce who US Citizen is allowed to sponsor to immigrate to USA.  Today a US Citizen is allowed to  sponsor his/her spouse and children, and also parents and siblings. The proposal being considered is to REMOVE parents and siblings from the eligibility list. If issued, no longer can a US citizen apply to bring  his/her mother/father, brother or sister to immigate to the USA.

Stricter Financial Eligibility Requirements

To sponsor your family member to immigrate to USA,  you are required to demonstrate your Financial Eligibility for marriage based immigration, to prove you have sufficient income,  keep your family member and your household from needing any public benefits.  Usually the proof required is only confirmation of employment income,  by presenting Tax Returns, and Pay Stubs. Proposals have been made to also require the sponsor to demonstrate adequate financial assets as well as insurance coverage.

What can you do?

Submit Before Rules Change

If eligible for US citizenship, or residency, apply as soon as possible, preferably  prior to January 20. This ensures that your case is processed under current rules and regulations.

Same applies If you are planning to apply for a fiance, spouse, son, daughter, mother, father, brother, and or sister. Get that application submitted and in process, ahead of any potential policy changes.

Strengthen your Financial Evidence

Maximize your income, while minimizing deductions on your 2024 tax return.  USCIS focuses on the line on your tax return labeled “Adjusted Gross Income”. If this number is below the Financial Eligibility Requirement, you will be required to find a co-sponsor, or if unable to find one, denied your application.  Find ways to maximize your “Adjusted Gross Income”. Do not “over deduct”.  Save the deductions for future years after the immigration process is behind you.

Schedule Interview Before Rules Change

If you have a pending Consular or USCIS interview,  try to schedule it as soon as possible, preferably to take place before January 20. This may help you avoid potential delays caused by policy changes.

Hire VisaCoach

Don’t go it alone. Seek professional guidance. There are “complicated” immigration times ahead.  Allow me to personally guide you on this journey.

This was Fred Wahl, The VisaCoach,

Philippines Spouse Visa Cases Expedited

NVC Expedites Spouse Visa Cases to Manila

Spouse visa Applicants from the Philippines due to a backlog at the US Embassy in Manila caused by a higher than normal influx of cases, caused by faster processing times at USCIS, overwhelmed the consulate’s capacity to schedule interviews. This led to significant delays. In response to the backlog, the National Visa Center (NVC) decided to “expedite” cases

The normal process for a spouse visa is that one’s case is first submitted to USCIS (United States citizenship and immigration service). 

USCIS reviewers process a spouse case and once satisfied, forward it to the State Department’s National Visa center (NVC).

The US sponsor then submits to NVC his or her financial documents, and the spouses civil documents and police clearances. NVC reviews these and when satisfied that the applicants documents are complete, they advise the applicants they are “documentarily qualified”.

Soon after NVC staff directly contacts the US consulate in the spouse’s country to schedule the interview. 

Once the appointments confirmed, NVC transfers the cases to the foreign consulate while at the same time sending the couple an email advising them of the time and date for their consulate interview.

This is how the process should work. 

But for spouse visas for Filipino beneficiaries, this system has broken down this year.

Earlier this year, I announced that USCIS had hired new staff, and due to the addition of new staff they had been processing fiancés Visa cases much more quickly than usual. 

During 2023 USCIS had taken about 15 months to process a fiancé visa case, whereas with the influx of new staff many cases were approved by USCIS five times faster than previously, many in only three months!

That was good news for the applicants who had applied for fiancé visas. 

But, that good news, had unintended consequences.

The speed at which USCIS pushed out cases that later ended up at consulates for their interviews virtually a year earlier than originally planned, created a log jam.  Three times as many cases were now chasing the limited available interview appointment times.

A consulate that was staffed to conduct X number of cases a  month,  suddenly was faced with three times as many applicants asking for interviews. 

And until additional manpower could be recruited and transferred from the USA, the backlog of those waiting for interviews kept piling up.

This was especially felt at the US Embassy in Manila. 

This embassy is the busiest of all the US Embassies in the world. 

Suddenly, with a much larger than usual influx of cases needing interviews, the consulates appointment calendar was overwhelmed. 

Applicants who normally had to wait only a few months to get an appointment date. Now we’re waiting half a year and longer.

Now let’s return to NVC. Clerks of NVC reached out to the consulate in Manila asking for dates for spouse visa interviews. 

Instead of being given dates, they were put on hold. 

Next month the clerks now with twice as many cases on hold reached out to Manilla again to schedule the interviews and again were put on hold, rinse and repeat. 

Finally, after 6 to 9 months of cases that should have departed NVC, still just piling up at NVC, awaiting an appointment date. 

NVC gave up trying to coordinate with the Embassy to book appointments directly.

NVC has given up, and has decided to kick the problem over to Manila. They have cleared their pile of hundreds of backlogged cases by transferring them to the Embassy in the Philippines without waiting any longer to schedule the interview for the applicants.  

Once the cases have been shipped out, NVC have emailed each couple advising them of the good news “their cases have been expedited”.

I view this as good and bad news. The bad news is the State Department’s internal communications have failed. 

Routine coordination between NVC and the consulate has broken down. This is a professional management issue I hope they find a way to resolve going forward.

The good news is that for each spouse visa applicant there now is activity on the their case.

Yes, now the client is going to be battling with a scrum of other applicants all struggling to score a limited appointment time. 

But at least the different type of frustration of simply having to wait and being helpless is over.

For most hearing from NVC that one’s case has been shipped to, “expedited”, to Manila is good news, 

Though hearing from NVC that one has a confirmed interview date would’ve been better news.

In the meantime, Visacoach is working with our Filipino spouse visa clients, to prepare for their interviews to bring their partners home to the USA

Extreme Vetting and Visa Ban Trump

Trump 2025: Extreme Vetting and new Visa Ban

On the day that President Trump was sworn in as 47th President, He signed 25
executive orders. While he addressed many agenda items including De-weaponizing the Justice Department and Reducing Government waste, he also signed executive order 14161,”Protecting the United States from foreign terrorists and other National security and public safety threats” which will affect marriage based immigration clients, those who are hoping to sponsor their fiancees and spouses to immigrate to the USA.

On President Trumps first day in office< January 20, 2025 he signed “Protecting the United States from foreign terrorists and other National
security and public safety threats” .

During his previous term, President Trump had issued executive orders,  commanding US immigration to ban nationals of certain countries from being allowed visas to the USA, the so called “Muslim Ban”, and to conduct a thorough review of the eligibility and backgrounds, of any aliens appling to enter the USA,
so called “Extreme Vetting”

When President Biden was sworn in, his first day in office, he rescinded those orders. Now on DAY 1 of President Trumps new term “Extreme Vetting” is back, and a ban on some foreign nationals is under review by the State Department and may be implemented soon.

The first section of the executive order instructs US immigration to take action in

(i) identifying countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries

Under the previous Trump administratin, the following countries were affected: Eritrea, Iran, Kyrgyzstan, Libya, Myanmar, Nigeria, North Korea, Somalia,Sudan, Syria, Tanzania, Venezuela (government officials only) and Yemen

The State Department has been asked to identify which countries should be fully or partially banned and report this back to President Trump.

The US State Department has not officially released it’s recommendations yet, however a draft of the memo that is being prepared has been leaked.

The memo lists a total of 41 countries divided into three separate groups.

Red List: Of countries recommended for full visa suspension.

Orange List: Of countries recommended for partial suspensions

Yellow List: Of countries recommended for partial suspension, if their governments
do not make efforts to address deficiencies within 60 days

The countries on the Red list facing Full visa suspension are:

Afghanistan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, Yemen

The countries on the Orange list facing Partial visa suspension are:

Eritrea, Haiti, Laos, Myanmar, South Sudan

The countries on the Yellow list, also facing partial suspension, IF their governments do not address deficiencies:

Angola, Antigua and Barbuda, Belarus, Benin, Bhutan, Burkina Faso, Cabo Verde, Cambodia, Cameroon, Chad, Democratic Republic of the Congo, Dominica, Equatorial Guinea, Gambia, Liberia, Malawi, Mauritania, Pakistan, Republic of the Congo, Saint Kitts and Nevis, Saint Lucia, Sao Tome and Principe, Sierra Leone, East Timor, Turkmenistan, Vanuatu

It’s unclear yet exactly what “partial suspension” of visa issuance means. It might mean only non-immigrant visas such as visitor and studant visas, and may or may not affect fiance or spouse visas.

It’s also unclear whether aliens who have already been issued visas will be affected, whether or not those with valid visas will lose permission to enter the U.S. or if already here will be required to leave.

The State Department memo has yet to be approved by the administration, including the US secretary of State, Marco Rubio,

Changes, and amendments, and the fleshing out of details are underway.For what finally will be ordered, We shall have to wait and see.

In addition to assigning the State Department their homework to make banning recommendations there are two other sections of the executive order, that have already taken affect and have begun to affect visa applications that are in process.

This is the renewal of Extreme Vetting..

The US State Department has been ordered to:

(iii) re-establish a uniform baseline for screening and vetting standards and procedures, consistent with the uniform baseline that existed on January 19, 2021, that will be used for any alien seeking a visa or immigration benefit of any kind; and

(iv) vet and screen to the maximum degree possible all aliens who intend to be admitted, enter, or are already inside the United States, particularly those aliens coming from regions or nations with identified security risks.

January 19, 2021 is noteworthy as it was the last day of President Trump’s first office. That was the last day his previous order for Extreme Vetting was in effect, until the following day when President Biden took office and immediately rescinded the order.

How “extreme vetting” worked before, was that visa applicants and travelers were subjected to to a range of invasive measures , such as requiring Applicants to

1. Hand over their phones so that contact lists and photos could be examined by embassy or consulate staff

2. Share their social media handles and passwords so that both private and public posts can be viewed.

3. Disclose their previous 15 years’ worth of travel history, employment history and addresses

4. Pass an “ideological test” on their view of society, culture and USA.

From President Trumps speech in 2023 “If you empathize with Radical Islamic terrorists and extremists, you’re DISQUALIFIED. If you want to abolish the state of Israel, you’re DISQUALIFIED. If you support Hamas or the ideology behind Hamas, you’re DISQUALIFIED. And if you’re a Communist, Marxist, or Fascist, you are DISQUALIFIED.”

What is going to happen?

Visa Banning: if it affects the country and and visa you are applying for, will put your case immediately on hold. And that hold might last as long as President Trumps current term of office lasts.

Extreme vetting: expect the application process for ALL immigration to the USA to get more complicated.The reviewers at USCIS and the State Department already have started to add more issues to review and need to make more determinations about,

The overall process will slow and we can expect eligibility requirements to be tightened, that additional and new disclosures,documentation and evidences to be required.

During processing, expect each reviewing officer to “nit pick” your case, As happened during the last Trump Administratin, many more RFE’s,(Requests for Evidence) that normally USCIS would have considered “frivolous” and not issued, will now be regularly issued.

This will cause more work for all concerned, and more delays.

While “extreme vetting” effects everyone, adding months of delays. Having your partners country banned, may add years to your case,