Visa Processing

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Document Date
Executive Order Entry Ban Litigation Updates This resource focuses on the litigation surrounding the litigation arising out of Proclamation 9645 of September 24, 2017 (Travel Ban 3.0). Mar 07, 2018
Practical Immigration Concepts in a Time of Change A structural approach can help in the process of considering change. Here is a suggested structure to think about. Feb 22, 2018
National Vetting Center On February 6, 2018, President Trump signed a National Security Presidential Memorandum (NSPM 9) to establish a National Vetting Center whose principal role will be to improve the way agencies coordinate and use biographic, biometric, and contextual information from various pre-existing sources. Feb 07, 2018
U.S. and Turkey Suspend Nonimmigrant Visa Services On December 28, 2017, the U.S. diplomatic mission in Turkey announced that political conditions in that country had improved so as to "allow for the full resumption of visa services in Turkey." Because of the prior full and partial suspension of visa services earlier in Fall 2017 (see Background, below), demand for visa appointments may result in delays in obtaining a visa appointment, however. Jan 02, 2018
Indefinite Entry Bar Under Executive Order On September 24, 2017, President Trump issued a Proclamation pursuant to Section 2(e) of Executive Order 13780, designating eight countries for partial or full restrictions on entry to the United States. The restrictions are country-specific, and tailored to the situation of each individual country. Dec 11, 2017
6 March 2017 Presidential Memorandum on Heightened Screening, Vetting, and Enforcement March 6, 2017, President Trump issued a Presidential Memorandum to the Secretary of State, the Secretary of Homeland Security, and the Attorney General with the subject line: Implementing Immediate Heightened Screening and Vetting of Applications for Visas and Other Immigration Benefits, Ensuring Enforcement of All Laws for Entry into the United States, and Increasing Transparency among Departments and Agencies of the Federal Government and for the American People. 81 FR 16279. Oct 26, 2017
Implementation of Enhanced Security Standards for Flights Destined to the United States

On October 26, 2017, airlines worldwide were required to satisfy new levels of security for flights destined to the United States, which will likely add time to the flight check-in and pre-flight security processes. U.S. and foreign travelers bound to the United States should contact their airline to determine if the airline has changed its recommendation on how soon before a flight passengers should arrive at the airport.

Oct 26, 2017
DOS Expands Presumption of Misrepresentation Rule to 90 Days Effective August 1, 2017, the Department of State (DOS) revised its Foreign Affairs Manual (FAM) guidance on how consular officers should make determinations of inadmissibility under INA 212(a)(6)(C) based on a finding of willful misrepresentation. Under the revised FAM entry, a consular officer may presume there was a presumption of willful misrepresentation "if an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry." The prior rule had specified a 30-day period. Oct 05, 2017
90-Day Travel Ban on Six Countries Under Executive Order 13780 Section 2(c)

The partially reinstated 90-day travel ban will be instituted on Thursday, June 29, at 8:00 PM, EDT. A Department of State cable provides detailed instructions to consular officers on the implementation. This follows a June 26, 2017 U.S. Supreme Court decision that partially granted the government's request to stay the preliminary injunctions on the 90-day travel ban that had been issued by U.S. District Courts in Maryland and Hawaii. The Supreme Court decision, however, only partially restores the 90-day travel ban. The lower courts' injunctions on the ban remain intact for individuals "who have a credible claim of a bona fide relationship with a person or entity in the United States." Most students, exchange visitors, and employment-based nonimmigrants should be able to meet this condition, and should therefore continue to be protected from the 90-day ban.

Sep 22, 2017
Suspension of Nonimmigrant Visa Operations in Russia The U.S. diplomatic mission to Russia announced on August 21, 2017, that "Due to the Russian government-imposed cap on U.S. diplomatic personnel in Russia, all nonimmigrant visa operations across Russia will be suspended on August 23. Nonimmigrant visa operations resumed in Moscow on a reduced scale on September 1, 2017, but visa operations at the U.S. consulates remain suspended indefinitely. Note that DOS is not revoking visas that have already been issued. Sep 13, 2017
Discontinuance of Visa Issuance Under INA 243(d) The Trump administration has invoked INA 243(d)  against Cambodia, Eritrea, Guinea, and Sierra Leone, resulting in partial discontinuance of visa issuance at consular posts in those countries until they begin accepting their repatriated citizens to the satisfaction of the United States. Sep 13, 2017
Stricter F-1 Residence Abroad Language in FAM On August 8, 2017, DOS revised its FAM guidance on assessing residence abroad for F-1 students, by removing helpful prior language that had encouraged consular officers to consider the "inherent difference" between a young F-1 visa applicant and a short-term B visa applicant. The new FAM entry now applies the standard nonimmigrant residence abroad FAM entry of 9 FAM 401.1-3(F)(2) to F-1 students as well. Sep 12, 2017
Form DS-5535, Supplemental Questions for Visa Applicants DOS implemented Form DS-5535, Supplemental Questions for Visa Applicants, to standardize the collection of additional information from immigrant and nonimmigrant visa applicants "who have been determined to warrant additional scrutiny in connection with terrorism or other national security-related visa ineligibilities." Aug 03, 2017
DOS Implementation Cable On Partially Restored Travel Ban DOS cable instructs consular officers on policies and practices to implement the portions of Executive Order 13780 that had been blocked by court order but were partially reinstated after the Supreme Court's June 26, 2017 opinion. Jul 18, 2017
DOS Cable on EO 13780 Improving Information Sharing with Foreign Governments July 12, 2017 Department of State sent to consular offices worldwide, to implement the processes called for by sections 2(a), (b), (d), and (e) of Executive Order 13780. Section 2(e) of Executive Order 13780 establishes a possible "indefinite" entry bar that could apply to any country that is unwilling or unable to provide the United States with the information that it decides is needed "in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat." Jul 16, 2017
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