In 2019, the monthly average of immigrant visa cases pending at the National Visa Center (NVC) waiting for an interview was 60,866. Two years later, those numbers have skyrocketed, with the NVC reporting 506,221 immigrant visa applications awaiting interviews in June 2021– an approximately 732 percent increase.

As the NVC confirmed in the February 2021 meeting with the American Immigration Lawyers Association (AILA), the NVC continues to schedule cases only for posts that can conduct interviews.

DOS has thankfully expanded interview waiver eligibility for NIVs and consular posts are beginning to phase in more routine visa services as shown by the jump in both IV and NIV issuance in March and April 2021.

While things appear to be trending in the right direction, the restrictions brought on by the pandemic have created an enormous IV backlog that continues to rise. 

The US has said that it will reopen its borders to fully vaccinated travellers from 33 countries on 8 November.

In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind;
• Notices of Intent to Terminate regional centers; and
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.
• In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:
  • The form was filed up to 60 calendar days from the issuance of a decision we made; and
  • We made that decision anytime from March 1, 2020, through Jan. 15, 2022

Notice/Request/Decision Issuance Date:

This flexibility applies to the above documents if the issuance date listed on the request, notice or decision is between March 1, 2020, and Jan. 15, 2022, inclusive.

Response Due Date:

USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, we will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.

The Biden administration will lift travel restrictions starting in November on foreigners who are fully vaccinated against the coronavirus, reopening the country to thousands of people, including those who have been separated from family in the United States during the pandemic.

The foreign travelers will need to show proof of vaccination before boarding and a negative test for the coronavirus within three days before coming to the United States, Jeff Zients, the White House pandemic coordinator, said Monday.

“International travel is critical to connecting families and friends, to fueling small and large businesses, to promoting the open exchange ideas and culture,” Mr. Zients said. “That’s why, with science and public health as our guide, we have developed a new international air travel system that both enhances the safety of Americans here at home and enhances the safety of international air travel.”

The administration has restricted travel for foreigners looking to fly to the United States from a group of European countries, Iran and China for more than a year.

Unvaccinated Americans overseas aiming to travel home will have to clear stricter testing requirements. They will need to test negative for the coronavirus one day before traveling to the United States and show proof that they have bought a test to take after arriving in the United States, Mr. Zients said. The Centers for Disease Control and Prevention will also soon issue an order directing airlines to collect phone numbers and email addresses of travelers for a new contact-tracing system. Authorities will then follow up with the travelers after arrival to ask whether they are experiencing symptoms of the virus.

The changes announced on Monday only apply to air travel and do not affect restrictions along the land border, Mr. Zients said.

U.S. Citizenship and Immigration Services today announced that, effective Oct. 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record.

We are updating our policy guidance in accordance with the Centers for Disease Control and Prevention’s Aug. 17, 2021 update to the Technical Instructions for Civil Surgeons. That update requires applicants subject to the immigration medical examination to complete the COVID-19 vaccine series (one or two doses, depending on the vaccine) and provide documentation of vaccination to the civil surgeon before completion of the immigration medical examination. This requirement is effective Oct. 1, 2021, and applies prospectively to all Forms I-693 signed by the civil surgeons on or after that date. We are working on updating Form I-693 and the form instructions to incorporate this new requirement.

In general, individuals applying to become a lawful permanent resident, and other applicants as deemed necessary, must undergo an immigration medical examination to show they are free from any conditions that would render them inadmissible under the health-related grounds. USCIS designates eligible physicians as civil surgeons to perform this immigration medical examination for applicants within the United States and to document the results of the immigration medical examination on the Form I-693.

USCIS may grant blanket waivers if the COVID-19 vaccine is:

• Not age-appropriate;
• Contraindicated due to a medical condition;
• Not routinely available where the civil surgeon practices; or
• Limited in supply and would cause significant delay for the applicant to receive the vaccination.

USCIS Extends Evidence of Status for Conditional Permanent Residents to 24 Months with Pending Form I-751 or Form I-829.

Starting Sept. 4, 2021, USCIS is extending the time that receipt notices can be used to show evidence of status from 18 months to 24 months for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. We are making the change from 18 to 24 months to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year.

Conditional permanent residents who properly file Form I-751 or Form I-829 will receive a receipt notice that can be presented with their Form I-551, Permanent Resident Card (also known as a Green Card), as evidence of continued status for up to 24 months past the expiration date on their Green Card, while their case remains pending with USCIS.

Additionally, USCIS will issue new receipt notices to eligible conditional permanent residents who properly filed their Form I-751 or Form I-829 before Sept. 4 and whose cases are still pending. Those receipt notices will also serve as evidence of continued status for 24 months past the expiration date on their Green Card.

DON'T FORGET...... Those married with US citizens can file for Naturalization while their Removal of Conditions is still pending, and save a significant amount of time :-)

The National Visa Center (NVC) is currently issuing notices for all cases still on hold with the NVC prior to forwarding to the appropriate US Embassy or Consulate for visa stamping appointments. While this is normal for most immediate relatives consular cases, K-1 cases are now being included in these email updates. 

The updates do not provide a timeline, but do indicate that cases are ready to be forwarded automatically when the time comes. This effort is to calm fears of petitioners and beneficiaries that are swamping the NVC and Embassies with calls and emails about their cases that are on hold due to backlogs in normal processing from the Covid 19 pandemic and continuing issues from Covid Variants. 

Good News: Immediate relative petitions and K-1 petitions are being given higher priority, and in some cases additional consular posts are taking on new case types that they've not traditionally done. For example, the US Embassy in Mexico City is now handling K-1 visa cases even though these cases in the past were exclusively done through the US Consulate in Juarez Mexico. 

Bad News: Though the NVC and embassy/consular posts are improving their communication, it is still impossible to tell how long a wait will be for a visa stamping interview at a particular post. Hopefully time will be saved and more resources spent on conducting visa stamping interviews where petitioners and beneficiaries follow the advice issued in the NVC emails and refrain from contacting the NVC or embassy locations where notice has already been issued that their case is documantarily qualified. 

National Interest Exceptions for Immigrants and Fiancé(e)s

The Secretary of State determined that travel on an immigrant or fiancé(e) visa is in the national interest for purposes of granting exceptions under the geographic COVID proclamations. Immigrant Visa processing posts may now grant immigrant and fiancé(e) visas to applicants otherwise eligible, notwithstanding these proclamations.

Immigrant and K fiancé visa applicants present in South Africa, Brazil, the Schengen Area, the United Kingdom, the Republic of Ireland, the People’s Republic of China, and the Islamic Republic of Iran should review the website of the nearest embassy or consulate which processes immigrant visas to verify which visa services are currently available, as the volume and type of visa cases each post is able to process, given the ongoing impacts of the COVID-19 pandemic, will depend on local circumstances.  At posts where immigrant visa processing is available, immigrant visas will be prioritized in accordance with the Department’s guidance on the phased resumption of visa services. 

An embassy or consulate will resume adjudicating all routine visa cases only when it is safe to do so and adequate resources are available.  As local conditions improve, our missions will begin providing additional services, culminating eventually in a complete resumption of routine visa services.  We are unable to provide a specific date for when each mission will resume specific visa services.  Applicants should monitor embassy and consulate websites for updates on availability of visa services.

The US government is granting Venezuelans who are living in the US temporary protected status (TPS).

The decision will allow hundreds of thousands of Venezuelans the chance to stay and work in the US legally. It will apply to Venezuelans already residing in the US as of 8 March 2021 and be in effect for 18 months. Homeland Security Secretary Alejandro Mayorkas said that living conditions in Venezuela revealed "a country in turmoil".

Granting Venezuelans TPS had been one of US President Joe Biden's campaign promises.

Temporary Protected Status Designated Country: Venezuela

On November 19, 2020, the U.S. District Court for the District of Columbia enjoined the government from suspending K-1 fiancée visa adjudications for the named plaintiffs in Milligan v. Pompeo due to the geographic COVID-related Presidential Proclamations (P.P.s) 9984, 9992, 9993, 9996, and 10041.  These COVID-related geographic proclamations suspended entry into the United States of foreign nationals who had been physically present in the People’s Republic of China, Islamic Republic of Iran, Schengen Area, United Kingdom, Republic of Ireland, or Brazil in the 14-day period prior to their entry or attempted entry into the United States.  On January 25, 2021 President Biden signed P.P. 10143 continuing the suspension of entry of certain travelers physically present in the Schengen Area, the United Kingdom, the Republic of Ireland, and Brazil, and expanding restrictions to include travelers present in South Africa.  The restrictions on travelers physically present in the People’s Republic of China and the Islamic Republic of Iran also remain in effect.

K-1 visa applicants who are named plaintiffs in Milligan v. Pompeo and subject to a geographic proclamation should contact their nearest Embassy or Consulate for guidance on scheduling a visa interview.  While such applicants may, pursuant to the court order, be scheduled for a visa interview even though they are subject to a COVID-related geographic proclamation, the court order does not require that plaintiffs be given special priority ahead of other K visa applicants who have requested interviews or who already have been scheduled for interviews.  Even if issued visas, K-1 plaintiff applicants remain subject to the geographic P.P.s and, unless able to meet the criteria for an exception, are barred from entering the United States if they have been present in a country covered by a geographic P.P. in the 14 days prior to entry.  

K visa applicants who are not plaintiffs in Milligan v. Pompeo and who are physically present in a country covered by any of the COVID-related geographic proclamations (the People’s Republic of China, Islamic Republic of Iran, Schengen Area, United Kingdom, Republic of Ireland, Brazil, or South Africa) will not have their K visa application processed unless the applicant is eligible for a National Interest Exception.  K visa applicants who are physically present in a country covered by any of the COVID related geographic proclamations, who are not plaintiffs in Milligan v. Pompeo, and who are not eligible for a National Interest Exception cannot be issued a K visa and thus will not be scheduled for a K visa interview while the geographic proclamations remain in effect.  K fiancé visa applicants are not spouses of U.S. citizens and therefore are subject to the geographic proclamations.  

The resumption of routine visa services, prioritized after services to U.S. citizens, is occurring on a post-by-post basis, consistent with the Department’s guidance for safely returning our workforce to Department facilities.  U.S. Embassies and Consulates have continued to provide emergency and mission-critical visa services since March 2020 and will continue to do so as they are able.  As post-specific conditions improve, our missions will begin providing additional services, culminating eventually in a complete resumption of routine visa services.  Applicants should check the website of their nearest U.S. Embassy or Consulate for updates on what services that post is currently able to offer.

K visa applicants who are not plaintiffs in Milligan v. Pompeo and who are not subject to COVID-related geographic proclamations will continue to have their applications prioritized and processed in accordance with existing phased resumption of visa services guidance.  Please check the website of the Embassy or Consulate where you wish to apply to see what categories of visas are currently being processed.

Phased Resumption of Routine Visa Services for K-1 , IR-1, and CR-1 Visas

• The Department of State suspended routine visa services worldwide in March 2020 due to the COVID-19 pandemic.  In July 2020, U.S. Embassies and Consulates began a phased resumption of routine visa services.
   
• The resumption of routine visa services, prioritized after services to U.S. citizens, will occur on a post-by-post basis, consistent with the Department’s guidance for safely returning our workforce to Department facilities.  U.S. Embassies and Consulates have continued to provide emergency and mission-critical visa services since March and will continue to do so as they are able.  As post-specific conditions improve, our missions will begin providing additional services, culminating eventually in a complete resumption of routine visa services.
   
• We are unable to provide a specific date for when each mission will resume specific visa services, or when each mission will return to processing at pre-pandemic workload levels.  See each U.S. Embassy or Consulate’s website for information regarding operating status and which services it is currently offering.
   
• Our missions overseas continue to provide all possible services to U.S. citizens. More information is available on each post’s website.
   
• This does not affect travel under the Visa Waiver Program. See https://esta.cbp.dhs.gov/faq?focusedTopic=Schengen%20Travel%20Proclamation for more information.
   
• Applicants with an urgent matter who need to travel immediately should contact the nearest embassy or consulate to request an emergency appointment.  Contact information is on the embassy or consulate’s website.

FAQ

Q.  Which additional visa services are embassies/consulates beginning to provide?

• All of our missions are continuing to provide emergency and mission-critical visa services.  As post-specific conditions permit, and after meeting demand for services to U.S. citizens, our missions will phase in processing some routine immigrant and nonimmigrant visa cases.  Posts that process immigrant visa applications will prioritize Immediate Relative family members of U.S. citizens including intercountry adoptions (consistent with Presidential Proclamation 10014) fiancé(e)s of U.S. citizens, and certain Special Immigrant Visa applications.  Posts processing non-immigrant visa applications will continue to prioritize travelers with urgent travel needs, foreign diplomats, and certain mission critical categories of travelers such as those coming to assist with the U.S. response to the pandemic, followed by students (F-1, M-1, and certain J-1) and temporary employment visas (consistent with Presidential Proclamation 10052).  We expect the volume and type of visa cases each post will process to depend on local circumstances.  An embassy or consulate will resume adjudicating all routine nonimmigrant and immigrant visa cases only when adequate resources are available, and it is safe to do so.
   

Q.  What criteria are missions using to determine when to resume routine services?

• We are closely monitoring local conditions in each country where we have a U.S. presence. Local conditions that may affect when we can begin providing various public services include medical infrastructure, COVID-19 cases, emergency response capabilities, and restrictions on leaving home.
   

Q.  What steps are being taken to protect customers from the spread of COVID-19?

• The health and safety of our workforce and customers will remain paramount.  Our embassies and consulates are implementing safeguards to keep staff and customers safe, including implementing physical distancing in our waiting rooms, scheduling fewer interviews at a time, frequent disinfection of high touch areas, and following local health and safety regulations.
   

Q.  Do the various Presidential Proclamations/travel restrictions still apply, or are those lifting with the resumption of visa services?

• The five geographical COVID-19 Proclamations (P.P. 9984, 9992, 9993, 9996, 10041) and the two COVID-19 Labor Market Proclamations suspending the entry of certain aliens (P.P. 10014 and 10052) remain in effect.
   

Q: Is my situation an emergency? I need to go the United States immediately for X.

• Applicants can find instructions on how to request an emergency visa appointment at the Embassy or Consulate’s website.
   

Q.  What about my application fee that expired while routine services were suspended? 

• The Machine Readable Visa (MRV) fee is valid within one year of the date of payment and may be used to schedule a visa appointment in the country where it was purchased.  However, the Department understands that as a result of the pandemic, many visa applicants have paid the visa application processing fee and are still waiting to schedule a visa appointment.  We are working diligently to restore all routine visa operations as quickly and safely as possible.  In the meantime, the Department extended the validity of MRV fees until September 30, 2022, to allow all applicants who were unable to schedule a visa appointment due to  the suspension of routine consular operations an opportunity to schedule and/or attend a visa appointment with the fee they already paid.