DOS Cable: T and U Visa Changes

"1. Summary: In March 2013 Congress enacted several changes to the William Wilberforce Violence Against Women Act (VAWA) & Trafficking Victims Protection Reauthorization Act of 2008(TVPRA) that affect T and U visa eligibility. T visas are designed for victims of trafficking in persons, which...

DOS Cable on DOMA

"UNCLASSIFIED STATE 00112850 AUG 13 SUBJECT: NEXT STEPS ON DOMA - GUIDANCE FOR POSTS 1. On June 26, 2013, the Supreme Court held Section 3 of the Defense of Marriage Act (DOMA) unconstitutional. That decision has many immigration-related implications for same sex couples. 2. Beginning...

DOS Hangout Today 1:00 P.M. EDT on Visa Processing for Same-sex Couples

"Last week, Secretary of State John Kerry announced that the Department of State would begin processing visas for same-sex couples in the same manner that it considers applications for opposite-sex spouses. On Thursday, August 8 at 1 p.m. EDT, the Department will host a Google+ Hangout to discuss...

DOS Cable: Supplemental Guidance for Processing I - 601a Provisional Unlawful Presence Waivers

"As announced in Ref A, 9 FAM 40.92 has been updated with information and guidance to consular officers related to a new final rule permitting certain immediate relatives of U.S. citizens to apply to the United States Citizenship and Immigration Service (USCIS) for an I-601A provisional waiver of...

DOS Cable: DS-260 Worldwide Deployment

"Effective September 1, 2013, the DS-260 Immigrant Visa Electronic Application and the DS-261 (Choice of Address and Agent) will replace the paper-based DS-230 Application for Immigrant Visa and Alien Registration (parts I and II) and the DS-3032 (Choice of Address and Agent). This message describes...

DOS Cable on DV-2015

UNCLASSIFIED STATE 00131870 SEP 13 SUBJECT: 2015 DIVERSITY IMMIGRANT VISA PROGRAM (DV-2015)

DHS, DOS to Amend Policies re False Claims by Minors

By letters to Senate Majority Leader Harry Reid, DHS and DOS state they will amend the AFM and the FAM to reflect the following position: (1) Only a knowingly false claim can support a charge that an individual is inadmissible under section 212(a)(6)(C)(ii) of the Immigration and Nationality Act....

DOS Cable: USING DS-160 FOR K VISA APPLICATIONS

"Effective immediately, the DS-160 Nonimmigrant Visa Electronic Application will replace the DS-156 Electronic Visa Application form (EVAF), the DS-156K (Nonimmigrant Fiance Visa Application), and the paper-based DS-230 Application for Immigrant Visa and Alien Registration (parts I and II) for processing...

DOS Transitions to DS-160 for K Visa Applications

"Effective immediately, all K visa applicants are required to complete the DS-160 Online Nonimmigrant Visa Application. The DS-160 replaces forms DS-156, DS-156K, and DS-230. For K visa cases already in process at a U.S. embassy or consulate, the DS-160 is not required when, prior to October 7,...

News Excerpts From the Nov. 15, 2013 Bender’s Immigration Bulletin

Report Faults Procedures for Issuance of NTAs | On October 22, 2013, the Center for Immigrants’ Rights at Pennsylvania State University Law School released a report criticizing various practices related to the issuance of Notices to Appear in removal proceedings. Based on a survey and documents...

Advance Copy of State Department Final Rule

"This final rule creates a regulatory exception to visa restrictions under applicable laws providing for such an exception, in order to permit compliance with the Agreement between the United States and the United Nations Regarding the Headquarters of the United Nations (UNHQA), signed at Lake Success...

State Department Final Rule: Regulatory Exception

Regulatory Exception to Permit Compliance With the United Nations Headquarters Agreement and Other International Obligations and Clarification of the Definition of ‘‘Immediate Family’’ for Certain Nonimmigrant Visa Classifications - Federal Register / Vol. 78, No. 215 / Wednesday...

Advance Copy of DOS Final Rule: New T-6 Visa Classification

"This rule is being promulgated to add a new visa classification symbol to the nonimmigrant classification table in our regulations. This amendment is necessary to implement legislation that created an additional nonimmigrant classification as described herein. ... Section 1221 of the Violence Against...

State Department Final Rule: New T-6 Visa Category

"Section 1221 of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4) amended Section 101(a)(15)(T)(ii)(III) of the Immigration and Nationality Act by adding a derivative ‘‘T’’ visa class. The T–6 visa would be available to eligible adult and...

DOS Cable: POLICY CHANGE RELATED TO CHILDREN BORN ABROAD THROUGH ASSISTED REPRODUCTIVE TECHNOLOGY

"There has been a recent policy change related to children born abroad through assisted reproductive technology (ART). The previous policy required that a mother have a genetic connection to a child in order to qualify as a parent for the purpose of obtaining immigration benefits. Under the new...

Advance Copy of DOS Final Rule: No Petition Needed for TN Visa for Mexicans

"The Department of State amends its regulation pertaining to The North American Free Trade Agreement (NAFTA), by removing the petition requirement for citizens of Mexico applying for nonimmigrant visa classification as NAFTA professionals. The rule reflects changes to documentary requirements authorized...

DOS Final Rule: No Petition Needed for Mexican TNs

"The Department of State amends its regulation pertaining to The North American Free Trade Agreement (NAFTA), by removing the petition requirement for citizens of Mexico applying for nonimmigrant visa classification as NAFTA professionals. The rule reflects changes to documentary requirements authorized...

Transmission of American Citizenship Through ART - Update: Gary Endelman & Cyrus D. Mehta

"The Department of State has announced a major and most welcome policy shift to facilitate the transmission of American citizenship to children born outside the United States using Assisted Reproductive Technology (ART). It will no longer be necessary in all such cases for the “mother “to...

DOS Issues Country Reports on Human Rights Practices for 2013

"I hereby transmit the Department of State’s Country Reports on Human Rights Practices for 2013 to the United States Congress." John F. Kerry Secretary of State, Feb. 2014 .

DOS Final Rule: Waiver by Joint Action of Visa and Passport Requirements for Members of Armed Forces and Coast Guards of Foreign Countries

"The Department of State is amending its regulations regarding the waiver by joint action of consular and immigration officers of visa and passport requirements for members of foreign armed forces and coast guards. Specifically, the regulation, as amended, removes the current list of countries whose...

DOS Cable on DV-2015 - May 2014

"Beginning with DV-2015, all diversity visa (DV) applicants must submit the electronic DS-260 “Immigrant Visa and Alien Registration Application” accessible through the Consular Electronic Application Center (CEAC). The DS-260 will be ready for applicants to use on May 19. The Kentucky...

DOS Releases Asylum Country Profiles to Settle FOIA Lawsuit

CATHOLIC CHARITIES OF WASHINGTON DC IS PLEASED TO ANNOUNCE THAT THE DEPARTMENT OF STATE RELEASES 15 “ASYLUM COUNTRY PROFILES” TO SETTLE A FOIA LAWSUIT On June 16, 2014 David L. Cleveland wrote: "The Department of State recently released 15 “Asylum Country Profiles” to...

News Excerpts From the Aug. 15, 2014, Bender’s Immigration Bulletin

New USCIS Director Testifies Before Congress | On July 29, Leon Rodriguez, the new director of U.S. Citizenship and Immigration Services, testified at an oversight hearing before the House Judiciary Committee. Rodriguez became USCIS director on July 9. In his written testimony, available at http...

Advance Copy of DOS Interim Final Rule: Visa and Citizenship Services Fee Changes

"The Department of State amends the Schedule of Fees for Consular Services (Schedule) for certain nonimmigrant visa application processing fees, certain immigrant visa application processing and special visa services fees, and certain citizenship services fees. More specifically, the rule amends...

DOS Interim Final Rule: Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates - Visa and Citizenship Services Fee Changes

"The Department of State amends the Schedule of Fees for Consular Services (Schedule) for certain nonimmigrant visa application processing fees, certain immigrant visa application processing and special visa services fees, and certain citizenship services fees. More specifically, the rule amends...