Immigration Law

Recent Posts

FAM Adds Physical Presence and Residence Calculators
Posted on 17 Nov 2020 by Daniel M. Kowalski

8 FAM 704.5, Nov. 9, 2020 PHYSICAL PRESENCE AND RESIDENCE CALCULATORS (CT:CITZ-42; 11-09-2020) (Office of Origin: CA/PPT/S/A) [Hat tip to Eugene Flynn !] Read More

DOS Updates FAM re Affidavit of Support (Feb. 26, 2020)
Posted on 26 Feb 2020 by Daniel M. Kowalski

9 FAM 601.14-13 CHECKLIST FOR REVIEWING THE AFFIDAVIT OF SUPPORT (CT:VISA-1020; 02-26-2020) Documents Required for a Proper Affidavit of Support : (1) Proper Affidavit of Support: (a) Form I-864: All pages, completely filled out, in correct... Read More

Cyrus Mehta: Positive Changes, Especially for Foreign Students, to 90-Day Misrepresentation Guidance in the FAM
Posted on 29 Apr 2019 by Daniel M. Kowalski

Cyrus Mehta, Apr. 27, 2019 "In September 2017, the State Department abruptly amended the Foreign Affairs Manual to provide consular officers with broader grounds to find that foreign nationals misrepresented their intentions when they came to the... Read More

'Public Charge' FAM Change Triggers Consular Abuse of 212(a)(4)
Posted on 16 Apr 2019 by Daniel M. Kowalski

According to FY2018 DOS statistics , "DOS rejected 13,450 applications for immigrant visas in FY2018 based on a determination that the applicant could become a "public charge," a 316 percent increase from FY2017 when it denied 3,237 applications... Read More

Groups Protest 'Public Charge' FAM Change
Posted on 29 Aug 2018 by Daniel M. Kowalski

AILA, NILC and CLINIC, Aug. 28, 2018 - "The American Immigration Lawyers Association (AILA), Catholic Legal Immigration Network, Inc., and the National Immigration Law Center write to express our concern over current policy relating to the assessment... Read More

Heller's Catch 22
Posted on 5 Mar 2018 by Daniel M. Kowalski

Steven D. Heller, Mar. 2018 - "Steven D. Heller’s Catch 22 CFR § 40.6 (Based on a true story) "Bob the Brit (not his real name) was refused entry on the Visa Waiver Program because his repeated visits to the US were deemed by... Read More

DOS Cable Revises FAM re A-3, C-3, G-5, NATO-7 Visa Applicants
Posted on 17 Jan 2018 by Daniel M. Kowalski

DOS, Jan. 12, 2018 - "The Visa Office has reorganized 9 FAM 402.3-9 to help guide consular officers through visa eligibility requirements for attendants, servants, and personal employees of foreign government officials and employees; officers and... Read More

'Public Charge' Update to 9 FAM 302.8 (Jan. 4, 2018)
Posted on 22 Jan 2018 by Daniel M. Kowalski

DOS, Jan. 4, 2018 - "UNCLASSIFIED 18 STATE 942 January 4, 2018 From: SECSTATE WASHDC Subject: Update to 9 FAM 302.8 Public Charge - INA 212(A)(4) 2. Guidance at 9 FAM 302.8 has been updated and reorganized. 3. INA 212(a)(4)(B) continues... Read More

Reinterpreting the 90 Day Misrepresentation Provision in the Foreign Affairs Manual - Cyrus Mehta & Sophia Genovese
Posted on 24 Apr 2018 by Daniel M. Kowalski

Cyrus Mehta & Sophia Genovese, Apr. 23, 2018 - " As we previously blogged , the State Department abruptly amended the Foreign Affairs Manual in September 2017 to provide consular officers with broader grounds to find that foreign nationals misrepresented... Read More

FAM Update: Validity of Nonimmigrant Visas (Jan. 26, 2018)
Posted on 31 Jan 2018 by Daniel M. Kowalski

State Department, Jan. 26, 2018 - "UNCLASSIFIED 18 STATE 8202 January 26, 2018 From: SECSTATE WASHDC Subject: Update to 9 FAM 403.9-4 Validity of Nonimmigrant Visas 1. SUMMARY: The Visa Office has revised 9 FAM 403.9-4 ,* clarifying standards... Read More

Cyrus D. Mehta: State Department’s Change To Public Charge Guidance In Foreign Affairs Manual Will Result in Many More Visa Refusals
Posted on 1 Jun 2018 by Daniel M. Kowalski

Cyrus D. Mehta, May 29, 2018 - "The Trump Administration has opened another front in its war on legal immigration to the United States, which is to broaden the definition of who is likely to become a public charge . One who is likely to become a... Read More

Coming Nov. 18, 2015: New 9 FAM-e
Posted on 9 Nov 2015 by Daniel M. Kowalski

From the Dec. 2015 Visa Bulletin - "On November 18, 2015, the legacy Volume 9 of the Foreign Affairs Manual (9 FAM) will be replaced by the 9 FAM-e. As of this date the 9 FAM-e will become the authoritative source for visa guidance. The new 9... Read More

Tags: fam-e , fam

FAM Update re H-2B Returning Worker Exemption (Mar. 7, 2016)
Posted on 9 Mar 2016 by Daniel M. Kowalski

UNCLASSIFED 16 STATE 23732 Mar 7, 2016 SUBJECT: Updates to 9 FAM 402.10-4(E) - Guidance on Implementing the H-2B Returning Worker Program SUMMARY. On December 22, 2015, Congress included in the Consolidated Appropriations Act for Fiscal Year... Read More

FAM on the Web...Sort of...
Posted on 20 Nov 2015 by Daniel M. Kowalski

https://fam.state.gov/default.aspx - "The Foreign Affairs Manual (FAM) and associated Handbooks (FAHs) are a single, comprehensive, and authoritative source for the Department's organization structures, policies, and procedures that govern the... Read More

Tags: fam-e , fam