Immigrant Visas

The Department of State revised its immigrant and nonimmigrant visa application forms to now request social media identifiers.  Specifically, in addition to information already requested on visa applications, such as travel history, family member information, and previous addresses, most U.S. visa applicants worldwide will now be required to also provide details regarding names or “handles” used on social media platforms (i.e.
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Under current law, many immigrants are required to travel abroad and apply for an immigrant visa from their home country before they can return and become lawful permanent residents of the U.S.  Immigrants in the United States illegally, however, may be barred from returning to the United States for either three years or ten years under Section 212(a)(9)(B) of the Immigration and Nationality Act.  

To avoid this bar, these foreign nationals must obtain a waiver of their unlawful presence when applying for an immigrant visa.  Seeking a waiver can lead to a Catch-22, however—leaving the U.S. in order to return as a lawful resident only to be barred from returning.  One way to avoid this dilemma is to obtain a Provisional Unlawful Presence Waiver.

On July 13, 2018, the USCIS posted a Policy Memorandum (PM), PM-602-0163 providing guidance to all USCIS employees regarding their discretion to deny an application, petition, or request without initially issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) when required original evidence on record failed to establish eligibility or was not submitted as requested.  The new PM is effective September 11, 2018 and applies to all applications, petitions, and requests apart from Deferred Action for Childhood Arrivals (DACA) adjudications received after that date.

USCIS has announced that it will begin to use U.S. Postal Service’s (USPS) Signature Confirmation Restricted Delivery service to mail Green Cards and other secure documents starting April 30, 2018.
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Foreign nationals may legally enter the United States by obtaining a visa. There are two types of visas, the immigrant visa and the non-immigrant visa. Immigrant visas allow aliens to enter and reside in the U.S. for the long term. Non-immigrant visas are issued for limited periods of time and for specific purposes, such as tourism, business, study, temporary work or medical treatment.

A U.S. visa is an authorization, typically in form of a stamp inside a passport, which demonstrates that a U.S. consular official has determined that the traveler is eligible to enter the U.S. for the purposes stated in the visa. The United States issues two classes of visas, an Immigrant Visa and a Non-Immigrant Visa.

The U.S. Department of State (DOS) has issued a notice providing information on how to apply for the 2019 Diversity Immigrant Visa Program, under which 50,000 diversity visas will be available. The notice includes information on eligibility, entry period, completing the electronic entry form, selection of applicants, photo requirements, and Frequently Asked Questions (FAQ).

In the past, U.S. Citizenship and Immigration Services (USCIS) has approved advance parole renewal applications for individuals who travel abroad during the pendency of the application with a valid Advance Parole document or a valid H, K, L, or V visa.