Immigration Blog

Scheduling your consular appointment is not one-size-fits-all

By |October 31, 2013|

consular-appointmentDid you know that scheduling an appointment for your non-immigrant visa can differ vastly from consulate to consulate?

You’ll first want to complete Form DS-160, a primarily biographical form.  After completed and submitted, you will be able to obtain your DS-160 confirmation number—you will need this to schedule your appointment.

Before you schedule your appointment or make subsequent travel plans, you should be aware that wait times for a nonimmigrant visa interview appointment can vary from consulate to consulate and can also be vary, depending on what type of visa you’re applying for.  You can determine the approximate wait time for the consular location of your choosing on this page: http://travel.state.gov/visa/temp/wait/wait_4638.html.

You can then choose the consular location at where you will be applying.  You can find the official U.S. Visa Information and Appointment Services page here, which will direct you to a website for each country listed: https://usvisa-info.com/.  Under “Consular Section Information” for each page, you’ll find a list of that country’s U.S. consulates and embassies.

After you decide at which consulate you will be applying, you will then want to navigate to that consulate’s website.  The process one must take to schedule the appointment is not standardized from consulate to consulate.  At some consulates, appointments can be made online or through a call center; at other consulates, only one option may be available. Sometimes an account will need to be created in order to proceed with scheduling an appointment, and the applicant must generally pay a visa application processing fee.  Oftentimes, this fee can only be paid through certain payment methods (e.g. via telephone, at a specific bank branch, etc.).  Sometimes, original fee receipts must be included with the other required documents an applicant presents.

Once you are able to proceed and schedule your appointment with the consulate at which you will be applying, you may receive an Appointment Confirmation that you may be required to present along with your other documentation.  (The consulate’s website will confirm which documents you will need to present at your appointment.)

We also advise checking the consulate’s website for protocol in regards to the day of your interview—you can see how early a consulate advises you to arrive for your appointment and also advises you if you will be allowed to have visitors enter with you.  In addition, if your visa is approved, there are various ways for each consulate to return your passport to you—for example, at some consulates, your passport may be delivered to a DHL facility of your choosing; at other consulates, you may be required to travel back to the consulate at a later date to pick it up there.

As a result of all of the aforementioned differences and intricacies in scheduling your consular appointment, you will want to pay careful attention to your respective consulate’s website!  If you would like VISANOW to assist you in preparing a consular packet to present at your consular appointment, please contact us at 1-855-VISANOW for more information.

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Introducing the new VISANOW website

By |October 28, 2013|

At VISANOW, we have revolutionized the legal immigration experience through technology, professional expertise, and innovative thinking. It only makes sense to have a modern, innovative website to match. We have taken our website to the next level with a redesign and restructuring that will continue to improve the overall immigration experience for our visitors and clients.

VISANOW.com: A fast, easy, and trusted web resource for your immigration needs

VISANOW prides itself on offering fast, easy, and trusted legal services, and those three tenets serve as the inspiration for the look and layout of the new VISANOW.com.

VISANOW.com Home

Our website loads faster and speeds up the user experience by offering a simpler, more modern interface. Easily get where you need to go (and back again) with our simplified navigation.

VISANOW Frequently Asked Questions

The new and improved Frequently Asked Questions section breaks down the U.S. and global visa application process into simpler, more manageable pieces of information to help get you started. We know that research is always the first step when seeking immigration services, and we want to be the best resource possible for any immigration questions you may have. As always, there is a contact form for those questions that cannot be answered in the regular FAQ.

VISANOW Contact Us Page

Another exciting new feature of the VISANOW site is the video previews of our patented web-based application. Whether are you are a business looking for the best way to bring your employees to the U.S. or an individual visa applicant, you can watch the benefits of using our software through several short videos tours conducted by VISANOW’s own customer support team.

VISANOW Web Application Tour

This is just the beginning of the new look and feel of VISANOW. We will continue to roll out new updates and improvements in our website and web application in the coming weeks, so stay tuned! If you have other questions or comments about the new site, don’t hesitate to contact us at 1-855-VISANOW.

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VISANOW co-hosts immigration workshop for Chicago immigrants

By |October 24, 2013|

Last Saturday, VISANOW co-hosted an immigration workshop with Casa Michoacán in Chicago. It was a great opportunity for people to meet with the immigration specialists of VISANOW, and it was a brilliant way to interact with the Chicago community. Living in Chicago for so many years, I had never been to Casa Michoacán. One of the things that stood out to me was how different the South side is to the North side of the city. As an undocumented person that grew up away from her homeland, it is very easy to lose my cultural beliefs. I saw how Mexicans celebrate dead relatives with paper artwork, skeletons, and colorful symbolic altars.

The workshop started at nine in the morning and went on until one in the afternoon. It was open to the public. Anyone who had any questions about their undocumented status or visas was welcome to come in. Even as an undocumented person, I still get amazed whenever I listen to other undocumented people’s stories. During the workshop we had many people come share their story of how a “notario” did not complete their application correctly, or did not even submit it. During their process with the notario they asked them to pay them an enormous amount. For me it is extremely difficult to see how other people can take advantage of a person that is so vulnerable. How can they look at these people in need and lie to them knowing that this is a life changing decision? They know that in those papers the future of a person is at stake. Most of the time, the notario is another Latino. What hurts me the most is how much the person ends up paying – sometimes double of what the process is worth, just because they believe the notario was less expensive. Many of these immigrants work two or three jobs just to make ends meet. I see in them a piece of me and my family.

I really enjoy interacting with the community through workshops like the one VISANOW co-hosted. To be able to bring a sense of peace into their life is one of the greatest rewards a person can have. To be able to put a smile in the faces of these people is what I would love to do for the rest of my life. Thanks to VISANOW I believe I have found what I want to do after college. I am very grateful for all the networking opportunities that I have received. To know that in less than a year I will be graduating is a scary feeling, but knowing what I want to do next is comforting.

by Christian Villalobos, VISANOW Marketing Intern

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What’s the difference between U.S. immigrant refugees and asylees?

By |October 22, 2013|

UPDATE: Following the Boston Marathon bombing, the Washington Post and others reported that the bombers were refugees. Other reports, however, have indicated that the Tsarnaev brothers were not refugees — they arrived in the United States as young children of an asylee. As a State Department official told Bloomberg, their father came to the United States on a tourist visa and applied for asylum.

Most people aren’t familiar with the distinct, separate definitions of refugees and asylees (or asylum-seekers), but both groups in the U.S. tend to get a disproportionate amount of attention in the news for a variety of reasons. For example, the infamous 2013 Boston Marathon bombers were both immigrant refugees from Chechnya, which prompted some U.S. politicians to try to pass laws to lower the number of refugees allowed in the country. (See update above.) In September 2013, 25 DREAMers tried to re-enter the U.S. border from Mexico in order to ask for asylum in an attempt to bring attention to immigration issues as well as to obtain a legitimate legal status.

Why do the definitions of refugees and asylees get confused?

Refugees and asylees are often misunderstood labels that can mean two separate things, though they are frequently used together. Both refugee and asylum seekers must demonstrate:

  • They can no longer live in their home country due to a reasonable fear or proof they will be persecuted.
  • The reason for their persecution is related to their race, religion, nationality, membership in a social group, or political opinion.

In these cases, “persecution” can mean anything from threats and harassment to violence, torture, unfair imprisonment, or denial of basic human rights. Refugees must apply for a green card after one year in the U.S., while asylees have the option to. They both receive the same rights as other green card holders (legal permanent residents).

Characteristics of refugees

The U.S. government has much tighter restrictions on who can be labeled a refugee, but there are many more refugees than asylees granted legal status per year. Each year, the President determines how many refugees will be allowed to enter the U.S. In fiscal year 2013, 69,930 refugees were authorized to enter the U.S., just 70 people shy of the 70,000 maximum. Iraq, Burma, and Bhutan sent the largest groups of refugees to the U.S. (Update: In fiscal year 2014, 69,986 refugees entered the United States. Numbers for 2015 are not yet available.)

In order to be a refugee under U.S. immigration law,

  • You must fit the requirements regarding persecution (listed above)
  • You must secure refugee status while you are still outside the United States. You cannot seek refugee status once you are inside.
  • Your case is of special humanitarian concern to the United States.
  • You can be labeled admissible for legal entry into the United States.

Characteristics of asylees

For the last decade, the United States has been accepting between 20,000 and 30,000 asylum applicants per year. Popular countries of U.S. asylum seekers include China, Venezuela, and Ethiopia, Egypt, and Haiti.

To seek asylum in the U.S. under current laws,

  • You fit the requirements of living under threat of persecution as a refugee (listed above).
  • You are already present in the United States or are seeking admission at a port of entry.

One important difference is that asylees do not have to have legal immigration status to apply for protection. This is one of the reasons why it has become a popular method with DREAMers and undocumented immigrants who don’t have any other alternatives to seek legal status.

There are two ways to apply for asylum in the U.S.: affirmatively (voluntarily or preemptively) or defensively. Defensive applicants are those who ask for asylum in response for being detained or apprehended by immigration enforcement. In 2013, slightly more than half of asylees gained refuge through affirmative applications.

For more information on refugees and asylees in the United States, read

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The ABCs of U.S. Visas: The A Visa

By |October 21, 2013|

 

U.S. visas are divided into immigrant (permanent resident) and non-immigrant (temporary) visas. An unpolished but simpler description would be that U.S. visa types are separated into two categories: green cards and everything else. The “everything else” category, non-immigrant visas, can be very difficult to navigate if you don’t understand the terminology. Luckily, their naming system is derived from something we’re all very familiar with: the English alphabet.

Each week, we’ll take a look at a different non-immigrant visa according to their letter, starting with “A” visas and ending with the “X” visa (a visa type that does not yet exist, but was proposed in the 2013 immigration reform bill.) Hopefully this not only helps people understand the depth and complexity of U.S. immigration, but also brings awareness to the enormously diverse pool of immigrants that enter our country every year.

Web

Who can apply for A Visas?

“A” type visas are intended for diplomatic personnel, including ambassadors, public ministers, consular officers, and members of their immediate families. You must be traveling on behalf of your national government to obtain an A visa. Dependent travelers of someone with an A visa must also obtain an A visa to enter the U.S.

If a foreign diplomat needs to travel to the United States on official government business, they cannot apply for the traditional business traveler visa (known as the B-1 visa.) They are also excluded from the Visa Waiver Program. However, if the foreign government official is representing a state or local government, they will use the B-1 visa for business travel.

Because the A visa is an official diplomatic visa, the primary applicant usually does not have to pay application fees. Generally the applicant also does not have to worry about a consular interview unless it is specifically requested. A visas are processed through the State Department before going through USCIS.

Categories of A Visas

There are three types of A visas: A-1, A-2, and A-3. A-1 and A-2 visas are issued to the foreign diplomat or government official. A-2 visas can also be issued to immediate family members of A-1 and A-2 visa holders. A-3 visas are issued to attendants, servants and personal employees of A-1 and A-2 visa holders and/or their immediate families.

Where can I find more information about A Visas?

If you qualify for an A visa, chances are there is already someone helping you apply or figure out the application process. To read more about these types of visas, visit the U.S. State Department website:

 

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The shutdown ends, immigration services return, and Obama formally announces push for immigration reform

By |October 17, 2013|

 

As we predicted yesterday, late last evening and just hours before a possible default, President Obama signed a bill that reopened the U.S. government and re-installed thousands of government employees to their posts. Today he made an official statement that immigration reform will be a top priority for the rest of 2013.

What does the end of the shutdown mean for U.S. immigration services?

All U.S. immigration services that were affected by the shutdown should be reinstated very soon, if they haven’t already. As of this morning, E-Verify and I-9 services were back up and running, and the Department of Labor is open again. However, the Office of Foreign Labor Certifications (OFLC) which is responsible for services needed to process work-based green cards and visas like the H-1B, is still not functional as of 5pm CST today. Most likely, the PERM and iCERT portals will be fully restored tomorrow (October 18) so that work-based visa applications can once again continue to be processed.

Family and travel visas were not affected by the shutdown, so these services should proceed as usual. USCIS services were not interrupted owing to the fact that their services are fee-funded and are not directly reliant on the government.

Obama addresses immigration reform in his first speech since reopening the government

This morning, Obama gave his first public announcement since the government reopened, and he wasted no time in naming the three main issues he wants Congress to tackle before the end of 2013: budget issues, the farm bill, and fixing the broken immigration system.

“There’s already a broad coalition across America that’s behind this effort of comprehensive immigration reform “” from business leaders to faith leaders to law enforcement,” the President emphasized this morning. He reiterated the fact that a bill already exists with strong bipartisan support that has already passed through the Senate and is waiting to be addressed in the House of Representatives, making it an easy win for U.S. government. He continued, “Now, if the House has ideas on how to improve the Senate bill, let’s hear them.  Let’s start the negotiations.  But let’s not leave this problem to keep festering for another year, or two years, or three years. This can and should get done by the end of this year.”

Obama was also quick to address the economic benefits of immigration reform in light of the all the recent issues with the U.S. economy, jobs, and the budget. “These last few weeks have inflicted completely unnecessary damage on our economy. We don’t know yet the full scope of the damage, but every analyst out there believes it slowed our growth.” Obama used immigration reform as a contrast to current U.S. financial struggles: “Economists estimate that if that bill becomes law, our economy would be 5 percent larger two decades from now.  That’s $1.4 trillion in new economic growth.”

The future of 2013 immigration reform

The government has been open for less than a day, so it’s hard to predict what will happen and if Obama’s statements will be carried out with conviction and support from Congress. Republicans have been mostly silent so far on the issue, but many are hoping that Speaker Boehner will consider bringing the comprehensive immigration reform bill to the House floor just as he brought last night’s budget bill to the floor without a clear majority of support from his Republican colleagues.

 

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With the shutdown possibly ending soon, Obama names immigration reform his next mission

By |October 16, 2013|

Obama promised immigration reform during his reelection campaign

After over two weeks of the U.S. government in partial shutdown, the United States is on the brink of extreme financial crisis if Congress cannot come to an agreement and fully reopen U.S. federal services by October 17. Just a day before the Treasury Department will run out of emergency funds, it looks like the Senate has come up with a plan that will be voted on this evening. House Speaker John Boehner says that he will not block this proposal from coming to a vote in the House of Representatives, which is a hopeful sign that the proposal will succeed and government services (including certain types of immigration services) will be restored to their normal functions before the week ends.

During an interview with Univision this week, President Obama took time to rekindle the topic of immigration reform, stating “Once [the fiscal crisis] is done, you know, the day after I’m going to be pushing to say, call a vote on immigration reform. I’m going to do so because I think it’s really important for the country.”

Obama has taken an increasing amount of heat from immigration reform activists for his hard line stance on deportations, which have doubled over the last ten years. During his administration, an average of 400,000 immigrants have been deported each year. In addition to deportations, another hot topic has been the widespread increase of holding immigrants in for-profit detention centers. Many of these issues could be addressed with a commonsense, comprehensive immigration reform bill.

The President has been promising to deliver on immigration reform since he used it as a major selling point during his 2012 reelection campaign. Putting immigration reform back at the top of his priority list would help strengthen his credibility and satisfy the voters who are still waiting for him to deliver.

Congress might not be ready to agree on Obamacare and many other types of government spending, but immigration reform is a topic that has real potential to succeed with bipartisan support. Just last week, 8 House members were arrested at an immigration reform march on the National Mall. Due to the shutdown, approval of Republican congressmen has fallen substantially in comparison to their Democrat colleagues, and immigration reform would be a sure bet in securing more Hispanic and Asian voters for the next Presidential election. Hopefully the silver lining of the shutdown will be Congress’ new found motivation to pass real, bipartisan reform laws, with immigration reform as their first and easiest choice.

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November 2013 Visa Bulletin shows slight progress despite shutdown

By |October 15, 2013|

 

Earlier this month, there were doubts about if and when the November 2013 visa bulletin would be released due to the shutdown. As we enter the third week of budget talks in Congress with no apparent end in sight, USCIS continues to process visas and the Department of State continues to publish their visa bulletin.

The November 2013 bulletin reveals slight progress in most family green card categories and advancements for a select few employment-based green card categories. It’s safe to expect progress to slow down for the December bulletin, since by next month USCIS and the State Department will be able to more fully evaluate the impact of the shutdown on visa processing times.

Family visa priority dates in the November 2013 visa bulletin

November 2013 visa bulletin family visa times

Priority dates for employment-based green cards

November 2013 Visa Bulletin employment visa times

Possible problems ahead with future visa wait times

This month has seen minimal impact from the government shutdown, but in the coming months employment-based visa wait times will likely increase significantly owing to the fact that the Department of Labor is closed. Any work visa requiring use of the PERM or iCERT system will not be processed until the government restores its services. Unfortunately, these delays will complicate the already long, complex road to obtaining a work-based green card.

Family visas don’t generally rely on certifications from the Department of Labor, so theoretically they should fare much better in the midst of a shutdown. However, even though USCIS is still running, the shutdown has an effect on every branch of government. There is no guarantee that family visa priority dates won’t also stall while the government attempts to recuperate.

We are hopeful that the shutdown’s overall impact on visa processing times is minimal, and we will keep updating the blog with more news as we receive it.

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What the 1986 immigration bill tells us about 2013 immigration reform

By |October 9, 2013|

reagan-2013-immigration-reform

The last time a major piece of immigration reform legislation was passed by the U.S. government was 1986. Ronald Reagan signed the Immigration Reform and Control Act (IRCA) on November 6, 1986 as means to secure the border and establish a path to citizenship for undocumented immigrants. Will the 2013 immigration reform bill ultimately arrive at the President’s desk, almost thirty years after its counterpart passed under Reagan?

If the past is any indication, the 2013 version of reform still has hope in passing through the legislative branch, despite more than a few recent setbacks. Examining the similarities between the 1986 and 2013 bills help us understand that reform is still possible.

Both bills came at a time of desperate need for reform, decades after the most recent major reform laws

In 1986, the most recent prior immigration legislation was the 1965 Immigration and Nationality Act, an important set of laws that completely restructured the demographic makeup of U.S. immigrants. However, after the influx of unauthorized immigrants in the 1970s and early 80s, it was clear the Immigration and Nationality Act wasn’t enough.

We are seeing the same issues with IRCA in 2013, 27 years later: it does not address the needs of the current U.S. economy and immigrant population. The Border Security, Economic Opportunity, and Immigration Modernization Act (referred to here as the 2013 bill) is an attempt to modernize immigration policy for a U.S. economy with great demand for high-skilled immigrant workers and attempts to address the now 11+ million undocumented immigrants living here as a second class, with no laws currently in place to realistically solve the problem.

The 1986 and 2013 bills are both derived from several previous unsuccessful attempts at reform

In 1977, President Jimmy Carter proposed new legislation that would secure the border, impose fines on employers who hired undocumented workers, and grant a path to citizenship for undocumented immigrants. His efforts were shot down by Congress, but led to the formation of a commission led by Reverend Theodore Hesburgh that made recommendations for new immigration policy in 1981.

In 1982, the first iteration of what would become IRCA was introduced to Congress, and it ended up dying in the House of Representatives. The bill was reintroduced and subsequently died again in the House in 1984. The bill was finally revived in the fall of 1986 and passed into law, and it is still the basis for most of our immigration policies today.

U.S. political leaders and legislators had/have extreme doubts about both bills passing

Many were shocked by the 1986 bill’s final success after years of heated debates and setbacks. U.S. labor groups were mostly opposed to IRCA: they very concerned about the new I-9 form requirements and employment enforcement policies, which harshly punished employers for hiring undocumented workers for the first time in U.S. history. Employers and civil rights groups were also concerned about a possible national ID system stemming from these new enforcement policies, which never ended up happening.

The 1986 bill was declared practically dead just weeks before it was signed. Thanks to several last-minute compromises, it passed. U.S. Representative Dan Lungren said the following about IRCA’s passing, “It’s been a rocky road to get here. We thought we had a corpse. But on the way to the morgue, a toe began to twitch.” In the face of all the issues and doubters, the 1986 Congress found a way to get the bill to the President’s desk, thereby changing the course of immigration and impacting immigrants’ lives for years to come.

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2013 National Day for Dignity and Respect for immigrants is October 5

By |October 4, 2013|

 

This Saturday, October 5, immigrant activist groups in over 130 cities across the United States will observe the National Day for Dignity and Respect in attempt to push comprehensive immigration reform and shed light on mistreatment of U.S. immigrants, especially undocumented immigrants. Many of the day’s events have been coordinated by the Service Employees International Union, who explained the purpose of their protests in greater detail on their website:

“We are marching for commonsense immigration reform with a path to citizenship, immigration rules that promote family unity and protect worker rights, an end to the destruction of our families through deportations, and a halt to unneeded border militarization and for profit immigrant detention prisons.”

In honor of 2013’s National Day for Dignity and Respect, we are sharing the story of Melody, a DREAMer, successful college student, and friend of Christian Villalobos, VISANOW intern and also a DREAMer currently completing her college degree. Here is Melody’s immigrant story as told by Christian:

 

As a freshman in college, I met a very bright woman who I will call Melody.  It was the first time I met a person that was open about being undocumented to the public. Over the last two years, she has become my mentor and I look at her with admiration.  With her guidance, my life as a DREAMer has become more manageable.

Melody’s father was an engineer in Mexico. People told him that in the U.S he could complete his master’s degree and provide a better life for his family. He believed them. At the age of six years old Melody moved to the U.S.  Soon after arriving, her father realized they had lied to him. By this time it was too late and the family had no choice but to stay.

Melody grew up in a predominantly white neighborhood. Growing up was difficult for her. She wanted to fit in, to be part of this high middle class that surrounded her. How could she embrace her culture and still be part of her surroundings. Her father always feared immigration enforcement. She was told at a very young age to never disclose her status or bad things could happen.  She got lost in a pretend world where no one knew the truth about her status.

Reality hit her for first time when she was a sophomore in high school. For the first time ever, her high school counselor encountered an undocumented student. All the students in her class were taking driver’s ed. They did not know what to do with her since she could not drive. They allowed her to take the class but she could not get behind the wheel. After sophomore year, Melody decided to pretend nothing happened.

Reality hit her once more when she came to college. In her first year, she could not be like every other freshman and live in the dorms. She had to live with strangers in a house outside campus. Her parents had to work really hard to pay her tuition out of pocket. She felt guilty seeing her parents working so hard for her. She felt guilty because she had to focus in school and could not work. Around this time, her brother in law got put into deportation procedures. The process took three years. To this day the pain of seeing her little niece crying every day for her father still linger in her ears.  So much pressure is added to our lives as DREAMers. We have to get a perfect GPA so our parents do not have to suffer paying our education. We have to be involved to be able to apply for scholarships. At the same time we want to be like the other college kids. For us it’s a necessity, not a pleasure, to do well in everything.

Even with all the obstacles she faces, today she is a very successful DREAMER. She works for the school doing lab work which relates to her major. She pays all her tuition fees with scholarships, she is very involved in school activities, and her GPA is over a 3.7. During the summer she traveled to two different states to conduct research. Other DREAMers like me admire her dedication and the strength to never give up. She said to me, “I fight for 11 million undocumented immigrants to not go through what my family had to go through. I fight for no one to hear a little girl crying at night asking for her father. I fight for myself to never get lost pretending to be someone else.”

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VISANOW is now Envoy.

As part of our mission to create opportunities for organizations and global talent, we’ve updated our brand and how we communicate our message. In a time when thinking globally is how organizations grow and progress, we help businesses build world-ready workforces.

Envoy’s workforce management platform features premiere tools for navigating the immigration process for all your sponsored employees; knowledgeable Envoy-affiliated attorney and customer support; and resources to help you learn how to become an expert in the global immigration process.

You will be redirected shortly. Go to EnvoyGlobal.com to see the new changes.