Published: January 3, 2022
On December 13, 2021, the Department of State released a temporary final rule (TFR) enabling consular officers to waive the personal appearance of immigrant visa applicants who already had approval for their immigrant visa in the same classification and on the same basis as the current application on or after August 4, 2019. Through this TFR, consular officers can affirm the applications’ accuracy without the need for a face-to-face meeting.
Effectivity
The TFR shall have an immediate efficacy and will expire after 24 months. Thus, its implementation will run from December 13, 2021, until December 13, 2023.
TFR Summary
Consular officers may waive the personal appearance and interview of immigrant visa applicants if they are willing to affirm under penalty of perjury to the information provided on their online registration and other submitted forms. The consular officers and applicants may communicate by telephone or email in lieu of personal appearance.
Purpose
On or after August 4, 2019, more or less 49,000 individuals who were issued an immigrant visa could not or opt not to travel to the United States to pursue their lawful permanent residency because of travel restrictions and the overall health risks related to the COVID-19 pandemic. Implementing the TFR should address this issue since DOS cannot compromise specific time-limited criteria. After the pandemic becomes manageable and ordinary travel resumes, the consular officers may opt to meet the applicants.
30-Day Effective Date Requirement
Following the same sentiment that caused the issuance of the TFR, DOS opts to dispense with the 30-day effective date requirement.
Seek Reliable Legal Guidance
A lot of people can feel confused and overwhelmed due to the abrupt and successive changes in immigration policies. To refrain from committing clerical and procedural mistakes, it is best to seek for legal support. ALG Lawyers has experienced and responsible Los Angeles immigration lawyers who can provide practical tips and critical insights regardless of your situation.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)