By: Angelita Chavez

The Department of State (DOS) issued a temporary final rule (TFR) allowing consular offices to waive personal appearances and in-person Oath requirements for certain repeat immigrant visa applicants.

To qualify, applicants must meet all the following requirements:

• Have an immigrant visa issued on or after August 4, 2019.
• Apply for an immigrant visa in the same classification as the previously issued visa.
• Qualify for the same visa classification, or another classification due to an automatic conversion caused by the petitioner’s death or naturalization, and
• Have no changes that may impact the eligibility for the new immigrant visa being sought.

THE TEMPORARY FINAL RULE

DOS is allowing consular offices to temporarily waive in-person requirements in the cases that meet the above criteria due to COVID-19 and related backlogs. The TFR will remain in effect for 24 months from December 13, 2021. The waiver is discretionary and will apply on a case-by-case basis.

The TFR will  help applicants who are unable to travel, meet time-sensitive criteria, or other COVID-19 related delays. The rule is expected to make better use of finite consular resources, especially in regions with high COVID-19 transmission rates.

CONCLUSION

For of the temporary DOS rule or other case-specific questions, please contact your trusted Chugh, LLP immigration professional.