← United States · 2021

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Temporary interview waivers for qualifying repeat immigrant-visa applicants

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States
Operative dateDecember 13, 2021
CategoryMigration policy
Affected groupRepeat immigrant-visa applicants meeting the prior-issuance, petition, classification and continuing-eligibility conditions

Policy effect

From December 13, 2021, consular officers could waive personal appearance and interview for qualifying repeat immigrant-visa applicants issued a visa on or after August 4, 2019. Applicants had to use the same approved petition, remain eligible, and seek the same classification or an automatic conversion caused by the petitioner’s death or naturalization, with no changed circumstances affecting eligibility. The temporary rule specified a December 13, 2023 end date. The waiver was discretionary, not available to every immigrant-visa applicant.

Conditions and exceptions

Validated condition or limit: From December 13, 2021, consular officers could waive personal appearance and interview for qualifying repeat immigrant-visa applicants issued a visa on or after August 4, 2019.; Applicants had to use the same approved petition, remain eligible, and seek the same classification or an automatic conversion caused by the petitioner’s death or naturalization, with no changed circumstances affecting eligibility.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Acting Senior Regulatory Coordinator, Visa Services Directorate, Bureau of Consular Affairs, Department of State; telephone (202) 485-7586, <a href="/cdn-cgi/l/email-protection#fdab948e9caf989a8ebd8e899c8998d39a928b"><span class="__cf_email__" data-cfemail="81d7e8f2e0d3e4e6f2c1f2f5e0f5e4afe6eef7">[email&#160;protected]</span></a>. SUPPLEMENTARY INFORMATION: I. What changes to 22 CFR 42.62 and 42.67 does this TFR make? The Department is temporarily authorizing consular officers, for 24 months, to waive, on a discretionary basis, the requirements in 22 CFR 42.62 and 42.67 that an immigrant visa … applicant appear in person before and be interviewed by a consular officer for certain repeat immigrant visa applicants. This TFR applies to immigrant visa applicants who were issued a U.S. immigrant visa on or after August 4, 2019, who meet the following additional criteria: Individuals who would be eligible for a discretionary waiver of personal appearance and interview pursuant to this TFR must be seeking an immigrant visa in the same classification (or another classification as the result of automatic conversion due to the death or naturalization of the petitioner of the previously issued … immigrant visa) and pursuant to the same approved petition as their previously approved application, and they must continue to qualify for the immigrant visa sought. Under this TFR, the personal appearance and interview of certain applicants for an immigrant visa may be waived in the discretion of the consular officer, provided that the applicant is willing to affirm under penalty of perjury to the information provided on the Online Immigrant Visa and Alien Registration Application, Form DS-260 (or Form DS-230, Application for Immigrant Visa and Alien Registration if the consular officer authorizes … classification, if any, of the visa applicant, and (ii) The applicant's eligibility to receive a visa. (2) The officer has the authority to require that the alien answer any question deemed material to these determinations. (c) Certain repeat applications due to COVID-19. The personal appearance and interview of any applicant for an immigrant visa may be waived in the discretion of the consular officer until December 13, 2023, provided that-- (1) The applicant was issued a U.S. immigrant visa on or after August 4, 2019, and is: (i) Seeking an immigrant visa in the same classification and pursuant … to the same approved petition as the previously issued immigrant visa; or (ii) Seeking an immigrant visa pursuant to the same approved petition as the previously issued immigrant visa but in a classification that automatically converted from the classification of the previously issued immigrant visa due to the death or naturalization of the petitioner; (2) The applicant qualifies for an immigrant visa in the same classification as the previously issued immigrant visa, or in another classification as a result of automatic conversion from the classification of the previously issued immigrant visa due to the death or naturalization of the petitioner, and pursuant to the same approved petition as the previously issued immigrant visa; and (3) The applicant has not undergone a change in circumstances that could affect the applicant's eligibility for the visa. 0 3. Effective December 13, 2021, through December 13, 2023, in Sec. 42.67, add paragraph (a)(4) to read as follows: Sec. 42.67 Execution of application, registration, and fingerprinting. (a) * * * (4) Form of attestation for certain repeat applications due to COVID-19. The swearing to or signature of an application before a consular …
U.S. Department of StateOpen official source
Retrieved from https://www.federalregister.gov/documents/full_text/text/2021/12/13/2021-26657.txt

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record record-measure-9916bf041e54e166acf5e7b1. Something wrong? Flag this record.

Other United States changes operative in 2021