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Immigration Guideline

WRIT OF MANDAMUS: Remedy for Unreasonable Delay in Visa Processing

April 13, 2023

WRIT OF MANDAMUS: Remedy for Unreasonable Delay in Visa Processing What is a writ of mandamus? Mandamus is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do some specific act which that body is obliged under law to do, and which is in the nature of public duty, and in certain cases one of a statutory duty. In simple terms, Writ of Mandamus is a type of suit or case to compel the Government agencies to do their duties, which they are supposed to do under law. In simpler terms, a writ of mandamus is a remedy for visa applicants, using which they can effectively address and resolve the unreasonable delay in their visa processing. Who can file a writ of mandamus? Anyone whose visa processing has been stuck for an unreasonable amount of time can file a writ of mandamus. It can vary from case to case; however, we can usually proceed with a writ of mandamus if the administrative processing has been ongoing for more than two months for student visa and six months or more for visa of other categories. Where to file a writ of mandamus? A writ of mandamus is filed at the designated U.S. District court, depending on the petitioner’s residence and defendants’ office location. How to file a writ of mandamus? If you want to file a writ of mandamus with Raju Law, we have a specific method for that. All you need to do is to provide us with the necessary documents, and we will take care of everything else. You have to send us an email at raju@rajulaw.com or info@rajulaw.com expressing your interest to file a writ of mandamus. After that our Admin Team will contact you and initiate the process of retaining you as our client. After retaining you as our client, the Admin Team will forward the matter to the Litigation Team and a case manager will be assigned for your case. The Litigation Team will take over the case and prepare the writ and submit it before the Court accordingly. The Litigation Team usually takes 14-18 days to prepare and submit your writ before the Court. The Court may take 3-4 days to issue summons and our Business Support and Services Team will send those summons physically to the defendants. It usually takes around 6-8 weeks to get a response from the concerned agency (USCIS, Embassies, Consulates, etc.) regarding your case from the date of filing the writ. Why should you file a writ of Mandamus? The implication of filing a writ of mandamus in an immigration matter is that by filing a writ of mandamus, you can request the Court to ask the concerned Government agencies to perform their duties in a timely manner. For example, if your visa application is stuck in an administrative process, you may file a writ of mandamus requesting the Court to ask the concerned Embassy or consulate

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How to Apply for Convention Against Torture Protection (Part: 2)

April 11, 2023

How to Apply for Convention Against Torture Protection (Part: 2) Read part one here Requirements You Must Satisfy to Qualify for CAT Protection To be eligible for protection under CAT, you must demonstrate that it is highly probable that you would be subjected to torture if you were removed from the country you are seeking refuge from. The harm that you anticipate must satisfy the criteria for “torture”, according to the CAT. Specifically, it must involve the intentional and illegal infliction of severe physical or mental pain or suffering, with the involvement of a public official, for purposes such as punishment, eliciting a confession, intimidation, or discrimination. In order to qualify for CAT protection, the torture must be carried out by, at the behest of, or with the consent or acquiescence of your government. Furthermore, you must be unable to escape from your torturer. Torture can take various forms, including rape, electric shocks, coerced ingestion of drugs or other substances, deprivation of food or water, physical assaults, and threats of such mistreatment. How to Show You Satisfy the Standards for CAT Protection The process of obtaining CAT protection is characterized by objectivity. You are required to furnish objective evidence, such as country reports and news articles, which clearly indicate that you are more prone to experiencing torture than not. In order to establish that you harbor genuine apprehension of torture, you must provide verifiable information that confirms the existence of an extreme form of cruel and inhuman punishment that you are likely to face. It is worth noting that while several forms of punishment can amount to torture, only the most extreme forms qualify as such. For instance, indefinite detention cannot be classified as torture. You are required to demonstrate that the probability of being subjected to torture upon your return is more likely than not. The evidence you can present is similar to the supporting documents and information needed for your asylum claim. The Immigration Judge (IJ) will consider your personal circumstances and your government’s patterns of violations of human rights. Specifically, you need to provide information and documentary evidence about: what type of torture you fear if forced to return if applicable, what type(s) of torture you had suffered in the past in that country if applicable, what type(s) of torture your close family or friends had suffered and how your government has tortured other people similar to you. Note that any torture you have suffered in the past is merely a relevant factor. Unlike with an asylum claim, past torture does not automatically lead to a grant of CAT. That is because the goal of CAT relief is to prevent your torture in the future. Therefore, you must focus on showing what torture you would be more likely than not to suffer in the future. You Must Be Granted CAT Protection If You Meet the Required Factors CAT protection is an essential and non-negotiable form of relief that must be granted by the IJ if all required elements are met. Any

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How to Apply for Convention Against Torture Protection (Part: 1)

April 9, 2023

How to Apply for Convention Against Torture Protection (Part: 1) If you are currently in the United States and seeking asylum due to a well-founded fear of persecution in your country of origin, it is advisable to simultaneously apply for protection under the United Nations Convention Against Torture (CAT) if you have reason to believe that you may be subjected to torture. By seeking CAT protection, the U.S. government is prohibited from deporting you to any nation where there are substantial grounds for believing that you would be at risk of torture. This added layer of protection ensures your safety and well-being in the event that you are forced to return to your country of origin.  Although the requirements to be granted CAT protection are higher than those for asylum (you need to prove that it is more likely than not that you would be tortured), and this form of relief provides more limited benefits than asylum does, there are advantages to applying for it: It is mandatory and that is, the U.S. must grant CAT if you’re eligible and Bars that might prevent you from obtaining asylum do not prevent you from being granted CAT protection. As you file Form I-589 “Application for Asylum and Withholding of Removal,” in Part B, include a request for CAT protection and submit any requested documents relevant to CAT protection. If you already applied for asylum and want to request CAT after the fact, you can submit a “supplement” to your asylum application. You can do this anytime, including after a final deportation order has been issued against you. It’s important to note the following ways in which CAT protection is more limited than asylum: CAT protection does not stop the U.S. government from removing you to a third country that is not the country where you fear torture. If DHS believes it is safe for you to return to a country of origin, they can start a new case in immigration court to request that your CAT protection is rescinded. CAT protection does not extend to your family members, and you will not be eligible for naturalization or permanent resident status. How to apply for Convention Against Torture (CAT) Protection Applying for CAT protection does not require a separate application. Instead, you can apply for it at the same time as your asylum application, using Form I-589. Simply check off the relevant boxes in Part B of the form, and provide all necessary information and supporting documents. If you did not request CAT protection in your initial asylum application, don’t worry – you can still supplement your application with a request at any time. There is no deadline for applying for CAT protection, and you can even do so after a final order of deportation has been issued against you. One major advantage of CAT protection over asylum is that none of the bars to asylum can prevent you from receiving CAT relief. Additionally, the torture you would face in your home country does not

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Relative Petition

Filling Out Form I-730, Refugee or Asylee Relative (Part: 2)

March 29, 2023

Read part one here Filling Out Form I-730, Refugee or Asylee Relative (Part: 2) Form I-730 Instructions Here are step-by-step instructions for filing your I-730 petition. There are a total of eight parts that must be completed. Start Here Make sure to start at the very beginning—titled START HERE—by filling in your status as either a: Refugee Asylee Lawful permanent resident (LPR) based on previous refugee status LPR based on previous asylee status You must also state who the beneficiary is and the number of qualifying relatives you are filing for. Part 1: Petitioner Information In this section, you will fill out the information about yourself—the petitioner. You will include information like your: Last, first, and middle names Residential and mailing addresses Telephone number Email address Gender Date of birth Country of birth Nationality S. Alien Registration Number (A-Number) S. social security number, if you have one Marriage Information Asylee or refugee status information Part 2: Beneficiary Information Here, you will include much of the information you wrote in part 1, except now about the beneficiary of the Form I-730. You will also need to let USCIS know if the beneficiary is currently inside or outside of the U.S. And you will need to answer some additional immigration questions. If you are confused about any part of this section, talk to your immigration attorney for clarification and direction about: Language fluency Entry to the United States Immigration history Part 3: 2-Year Filing Deadline Fill out this part if you have passed the two-year filing deadline. Here, you will explain your reasoning for not having applied within the required time. You must also provide evidence to support your reasoning. Part 4: Warning USCIS adds a warning portion about I-730 removal proceedings. Speak with your immigration attorney about your beneficiary’s status and if they are in the United States with unlawful status. Part 5: Signature of Petitioner Make sure you sign and print your name and date here. Part 6: Signature of Beneficiary Make sure the beneficiary signs and prints their name and date only if they are in the United States. Part 7: Signature of Preparer If anyone other than the beneficiary or petitioner contributed to preparing your Form I-730, make sure they sign the form as well. Part 8: To Be Completely at Interview of Beneficiary, If Applicable Do not fill out this section. This section will be filled out at the beneficiary’s interview. You, the petitioner, may be asked to be interviewed as well. What Is the Form I-730 Processing Time? Processing times can be difficult to predict, particularly if USCIS is experiencing a backlog. The USCIS Form I-730 process can take between five to ten months, and possibly longer, which does not include any steps that must be taken after you submit your petition. The full process can take over a year, so it’s important to work with a knowledgeable immigration attorney to make sure each step is done correctly to optimize your processing time. What Are I-730 Removal

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Filling Out Form I-730, Refugee or Asylee Relative (Part: 1)

March 26, 2023

Filling Out Form I-730, Refugee or Asylee Relative (Part: 1) If you have been granted refugee or asylum status in the United States, you have the option to file Form I-730, which is the Refugee/Asylee Relative Petition, with the U.S. Citizenship and Immigration Services (USCIS). By submitting this form along with the necessary supporting documents, you can enable your spouse and unmarried children under the age of 21 to join you in the United States in derivative asylee/refugee status. (See I.N.A. § 207(c)(2) and I.N.A. § 208(b)(3).) It is important to note that you have a two-year window from the date of your grant of asylum or refugee status to apply for derivative status for your eligible family members. However, in certain cases where there is good cause, the requirement to file within two years may be waived by the U.S. Keep in mind that as the principal asylee or refugee, you are the only one eligible to file Form I-730 for your family member. If you were granted derivative asylee or refugee status, you are not eligible to file this form. Who Will Qualify as a Refugee/Asylee Relative The principal refugee or asylee must be the person who fills out and files the form for family members. The family members themselves cannot petition for derivative status on their own.  To become a derivative refugee or derivative asylee, the family member must: Have an existing relationship with the principal refugee or asylee Be an unmarried child Be under the age of 21 Have no record of persecution   Having an Already Existing Relationship on Your Asylum/Refugee Grant Date When you file Form I-730 for a spousal family member, you must have an already established relationship with the person when you received your refugee or asylum status. Additionally, you and the partner you are petitioning for must still be in relationship when you file Form I-730 with USCIS. For your spouse, you must have been married by the time you were granted refugee status/asylum. If you are filing for your child, they need to have been either conceived or born by the date you were granted refugee status or asylum. I-730 Petition for Your Unmarried Child If you are filing USCIS Form I-730 for your child, they must be unmarried. If your child gets married even after you file, they will be ineligible to join you in the United States. Child Under 21 Years Old The child you are filing the I-730 petition for needs to be under the age of 21: When you first applied for asylum or When you had your refugee status interview Another qualification is for your child to be listed on your initial forms (Form I-589 or Form I-590) when you petitioned for your current status. If your child is currently 21 and you have already petitioned for them using Form I-730, then they may be protected under the Child Status Protection Act (CSPA). According to the Immigration and Nationality Act (INA), a child is defined

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Chances of Criminal Record Affecting Immigration (Part: 2)

March 9, 2023

Chances of Criminal Record Affecting Immigration (Part: 2) Read part one here Finding the Law on Which Crimes Bar One From U.S. Citizenship Even if a crime does not result in deportation, it may keep the offender from naturalizing as a citizen of the United States. For instance, a person convicted of unlawful gambling cannot become a citizen because it demonstrates a lack of moral character; they are not subject to deportation. Being of good moral character is a need for citizenship, especially five years before submitting a naturalization application. (It is less if you qualify for an exception allowing you to apply for citizenship earlier, such as by marriage to a citizen of the United States.) The reasonable moral character statute in I.N.A. Section 101(f) contains a list of offenses or crimes. You’ll notice that the final two things on the list state that they are applicable even after the five-year window has passed. They are referred to as the insurmountable obstacles to morality. You are ineligible to seek naturalized U.S. citizenship if you have ever been convicted of an aggravated felony, taken part in the genocide, or undergone torture.  Looking at USCIS Guidance Can Also Help Although studying the laws is necessary, doing so might be difficult. It can be challenging to understand what the law means for you because they are sometimes ambiguous and written incomprehensibly. Examining what the American government has to say about your offense is the next step. Start by looking at the USCIS Policy Manual. This is a helpful collection of USCIS policies that describe various pieces of immigration law. Volume 12, which covers the citizenship application process, has useful information on the need for moral character. Admissibility is discussed in Volume 8. Although it omits the criminal reasons for inadmissibility, it gives an in-depth discussion of inadmissibility resulting from fraud or deception and illustrates how an officer considers inadmissibility issues during an application process. Finally, Volume 9-part B addresses the issue of extreme hardship, which is required in practically every waiver of inadmissibility, whether related to a crime or not. Another place to look is the State Department’s Foreign Affairs Manual. It is intended to help consular officers adjudicate visa applications and includes good information.  Helpful Instructions are included on every immigration form The instructions for USCIS forms specific to the immigration benefit you want to apply for are another place to look. They can be helpful in determining the implications of your crime for you. For instance, you can look at the instructions for the green card application form (I-485) if you are concerned about being inadmissible for reasons of changing status within the U.S. These inform you that if you are ineligible, you may still be able to request a waiver and point you in the direction of the instructions for the relevant form to complete (Form I-601 or Form I-212). Each USCIS form’s instructions section begins with a discussion of who must file that form, which can help determine whether you need a

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Transfer of Underlying Basis – Part One

February 14, 2023

Transfer of Underlying Basis – Part One An applicant for an adjustment of status whose application is based on a certain immigrant category sometimes intends the application to be looked at under a different category.  For example, an applicant who originally applied for adjustment based on a pending or approved employment-based petition but later married a U.S. citizen and now wants to adjust based on a family-based petition filed by the new U.S. citizen spouse. An applicant who originally applied for adjustment based on a pending or approved special immigrant petition but now wants to adjust based on a later filed family or employment-based petition. A. Requirements for eligibility When considering a request to transfer the basis of an adjustment application, the officer should think about the following pointers. 1. Keeping the right to change the status To move an adjustment application from one basis to another, there can’t be a break in the applicant’s basic eligibility to adjust before the transfer request is sent.  A transfer cannot be given if the applicant is no longer eligible by the time the transfer is asked for. Not when the transfer request is reviewed or granted, but when it is received, is the most important date for figuring out if the person is still eligible.  Adjustment Applications must always be backed up by a Petition or Basis and be free of fraud.  2. The adjustment application is still pending An adjustment application cannot be moved from one basis to another if there are any breaks in the application, such as if the applicant decides to withdraw the application or if the application is denied because the applicant did not show up for a scheduled interview without a good reason. Once a final decision has been made on an adjustment application, whether it was approved, denied, or withdrawn, a transfer cannot be approved, even if USCIS reopens or rethinks the final decision. 3. Who can be in the Substituted Category To back up their request to switch to a new eligibility basis, the applicant must show proof that they are eligible for the new immigrant category.  The instructions for filing the adjustment application will tell you what proof is needed. The transfer request should be handled as if it were a new application, and the person asking for the change should provide the documents needed to show that they are eligible for the new adjustment category. Under the new category of immigrants, it is up to the applicant to show that they are eligible.  Before making a decision on a request for an adjustment, an officer does not have to make a full eligibility determination or pre-judge the application, even though proving eligibility may help the officer decide whether or not to grant the request. Inadmissibility and Bars to Adjustment Under INA 245(c) The officer should think about the fact that a person who wants to change the basis of an adjustment application that is still being processed may become subject to grounds

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Undocumented Immigrant

January 24, 2023

Undocumented Immigrant An undocumented immigrant is a person born outside of the United States but does not have the authorization necessary to be in or to stay in the U.S. under any circumstances. But unfortunately, that’s where the simple part ends. Let’s look at some frequent questions and misconceptions surrounding undocumented immigrants. What difference Between an Undocumented Immigrant and an Illegal Alien “Illegal alien” is not a technical phrase; thus, the answer is “yes” only in theory. It is jargon that is commonly used but is not found anywhere in the immigration rules of the United States. However, because of the derogatory connotations associated with the term, it is preferred to use less offensive terminology, such as “undocumented immigrant” or “unauthorized immigrant.” How Many Undocumented Immigrants are in the United States? It is estimated that the number of immigrants living in the United States without proper documentation is anywhere between 10.5 and 12 million. Given that this is a population that actively works to avoid detection, it is obvious that there is no way to ascertain the exact number of individuals involved. Is it True That all Undocumented Immigrants Enter the United States Illegally? A handful of them, but not all. Although it is difficult to obtain reliable data, it is abundantly obvious that a considerable percentage of undocumented immigrants initially entered the United States legitimately from a variety of nations, either as tourists or on some other type of nonimmigrant (temporary) visa. Then, after the time that their permitted stay was supposed to end, they did not leave the country as expected. Overstaying a visa carries its own consequences under U.S. immigration law.  Why Hasn’t the U.S. Deported all Undocumented Immigrants? In part, this is due to the fact that the resources available to law enforcement in the United States are not sufficient to keep up with the numbers. Even the detention and removal of a single individual can cost several thousands of dollars. It is also essential to have a firm grasp on the fact that there are grey areas, in which a person who would be labeled undocumented possesses something that is essentially equivalent to a right to remain in the United States. Some illegal immigrants are unaware that they may be able to stay in the United States if they have a valid claim for asylum, Temporary Protected Status (TPS), or another kind of immigration relief. This is especially true for those immigrants who entered the country as children. For instance, asylum seekers who are at risk of being persecuted by their own government but are unable to make direct contact with a refugee agency in their home country may be left with no other option but to enter the United States illegally in order to avoid being persecuted. They should be permitted to present their allegation if they are stopped at the border, and if an immigration court determines that their fear is credible, they should be allowed to meet the judge. Or, if a person who

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Things You Need to Know About EB2-NIW

January 19, 2023

Things You Need to Know About EB2-NIW People from all over the world fantasize about making a move to the United States because of the opportunities it provides. However, the immigration procedure, particularly the process of obtaining a green card through an EB-2 NIW, is lengthy and time-consuming. In addition to that, not everyone is eligible. The EB-2 National Interest Waiver visa is one of the several visas and avenues to immigration that the United States government makes accessible. Still, it is the one that has seen the greatest amount of success. The EB2-NIW is an employment-based visa that does not require sponsorship. The NIW stands for “national interest waiver.” This means that the U.S. government will waive the requirement of a job offer. The Department of Labor will provide authorization to employ a foreign national if the foreign national’s proposed endeavor benefits the U.S. Thus, a qualified individual can “self-petition” and get a green card based on their own professional experience and skills. The EB2-NIW visa requires a lot of documentation. It also includes many steps that people do not often know of or understand. Here, we have listed all the frequently asked questions that people often struggle with. In doing so, we aim to make the green card application process and processing times a bit easier for our clients. Below is a complete, basic guide to the EB2-National Interest Waiver visa. EB-2 with National Interest Waiver An EB2-NIW is an immigrant visa category that grants a foreign national lawful permanent residence without the requirement of an employment offer or a labor certificate. The job offer requirement is waived if the candidate can prove that his permanent residence in the U.S. would be of “national interest” and would benefit the country. Difference Between a Regular EB2 and an EB2 with National Interest Waiver Yes, they are both vastly different in terms of their requirements, processing times, and the documentation required for each. Generally, an EB2 visa or other employment-based visas require a formal employment offer for an applicant to be eligible to apply. Additionally, it requires a Labor Certification from the Department of Labor. An EB2 with NIW, on the other hand, does not require any employment offer. The applicant is not required to go through the labor certification process with the Department of Labor. This is as long as the petitioner (applicant) can prove that their admittance to the United States would be of national benefit. Who Can Apply for an EB2-NIW? Any foreign national can apply for an EB2-NIW visa. An immigration attorney is able to complete a strong application package that checks off all of the requirements and makes the appropriate legal arguments. An applicant does not need an employer. What Does an EB2-NIW Waive Off? The EB2-National Interest Waiver dismisses the need for a labor certification from the Department of Labor. The labor certification can be costly and takes time to obtain. This visa also waives the requirement of an employment offer. However, all other “entry” requirements

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All you Need to Know About H-3 Visa

January 19, 2023

All you Need to Know About H-3 Visa Ever wondered if there is a visa category regulated by the USA that is dedicated to foreign Trainees? If you are looking for one, then you have come to the right place. H-3 visa mostly comes into use when a USA-based corporation has its establishment in foreign locations and it wants to train its employees in its training center in the USA. However, this visa program allows not only foreign trainees but also Special Education Exchange Visitors to come temporarily and receive training here under the H-3 non-immigrant visa. However, in both cases, the purpose of the H-3 classification does not address productive employment at all. Instead, this is specifically designed to allow foreign nationals to have training that is unavailable in  their country of residence. Who are eligible to avail H-3 visa? Trainees: Foreign nationals having residence in a foreign country and coming temporarily to the USA as trainees are eligible to apply for this visa. A caveat is that the trainee must have received an invitation from an organization or person to receive training, in any field including but not limited to Agriculture, Commerce, Communications, Finance, Government, Transportation, and Other Professions. Moreover, the allowed fields of training do not include graduate medical education or training. Special Education Exchange Visitors: They are those visitors who seek to participate in training programs that are dedicated to the education of children with physical, mental, or emotional disabilities. The Special Exchange Visitor must have a baccalaureate degree in special education or be near the completion of a baccalaureate degree program in the same or have extensive prior training and experience in teaching children with physical, mental, or emotional disabilities.  What are the requirements for to Training Program to avail H-3 Visa as a Trainee? The petition for an H-3 visa can only be filed by a US employer or organization, and the trainee himself/herself cannot do so. While filing the petition, the petitioner must demonstrate that: a) The proposed training is not available in the trainee’s country; b) The trainee will not be employed in the normal operation of the business and will not engage in productive employment not incidental and necessary to the training; c) The training will benefit the trainee in pursuing a career outside the USA. On the other hand, some characteristics of a training program may make it incompatible with the H-3 visa program. These include but are not limited to: A program that is incompatible with the practitioner’s business or enterprise Invites a trainee who already possesses substantial expertise and training in the proposed field of training. The field proposed is a field the knowledge of which is unlikely to be used outside the USA Petitioner does not have the physical plant and sufficiently trained workforce to train the trainee. The training program intends to extend the total allowable period of practical training previously authorized to a non-immigrant student. The Process of filing H-3 visa application for a Trainee:

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DV Visa Program: All You Need to Know

January 17, 2023

DV Visa Program: All You Need to Know If you have plans to immigrate to the US at any point in the future, there is a possibility that you have thought about acquiring a DV visa. If you are lucky enough to be selected for the DV program, this is one of the easiest ways to obtain lawful permanent residency in the US. But what is the DV program? The “Diversity Immigrant Visa Program”, also known as the “DV Visa” program or the “DV Lottery”, is a statutorily created immigrant visa program for citizens of countries that historically have low rates of immigration into the US. The Department of State administers this visa program every year. Every year, around 50000 diversity visas are made available to potential immigrants in this category. The entry period for the DV-2024 Diversity Visa Program was between October 5, 2022, and November 8, 2022. If you have applied for a diversity visa during this period or planning to apply for the DV-2025 Diversity Visa Program, you probably want to know more about the program. In this blog, we will discuss the details of this visa program.  How to Apply: You can apply for a Diversity Visa within a limited period of time each fiscal year. The time period during which the Diversity Visa is available is published by the Department of State every year. Within this time period, you can visit the official Electronic Diversity Visa (E-DV) website (https://dvprogram.state.gov/) and apply for the visa. A person can only apply once during each registration period.  Once you complete the registration, you will receive a confirmation number. You will have to use this number for checking the status of your application. Registration is completely free.   How to Know if You are Eligible: The DV program has a few requirements that an applicant needs to meet in order to be eligible. These are:  You must be a native of an eligible country: The DV visa is only available to natives of countries with a historically low immigration rate in the US. The list of countries that are eligible can vary between years. This usually happens when the citizens of a particular country have immigrated to the US at very high rates in recent years, and for this reason, the Diversity quota does not apply to them. For example, natives of Bangladesh were not eligible for the DV-2024 program, because more than 50000 natives of the country immigrated to the US in the past 5 years.  You must meet the education/work experience requirement of the DV program: In order to do so, you must have either a successfully completed 12-year course of formal elementary and secondary education or two years of work experience within the past five years in an occupation that requires at least two years of training or experience to perform. If you meet these requirements, you will be eligible to apply for the DV visa.  Selection of Applicants: The selection process of Diversity Immigrant Visa (DV) applicants is conducted randomly

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WHAT IS ADMINISTRATIVE PROCESSING?

January 16, 2023

WHAT IS ADMINISTRATIVE PROCESSING? Administrative processing, also referred to as Security Advisory Opinion (SAO), is the time frame during which a determination regarding a US visa application is made outside of the time it takes for visa processing. An official from the Department of State’s consular division will be deciding on your application when you appear for your visa interview. At the completion of the interview, consular authorities must decide on a case. This signifies that they have to be convinced that you comply with the requirements for the visa and do not present a risk to the US in terms of security or any other relevant area. A decision about the visa application must be made by the officer at the conclusion of the interview; no case may stay in an unadjudicated status after that point. If the officer decides to grant the visa, they will inform you of their decision and provide you with information on how to do so. If the officer’s decision is to deny the application, the officer has a couple of choices, and this is where administrative processing can come into play. HARD AND SOFT DENIALS Denials can be broadly categorized into two categories: “hard” and “soft” denials.  A denial made in accordance with any or both of the Immigration and Nationality Act’s (INA) Sections 214(b) or 212(a) is referred to as a “hard” denial.  The law’s Section 214(b) authorizes the officer to summarily reject the application for a visa if they believe the applicant would overstay it if it is granted. When an application is denied under Section 212(a), the officer must make a legal determination that the applicant is not permitted to enter the country for a particular reason (for example, the applicant has been convicted of a controlled substance violation). Denials under Sections 214(b) and 212(a) are regarded as “hard” since the application has been thoroughly adjudicated at that stage and it is unlikely that the negative judgment will be overturned or amended, at least not on that application. But the consequences of Administrative Processing indicate the “soft denial. A “soft” denial is a denial under Section 221(g). Section 221(g) is the provision of the INA that allows an officer to deny a case as an interim measure when they do not have the information or clearance they need to be able to grant the visa at that moment.  In general, an officer would issue a “soft” denial as opposed to a “hard” refusal, submitting the case for administrative processing for the following reasons: They now lack some information or approval, but they anticipate getting it shortly. When they do, they will override the denial and grant the visa. HOW DO I KNOW WHICH TYPE OF DENIAL I’VE RECEIVED? Examining the written notice the officer provides you with at the conclusion of the interview will help you determine the type of denial you have experienced.  You will know you have received a “hard” denial if the officer states anything to the

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