US Government Shutdown

[c12h22oh 11]

How Would a Government Shutdown Affect Immigration Cases?

There is no simple answer to this question, as some federal government agencies would continue to operate, some would close partially and some would close almost completely. Since the last time this kind of shutdown happened was 15 years ago, there are no clear rules and guidance as to what would remain open and what would close. With respect to immigration, it appears that there would be some disruptions to pending cases and upcoming filings. Generally, the government is likely to stop all non-essential, all non-self-funded and all non-contractually funded services.

USCIS Cases

Since USCIS is funded primarily through application fees, it is expected that most of its services and centers would operate normally, perhaps with slightly diminished staff. Because USCIS is a government agency which relies on other government agencies to perform its services, there may be certain disruptions; however, overall, case processing at USCIS is expected to resume. Border processing of immigrants and border enforcement activities would continue as they are deemed “essential.”

Department of State – No (or Slow) Visa Applications; Visa Bulletin Uncertain; NVC Processing Could Continue

The Department of State (DOS) is expected to to cease non-emergency visa services and non-US citizen services at U.S. Consular Posts abroad. As a result, no new visas are expected to be issued and visa application interviews are likely to be cancelled (or postponed). U.S. passport applications will not be accepted and processing of submitted applications is likely to be put on hold.

As a comparison, according to data from the Congressional Research Service Report, during the last shutdown in 1995, approximately 20,000 – 30,000 visas went unprocessed each day and 200,000 applications for U.S. passports went unprocessed.

Conclusion

While the full extent of the federal government shutdown (if it were to happen over the next WEEKS) is unknown; we can anticipate some disruptions to government services affecting immigrants. Perhaps more severe would be the disruptions to visa applications at U.S. Consular Posts abroad, followed by delays or inability to file H-1B and/or PERM labor certifications. While some of these affected cases would be able to withstand delay, there would be a number of urgent visa or petition cases which would need to be filed or processed. The shutdown would also create a significant increase in the processing time backlogs for almost all immigration cases.

" I told you before politics and love are not mixing "

Edited October 1, 2013 by c12h22oh

[Jughead 3]

HOMELAND SECURITY

The majority of the Department of Homeland Securitys employees are expected to stay on the job, including uniformed agents and officers at the countrys borders and ports of entry, members of the Coast Guard, Transportation Security Administration officers, Secret Service personnel and other law enforcement agents and officers. US Citizenship and Immigration Services employees would continue to process green card applications.

Source: BostonGlobe

Border/customs patrol will not be affected by Govt. Shutdown...

The changes I read was the military getting delayed paychecks, government loans being delayed, and snap/wic benefits can run for 2 weeks. Immigration will/should run as usual.

As my wife is immigrating to the US on her CR-1 this weekend, my main concern is if the shutdown would affect her getting in and/or delay receiving her green card. Seems from this info though that everything should be OK in that regard.

[immihelp99 21]

Will nvc. Close?

No

As my wife is immigrating to the US on her CR-1 this weekend, my main concern is if the shutdown would affect her getting in and/or delay receiving her green card. Seems from this info though that everything should be OK in that regard.

Yea I wouldn't worry!

[Nick4all 5]

As my wife is immigrating to the US on her CR-1 this weekend, my main concern is if the shutdown would affect her getting in and/or delay receiving her green card. Seems from this info though that everything should be OK in that regard.

No, there shouldn't be any problem for your wife to come to US.

[Jughead 3]

Yea I wouldn't worry!

No, there shouldn't be any problem for your wife to come to US.

Awesome! Thanks

[Changnoi 410]

The Department of Homeland Security will still operate. This includes Customs and Border Protection, the Coast Guard, Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services (USCIS). The borders will remain open and USCIS will continue to operate, including processing green card applications, but E-verify will not be operating. Delays should be expected as each agency, especially USCIS, rely on other agencies that may be closed. Already strapped Immigration Courts will be slowed down. Federal courts have enough income from fees to remain open for about 10 business days after shutdown. The Executive Office for Immigration Review (EOIR) within the Department of Justice will remain open, but of the 1,339 employees employed by EOIR, only 402 will be in the office after government shutdown. Of those 402 employees, only 153 are attorneys. Processing the cases of individuals in detention will, most likely, “be considered an essential function” for the 153 attorneys still going into the office. However, EOIR expects the government shutdown to “affect hearing times.” New H-1B filings will be affected; existing H-1B visas likely will not be. Lawyers are expecting that new H-1B filings will be delayed, but existing H-1B (and H-2B and E-3) visa holders “must continue to be paid at the full rate specified on their visa documentation” or their employers will have to file further paperwork to amend their visas. Visas to the United States and passport processing will be delayed. During the last government shutdown in 1996, approximately 20,000-30,000 visa applications by foreigners went unprocessed for each day offices were closed and 200,000 applications for passports of U.S. citizens stalled. The Department of State has confirmed that visa processing will continue only for “life or death” emergencies. In addition to delaying visas and further slowing down immigration courts, a government shutdown will affect many Americans personally. For example, veterans will wait for their disability benefits, pensions, or educational benefits, as their claims may be delayed. Vacationers will be turned away from government-funded museums and national parks. Small business owners that have applied for a loan from the Small Business Administration will have to wait. Head Start centers that “promote school readiness” for children from low-income families will close. In contrast, the immigration system, by virtue of its connection to Homeland Security and the existence of many fee-funded programs, will roll on, but more slowly, which is likely to further exacerbate the impact of a broken immigration process badly in need of reform. -

See more at: http://immigrationimpact.com/2013/09/30/how-a-government-shutdown-likely-affects-immigration-agencies/#sthash.IK6r5nWo.dpuf

[n4th4ly4 9]

Hi there, my I/L is oct 16, will this issue, Effected on my interview and visa?

[Sureshot53 11]

According to the DOS the embassy will continue to work, the shutdown does not affect them at this time. Good. News!!!!

[a1188323 0]

Were waiting for my wifes interview date...are the embassies abroad still going to be working through this? Will this delay her interview date?

[dwheels76 5,468]

Were waiting for my wifes interview date...are the embassies abroad still going to be working through this? Will this delay her interview date?

Well so far today Jamaican and India have been scheduling November interviews. This is affecting nothing. Don't worry.

[NikaMo 39]

How about processing visa? Our interview was on Sept 27. Here in Phnom Penh visa pick up day is Friday only. But Friday the 4th is a Cambodian holiday and Embassy will be closed. So they gave us Oct 11 to pick up the visa. Gov't shutdown will cause any trouble processing visa?

[n4th4ly4 9]

one of our friend from Islamabad, just got approved. her visa is f2a spouse visa. nothing to worry... visa issuing still on!