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2 Injunctions on Public Charge issued on July 29 impact on IR1 Consulates Interview and Visa Approval

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Filed: IR-1/CR-1 Visa Country: Japan
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18 minutes ago, vj-nv-55 said:

I just found another CR1/IR1 approved in Manila...I hope and pray that will be the case at Tokyo Embassy too.  Yes, I will post about my interview.  

I was originally scheduled on Aug 24th, but our expedite request was accepted and moved to Aug 6th.  

Yes, I received an email from the Embassy on July 31:  Here is the list of documents I am requested to bring. Since my petitioner is not a salaried worker, no W2 has been asked for. As you can see in the list below, DS5440 is not included either. 

  1. Original Marriage certificate
  2. Original Family register with English translation
  3. Police Certificates
  4. Medical Examination Documents from a Panel physician (* mine is to be electronically sent directly from the clinic to the Embassy)
  5. Valid passpor
  6. Two photos
  7. Letter pack plus.

 

FYI, there is an informative blog/support group for the Japanese applicants (in the Japanese language) you might find helpful: https://daysintheusa.com/forums/forum/cr1ir1/  There are several first-hand reports on what happened on July 31 --- the consequence of the injunctions.

 

Thanks for the info. Very helpful. 
 

yeah, I’m aware of the Days in the USA blog as well. The injunctions issue did create some issues for people who were interviewed that day. 
 

Good luck with the interview! 

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Filed: IR-1/CR-1 Visa Country: Japan
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46 minutes ago, OrihimeandIchigo said:

Does anyone think the State Department will make a statement about the DS-5540 like the USCIS did on their website? Has anyone seen anything? 

Could not find any statement or press release from DOS regarding the relevant injunctions yet. 

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Filed: IR-1/CR-1 Visa Country: Japan
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17 minutes ago, vj-nv-55 said:

Hello @TaKane     

 

I had my interview this morning. 


I arrived at 8:10 am (my appointment was at 8:30). I was told by the security guard to wait till 8:15 when they start letting people in. Before getting there, I had to show my appointment letter (printed from email) to two police officers standing near the gate. There were a LOT of officers standing to guard from the ultra right wings screaming toward the Embassy (it's Hiroshima A-bomb Day today).

I was escorted into the embassy at 8:15.  (For those who need to use a restroom before getting in, the building right next to the embassy has clean restrooms on the first floor.)

The security gate was just like any airport. You are not allowed to bring lap-top computers.  Only one cell-phone is allowed. They will ask you to turn off the Bluetooth function.

At the entrance into the building, at the reception, you will hand in your passport and you will receive a clear file case and a sheet of instruction -- what to do while waiting to be called by the intake officer.

Upon entering the visa section, you are to take a number and wait till your number is called (and shown on the monitor).  By this time you are supposed to have all the required documents ready in order into the file case.  Remember to write your full name on the back of the two photos. 

In the visa section (waiting room), there are restrooms, a beverage vending machine, a photo booth, and a water dispenser.  The room was pretty chilly with the air conditioners, partly because the room was practically empty. 

At 8:20, my number was called and I turned in all the documents.  At this stage, there were 2 other parties in the room.  Here, the officer asks basic questions.   The office opened the police certificate here. She was very friendly and kind. 

1.  Have you ever lived other than US/Japan?

2.  First marriage?  Any children?

3.  Any criminal record?

4.  Any rejection at US Immigration before?

5.  Med report is sent electronically?

6.  Mother (Father)'s maiden names

 

At 8:35, I was called to do the fingerprints.  The officer was very gentle and nice. Fingerprints are taken just as you do at the immigration at a port of entry ---  different from the way they did at the Police. Around between then and 9 am, another four applicants arrived.  Total 7 including me.


After that, the wait was a bit long. I saw a couple of officers talking behind the counters and frequently checking their computer screens. At 9:20 I saw a supervisor-look-like office coming out from the behind and chatted with the officers at the counter, and then they did little fist pumps.  I did not know what it meant but I took the liberty of interpreting it as a good sign -- "we can issue visas now!!" 

 

Though my number was #3, I was the first one to be called for the interview (around 9:25). Interestingly, they asked to take my fingerprints (right hand only) again.

Here are the questions the officer asked:

 

- What is your spouse' name?

- Where did you meet?  When? 

- Where do your spouse's parents live?  Where are they from?

- What does your spouse do for work?  How about yourself?

- Where are you planning to live in the US?  --- I told them we already have a house with no mortgage.

- How long were you together before getting married?  Had a big wedding party or what?

 

No question about insurance and finance.  No mention on DS5440.  The interview was short and simple.  8 minutes or so. Since the officer (and myself) was wearing a mask, it was not easy to hear, but he was generous enough to repeat if I looked confused or stuck.

 

At the end, the officer said, "OK. Everything's good. Approved. Congratulations" with a warm smile.  He said I will have my passport/visa on hand within a week or so. I could not ask for any better officer.  He was so friendly, gentle, and willing to be helpful.

 

Till the very last moment I heard the long awaited (we started in Feb 2019) word, "APPROVED", I was so afraid what if my visa is on hold like some people on July 31. 

 

I was out of the Embassy at 9:35.  The Ultra Right Wing were still screaming.....I rushed into the Hotel Okura and had a sigh of relief.  



 

 

 

@vj-nv-55 a big congratulations to you! 

Glad your interview went well this morning! Seems like the interview was just basic checking docs and simple questions about the petitioner and beneficiary. 

 

Well, now you can be stress free and enjoy the next step to head to the US.

 

Our interview is next week....Wish us luck.

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Filed: IR-1/CR-1 Visa Country: Japan
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@TaKane  Thank you for your kind words.   I would say the interview was much easier and smoother than I had anticipated.  The officers were all nice.

Good luck on your interview.

 

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Filed: IR-1/CR-1 Visa Country: Japan
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Just now, vj-nv-55 said:

@TaKane  Thank you for your kind words.   I would say the interview was much easier and smoother than I had anticipated.  The officers were all nice.

Good luck on your interview.

 

Thanks @vj-nv-55. Also thanks for sharing your experiences and questions with us. Much appreciated 😊

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4 hours ago, vj-nv-55 said:

Hello @TaKane     

 

I had my interview this morning. 


I arrived at 8:10 am (my appointment was at 8:30). I was told by the security guard to wait till 8:15 when they start letting people in. Before getting there, I had to show my appointment letter (printed from email) to two police officers standing near the gate. There were a LOT of officers standing to guard from the ultra right wings screaming toward the Embassy (it's Hiroshima A-bomb Day today).

I was escorted into the embassy at 8:15.  (For those who need to use a restroom before getting in, the building right next to the embassy has clean restrooms on the first floor.)

The security gate was just like any airport. You are not allowed to bring lap-top computers.  Only one cell-phone is allowed. They will ask you to turn off the Bluetooth function.

At the entrance into the building, at the reception, you will hand in your passport and you will receive a clear file case and a sheet of instruction -- what to do while waiting to be called by the intake officer.

Upon entering the visa section, you are to take a number and wait till your number is called (and shown on the monitor).  By this time you are supposed to have all the required documents ready in order into the file case.  Remember to write your full name on the back of the two photos. 

In the visa section (waiting room), there are restrooms, a beverage vending machine, a photo booth, and a water dispenser.  The room was pretty chilly with the air conditioners, partly because the room was practically empty. 

At 8:20, my number was called and I turned in all the documents.  At this stage, there were 2 other parties in the room.  Here, the officer asks basic questions.   The office opened the police certificate here. She was very friendly and kind. 

1.  Have you ever lived other than US/Japan?

2.  First marriage?  Any children?

3.  Any criminal record?

4.  Any rejection at US Immigration before?

5.  Med report is sent electronically?

6.  Mother (Father)'s maiden names

 

At 8:35, I was called to do the fingerprints.  The officer was very gentle and nice. Fingerprints are taken just as you do at the immigration at a port of entry ---  different from the way they did at the Police. Around between then and 9 am, another four applicants arrived.  Total 7 including me.


After that, the wait was a bit long. I saw a couple of officers talking behind the counters and frequently checking their computer screens. At 9:20 I saw a supervisor-look-like office coming out from the behind and chatted with the officers at the counter, and then they did little fist pumps.  I did not know what it meant but I took the liberty of interpreting it as a good sign -- "we can issue visas now!!" 

 

Though my number was #3, I was the first one to be called for the interview (around 9:25). Interestingly, they asked to take my fingerprints (right hand only) again.

Here are the questions the officer asked:

 

- What is your spouse' name?

- Where did you meet?  When? 

- Where do your spouse's parents live?  Where are they from?

- What does your spouse do for work?  How about yourself?

- Where are you planning to live in the US?  --- I told them we already have a house with no mortgage.

- How long were you together before getting married?  Had a big wedding party or what?

 

No question about insurance and finance.  No mention on DS5440.  The interview was short and simple.  8 minutes or so. Since the officer (and myself) was wearing a mask, it was not easy to hear, but he was generous enough to repeat if I looked confused or stuck.

 

At the end, the officer said, "OK. Everything's good. Approved. Congratulations" with a warm smile.  He said I will have my passport/visa on hand within a week or so. I could not ask for any better officer.  He was so friendly, gentle, and willing to be helpful.

 

Till the very last moment I heard the long awaited (we started in Feb 2019) word, "APPROVED", I was so afraid what if my visa is on hold like some people on July 31. 

 

I was out of the Embassy at 9:35.  The Ultra Right Wing were still screaming.....I rushed into the Hotel Okura and had a sigh of relief.  



 

 

 

Thank you for your updates! Mine is around the corner in Tokyo as well!

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4 hours ago, vj-nv-55 said:

Hello @TaKane     

 

I had my interview this morning. 


I arrived at 8:10 am (my appointment was at 8:30). I was told by the security guard to wait till 8:15 when they start letting people in. Before getting there, I had to show my appointment letter (printed from email) to two police officers standing near the gate. There were a LOT of officers standing to guard from the ultra right wings screaming toward the Embassy (it's Hiroshima A-bomb Day today).

I was escorted into the embassy at 8:15.  (For those who need to use a restroom before getting in, the building right next to the embassy has clean restrooms on the first floor.)

The security gate was just like any airport. You are not allowed to bring lap-top computers.  Only one cell-phone is allowed. They will ask you to turn off the Bluetooth function.

At the entrance into the building, at the reception, you will hand in your passport and you will receive a clear file case and a sheet of instruction -- what to do while waiting to be called by the intake officer.

Upon entering the visa section, you are to take a number and wait till your number is called (and shown on the monitor).  By this time you are supposed to have all the required documents ready in order into the file case.  Remember to write your full name on the back of the two photos. 

In the visa section (waiting room), there are restrooms, a beverage vending machine, a photo booth, and a water dispenser.  The room was pretty chilly with the air conditioners, partly because the room was practically empty. 

At 8:20, my number was called and I turned in all the documents.  At this stage, there were 2 other parties in the room.  Here, the officer asks basic questions.   The office opened the police certificate here. She was very friendly and kind. 

1.  Have you ever lived other than US/Japan?

2.  First marriage?  Any children?

3.  Any criminal record?

4.  Any rejection at US Immigration before?

5.  Med report is sent electronically?

6.  Mother (Father)'s maiden names

 

At 8:35, I was called to do the fingerprints.  The officer was very gentle and nice. Fingerprints are taken just as you do at the immigration at a port of entry ---  different from the way they did at the Police. Around between then and 9 am, another four applicants arrived.  Total 7 including me.


After that, the wait was a bit long. I saw a couple of officers talking behind the counters and frequently checking their computer screens. At 9:20 I saw a supervisor-look-like office coming out from the behind and chatted with the officers at the counter, and then they did little fist pumps.  I did not know what it meant but I took the liberty of interpreting it as a good sign -- "we can issue visas now!!" 

 

Though my number was #3, I was the first one to be called for the interview (around 9:25). Interestingly, they asked to take my fingerprints (right hand only) again.

Here are the questions the officer asked:

 

- What is your spouse' name?

- Where did you meet?  When? 

- Where do your spouse's parents live?  Where are they from?

- What does your spouse do for work?  How about yourself?

- Where are you planning to live in the US?  --- I told them we already have a house with no mortgage.

- How long were you together before getting married?  Had a big wedding party or what?

 

No question about insurance and finance.  No mention on DS5440.  The interview was short and simple.  8 minutes or so. Since the officer (and myself) was wearing a mask, it was not easy to hear, but he was generous enough to repeat if I looked confused or stuck.

 

At the end, the officer said, "OK. Everything's good. Approved. Congratulations" with a warm smile.  He said I will have my passport/visa on hand within a week or so. I could not ask for any better officer.  He was so friendly, gentle, and willing to be helpful.

 

Till the very last moment I heard the long awaited (we started in Feb 2019) word, "APPROVED", I was so afraid what if my visa is on hold like some people on July 31. 

 

I was out of the Embassy at 9:35.  The Ultra Right Wing were still screaming.....I rushed into the Hotel Okura and had a sigh of relief.  



 

 

 

congratulations! glad that everything went well for you. I hope i get the same experience as you did on the 21st. Now time for you to shake the stress away

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Filed: IR-1/CR-1 Visa Country: Japan
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6 hours ago, vj-nv-55 said:

Hello @TaKane     

 

I had my interview this morning. 


I arrived at 8:10 am (my appointment was at 8:30). I was told by the security guard to wait till 8:15 when they start letting people in. Before getting there, I had to show my appointment letter (printed from email) to two police officers standing near the gate. There were a LOT of officers standing to guard from the ultra right wings screaming toward the Embassy (it's Hiroshima A-bomb Day today).

I was escorted into the embassy at 8:15.  (For those who need to use a restroom before getting in, the building right next to the embassy has clean restrooms on the first floor.)

The security gate was just like any airport. You are not allowed to bring lap-top computers.  Only one cell-phone is allowed. They will ask you to turn off the Bluetooth function.

At the entrance into the building, at the reception, you will hand in your passport and you will receive a clear file case and a sheet of instruction -- what to do while waiting to be called by the intake officer.

Upon entering the visa section, you are to take a number and wait till your number is called (and shown on the monitor).  By this time you are supposed to have all the required documents ready in order into the file case.  Remember to write your full name on the back of the two photos. 

In the visa section (waiting room), there are restrooms, a beverage vending machine, a photo booth, and a water dispenser.  The room was pretty chilly with the air conditioners, partly because the room was practically empty. 

At 8:20, my number was called and I turned in all the documents.  At this stage, there were 2 other parties in the room.  Here, the officer asks basic questions.   The office opened the police certificate here. She was very friendly and kind. 

1.  Have you ever lived other than US/Japan?

2.  First marriage?  Any children?

3.  Any criminal record?

4.  Any rejection at US Immigration before?

5.  Med report is sent electronically?

6.  Mother (Father)'s maiden names

 

At 8:35, I was called to do the fingerprints.  The officer was very gentle and nice. Fingerprints are taken just as you do at the immigration at a port of entry ---  different from the way they did at the Police. Around between then and 9 am, another four applicants arrived.  Total 7 including me.


After that, the wait was a bit long. I saw a couple of officers talking behind the counters and frequently checking their computer screens. At 9:20 I saw a supervisor-look-like office coming out from the behind and chatted with the officers at the counter, and then they did little fist pumps.  I did not know what it meant but I took the liberty of interpreting it as a good sign -- "we can issue visas now!!" 

 

Though my number was #3, I was the first one to be called for the interview (around 9:25). Interestingly, they asked to take my fingerprints (right hand only) again.

Here are the questions the officer asked:

 

- What is your spouse' name?

- Where did you meet?  When? 

- Where do your spouse's parents live?  Where are they from?

- What does your spouse do for work?  How about yourself?

- Where are you planning to live in the US?  --- I told them we already have a house with no mortgage.

- How long were you together before getting married?  Had a big wedding party or what?

 

No question about insurance and finance.  No mention on DS5440.  The interview was short and simple.  8 minutes or so. Since the officer (and myself) was wearing a mask, it was not easy to hear, but he was generous enough to repeat if I looked confused or stuck.

 

At the end, the officer said, "OK. Everything's good. Approved. Congratulations" with a warm smile.  He said I will have my passport/visa on hand within a week or so. I could not ask for any better officer.  He was so friendly, gentle, and willing to be helpful.

 

Till the very last moment I heard the long awaited (we started in Feb 2019) word, "APPROVED", I was so afraid what if my visa is on hold like some people on July 31. 

 

I was out of the Embassy at 9:35.  The Ultra Right Wing were still screaming.....I rushed into the Hotel Okura and had a sigh of relief.  



 

 

 

Thank you for sharing your experience. 

 

Your last line reminds me of something from a Murakami Haruki novel!

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Filed: IR-1/CR-1 Visa Country: Japan
Timeline

Finally DOS made an announcement in regards to Public Charge injunction on August 7, 2020.

 

DA-5540 is not required at least for the interim.

 

https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html

 

Update on Public Charge

Last Updated: August 7, 2020

 

On Wednesday, July 29, the United States District Court for the Southern District of New York enjoined the Department of State from “enforcing, applying, implementing, or treating as effective” the Department’s October 2019 interim final rule and accompanying Foreign Affairs Manual guidance related to the public charge ground of visa ineligibility.  The Department is complying with the court’s order and is in the process of updating its guidance to consular officers on how to proceed under the preliminary injunction. In the interim, visa applications that appear to be ineligible under INA 212(a)(4) will be refused for administrative processing to allow for consultation with the Department, including legal review to ensure compliance with applicable court orders.  Visa applicants are not requested to take any additional steps at this time and should attend their visa interviews as scheduled.  Applicants are not required to complete nor should they present the DS-5540, Public Charge Questionnaire.

 

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Filed: IR-1/CR-1 Visa Country: Japan
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10 minutes ago, TaKane said:

Finally DOS made an announcement in regards to Public Charge injunction on August 7, 2020.

 

DS-5540 is not required at least for the interim.

 

https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html

 

Update on Public Charge

Last Updated: August 7, 2020

 

On Wednesday, July 29, the United States District Court for the Southern District of New York enjoined the Department of State from “enforcing, applying, implementing, or treating as effective” the Department’s October 2019 interim final rule and accompanying Foreign Affairs Manual guidance related to the public charge ground of visa ineligibility.  The Department is complying with the court’s order and is in the process of updating its guidance to consular officers on how to proceed under the preliminary injunction. In the interim, visa applications that appear to be ineligible under INA 212(a)(4) will be refused for administrative processing to allow for consultation with the Department, including legal review to ensure compliance with applicable court orders.  Visa applicants are not requested to take any additional steps at this time and should attend their visa interviews as scheduled.  Applicants are not required to complete nor should they present the DS-5540, Public Charge Questionnaire.

 

Typo: should be DS-5540 (not DA) 😉

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21 hours ago, TaKane said:

Finally DOS made an announcement in regards to Public Charge injunction on August 7, 2020.

 

DA-5540 is not required at least for the interim.

 

https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html

 

Update on Public Charge

Last Updated: August 7, 2020

 

On Wednesday, July 29, the United States District Court for the Southern District of New York enjoined the Department of State from “enforcing, applying, implementing, or treating as effective” the Department’s October 2019 interim final rule and accompanying Foreign Affairs Manual guidance related to the public charge ground of visa ineligibility.  The Department is complying with the court’s order and is in the process of updating its guidance to consular officers on how to proceed under the preliminary injunction. In the interim, visa applications that appear to be ineligible under INA 212(a)(4) will be refused for administrative processing to allow for consultation with the Department, including legal review to ensure compliance with applicable court orders.  Visa applicants are not requested to take any additional steps at this time and should attend their visa interviews as scheduled.  Applicants are not required to complete nor should they present the DS-5540, Public Charge Questionnaire.

 

Thanks for posting! 

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https://fam.state.gov/fam/09fam/09fam030208.html
 

From the language they’ve used in FAM, I believe only the public benefit is gotten rid off, everything else applies such as age, health, income, family status and education and skills?

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So in the thrilling world of immigration news(see below for reference link), it seems that the Public Charge rule (on the US State Side order) has been notified by a higher court. The Strike down will only apply to the three states that filed the lawsuits - NY, VT, CT - and Each individual State needs to file its own lawsuit. I believe in IL this Public Charge had already been rejected from the very beginning. The good news is the higher court agrees with the strike down of the public charge but that each state needs to file its own lawsuit.


For those of us in the Embassy process it doesn’t seem to effect us, but we need to keep an eye out on the DOS to see if they change anything, but I don’t know if that is possible since their court order was separate from the states court order. 
Others in the USCIS process should really keep an eye out on what the USCIS does to modify the resent update and which states file lawsuits. 
 

I could only find this information on this lawyers blog but I think because it seems to be so new. He also added a link to the actually court order. 
 

Please keep your eyes peeled and let us all know if you see any official reports on it. And please read the article Below for yourself, I’m not a reporter and just summarized what I understood...

https://www.visalawyerblog.com/breaking-news-appeals-court-strikes-down-nationwide-public-charge-injunction-and-modifies-scope-of-injunction-to-three-states/?fbclid=IwAR27XLjYYZO3QdcJSDLtGdWF2jDeLtU9iS_9OGQ5gMzyQYPosWoWBfbyCzU

Edited by NMHayek
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