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Department of State Announces Four-Tiered Approach for Immigrant Visa Prioritization at Consulates and Embassies Worldwide

 
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Immigrant Visa Prioritization

Last Updated: April 30, 2021

 

As noted in our recent visa services operating status update, the Department of State is committed to sharing the current status of our worldwide visa operations.  As part of that effort, we would like to provide more details regarding how our embassies and consulates are prioritizing immigrant visa applications as the Department works to reduce the backlog of such applications resulting from travel restrictions and operational constraints caused by the global COVID pandemic.

 

The health and safety of our personnel, U.S. citizens seeking assistance abroad, individuals seeking immigration benefits, and local populations is paramount.  Posts that process both immigrant and nonimmigrant visas are prioritizing immigrant visa applications while still providing some nonimmigrant visa services.  However, the volume and type of visa cases each post will process continues to depend on local conditions, including restrictions on movement and gathering imposed by host country governments.  In addition, consistent with U.S. government guidance on safety in the federal workplace, U.S. embassies and consulates have implemented social distancing and other safety measures, which have reduced the number of applicants consular sections are able to process in a single day.  Consular sections will resume providing all routine visa services as it is safe to do so in that particular location.

 

The petitioners and applicants in the immigrant visa process are more than just numbers.  We acknowledge the stress and hardships they have borne during the past year of reduced operating capacity as a result of COVID and necessary measures taken to protect health and safety or to comply with local requirements, as well as COVID-related limitations on their travel or visa issuance.  We also recognize the importance of each immigrant visa category.  However, during the pandemic the Department has been forced to make difficult decisions regarding how our consular sections should prioritize immigrant visa applications as they operate at limited capacity and as they work through a backlog of immigrant visa cases once they resume full operating capacity.  The guiding principle on which we have based immigrant visa prioritization is that family reunification is a clear priority of the U.S. Government’s immigration policy, a priority is expressed in the Immigration and Nationality Act (INA).  Specifically, the Department’s prioritization relied on clear direction from Congress that the Department must adopt a policy of prioritizing immediate relative visa applicants and K-1 fiancées of U.S. citizens, followed by family preference immigrant visa applicants.    

 

Consistent with those objectives, U.S. embassies and consulates are using a tiered approach to triage immigrant visa applications based on the category of immigrant visa as they resume and expand processing.  While our consular sections, where possible, are scheduling some appointments within all four priority tiers every month, the following lists the main categories of immigrant visas in priority order:

 

  • Tier One: Immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), and certain Special Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government)
     
  • Tier Two:  Immediate relative visas; fiancé(e) visas; and returning resident visas
     
  • Tier Three: Family preference immigrant visas and SE Special Immigrant Visas for certain employees of the U.S. government abroad
     
  • Tier Four: All other immigrant visas, including employment preference and diversity visas

 

Many embassies and consulates continue to have a significant backlog of all categories of immigrant visas.  This prioritization plan instructs posts to maximize their limited resources to accommodate as many immediate relative and fiancé(e) cases as possible with a goal of, at a minimum, preventing the backlog from growing in these categories and hopefully reducing it. However, the prioritization plan also instructs posts to schedule and adjudicate some cases in Tier Three and Tier Four each month.  The Department recognizes that visa applicants, particularly those in Tiers Three and Four, will face continued delays.  We further acknowledge that certain programs, including the diversity visa program, operate on a fiscal year basis as required by law.  The Department values the diversity visa program and is making every effort to process as many diversity visa cases as possible, consistent with other priorities, despite the severe operational constraints and backlog resulting from the COVID pandemic.  However, as a result of COVID the number of visas issued in lower-priority preference categories or in such programs as the diversity visa program likely will not approach the statutory ceiling in Fiscal Year 2021.   

 

Posted

This just shows Biden Administration, similar to the Trump administration on
immigration, prioritizes the family immigration rather than a merit
system. But different from Trump administration which is against ALL
immigrants.

You would think a rational immigration system would be a merit system,
rather than taking in all these people that will eventually be placed on the
welfare system anyway. We are the ones that will contribute to the economy
and the tax revenue the most. Instead, the immigrants with extraordinary
abilities were waiting in the line the longest and were forgotten by both
administrations. We are the middle class, but like the middle child, was
always forgotten.

This just shows both administrations prioritize their power gripping by
either taking in those people who will be on welfare and will vote for
democrats no matter what; or in republican's case, no immigrants who
probably won't vote for republicans anyway. But maybe the middle class
immigrants want to vote for democrats as well? Did Biden administration ever
think about that?

In both administration, family immigration was incentivized, rather than via
the merits.This unfortunately will lead to more illegal immigration and
fraud, because people will want to take the shortcut rather than waiting
forever via legal pathways.

Filed: FB-4 Visa Country: Canada
Timeline
Posted (edited)
On 5/12/2021 at 12:41 PM, nancy_02 said:

This just shows Biden Administration, similar to the Trump administration on
immigration, prioritizes the family immigration rather than a merit
system. But different from Trump administration which is against ALL
immigrants.

You would think a rational immigration system would be a merit system,
rather than taking in all these people that will eventually be placed on the
welfare system anyway. We are the ones that will contribute to the economy
and the tax revenue the most. Instead, the immigrants with extraordinary
abilities were waiting in the line the longest and were forgotten by both
administrations. We are the middle class, but like the middle child, was
always forgotten.

This just shows both administrations prioritize their power gripping by
either taking in those people who will be on welfare and will vote for
democrats no matter what; or in republican's case, no immigrants who
probably won't vote for republicans anyway. But maybe the middle class
immigrants want to vote for democrats as well? Did Biden administration ever
think about that?

In both administration, family immigration was incentivized, rather than via
the merits.This unfortunately will lead to more illegal immigration and
fraud, because people will want to take the shortcut rather than waiting
forever via legal pathways.

That is your opinion perhaps you are in the EB category. 

 

Family Class immigrants have a better success rate as they have a real sponsor to guide and integrate the immigrant in US society quicker.

 

1st gen EB don't have that support system.

 

 

Edited by aj.choudhry
Filed: IR-1/CR-1 Visa Country: Algeria
Timeline
Posted
17 minutes ago, Paul Hanaki said:

Just saw that person just joined the forum on Wednesday. I am not attacking them but wow that's a big first post on a forum with lots of family immigrants. 

Thought the same thing. 

  • Spoiler

     

    • Met 09/2016
    • Engaged 11/2016
    • Moved to Algiers, Algeria 03/17/2017
    • Married in Algeria 07/26/2017
    • Decided to relocate back to the US in 08/2018
    • Currently still living in Algeria as of 09/20/2018
    • Mailed petition to FL to be sent by friend to USCIS 09/23/2018
    • Petition sent to Chicago Lockbox 09/27/2018
    • USPS shows Petition delivered to Chicago Lockbox 09/29/2018

     

 

Filed: K-1 Visa Country: Philippines
Timeline
Posted
On 5/12/2021 at 12:41 PM, nancy_02 said:

This just shows Biden Administration, similar to the Trump administration on
immigration, prioritizes the family immigration rather than a merit
system. But different from Trump administration which is against ALL
immigrants.

You would think a rational immigration system would be a merit system,
rather than taking in all these people that will eventually be placed on the
welfare system anyway. We are the ones that will contribute to the economy
and the tax revenue the most. Instead, the immigrants with extraordinary
abilities were waiting in the line the longest and were forgotten by both
administrations. We are the middle class, but like the middle child, was
always forgotten.

This just shows both administrations prioritize their power gripping by
either taking in those people who will be on welfare and will vote for
democrats no matter what; or in republican's case, no immigrants who
probably won't vote for republicans anyway. But maybe the middle class
immigrants want to vote for democrats as well? Did Biden administration ever
think about that?

In both administration, family immigration was incentivized, rather than via
the merits.This unfortunately will lead to more illegal immigration and
fraud, because people will want to take the shortcut rather than waiting
forever via legal pathways.

I find it funny that so many people told me that I would never be able to get my fiancé here (now my wife) because of the Trump administration. The truth is it wasn’t that difficult if you just follow through with all the paperwork correctly and tell the truth. What is wrong with any administration wanting to conduct through background checks on both individuals. This not only protects her, but also protects me. I’d rather have it take a little bit longer for the protection of both and all us citizens.

 

Is the waiting period stressful? Yes, it’s hard to be patient. Everything worked out great for us! 

Posted
9 hours ago, Irish42 said:

I find it funny that so many people told me that I would never be able to get my fiancé here (now my wife) because of the Trump administration. The truth is it wasn’t that difficult if you just follow through with all the paperwork correctly and tell the truth. What is wrong with any administration wanting to conduct through background checks on both individuals. This not only protects her, but also protects me. I’d rather have it take a little bit longer for the protection of both and all us citizens.

 

Is the waiting period stressful? Yes, it’s hard to be patient. Everything worked out great for us! 

 

I generally agree.  But having been an immigrant already (to canada) I have to say its very disheartening.  I was in a french class with lots of immigrants who had all immigrated legally.  And one of the most awful things was that because of us, all of our citizen spouses were treated worse by the government.  Benefits cut, higher standards required.  And we still had to jump thru most of the same hoops as randos.  And now, I'd like to move back to the US with my wife and I've got all the same stuff again.

 

We're talking about the interests of citizens, their families.  We are literally the ONLY group that government has anything like an obligation to help.  Don't get me wrong, I'm happy they put a higher priority on it.  But there is no reason to so much as look at a petition from some random foreigner until we're banging out citizen requests like clockwork.  Getting a green card for my wife of 7 years should probably be as quick and easy for me as getting a passport.  That's why its a problem, because its a slap in the face for me dealing with my nation just like it was a slap in the face for my wife dealing with her nation.  But, here we are with crazy wait times, so that's what I'll deal with, like it or not.  

Filed: AOS (apr) Country: Mexico
Timeline
Posted
14 hours ago, Irish42 said:

I find it funny that so many people told me that I would never be able to get my fiancé here (now my wife) because of the Trump administration.

To be fair yes Trump did prevent a lot of fiancés from immigrating just not from the Philippines.  From Dec 2017 to Dec 2019, only 17% of affected NIV visa applicants had waivers approved from travel ban countries, according to the Department of State statistics.

My wife came to the US on an F1 visa about 10 years ago.

05/19/2007 Wedding

03/11/2008 Mailed AOS

03/13/3008 Forms Recieved in Chicago

03/19/2008 Checks Cashed

03/21/2008 NOA's received

04/07/2008 Biometrics Appointment in Cincinnati

05/06/2008 I-765 and I-131 Approved

06/06/2008 I-485 Interview in Louisville, KY

06/06/2008 I-485 Approved :)

Posted
12 hours ago, Sfb86 said:

Is IR5(parent) visa being prioritized? It states immediate family but not sure if parents fall under that category or not? 

 

IR5 is under "immediate relative" visas listed as Tier 2 in the DOS memo.

 

But keep in mind that many consulates are still operating with limited capacity, so it may not be possible for those consulates to resume routine IR5 processing at this time.

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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