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Family Visas During Covid
With the suspension of routine visa services and the issuance of Presidential Proclamations 10014 and 10052, the processing of visas for the following family based visa applicants residing abroad is suspended until December 31, 2020:
- Spouses and children of green card holders (US citizens are not affected) applying at the consulate
- Parents of US citizens applying at the consulate
- Brothers and sisters of US citizens applying at the consulate
- Sons and daughters (meaning over 21 years old) of US citizens applying at the consulate (children under 21 years old of US citizens are not affected)
- Sons and daughters (meaning over 21 years old) of green card holders applying at the consulate
Currently, visas are being issued to those applying as the spouse or minor child of a U.S. Citizen. Applications filed with USCIS are not impacted by the proclamations. In addition, family based applicants residing in the United States are not impacted.
Who is ImpactedMost of the family preference categories on the visa bulletin are impacted by the Presidential Proclamations until December 31, 2020, with few exceptions. For more information please refer to our web page titled, “Visa Bans on Those Presenting a Risk to the Labor Market.” and refer to the subtitle in that page, “ What Family Preference Categories are Impacted.”
Form I-130Family based petitions such as Form I-130, Petition for Alien Relative, filed with USCIS are not impacted by the existing presidential proclamations. Those who are already lawfully residing in the U.S. as immediate relatives of U.S. Citizens or lawful permanent residents can proceed with their green card applications as normal.
Visa AppointmentsFamily based applicants who are immediately impacted are those waiting for visa appointments at U.S. Consulates or Embassies abroad. These are applicants who are not immediate relatives of U.S. citizens, including F2A, F-2B, F-3, and F-4 family based visa applicants. Due to existing Presidential Proclamations, these applicants cannot enter the U.S. until the expiration of the Proclamations on December 31, 2020.
The Sapochnick Law Firm will continue to monitor developments with respect to policy changes and will post updates on VisaLawyerBlog and in the firm’s Coronavirus Resource Center as additional information becomes available.
