Guess what? 2020 is almost coming to an end. In this video, I wanted to do the last update on
the status of embassies and consulates worldwide, specifically on the issuance of immigrant visas,
when consulates and embassies are going to finally reopen, and what's going to happen as
we transition into 2021. More specifically, we're going to talk about what cases are currently be
prioritized at embassies and consulates worldwide. I'm also going to talk about how embassies
and consulates decide when to actually reopen. Is there, in fact, a centralized
list of embassies and consulates where we can actually check and see on a week-by-week basis,
which embassy or consulate will reopen. We'll talk about that, too. How do embassies and consulates
actually going to work on overcoming the severe backlog that they currently have with cases?
Is there a plan of action to overcome these backlogs? We'll talk about that as well. Are
there going to be any interview waivers issued in the near future for immigrant visas as well as
non-immigrant visas? We'll talk about that, too. So, what are you waiting for? Let's dive right in.
Hello, and welcome to our immigration channel. This is where you get first-hand immigration news,
immigration updates, and all the information that you need to empower you in your immigration
journey. If you're here for the first time, make sure to subscribe to our channel,
click the bell to be notified. And also, give us a big like so YouTube will be able to share this
video with more people just like you. My name is Jacob Sapochnik, and I'm an immigration attorney
located in San Diego, California, and I help clients in all 50 states. And I'm super excited
to bring this update for you today. So, the information that I’m going to provide to you
today is coming from the minutes between a meeting between the State Department and the
American Immigration Lawyers Association, where I'm a member as well. And the minutes basically
go through many, many various topics. They talked about immigrant visas, non-immigrant visas,
consular reopening, and many, many other issues, lots of information. In this video, I specifically
wanted to focus on the immigrant visas, consulates reopening issues, which so many of you are
concerned and worried about, and I wanted to make this video. So, what we're going to do right now,
I'm going to go into the document itself, the minutes of the meeting, which took place on
December 11, which is the most recent information we have out there on the status of embassies
and consulates. And I wanted to show you the documents so we can talk about it right now. So,
let's jump right in. Let's look, right now, at the notes, the actual notes between the meeting of the
American Immigration Lawyers Association, and the State Department, and it's a lengthy document,
you can see it's on the State Department website. But I wanted to explain and discuss
specifically the issues relating to the reopening of consular posts. So, one of the first questions
related to that, AILA is asking, “Please confirm. It is my understanding that the decision whether,
and to what extent a post, the consular post may reopen is a joint decision made by the post
with Department of State's approval.” Now, remember that, in previous videos and also
some of the questions that I've been getting from our viewers, is that do the posts
have their own control to make decisions? Or do they need to get approval from the Department
of State? And ends in red is their answer, from the State Department. “The level of Visa Services
a post is able to provide during the ongoing pandemic amidst staffing shortages and local
restrictions is determined by the post itself. So, every single embassy, every single consulate
has, it looks like, they have the autonomy to make a decision when they should reopen based
on their staffing issues and other country conditions. They confirmed that. The other
question is asked by AILA is, does the Department of State maintain a centralized repository of the
status of approved consulate reopening by posts? So, essentially, do they have some sort of
centralized list or something? If so, will DOS consider making such a document publicly available
to reduce confusion among the stakeholders? So, essentially, we've been asking for this, and we’ve
been looking for that. And I wish they would have something like that. A list that will
put all these consulates in one big document so we know when they reopen, who is open, who is closed,
what's happening next. And in here is their response. And they say, “Each post describes on
its website what categories of visa applications are currently able to accept appointments for and
provides instructions regarding how certain other applicants can request emergency appointments.”
And of course, they give the link to the website, to the information website. “Also
provides actual appointment wait times for visa categories that are being processed.” So,
if you've got to travel out of state or go on off-continent travel, US visas,
this particular link, it gives you a general wait time for different visa categories. “Zolt,
999 calendar days or emergency appointments only indicates the post has not yet resumed
processing routine applications.” So, if you see something like 999 calendar days
or emergency appointment only, which most of these consulates indicate on a website,
that means that this particular post has not yet resumed processing. So, the bottom line is that
there's no centralized document. And all we can do right now is keep monitoring each individual
embassy website. And again, right now, they have this jibberish on the website,
whether there are no calendar days available, or this specifically say it's only available
for emergency appointments. And if this changes, obviously, it will make another update. But again,
this is coming in… what you see here, this is the actual notes between the American
Immigration Lawyers Association and the State Department. So, another question that
everybody's asking is, if when they do reopen, how are they going to reopen? What are the phases? And
there is an appendix. There is an appendix that lists the different phases. And
one of the questions that AILA asked the State Department is will the post reopen
phases based on the diplomacy strong framework? I'm going to show it to you in a second, Appendix
A, then they ask the questions. Are the phases and priorities listed in Appendix A still accurate?
Are the phases in this appendix, it's called diplomacy strong standard,
is the same across posts? Are they merely guidelines? Which posts have some flexibility?
And the third issue, the third question, “Please confirm whether a post will always be at the same
phase for both immigrant visas and different phase for non-immigrant visas?” For example,
if Sydney, is at phase three for immigrant services, does it also have to be in phase three
for non-immigrant visa services? Once again, I'm going to show you in one second, what the Appendix
A looks like, and what are the different phases. And finally, “Will we see reference to diplomacy
strong on a variety of post websites? It is not clear what phase the post is operating under.” So,
it's very confusing right now. We have no idea if a post is in phase two or phase three,
they need to… the question is, “Would the Department of State advise posts
to share their current operating phase on their websites to make it clear for us to know
what phase are they in?” So, let's look at the phases. So, you got to understand what they are.
Okay, so, let's look at Appendix A diplomacy strong phase. This is really important and many of
you, guys, were asking about it. And I wanted to share this here. I mean, I know it's a bit longer
video, but I think it's important. So, let's look at the Appendix A, the diplomacy strong phases.
These are the phases that the embassy is supposed to be under, and I referred to them in the video
earlier. So, immigrant visas Phases 0 to 1… again, I'll post the link to this document so you can see
it… suspension of routine visa services with only mission-critical or emergency immigrant
visa processing, certain employment-based healthcare professionals, other emergencies,
and prior refusals under two to 1 G. Phase 2, post start to reopen, require two months
pre-planning for NVC to schedule appointments. So, the idea is that once they’re in phase two, NVC
has 60 days, pretty much send those cases over and we know they're coming. Again, prioritize
immediate [inaudible] accept those that are blocked under the Proclamation.
Phase 3, resumption of routine services in all immigrant visa services. The post starts to
reschedule canceled appointments, including EB5 immigrant visas for members of the armed forces
and other canceled appointments. And then we have non-immigrant visas. And they also have
three phases. Okay. So, again, you'll be able to reference these documents. I'll put a link.
As you saw, we went through the appendix right now and this is the response of
the State Department to all these questions about the phases and they're saying, “Although
phase reopening routine visit services originally corresponded with phases of the diplomacy strong
appendix, which we just went through, posts were instructed on November 12 that they are no
longer obligated to be in specific diplomacy strong phase before providing additional
category of visa services. Posts will determine the volume of visa services that they can provide
by prioritizing the health and safety of consular staff.” So, it looks like they don't care about
these phases. They just basically pretty much do whatever they want depending on the
post’s condition. And they also specifically say that post that process immigrant visa applications
will prioritize immediate relative family members of US citizens and inter-country adoptions.
And those that process non-immigrant visa categories will continue to prioritize
F1s, M1s, and J1s, and things like that. So, again, resumption of immigrant visa appointments,
basically, the question is, “Indicates the scheduling of any appointment by NVC
or cases seal resume only when the post is authorized to resume routine processes.” And so,
the airlines are asking them to confirm. So, once again, their response, “Upon visa availability,
NVC scheduled immigrant visa appointments in chronological order of documentary
completed applicants prioritizing appointments for applicants not subject or accepted from the
various presidential proclamations based on a post by post capacity basis, consistent with
the host country and Department of State guidance on operating safety during the
pandemic.” They also say that “In certain circumstances, such as medical emergency,
applicants who may have qualified for national interest exception,
may have had their emergency appointment scheduled directly by the immigrant visa
unit based on adequate resources.” And then, the other question is, a direct question, “Have any
post resumed routine immigrant visa services?” And they say, “Yes, some of our missions have
phased in processing some routine immigrant visa cases as post-specific condition permits.” They
refer to three immigrant visa units that are in the process of resuming routine visa services.
Actually, we believe that one of those immigrant visa units is Frankfurt,
based on the availability of the resources, and they are saying that another 89
immigrant visa units have made substantial progress as well, which is good. I mean,
we're not sure what that means but 89 immigrant visa units look like more and more are going to
be reopening, which is good news. Then, they’re asking, “Does Consular Affairs plan to resume
routine immigrant visa services at any post in the second quarter of the government fiscal year?”
And then they're saying, “The resumption of routine visa services prioritize, after services
to the US citizens, will occur on a post by post basis, consistent with the State Department's
guidance. So, they repeat themselves here. But the good news is that at least three of these posts
are going to reopen fully, in the next few weeks. We know one of them is like I said, is Frankfurt.
So, that's good news. So, hopefully, this was helpful for you, guys. I know it's a bit lengthy
but I want you, guys, to see the actual document. So, hopefully, this information was useful. It's
an interesting glimpse into the process that the State Department is going through right now,
as they are preparing to reopen and get their embassies ready for interviews. What is clear to
us is that once again, we don't have a specific date when each embassy is going to reopen,
we don't have a clear idea when appointments are going to be resuming like they used to
but what we do know is that they're actively working on the system, they're doing something
to try to somehow get back to normal. I mean, it's going to take some time.
As you can see the severe backlogs, and they are going to be addressing those backlogs by getting
more staffing in there and trying to make the system to be normal again, if at all possible.
They will be, as I mentioned, giving priority to immigrant visas and immediate family members.
Those have been really impacted by the backlogs. And hopefully, as the year starts in January,
I'll be able to give you even a better update, way more specific information with specific consulates
that are actually fully reopened and starting to accept those cases. So, once again, thanks for
joining me here. If you're here for the first time, don't forget to subscribe to our channel
and give us a big like so YouTube will be able to share this video with more people just like
you. Thanks for watching, and I'll see you in our next video. So if you like this video,
watch these two videos for more information just like them.