Attorney Blog

Important Information and Updates Concerning Immigration Law

Obtaining NIV appointment at consulates worldwide post COVID-19

The worldwide COVID-19 pandemic has surely changed all of our lives. It has also impacted other businesses and services. Here are some of the updates to the system in applying for visas at U.S. Consulates worldwide.

Changes in March and July 2020

Back in March, right when the pandemic started to become more urgent, the Department of State (“DOS”) announced that all routine visa services would be suspended worldwide. Then, in July, they announced that American U.S. Embassies and Consulates are going to begin the phased resumption of all routine visa services since the global conditions were starting to improve. The statement noted that consular posts can now proceed with routine visa services but only on a post-by-post basis, with no certain timeline for when each mission will return to the processing at the level of pre-COVID services.

Recent Changes

In August, the DOS stated that it has temporarily expanded the ability to waive the in-person interview requirements of consular offices. This applies to the individuals who require an NIV in the same classification. Many consular posts have shared updates about their ability to provide certain visa services, so always review website information for individual consular posts before you finalize any travel plans.

Although consular posts have started to proceed with routine visa services, the level of offered services and the available resources still vary depending on the post. The services may also be different according to the local and host country COVID restrictions.

Setting Up an Appointment

To schedule an appointment for visa services and be eligible for visa issuance, an applicant must demonstrate his/her eligibility proactively for each respective proclamation. This includes eligibility for a specified exemption, exception for National Interest Exception. Clients found eligible may be able to obtain a visa appointment even if the post is not currently open for routine visa processing.

Firstly the applicant must contact the consular post directly to make sure it is open. If the post is open, then they should confirm that nonimmigrant visa scheduling procedures are available, including how an NIE waiver can be obtained and any eligibility/process requirements.

AILA’s DOS Liaison Committee has compiled a list of public facing email addresses for posits around the world. Procedures are going to vary by post greatly and are constantly changing. For this reason, it is crucial to double-check before starting the visa appointment process.

Then comes the process for requesting a visa appointment. For this part, the applicant must demonstrate proper eligibility for visa processing. They should use facts to clarify why they specifically fall outside of the NIV ban criteria or may be eligible for an exception.

But, applicants should not expect that the consular post has a determining mechanism for establishing whether applicants are exempt from the NIV ban or are eligible for this exception. Of course, the applicants should not assume that if they are granted an appointment, then the NIE will surely be accepted or that their visa will be issued.

So, always make sure to call beforehand to confirm the visa services provided by a local consular post and demonstrate eligibility. If you take the above-mentioned steps into consideration, then you are one step closer to obtaining an NIV appointment.

For any questions regarding visa issuance, contact our office.