U.S. Visa Guidance for Individuals Affected by Events in Lebanon
On October 28, 2024, the Department of State (DOS) issued guidance regarding the facilitation of family reunification for Lebanese visa applicants. They indicated that DOS has resumed full immigrant visa processing at Embassy Beirut for Lebanese family members of U.S. citizens. Routine nonimmigrant visa processing is unavailable in Beirut at this time, but individuals may apply for a nonimmigrant visa at any other U.S. embassy or consulate as a Third Country National.
Immigrant Visas:
In order to facilitate family reunification, DOS resumed full immigrant visa processing at Embassy Beirut for Lebanese family members of U.S. citizens.
The National Visa Center (NVC) will directly email petitioners, beneficiaries, and representatives of spouses, children under 21, and parents of U.S. citizens with approved I-130 petitions to provide an immigrant visa interview appointment date and instructions.
Immigrant visa cases will continue to be processed according to the final action date published in the Visa Bulletin. In November/December, Embassy Beirut will schedule for interview currently eligible family preference immigrant visa cases and nonimmigrant Fiancé (K-1) visa cases.
Individuals wishing to transfer their immigrant visa case from Embassy Beirut to another U.S. embassy or consulate may contact NVC via the Public Inquiry Form and in the “Enter Your Inquiry Below” box, include:
The U.S. embassy or consulate where you would like your case transferred; and
Your likely dates of travel and your preferred date for a new appointment.
Applicants are required to arrange their own travel to the alternate embassy or consulate for their visa appointment, including complying with any visa requirements for entering that country to attend their visa appointment.
For any other inquiries regarding immigrant visas for Lebanese family members of U.S. citizens, please contact Embassy Beirut’s Visa Navigator at lb.usembassy.gov/visa-navigator/ or email BeirutIV@state.gov.
For Individuals Seeking to File an Immigrant Visa Petition:
If the petitioner is in the United States: File a petition with USCIS online at Petition for Alien Relative | USCIS. You can request expedited processing.
If the petitioner resides outside the United States: U.S. citizen petitioners residing abroad may qualify to file a petition in-person at a U.S. embassy or consulate for their spouse, unmarried child under age 21, and parents. Please contact the embassy or consulate where you would like to file a petition to request this service.
Nonimmigrant Visas:
Routine nonimmigrant visa processing is not available in Beirut at this time
You can apply for a nonimmigrant visa at any U.S. embassy or consulate.
Application instructions vary by embassy. Follow the instructions on the website of the embassy or consulate where you would like to apply: List of U.S. Embassies and Consulates.
If you have a nonimmigrant visa application pending in Beirut, it cannot be transferred. You must reapply at another location.
USCIS Updates Guidance on Determining Custody for Children Acquiring U.S. Citizenship
On November 19, 2024, U.S. Citizenship and Immigration and Services (USCIS) issued a policy alert regarding the legal and physical custody requirements for purposes of acquisition of U.S. citizenship under section 320 and naturalization under section 322 of the Immigration and Nationality Act (INA). USCIS also expanded guidance on derivation of citizenship before the Child Citizenship Act of 2000, under former INA section 321.
The update clarifies and expands the current guidance on determining legal and physical custody of children of U.S. citizens for acquisition of citizenship purposes. Specifically, the updated guidance:
Expands guidance on when USCIS considers a child to be in the legal custody of the U.S. citizen parent, clarifies the effect of a nunc pro tunc (retroactive) correction of a custody order, and clarifies when USCIS may recognize private custody agreements;
Clarifies that USCIS considers a U.S. citizen parent who has actual uncontested custody of a child to have legal custody for purposes of acquisition of citizenship when there is no judicial determination on legal custody and the relevant jurisdiction’s law does not determine which parent has legal custody of the child;
Provides that a U.S. citizen parent has physical custody of a child when the child resides or physically lives with the parent;
Expands guidance on adjudicating derivation of U.S. citizenship claims before the Child Citizenship Act of 2000, by providing detailed clarification on each of the requirements of former INA section 321, including the legal custody requirements; and
Clarifies that USCIS cannot issue a Certificate of Citizenship to any applicant who does not take the Oath of Allegiance and is not eligible for a waiver of the oath.
This guidance became effective immediately and applies to applications that were pending on or after November 19, 2024. For more information, see Volume 12, Part H of the USCIS Policy Manual.
USCIS Updates Guidance on Lawful Admission for Permanent Residence Requirement for Naturalization
On November 14, 2024, USCIS issued a Policy Alert indicating that USCIS is updating Volume 12, Part D, Chapter 2 in the Policy Manual to clarify that an applicant for naturalization must show that they have been lawfully admitted to the United States for permanent residence in accordance with all immigration laws in effect at the time of admission or adjustment. Consistent with the 4th Circuit Decision in Azumah v. USCIS, 107 F.4th 272 (4th Cir. 2024), USCIS will consider whether a naturalization applicant was lawfully admitted for permanent residence or was lawfully adjusted to permanent resident status at the time of their initial admission or adjustment, regardless of whether they were lawfully admitted for permanent residence at the time of any subsequent reentries to the United States.
This guidance became effective immediately and applies to requests pending or filed on or after the publication date.
Trump names Future Officials for Department of Homeland Security and Border Duties
President-elect Donald Trump has named several future cabinet and administration officials, including, among others, South Dakota Governor Kristi Noem as the Secretary of Homeland Security, and Thomas Homan as the “Border Czar.” The President-elect also nominated Senator Marco Rubio for Secretary of State, and indicated that Stephen Miller will be White House deputy chief of staff for policy as well as the President-elect’s homeland security advisor.
Ms. Noem is expected to be vetted by the Senate as part of the nomination process. She has taken hard line positions on border security in the past and previously joined Republican governors in sending troops to the border to assist in “Operation Lone Star” an effort by Texas to discourage migration across the Texas border. Mr. Homan is a former acting director of U.S. Immigration and Customs Enforcement (ICE) under the previous Trump administration. His duties and his relationship to DHS are unclear, as “border czar” is not a recognized cabinet position. However, according to a post on Truth Social from Trump, Mr. Homan will be “in charge of our Nation’s Borders (“The Border Czar”), including, but not limited to, the Southern Border, the Northern Border, all Maritime, and Aviation Security.” Mr. Miller’s appointment does not require Senate confirmation, either. His role places him in the White House where he is expected to take on a leading role writing and implementing Trump's immigration agenda.
Biden Administration’s ‘Parole in Place’ Program Struck Down by Federal Judge
On November 7, 2024, U.S. District Judge J. Campbell Barker, of Texas, struck down the Biden administration’s “Keeping Families Together” parole-in-place policy, implemented on August 19, 2024, which allowed the undocumented spouses and stepchildren of U.S. citizens who had been in the United States for at least 10 years to remain in the country to apply for permanent residence without the threat of deportation.
Judge Barker determined that the Biden administration lacked statutory authority for the program. He found that the program would put a strain on the resources of the state of Texas, which would “incur concrete harm on account of increased costs” such as providing food assistance and educational and healthcare services to the additional population.
USCIS Announces Applicants Must Now File Medical Exams at Time They Initially File Green Card Application
On December 2, USCIS announced that going forward certain applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, will be required to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, at the same time as their Form I-485 or the Form I-485 may otherwise be rejected. USCIS has now revised the Form I-485 instructions to make filing the two forms together a requirement. USCIS made this change to reduce the number of Requests for Evidence they issue before adjudicating a Form I-485, which slows down adjudication timelines.
Employment Authorization for Eligible Lebanese Nationals with F-1 Status Experiencing Severe Economic Hardship Due to Crisis in Lebanon
The Department of Homeland Security (DHS) is suspending certain regulatory requirements for F-1 nonimmigrant students from Lebanon who are experiencing severe economic hardship as a direct result of the current crisis in Lebanon. This Special Student Relief (SSR) will cover eligible F-1 students from Lebanon from November 27, 2024, to May 27, 2026. The Federal Register Notice was published in the Federal Register on November 27, 2024.
Designation of Lebanon for TPS
On November 26, 2024, the Department of Homeland Security (DHS) posted a Federal Register Notice designating Lebanon for Temporary Protected Status (TPS) for 18 months, from Nov. 27, 2024, through May 27, 2026.
This designation allows eligible Lebanese nationals (and individuals having no nationality who last habitually resided in Lebanon) to obtain TPS if they have resided continuously in the United States since or before October 16, 2024, (“continuous residence”). They also must have been physically present in the United States continuously since November 27, 2024 (“continuous physical presence”). DHS estimates about 11,000 individuals will be eligible for TPS under the designation of Lebanon.
Lebanon’s 18-month designation went into effect on November 27, 2024, and individuals must also prove their continuous physical presence in the United States since the date provided in the Federal Register notice. The Federal Register notice explains how to apply for TPS and for an Employment Authorization Document.
Learn More About How E-Verify+ Streamlines Employment Eligibility Verification on Thursday, Nov. 14, 2024 at 2 - 3 p.m. Eastern
From the Public Engagement Division -
Learn More About How E-Verify+ Streamlines Employment Eligibility Verification
Thursday, Nov. 14, 2024, 2 - 3 p.m. Eastern
U.S. Citizenship and Immigration Services invites you to learn about E-Verify+, a new service of E-Verify that streamlines employment eligibility verification. During our national stakeholder engagement on Thursday, Nov. 14, from 2 - 3 p.m. Eastern, the USCIS Immigration Records and Identity Services Directorate will highlight the benefits of using this free and easy service, provide guidance on how to use it, and explain how the “plus” provides employers added efficiency, reduces burden, and gives employees more control over their personal information and verification of their employment eligibility in the United States. To learn more, get an early preview into what E-Verify+ has to offer here: Inside E-Verify+ video!
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To Register:
1. Visit our registration page.
2. You will be asked to provide your email address and select “Submit.”
3. On the next screen, you will see a notification that you successfully subscribed to this event.
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Once we process your registration, you will receive a confirmation email with the engagement link.
If you have any questions, or if you have not received a confirmation email within three business days, please email us at public.engagement@uscis.dhs.gov.
To request a disability accommodation to participate in this engagement, email us at public.engagement@uscis.dhs.gov by 5 p.m. Eastern on Thursday, Nov. 7.
Firm News - Congratulations to Richard!
We are proud to share that Richard Iandoli recently received the National Association of Foreign Student Advisers’ (NAFSA’s) New England Region’s ‘George Commentator Lifetime Achievement Award’. It was awarded at the NAFSA Regional Conference in Hartford, CT on October 28, 2024 before 350 attendees. This award is granted to a person who has provided extensive service to the regional and/or national NAFSA community. As a long-time member of NAFSA, Richard has given decades of service and support to NAFSA and the community of international educators, professionals, scholars and their collaborators in the immigration law field.
Congratulations, Richard, and thank you for your dedication to this community!