Key Takeaways from AILA Meeting with DOS Officials

The American Immigration Lawyers Association (AILA) recently met with U.S. Department of State (DOS) officials in Washington D.C., to discuss important developments affecting visa processing and immigration procedures. Summarized here are key takeaways from this meeting to help our clients and others in the community navigate the current immigration landscape.

America First Policy

While there have been no changes to the Immigration and Nationality Act (INA) itself, consular adjudications generally will be guided by the current administration’s America First Policy of “making America safer, stronger and more prosperous.” This policy can impact how visa applications are evaluated and processed.

Visa Processing Standardization

DOS officials confirmed efforts to harmonize processing standards across all consular posts, with the goal of creating consistency in website scheduling, document reviews, and adjudication standards. These modifications include increased use of website navigators, improving problematic scheduling systems like AVITS, and implementing a pre-interview document review process, which is currently in place at certain posts.

Domestic Visa Renewal Program Update

Despite the successful pilot program launched in 2024, DOS officials indicated that there are no immediate plans to resume or expand the domestic visa renewal program. While not officially abandoned, the program’s future remains uncertain.

Implementation of Executive Orders

Many policies implementing recent executive orders remain in pre-decisional phases. As such, there is no update regarding any potential travel ban, consular closure, or staffing changes. However, consular posts should not be refusing applications based solely on an executive order at this time.

Enhanced Vetting Procedures

DOS officials confirmed they will utilize all available technological resources, including artificial intelligence, to vet visa applicants. The DOS recently published a new volume of the Foreign Affairs Manual (FAM) to guide consular officers with regard to data and artificial intelligence.

Student Visa Revocations and Communication

If new information affecting a foreign student’s visa eligibility emerges or the student’s visa is revoked, the DOS will notify the visa holder via the eMail address provided on the individual’s DS-160 application. A student who no longer has access to the listed eMail can notify the visa issuing post about the eMail address change through the specific post’s visa navigator.

Technology Improvements and Challenges

The DOS is working to make various technological improvements and recently has launched new wait time tools for both immigrant and nonimmigrant visa appointments. The DOS also is working to resolve issues preventing photo uploads for the DS-160 application and with consular posts accessing barcode-linked information. The DOS intends to continue using the CEAC platform despite its technical difficulties, but any issues that arise should be reported to AILA.

Waiver Processing Concerns

The DOS is seeking information about posts that may be delaying the transmission of nonimmigrant waiver requests to U.S. Customs and Border Protection (CBP) Admissibility Review Office (ARO). An individual experiencing such a delay should notify an attorney who can report the issue to AILA.

NVC Document Requirements Clarification

When the National Visa Center (NVC) requests forms or documents that do not exist or are no longer in use, applicants should communicate this through the Public Inquiry Form. Alternatively, an applicant can upload an explanatory addendum. The DOS has updated the FAM to acknowledge that the U.S. Citizenship and Immigration Services (USCIS) has discontinued form I-864W, request for exemption for intending immigrant’s affidavit of support. This update provides consular officers guidance for adjudicating applications where a form I-864, affidavit of support, is not required, as explained in the MurthyDotCom InfoArticle, Overview of Affidavit of Support for Family-Based Green Card Cases (29.Aug.2024).

Conclusion

Navigating the current immigration landscape requires careful attention to evolving DOS policies and procedures. The Murthy Law Firm remains committed to providing our clients with the most current information and strategic guidance to successfully navigate a variety of immigration processes. An individual with specific concerns is encouraged to schedule a consultation with one of our experienced immigration attorneys who can provide personalized advice tailored to individual circumstances.

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