This Week in Immigration

1.      (d)(3) Waiver Review Time

For DACA Recipients, DREAMers, and Those With Complex Immigration Backgrounds Seeking Work in the US

Department of State updated its Foreign Affairs Manual, formally lengthens typical processing time of 212(d)(3) waiver from 180-240 days up to 365 days.  The (d)(3) waiver is a broad and discretionary waiver that “forgives” certain factors that bar a visa applicant from admission.  If successful, it allows some nonimmigrant applicants with complex immigration past to enter the U.S. under certain nonimmigrant status.  This is a waiver often used by DACA recipients and DREAMers to re-enter the U.S. for work.  Note, however, that this rule merely formalized existing practice.

2.      Curate Your Social Media Presence Now

For A Whole Lot of People Applying for Nonimmigrant Visas

If you are planning to apply for nonimmigrant visas, curate your online presence.  Department of State is expanding their practice of reviewing applicants’ online presence to a broader set of nonimmigrant visas.  Where applicable, applicants are now required to set their social media profiles as “public,” ready for review. 

This practice used to be limited to a few different visa categories like H-1B, H-4, F, M, and J, but now expanded to the following:  A-3, C-3, G-5, H-3, H-4 dependents of H-3, K-1, K-2, K-3, Q, R-1, R-2, S, T, and U. 

Many noncitizens will be affected, but a few larger groups stand out.  Fiance(e)s of US citizens and their dependents (K-1 and K-2), Religious workers and their dependents (R-1 and R-2), trafficking victims (T), and victims of certain crimes (U)

Some visa categories are left out, including the visitor visa and certain employment-based visas like L, E, and O.  To be safe, assume that DoS research online presence of applicants for those visa categories anyway.