Immigration Corner | How is the visa pause affecting Jamaicans?

Dear Mrs. Walker-Huntington,

Thank you so much for your weekly informative column. I am an avid reader and always eagerly await the valuable insights and knowledge you generously share with us.

The recent news about the suspension of immigrant visa processing for countries, including Jamaica, has caused quite a bit of concern within our community.

If possible, I would greatly appreciate any insights you can provide on how this suspension will impact individuals at various stages of the process. Specifically, I am interested in understanding the implications for those at the USCIS stage, those whose cases are with the National Visa Center, and individuals who are at the Embassy stage.

Thank you once again for your dedication to keeping us informed and for any assistance you can provide regarding this matter.

Thank you.

AA

Dear AA:

Thank you for your continued support of The Gleaner’s column.

The imposition of an immigrant visa pause for Jamaica caught everyone off guard. As an immigration practitioner, I was aware that the US government was reviewing its “public charge” policy, but I and other attorneys did not expect a pause on the issuance of visas while the policy is being revamped. Certainly, did not expect country specific pauses and that Jamaica would be included.

The premise for the pause is that the 75 countries selected have a high number of immigrants who receive public assistance once they are in the United States. The current law provides for new immigrant beneficiaries under family petitions need an affidavit of support from their sponsor and joint sponsor (if one is necessary). The law prohibits new immigrants from receiving public assistance until they become a US citizen or have worked for 10 years in America. If a new immigrant should inadvertently receive public assistance to which they are not entitled, the US government can demand and if necessary, file a lawsuit against the sponsor and or joint sponsor to recover any funds expended to the new immigrant.

The pause is only for Consular Processed applications, i.e. applications for individuals outside the United States who are in line for an immigrant visa and are being processed by the US Department of State. For persons who have already been scheduled or are being scheduled for immigrant visa interviews at the US Embassy, they should keep the appointments. Take all the documents requested on their appointment notice, and additional evidence that they can support themselves in America. Documents such as educational/training certificates, diplomas, degrees; a resume outlining work history; evidence of self-employment; and bank statements showing availability of cash – in any country. The immigrant visa will not be granted, but at least the Embassy will have a complete file and can easily restart the process once the pause is lifted.

A word of caution to persons in America who have been granted an I601A Provisional Waiver and are required to return to the Embassy in Jamaica for an immigrant visa interview – they may want to request a reschedule of those appointments because even if approved for the immigrant visa, they will not be granted a visa to return home to the USA until the pause is lifted.

Those persons who are still being processed by the US State Department’s National Visa Center (NVC) have not yet been asked for evidence of their ability to support themselves in the United States and applications are still being actively processed and marked documentarily qualified.

There is a small window for persons subjected to the pause to apply for National Interest Exemption waivers to be considered for a grant of the immigrant visa.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com