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Waiver of Personal Appearance and Interview for Certain Immigrant Visa Applicants

By Thomas Lee


Consular officers may waive, for certain replacement immigrant visa applicants, their personal appearance and interview requirements under a new Temporary Final Rule. This is effective immediately and expires on December 13, 2023.

This Temporary Final Rule (TFR) provides consular officers the flexibility to waive the personal appearance of certain immigrant visa applicants who were approved for an immigrant visa in the same classification and on the same basis as the current application on or after August 4, 2019. It also gives consular officers discretion to waive in-person oath requirements and in-person appearance to affirm the accuracy of the contents of their application.

Criteria for potential waiver of in-person appearance before a consular officer:

- The immigrant visa was issued on or after August 4, 2019;
- The applicant did not travel to the U.S. on the immigrant visa; and
- The applicant qualifies for an immigrant visa in the same classification or in an automatic conversion of previously issued immigrant visa and pursuant to the same approved petition.

Applicants who qualify may want to contact the consular section that issued their prior immigrant visa and inquire about their eligibility. Applicants may be required to submit new DS-260 applications, updated documents, medical exams, and pay application processing fees. Bear in mind that those eligible may still be required to appear in-person before a consular officer.

Please note that the information provided on this website is for general information purposes only and is not to be construed nor relied upon as legal advice nor the formation of an attorney-client relationship. For a free consultation with Attorney Thomas M. Lee, please contact us.

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