U.S. Visa News, Winter 2005
Welcome to the Winter 2005 edition of U.S. Visa News, a regular publication of White & Associates. Each edition of U.S. Visa News is devoted to current issues affecting U.S. visas and their impact on American-Russian business relations. U.S. Visa News includes information and practical advice designed to facilitate the issuance of U.S. visas to your Russian employees, partners, and relatives.
RUSSIANS WIN LAWSUIT AGAINST THE U.S. EMBASSY IN MOSCOW
A U.S. federal court has held that consular officers must make a decision on a pending visa application and not withhold action. In a case brought by two Russian visa applicants and a U.S. company after the U.S. Embassy in Moscow failed to make a decision on their visa applications for three years, the Southern District Court of California decided that consular officers at the Embassy breached their duty, and ordered the officers to make decisions. Besides acknowledging the rights of foreign visa applicants to bring a lawsuit in a U.S. court, the court recognized the rights of American companies petitioning for employees to bring such actions as well. The case represents the first time that Russian visa applicants have successfully sued the Embassy in Moscow. White & Associates served as counsel for plaintiffs in this lawsuit.
STATE DEPARTMENT RELEASES FY-2005 VISA STATISTICS
The U.S. Embassy in Moscow and consulates in Russia issued 121,843 visas in FY-2005, a nearly 20% increase over FY-2004. However, the number of visas issued has not reached the levels achieved in the mid- to late-1990s, when more than 130,000 visas were issued on an annual basis. The lion’s share of the FY-2005 visas were issued to tourists and businessmen (about 50%), as well as exchange visitors, primarily college-age students going to work for the summer in the U.S. (about 15%). Other represented categories include students (2,212 visas); work visas (H-1B) for professionals (1,240); and work visas for entrepreneurs managing operations in the U.S. (213).
For comparison purposes, U.S. posts in other countries have issued the following numbers of visas: students – Turkey: 5,873; South Korea: 35,310; Mainland China: 21,642; India: 20,173; professionals – Turkey: 1,772; South Korea: 3,838; Mainland China: 7,113; India: 53,579; entrepreneurs – Turkey: 165; South Korea: 1,219; Mainland China: 1,321; India: 24,926; total – Turkey: 53,121; South Korea: 386,524; Mainland China: 325,955; India: 378,039. Also notable is the fact that Russians are eligible for U.S. visas with validity periods of only up to two years (during the 1990s, this period was up to three years). In contrast, applicants from other countries, such as Turkey, India, the Philippines, Poland, and South Korea, are eligible for U.S. visas up to five-ten years and do not have to pay visa fees. This means that Russian applicants must apply more often, and pay more in visa fees than applicants from other countries. (Of course, much can be written about the problems encountered by U.S. citizens in obtaining Russian visas, such as the limited maximum validity period of one year; the costs; and the inability to extend in-country.)
COMMENTS OF AMBASSADOR BURNS
In a recent on-line chat at Gazeta.ru, our new Ambassador to Russia, William Burns, was greeted with nearly 300 comments and questions, with approximately 25% of the remarks concerning visa issues. Most of these comments were critical, complaining about the lack of transparency and rude treatment accorded to visa applicants. Mr. Burns replied: “I have made several visits to our Consular Section and spent time with our consular officers. What I saw was my American colleagues, as well as my Russian colleagues working in the Consular Section, behaving in a very professional and courteous way. It's very important for us to continue to uphold that standard and to treat people with the respect and dignity that they deserve.”
U.S. CITIZENSHIP FOR RUSSIAN SPOUSES OF U.S. EXPATS
Processing times for citizenship applications of green card holders have significantly decreased. Depending on the local district office, citizenship applications are processed within 6-12 months. As a reminder, green-card holding Russian spouses of U.S. expatriates working for a U.S. company or subsidiary are entitled to apply for U.S. citizenship at any time. There is no requirement to live in the United States. A recent client was able to complete the entire process – up to and including the swearing-in ceremony - in nine months.
OTHER NEWS
The Department of Homeland Security has announced that it has completed implementation of the biometric entry system at 115 airports, 14 seaports, and 154 land ports of entry. The Department of State’s own biometrics program has resulted in over 14,000 hits on individuals applying for visas traveling to the United States.
Under new legislation passed by the House of Representatives, the Diversity Visa Green Card Lottery would be abolished. This legislation is expected to be reviewed by the Senate after the New Year. Entries for DV-2007 from eligible applicants (natives of Russia were not eligible) were accepted through December 4, 2005.
DID YOU KNOW?
In order for a U.S. permanent resident to maintain status, he or she must either live in the United States, or, at the least, visit the U.S. once a year; maintain close ties to the United States; and intend to live in the U.S. After September 11, green card holders living outside the U.S. making infrequent visits to the U.S. have come under increased scrutiny from U.S. immigration inspectors at ports of entry. One way to alleviate this scrutiny is to apply for a Reentry Permit with the USCIS. The Reentry Permit, valid for a period up to two years, serves as an advance notification to USCIS that the applicant will be absent from the U.S. for prolonged periods of time. Although holding the permit does not relieve one of the obligations of a permanent resident, immigration inspectors tend to treat these individuals with deference and allow them to enter the U.S. with few questions and little difficulty.
PROCESSING TIMES
Visa interviews at the U.S. Embassy in Moscow are currently being scheduled within 7-10 days of submission of visa applications.
FINALLY…If you have any comments or suggestions regarding the contents of this newsletter or you would like to see a particular topic addressed, please contact White & Associates via e-mail at white@bridgewest.com or call us at 246-4842. If you would prefer to receive this newsletter via e-mail, let us know. It can also be found on our website at www.bridgewest.com. White & Associates is an American law firm with an office in Moscow since 1993.