Fabiana Zangara is the founder of the ZACA LAW law firm in New York and a lawyer specialized in immigration law. For years he has been advising international and national companies and private companies on the entire range of visa and green cards requests.
This interview clarifies the scope of the recent decision of the Trump administration, explains which categories of applicants are involved and which, instead, can continue to submit their questions without consequences.
In the last few hours we talked about visas blocked and panicked among the applicants. What exactly are the visas affected by the recent decision of the Trump administration?
First of all, it is important to clarify that not all visas were paused. The U.S. State Department has recently suspended interviews with American embassies and consulates for so-called immigrant visas. These are visas required by those who intend to move permanently to the United States and get the green card through the consular procedure.
The measure therefore concerns only the interviews necessary for the release of green cards requested outside the United States, at an embassy or consulate. All visas have not been suspended
When it comes to temporary pause, however, there was no precise deadline. How long could it last?
At the moment we don’t know how long it will last. But we know that all of the people who had already an interview fixed these days have received a communication with which the appointment was cancelled. In the same communication it has been explained that a new interview will be set, but without indicating a precise date.
There are no official dates yet on the resumption of interviews for visa immigrants. We expect, however, that by mid-September there will be news and that appointments can resume.
What is the impact of the measure on Italians? A student who is already in the United States or is asking for a visa to study, for example, is involved?
This is very important information. The so-called nonimmigrant visas, at the moment, are not interested in the new measure of the State Department. This means that students, people who require a tourist visa and, more generally, those who apply for a nonimmigrant visa may continue to fix the interview with the competent embassy or consulate. For these categories, suspension does not produce direct consequences.
And who submits the green card application directly from the United States?
Even in this case it is important to distinguish procedures. All people who require green card from the United States through what is technically defined adjustment of status are not, at least for the moment, interested in the break. The measure concerns the green cards required through the consular procedure, then outside the American territory.
Is it possible to predict if other suspensions or new restrictions arrive?
It is difficult to predict what the next steps of this administration will be. But we can better explain the reason for the current suspension. The temporary block of interviews for green cards at embassies and consulates is linked to the desire to provide consular officers with an adequate and uniform training in the application of public charge rule.
Basically, you want to ensure that the officers are prepared to assess whether a person who requires green card can, in the future, become a burden on the American economic system and need access to public benefits.
What does the public charge rule provide for and what elements can be evaluated by officers?
The public charge rule allows the officer to assess whether the applicant can become, at some point, dependent on American public finances because it is unable to maintain itself. Among the factors that can be taken into account include health, age, family situation, personal economic means, education and skills acquired over time.
The officer must assess whether the applicant may need access to a number of public benefits. If you think that person is likely to become a burden for the public system, the green card can be denied.
Could this approach have different consequences for those who require green card for family reasons and for those who require it for work?
This is a deduction and not a rule. It is possible, however, that the measure mainly affects the demands of green cards for family reasons, such as those related to reunification.
In the case of employment-based demands, in fact, the presence of an employer who sponsors the applicant may represent a positive element in the assessment of his ability to maintain himself in the United States.
For family reasons, however, the situation may require a more detailed assessment. For example, in the case of an elderly parent who does not have a significant income or economic resources, it may be necessary to show more attention what forms of economic support are available in the United States.
It is therefore possible that the overall assessment of the economic, family and personal conditions takes a greater weight in the demands of green cards for family reunification.
Those who require green card from the United States, can they say safe?
Important news is also provided for adjustment of status procedures, i.e. requests for green cards submitted directly by the United States. Since 18 September, major changes in public charge will enter into force.
These procedures will also be affected by new provisions, albeit in a different way than the applications submitted through the consular procedure.
In his work he also manages the emotional reactions of people who, after reading news about visas, are afraid to be involved while not returning to measure..
Absolutely. Very wide and generic news can also generate concern among people who are not directly interested.
But I would like to send a positive message to readers. Most often these measures are temporary and only affect a certain range of applicants, not all. It is therefore essential to carefully evaluate the object of the measure and understand whether it has an effective impact on its practice, without letting itself be guided only by titles or general panic.
What does it advise, in concrete, who is involved in the suspension of interviews?
I should like to say that the Commission has not been able to take the necessary steps to ensure that the Commission is able to take the necessary measures. Even when a person is directly interested in the measure, it is important to continue to carry out all the necessary activities in preparation for the interview.
In the case of the current break, for example, we recommend to our customers to continue with all the required requirements, so be ready as soon as the interviews resume. Completing the preparatory activities for a long time allows you to avoid further delays and do everything you can to facilitate faster management of the practice and thus obtain the release of the visa or green card.
L’articolo Visas for the United States, Fabiana Zangara: “It is not a block in the release of green cards” comes from IlNewyorkese.
