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Article Directory :: Legal Articles
The following article is intended to be an overview of information associated with United States Immigration and the impact of a possible government shutdown on the American visa process.
In recent weeks, the issue of a United States government shutdown has been hotly debated. The substance of the issue has been repeatedly discussed as well as the time frame of when such a shutdown could possibly occur. At the time of this writing, the various political operators in the United States Congress have agreed to temporary extensions of the American government's funding, but such extensions may not continue forever. For many prospective immigrants and American Citizens who have loved ones awaiting a visa overseas the prospect of a government shutdown raises the specter of delays in the visa process.
The United States Citizenship and Immigration Service (commonly referred to by the acronym USCIS) is the agency that usually begins the visa process as this agency is responsible for adjudicating immigration petitions. Fortunately, for those wishing to receive immigration benefits it would appear that a government shutdown is unlikely to adversely impact USCIS processing as USCIS is primarily funded through the application and petition fees received in connection with requests for immigration benefits. However, the United States Citizenship and Immigration Service (USCIS) is not the exclusive American agency with jurisdiction over the whole of the United States visa process.
The American Department of State is primarily responsible for the "back end" of the U.S. Immigration process as most immigrant visa and K-1 visa applications for loved ones abroad must be adjudicated by a United States Embassy or United States Consulate with appropriate Consular jurisdiction. Before a visa application can be adjudicated at a US Mission abroad it must first process through the United States National Visa Center. The reason that the NVC and the US Missions abroad are being brought up in this article is due to the fact that should a government shutdown occur processing of visa applications at NVC and US Missions abroad could effectively cease until such time as the controversy is resolved and the US government "reopens". Therefore, those with pending visa matters before the United States immigration apparatus should be prepared for possible delays in the visa process should the United States government shutdown. Notwithstanding the fact that USCIS may still be operating during a shutdown, those expecting to consular process their visa application abroad should be aware of the fact that a government shutdown could cause significant delays.
Benjamin Hart is an American attorney in Bangkok, Thailand. Contact:
1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. More: K-1 visa or USCIS.
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