Monday, January 27, 2020

VISA REFUSALS AT THE US EMBASSY IN MANILA

Musillo Unkenholt is aware that the US Embassy in Manila has refused to approve almost any immigrant visa for the last 3 weeks.  The problem is, apparently, that the Embassy is mistakenly interpreting clauses in employment contracts between nurses and their US employers, perhaps based on some bad information that was sent to the Embassy. 

The problem seems to be localized in Manila.  Philippine nationals processing for immigrant visas at other embassies around the world are being issued their immigrant visas.  Likewise, other embassies are also issuing immigrant visas to non-Philippine nationals. 

We are working with clients, trade associations, and nurses to solve this problem.  It may take a little while to solve the problem but it is a fairly straightforward problem that will be solved, hopefully in the next few weeks.

20 comments:

  1. So with this, what happens to those who will be interviewed on the next few weeks? Will they expect to be refused with an immigrant visa?

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    1. It is a very fluid situation. You will want to check with your company prior to the interview.

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  2. I just would like to ask what remedies can be done or what other option can be taken if in case we get refused? Thanks!

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    1. If there was a clear answer, we would be giving it! At this point, we are optimistic that we will eventually get a solution, eventually.

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  3. Is it going to be resolved in few weeks time? I have an upcoming consulate interview at the US embassy manila and I’d like to know if rescheduling is an option. Thank you

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    1. You will want to discuss with your employer. Rescheduling may be a good idea if the problem is not solved prior to your interview.

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  4. Hi atty.
    Please enlighten me. I would just like to ask if happen that your I-140 got denial , then my agent reapplied . The day they filled my petition the first time would most likey my priority date. . Would it be the same priority date despite that the denied the case for the first time ?

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    1. No, unfortunately. A priority date is not able to be transferred if the original case is denied.

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  5. Hello Sir,
    I am currently working in Oman as a nurse. With this issue, would it be possible to transfer my case and have my interview from US embassy manila to US embassy here in Oman? I have many colleagues who had their interviews here in Oman and were issued visas easily. Unfortunately on my case, my agency told it is not possible to transfer case from one embassy to another. I am hesitant to believe what they are claiming. Maybe you have insights about this. Thanks.

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    1. Yes- the visa interview can be moved to another US Embassy

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  6. Good day.. Can I ask, if the primary applicant was interviewed in Ireland but the case is now transferred to Manila for the dependents to be interviewed, will the dependents be affected by this dilemma too? The primary applicant is already in the US since Dec 2019. Pls respond.. Thanks!

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    1. I have not had a situation like this and so I cannot say for sure. My guess is that the dependents will receive the visas.

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    2. Thanks for the response, attorney.

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  7. Hi Chris! If I am visiting the US as tourist in the next few weeks, would it be possible to have my interview in the US instead in Manila? Is it possible to transfer the case?

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    1. It may be possible, but it is tricky. You should contact an attorney.

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  8. "US Embassy Manila Consuls are requiring job offer letters from employers that state the employer will pay the current prevailing wage, and are refusing to issue visas unless that letter is submitted to the embassy. But this is in error. The employer need offer only the prevailing wage initially determined by DOL at the outset of the case" per PhilStarGlobal https://www.philstar.com/opinion/2019/12/15/1977042/embassys-erroneous-employment-visa-refusals.

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    1. Correct - the Manila Consulate has this wrong.

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    2. Is it possible that USEM in Manila will accept their mistake?

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  9. Does this include all professions getting their immigrant visas here at Manila US embassy?

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  10. Hi atty, any updates on this one?

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