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ResourcesVisa & Immigration LawUS Immigration LawIs the K-1 Visa Process Different Under Biden?

Is the K-1 Visa Process Different Under Biden?

Transcript of the above video:

As the title of this video suggests, we are discussing the K-1 Visa process. I have had a lot of people ask me in the last few months, we are sort of at the end of Biden's first 100 days, so people have asked me, "is the K-1 Visa process markedly different under Biden?"

My main answer to that is, "yes it is moving." The final year under Trump essentially we saw virtually no K-1s going through although we did manage to get a couple through in the latter half of 2020 and we did see a couple go through right at the end of Trump's term; the first couple of weeks at 2021. Again, those were cases that were already in the pipeline and it was my impression the Embassy was doing their best to go ahead and get those moved off because they knew there was more backlog coming down the pipe. 

Long story short, yes it is moving. Also I would say there isn't this, I don't know how to put it, this policy shadow if you will hovering over the Immigration system that is there intending to make it more difficult. I don't know how to put it any other way than that but we just saw that a lot. It is not funny, I am smiling, it is almost gallows humour because it was really difficult times. 2020 was the hardest year I have ever done Immigration especially things like Consular processing. It was just things got cut off; things were getting moved around; there was a backlog in places we had never really dealt with backlogs before. There was a faster processing in certain places where in a sense in my mind at least there really shouldn't be because it doesn't really get anyone anywhere, it is just it just sort of a hurry up and wait endeavour. 

The long story short on this, yeah I would say it is definitely better than under Trump; not getting political, just talking about the overall process. However, these things don't just stop on a dime and there are still policies in place and kind of a paradigm that is still lingering that is causing some issues with respect to processing. The defunding at the end of last summer, the attempt to sort of defund USCIS at the end of last summer, I think that had a real lasting impact. We have discussed that at length, stuff regarding contractors who were working for USCIS that got laid off and things. I will say receipt notices are now starting to come in a little bit quicker but we have still got receipt notices that we are still trying to get a receipt notice on that in the past it would have been nothing. It would have been sent in, had a receipt back no problem. 

That said, it is what it is. I would say overall it is getting better. I definitely don't think it is where it even was in 2019 in terms of just basic processing protocols you know have been totally upended. You can't blame Trump for everything. The response to COVID had an impact as well but long story short, yet definitely if we are looking at it in terms of years, thus far 2021 is turning out better from a Visa processing standpoint than 2020 was.