U.S. Nonimmigrant Visa Renewal (In-Person Interview Waiver) Legal Wizard [Australia]

What does this U.S. Nonimmigrant Visa Renewal (In-Person Interview Waiver) Legal Wizard [Australia] do?

This innovative Legal Wizard includes Embedded Lawyer-Logic designed to guide you to determine your eligibility as an Australian Resident, Citizen/National to renew your U.S. Nonimmigrant Visa by Mail.

Apply by Mail

⭐️ If you qualify for an in-person interview waiver, this Legal Wizard will proceed to automatically generate the DRAFT Apply by Mail Standard Cover Sheet for you to make it quicker and easier for you to prepare & lodge your U.S. Nonimmigrant Visa Renewal Application by Mail.

❌ If you are not eligible, you will need to book and attend an in-person interview at a U.S. Consulate.

Assumptions

This Legal Wizard assumes you are:

⚖️ An Australian Resident, Citizen/National; and

⚖️ Have already consulted our U.S. Nonimmigrant Visa Waiver Legal Wizard [Global] and determined that your e-passport/s, preferences or your intended travel purpose mean that you do not qualify for a U.S. Visa Waiver;

⚖️ Have been issued a U.S. Nonimmigrant Visa in the same class (excluding a Blanket L1 Visa) as you are currently seeking renewal; and

⚖️ You are currently within 48 months of your previous U.S. Nonimmigrant Visa's expiration.

In-Person Interview Exemptions

This Legal Wizard also assumes that you are NOT an applicant who (or applying for a class of visa that) is generally exempt from the requirement to attend an in-person interview, including:

⚖️ Applicants younger than 14 and older than 79 years old;

⚖️ A1, A2 (official travellers on foreign government business);

⚖️ C2, C3 (foreign government officials in transit on foreign government business); and

⚖️ G1, G2, G3, G4 (foreign government officials travelling in connection with an international organization, or employees of an international organization).

Estimated U.S. Nonimmigrant Visa (In-Person Interview) Wait Times in Australia

The waiting time (as of 14 December 2022) for an appointment to attend an in-person interview for a Nonimmigrant B1/B2 Visa (with other Visa classes showing similar waiting times) at the U.S. Consulate in Australia was:

⏳ Sydney [115 days];

⏳ Melbourne [55 days]; and

⏳ Perth [7 days].

You can use this online tool to determine the current estimated waiting times globally.

Historically, U.S. Visa Interview wait times have always been long (however due to increased demand for travel to the U.S. post-COVID the wait times seem to be getting even longer).

If you use this Legal Wizard and determine that you qualify for an In-Person Interview Waiver this knowledge could potentially save you a lot of time and stress.

Important Notes:

This Legal Wizard was designed and tested in December 2022.

The results from this Legal Wizard do not guarantee that you will be eligible under law to receive a U.S. Visa or that you will not be required to attend an In-Person Interview.  

You must meet all legal requirements of the U.S. Visa for which you are seeking renewal.

Alternative ➲ Apply for an Expedited Appointment [Unforeseen Travel Need]

⚖️ If your travel need is unforeseen please consult our FREE U.S. Nonimmigrant Visa Expedited Appointment Legal Wizard [Australia] that guides you guide you to determine your eligibility (subject to availability at a U.S. Consulate in Australia) to make an Application for an Expedited U.S. Nonimmigrant Visa (In-Person Interview) Appointment due to one of the following prescribed unforeseen travel needs:

✅ To attend the funeral of an immediate family member;

✅ Medical emergency;

✅ Member of cultural group replacing an original member due to illness/unforeseen contingency;

✅ F1/ M1/ J1 visa applicants who received DS-2019 or I-20 form less than 14 days before the program is due to start;

✅ Unexpected, time-sensitive business travel significant to U.S. economic interest;

✅ Journalists travelling to cover fast-breaking news;

✅ Applicants who have been unable to enrol in EVUS due to incorrect information on the prior visa;

✅ Applicants whose visa was revoked following attempted EVUS enrollment;

✅ Applicants requiring a visa in response to COVID-19 such as doctors, medical students, and crew for air and land.

Alternative ➲ Waiver of In-Person Interview in the National Interest

The Department of State, in the national interest, announced the extension of the temporary waiver of in-person interviews for certain nonimmigrant U.S. Visa applicants from January 1, 2024 (to be reviewed annually).

Changes based on that determination are implemented by consular officers, who now have the authority and discretion to waive the in-person interview for:

• First time H-2 visa applicants (temporary agricultural and non-agricultural workers); and
  
  
• Other nonimmigrant visa applicants applying for any nonimmigrant visa classification who:
  
  
  • Were previously issued a nonimmigrant visa in any classification, unless the only prior issued visa was a B visa; and
  • Are applying within 48 months of their most recent nonimmigrant visa’s expiration date.

In all cases, applicants must meet certain legal requirements to qualify for an interview waiver.  

Implementation of this authority begins January 1, 2024, and will be reviewed annually.  

This authority is in place until further notice.

As a reminder, applicants renewing a nonimmigrant visa in the same classification within 48 months of the prior visa’s expiration date continue to be eligible for interview waiver until further notice.

To be eligible for an interview waiver, applicants must also meet certain criteria, including that they:

• apply in their country of nationality or residence.
  
  
• have never been refused a visa (unless such refusal was overcome or waived).
  
  
• have no apparent or potential ineligibility.

Consular officers may still require in-person interviews on a case-by-case basis or because of local conditions.  

We encourage applicants to check embassy and consulate websites for more detailed information about visa application requirements and procedures, and to learn more about the embassy’s operating status and services.

*Note: Due to the fact that this was originally only a temporary waiver, this Legal Wizard has NOT yet been modified to incorporate this option. If and when changes are made, this note willl be updated.

Alternative ➲ Check the Australian U.S. Consulate Websites for Last Minute Cancellations

Alternatively, you can check the Australian U.S. Consulate websites daily - or even twice daily - for any openings as the Australian U.S. Consulates sometimes have last-minute cancellations.

Alternative ➲ Fiji Interview Option

Suva, Fiji (a 4.5-hour flight from Sydney) currently has a 23-day waiting time for a U.S. Visa Interview.

If you would like to proceed to book an appointment at the U.S. Consulate in Suva. Fiji please contact our legal team so that we can assist you to make a fully informed decision, and help you to manage the additional risks and logistics.

If you decide to take this option, at a minimum you will need to consider the following:

🧩 A real risk of additional complications as you are not making an application in your home country;

🧩 If there are delays in processing your U.S. Visa then you will need to stay longer in Fiji and accordingly you will need to ensure you have flexible travel arrangements; and

🧩 In order to make an appointment, a trusted local agent is required to assist.

Intellectual Property Rights Notice

This Legal Wizard has been designed and developed with care 👨‍💻 by James D. Ford | Admitted to Practice as a Lawyer in Australia, New Zealand and California, U.S.A. CA State Bar Profile # 346590 | ⚖️ Principal Solicitor of Blue Ocean Law Group.

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© 2022-2023. Blue Ocean Law Group℠.