John Montesanti, Esq.

John Montesanti, Esq.

By John Montesanti 04 Jan, 2024
In a recent development that significantly impacts the immigration landscape, the Secretary of State, in consultation with the Department of Homeland Security, has announced crucial updates to the interview waiver process for certain nonimmigrant visa applicants. This update, effective from January 1, 2024, reflects the government's commitment to streamlining processes while prioritizing national interests. What Does this Mean? This change allows the consular officers more authority and discretion to waive the in-person interview for certain nonimmigrant visa applicants. Who Benefits from the Interview Waiver? 1. First-Time H-2 Visa Applicants: This includes temporary agricultural and non-agricultural workers. 2. Other Nonimmigrant Visa Applicants: Those who were previously issued a nonimmigrant visa in any classification, except for B visas. Applicants applying within 48 months of their most recent nonimmigrant visa's expiration date. Key Conditions for Interview Waiver Eligibility: To be eligible for an interview waiver, applicants must meet specific legal requirements. These include: Applying 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. Implementation and Duration: The authority to waive in-person interviews is set to begin on January 1, 2024, and will undergo annual reviews. Importantly, this policy will remain in effect until further notice. Renewals within 48 Months: Applicants renewing a nonimmigrant visa in the same classification within 48 months of the prior visa's expiration date will continue to be eligible for interview waivers until further notice. Consular Discretion and Case-by-Case Basis: While consular officers now have the discretion to waive interviews, they may still require in-person interviews on a case-by-case basis or due to local conditions. Stay Informed and Plan Accordingly: As these changes come into effect, it's essential for applicants to stay informed about the embassy's operating status and services. Therefore, applicants are encouraged to regularly check embassy and consulate websites for the most up-to-date information and details on visa application requirements and procedures. Conclusion: This latest development is a positive step towards facilitating a more efficient visa application process for specific nonimmigrant categories. For personalized guidance on your immigration matters or to understand how these changes may affect your specific case, we encourage you to reach out to Santos Lloyd Law Firm’s expert legal team.
By John Montesanti 21 Dec, 2023
The U.S. Embassy in Madrid introduced a simplified E-visa application process in November 2023. The primary aim is to streamline and expedite the processing period to 90 business days or less. Applicants now have three options: Option 1 for spouses or children of current E-visa holders; Option 2 for employees joining established U.S. companies with a history of E visa approvals, and; Option 3 for first-time companies and select renewals. The Yatri appointment system facilitates automatic scheduling for certain options, while cases are processed on a "first in, first out" basis. The submission process involves electronic submissions via email, specific document requirements, and limitations on file size. Confidentiality concerns are addressed by allowing sealed envelopes for sensitive documents. The revamped process reflects a commitment to a more efficient and transparent application experience. Every embassy and consulate has a slightly different approach to how they require E-visa applications to be submitted. If you are a Spanish National looking for guidance regarding an E-visa please reach out to the attorneys at Santos Lloyd Law Firm, where we can assist you in English and Spanish. In addition to ensuring that you meet all the eligibility requirements, we can help you navigate the complicated processing requirements in Madrid or at any other Embassy. Please schedule your consultation today to allow us to help you with your E-visa application.
By John Montesanti 22 Nov, 2023
The Department of State recently announced good news for French citizens looking to invest in the United States. The U.S. Embassy and Consulate in France stated on their website that: “Beginning on November 16 th , 2023 , Treaty Trader ( E-1 ) and Treaty Investor ( E-2 ) Visas for French nationals will be issued for 48 months , an increase from the previous validity of 25 months. A reciprocity fee of $58 per approved visa will be charged at the time of the interview.” This is great news for investors as the validity length of a French Treaty Trader and Investor visa has nearly doubled from 25 to 48 months . If you are a French entrepreneur considering the E-2 visa, or have an existing business trading with the US considering the E-1 visa, do not hesitate to reach out to the attorneys at Santos Lloyd Law Firm for guidance on how to make the most of these recent changes and embark on your U.S. business venture with confidence. The path to success may be challenging, but with the right legal support, your entrepreneurial dreams can become a reality in the vibrant and diverse business landscape of the United States.
Prior to finding his true legal passion in Immigration Law John Montesanti developed a diverse legal background which includes employment, foreclosure defense, bankruptcy, real estate, contracts, derivative, securities, compliance and banking law. 
John Montesanti’s experience running a four-location restaurant concept in New York City as well as working for Bank of America and Credit Suisse helps him to best understand the overall needs of his business clients, both large and small. He has experience in a variety of employment immigration disciplines including E-1/E-2, TN, L-1A/L-1B, EB-2, and O-1 visas.

John has a broad family-based immigration practice and can help reunite families with complex issues at any juncture in the process. John’s family-based experience includes naturalization, adjustment of status, consular processing, fiancé and marriage-based visas, removal of conditions, and I-601 and I-212 waivers. This past June, John recently taught a Continuing Legal Education (“CLE”) to immigration attorneys at the American Immigration Lawyers Association (AILA) National Conference on complex I-751 issues.

In addition to his speaking engagements with AILA, John is USCIS Buffalo Field Office Liaison, the Regional Citizenship Day Coordinator for the Upstate New York Chapter and a USCIS Field Operations Committee Member. John is also recognized as an Immigration Law Rising Star by Super Lawyers.

Education 
  • University at Buffalo Law School, J.D. 
    • Concentration in Financial Transactions
    • Vice President of Public Relations for the International Law Student Association 
    • Associate of the Buffalo Environmental Law Journal
  • Middlebury College, B.A. American Civilization major
    • Recipient of the John Kirk Jr. Scholarship for academic excellence
    • College Scholar Distinction Award
State Bar License
New York State Bar Association
***Not admitted to the California State bar.
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