| Cite as “Posted on AILA InfoNet,
Doc. No. 02070944 (July 09, 2002 ).” (July
2002)
CONSULAR POST/ VISA OFFICE COMMUNICATION INSTRUCTION SHEET
Prepared by AILA Department of State Visa Office Liaison
Committee
Dealing with a consular post abroad can often be very
frustrating. In trying to resolve issues, it is important to remember that you
should check AILA InfoNet for the Department of State (“DOS”) Visa Office (“VO”)
Liaison Minutes. These minutes contain useful information about a variety of DOS
issues, including national visa center processing, nonimmigrant and immigrant visa
processing, advisory opinions, post liaison, etc. In addition, the minutes also
often contain a list of phone numbers at the VO. Attached at the end of this
document is the memorandum entitled, “Dos and Don’ts for Attorneys Representing
Visa Applicants,” which was provided to AILA by the VO at the March 22, 2001 Liaison
meeting.
The rest of this memo will try to address some basic
process issues on how to deal with post liaison and then the VO. Please remember
that the VO cannot force a consular officer to issue a visa. In addition, the VO is
not an adjudicator of factual issues. If a post is following improper procedures, or
if a complaint may need to be filed against an officer, or if there is a legal issue,
these issues may be submitted to the VO via its e-mail address, LEGALNET@state.gov, after you have attempted to
address them with the post. In fact, all public advisory opinion requests are now
supposed to be submitted to the VO through LEGALNET@state.gov.
- What to do after more than one attempt at addressing an
issue with a post.
You should use the VISA OFFICE Inquiry Format, found below,
and send it via e-mail to LEGALNET@state.gov.
You can copy the form from below and paste it into the email. This inquiry goes to
the Public Liaison Division of the VO. Depending on the nature of the inquiry, the
officer handling the LEGALNET request may have to contact Advisory Opinions, Waiver
Review, and/or a post abroad before responding to you. Posts are asked to respond to the
VO within 30 days. Other divisions are expected to respond within 10 to 15 business
days. If the Public Liaison Division does not receive a response, it sends a
follow-up request. All LEGALNET inquiries are sent an automatic acknowledgment
e-mail stating that the inquiry has been received. If you do not receive a
substantive response within the indicated time frame, you should send a second follow-up
message to LEGALNET. If the automatic e-mail acknowledgment is not received, the
attorney should verify the mailing address or send the inquiry via fax to
1-202-663-3899. Please note that you can attach documents to your e-mail, but
sometimes, the VO is not able to open the attached documents. They usually cannot
open attachments from the internet. So, use the fax number (202-663-3899) as an
alternate, when you must send attachments to your inquiry. If possible, try to
condense the issue discussion to the one page format of the inquiry form. The form
provides the base information required by the VO to respond.
In fiscal year 2000, LEGALNET received an average of 186
e-mail inquiries per month. Resolution does not always equal issuance of a visa, but
the VO does attempt to follow-up on all inquiries until the issues are resolved or
clarified. Since cases vary significantly, it is difficult to determine an average
response time. If an inquiry requires input from another office, the VO has little
control over delays. In general, you should hope to receive at least an interim
response within 15 working days.
LEGALNET relies on the cooperation of overseas posts.
The VO attempts to establish and maintain positive and cooperative relationships with the
various officers and offices. The VO normally contacts the post via e-mail, but if
they do not receive a response after a reasonable amount of time and several attempts,
they follow-up with faxes and phone calls. With technological advances, information
is becoming more accessible. Currently, they find that it still takes some posts
more than 30 days to respond. Please note that more information on this particular
communication issue is contained in the March 22, 2001 VO Liaison Meeting Minutes.
- What if LEGALNET does not respond?
As noted above, you should contact LEGALNET again
indicating that it is the second inquiry. If after the first attempt you do not
receive an automatic acknowledgment, you can also notify the DOS Liaison Committee so that
they can ask the Public Liaison Division to check and see, if the system is
operative.
- When do I contact AILA’s DOS Liaison Committee for
issue specific assistance?
The DOS Liaison Committee is not set up like our Service
Center Liaison Committees. Our Service Center Liaison inquiries deal with specific
case inquiries. With the DOS Committee, your LEGALNET inquiry is a direct inquiry to
the VO. If for some reason, the VO is not being responsive, then you should advise
the DOS Liaison Committee, by contacting a member of the committee or by sending an email
to AILA’s Director of Liaison at cwilliams@aila.org,
so that they can follow-up. In addition, if your issue raises a general policy or
procedure, please notify the DOS Committee.
- When does the DOS Liaison Committee meet with the DOS?
There are normally two Liaison Committee meetings in March
and October. Questions are solicited from members in advance to be submitted.
Again, case specific questions are not presented, but case issues may lead to policy and
procedural questions. Please note that the DOS Liaison Committee will reject case
specific inquiries and advise you to deal with the procedure of notifying the post first
and then the VO through LEGALNET. Unless LEGALNET is used, we are not going to be
able to keep the VO apprised of these issues on a timely basis. In addition, we need
to use it (LEGALNET) or lose it.
VISA OFFICE
INQUIRY FORM |
| POST: |
Date of Inquiry: |
| Nature of Inquiry: |
Communication Problems ? |
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Post Procedure Response ? |
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Advisory Opinion ? |
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| Have you contacted post directly? |
Yes ? No ? |
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| When: |
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| How: |
Phone ? Mail
? Fax ? E-Mail ? |
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| Name of person you contacted (if
known): |
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| Attach correspondence, if any: |
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| Full Name(s)*, Nationality, and
Place and Date of Birth of Foreign National: |
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| Current Visa Status in U.S., if
any: |
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| Type of Visa: |
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| Immigrant ? (Category) |
Nonimmigrant
? (Category) |
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| IV Case Number: |
NIV
Appointment Number: |
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| A# (if any) |
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| Nature and History of Inquiry: |
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| Reply To: |
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| Name: |
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| AILA Member #: |
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| Firm: |
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| Address: |
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| Phone: |
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| Fax: |
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| E-mail |
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*As it appears on
passport |
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Send to: LEGALNET@state.gov
or to DOS via fax: 1-202-663-3899,
if attachments included.
Tel. No. 1-202-663-1225 |
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"DO's" and
"DON’T's" for Attorneys Representing Visa Applicants Obtaining
Information
To find out basic
information about a post's visa operations and any special application procedures, take
advantage of U.S. sources of information first, such as the Department of State or post
web-site, the Department's public inquiries line, or AILA handbooks or guides.
- Be sensitive to overseas posts' limited resources, and use
post's public telephone information services for routine questions and information.
Don't skip the public information telephone system or
refuse to talk to local FSN staff and insist on talking to a consular officer simply to
obtain general information which is available through automated or other easily available
sources.
- Read any printed information which consulates provide, and
follow the guidelines to ensure that clients receive the most efficient service.
When inquiring about a specific pending case, observe post procedures for such inquiries
and respect any special rules concerning hours for or preferred means of inquiry.
- On routine matters, such as scheduling an appointment, use
faxes or the mail, and allow a few days for a response before contacting post again.
- Recognize that consular officers cannot preadjudicate a case
if the applicant has not applied yet, so written inquiries should generally be limited to
questions about pending/decided cases. If an attorney has general questions prior to
adjudication, it is best to call the public inquiries number or refer to available
information sheets.
- If you have questions about a pending case or visa refusal,
don't telephone cold and expect the consular officer to recall your client's case.
Instead, contact the post in writing first before calling. Explain in a brief and succinct
letter/fax the nature of the inquiry and include any relevant documents. If necessary, you
can then follow up with a phone call.
Preparing the Application
- Know the hours that the visa unit is open to the public, as
well as the workings of any appointment system which may be in place.
- Don't call to notify the post of a planned visa application
just “to pave the way" for the application, if the application is a routine one
that requires no special advance notice. The case will receive the necessary handling when
and if the applicant applies.
- Learn as much as you can about the facts of the case and the
relevant history of the applicant and any employing company. The more an attorney knows
about a client, the greater the potential for the attorney to assist his/her client in a
concrete way.
This is particularly true of more complicated applications,
such as work visas.
- Help the client prepare for the interview, and fully brief
him/her on the visa interview process so that the interview can be as effective as
possible for both the client and the interviewing officer.
- Advise the client on the eligibility requirements for the
visa he/she intends to apply for, and alert the client to the possibility of a visa
refusal and the grounds on which a visa may be denied.
- Ensure that applicants read and understand their application
form before coming to the interview. This is particularly critical if the applicant does
not have a good command of the language used in the form.
- Make sure the client fills out the visa application form
accurately, answers all questions completely, and (in the case of the DS-156) signs the
form before submission. Please carefully print or type all answers.
- Review the application with the applicant for completeness
and accuracy.
- Stress to the applicant the importance of answering all
questions thruthfully, both on the application form and during the interview, and warn the
applicant of the possibility of permanent exclusion if he/she makes any material false
statements.
- If applicable, inform the client of the importance of
telling the truth about any previous arrest or conviction or past problems with U.S.
immigration or consular officials, and make sure the applicant is prepared to present
relevant court or immigration records at the time of interview.
- Make sure the applicant is prepared to explain and, if
necessary, document previous stays in the U.S.
- Send supporting documents directly to the client, not to the
post. Most posts do not have the resources or space to file or quickly retrieve large
numbers of attorney faxes. The best way to ensure that the document you wish to submit in
support of the application is immediately available at the time of the interview is to
have the applicant hand carry it to the interview.
- Particularly in immigrant visa cases, make sure the
applicant knows which documents to bring to the interview, and ensure that the applicant
has originals, not just certified translations, of the basic civil documents. Where police
certificates are available, make sure the client obtains them and brings them to the
interview.
- Contact the post first (particularly in time-sensitive
cases), if you plan to submit nonimmigrant visa applications for a large group of aliens,
such as sports teams, performance groups, delegations, groups of workers, etc. This allows
the post to advise the attorney ahead of time on application procedures and the types of
materials the applicants will need to bring with them. Advance notice helps ensure
that both the post and the applicants are prepared for the group application and thereby
facilitates prompt and efficient processing.
- In group-visa application cases, assist the applicants to
arrange their supporting documentation in an orderly fashion. This facilitates more
efficient review of the cases and helps speed up the interview process. While the order of
the documents generally does not matter, it is very helpful if they are arranged similarly
in each case.
- Recognize that a neat and well-organized document package in
itself does not lead to visa issuance. Applicants are all individuals and, while documents
for one may have assisted in showing eligibility, the same documents may not be enough for
another alien with differing circumstances.
Special Considerations in Complex Cases, Such as E Visa
Applications:
- Take the time to make sure that the E visa application is
complete. Follow the instructions in the post's handout, which specifies what is required
for E visa adjudication.
- Provide a concise letter outlining the applicant's
qualifications and addressing the major requirements (substantiality, marginality, etc.)
for an investor visa or document substantial trade for a trader visa.
- Provide concise and updated documentation .to demonstrate
the applicant's qualifications, including information as to the source of investment
funds.
- Present documents in an organized fashion, with an index and
tabs, where appropriate.
- Comply with requests for specific documents. This is a
time-saver and will allow the post to adjudicate the case more quickly.
- Don't submit large volumes of information in E visa cases,
unless requested by the consular officer.
- Allow the consular officer a reasonable period to review the
submission before requesting an appointment.
- Give the consular officer the opportunity to question
statements made in the application and to explore the issue of the applicant's intent to
depart the U.S. after E status expires, which is a legitimate area of inquiry.
- For H or L visa applicants, present the original I-797
petition approval notice, have available the documents submitted to the INS, and present
proof of current job, if applicable.
- Avoid scheduling the alien's planned departure too soon
after the interview, as it may be necessary to submit additional documents or provide
clarifying information before a final decision can be made in the case.
Makinq the Application:
- Have the applicant apply at the appropriate post, i.e.,
where the applicant resides or last resided abroad, or at a post designated to process or
comfortable with processing "homeless" applications.
- Respect whatever rules the consulate has established for
attorney presence at interviews.
- Prepare the client so that he can present his case without
you if the consulate does not allow the attorney to be present or to participate in the
interview.
- Don't conceal or fail to address relevant derogatory facts
about the applicant, such as past criminal or immigration problems or previous visa
refusals or overstays, as this will only hurt the case and your client's interests in the
long run.
- If you are present at the interview, let the consular
officer direct the proceedings and do the questioning, and let your client answer the
questions. Don't seek to restyle the consular officer's questions or answer for the
client.
- If you are present and the client is refused, accept that it
may be necessary to submit any countervailing arguments or requests for review in writing,
given the time and crowd pressures in many nonimmigrant visa units. Don't argue the case
at length at the window.
- When presenting arguments in support of the application,
cite the specific section of the FAM or other relevant law or regulations that support
your client's position, and be sure to include specific facts about your client's case
that show that the cited law/regulation applies.
- Don't settle for a bad decision if you have a good case and
you believe an error was made. Reapply or seek review within the consulate and, if
unsuccessful and the issue is a legal one, seek an advisory opinion from the Visa Office.
- If the reviewing consular officer upholds the refusal and
you remain convinced that an error has been committed, you may seek an advisory opinion
from the Visa Office, if the issue is a legal one. Don't request review by the Visa Office
if the issue is factual, as the consular officer’s factual findings are binding on
VO.
When asking for review of a case, present your case
succinctly, addressing all relevant facts and citing legal authority for your arguments.
Don't overwhelm the consular officer with large volumes of unnecessary documents, either
in the application process or when seeking review.
If your client has been refused and you have already
exhausted all opportunities for review and been unable to overcome the refusal, do not
seek repeated further reviews unless you have new arguments to raise or new information to
provide. Accept that some cases cannot be won, and save your efforts (and built-up
goodwill) for cases that merit it.
Whatever the outcome, maintain a courteous and professional
tone throughout. A confrontational manner or abusive tone is usually counterproductive,
and does not serve your client's interests.
Miscellaneous Tips:
Recognize the time pressures that most consulates
are under, and don't call with unnecessary frequency or drop by without an appointment in
the hope of being able to meet with a consular officer.
Inform the post if you have ceased representing an
applicant or have taken over a case from another attorney.
Don't rely on FOIA requests to obtain information on
the reasons for a visa refusal or other visa-related information, as this procedure is not
an effective means to obtain such information. Visa records are confidential under Section
222(f) of the Immigration and Nationality Act and, through that provision, are generally
exempt from release under FOIA. The only visa records that can be obtained under a FOIA
request are documents either submitted by or sent to the applicant. Thus, the applicant
will not learn anything new about the case from any documents that might be obtained
through a FOIA request. If you do not believe you have received sufficient
information about the grounds of refusal or other issues, you should write to the post or
the Visa Office.
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