NIV: (typical response time:) (Five working days) E Visa Unit: (typical response time:) (Five working days)

Transcription

1 A. General Operations and Communication 1. Please provide current NIV and IV staffing numbers and information relating to any staffing changes that have transpired recently and/or are anticipated over next 6 months. NIV: Unit chief and five adjudicating officers. IV: Unit chief and two adjudicating officers. Warsaw expects to maintain these numbers, allowing for some gaps in staffing due to normal transfer and leave schedules. 2. Please confirm the following inquiry s NIV: (typical response time:) publicwrw@state.gov (Five working days) E Visa Unit: (typical response time:) publicwrw@state.gov (Five working days) IV: (typical response time:) publicwrw@state.gov (Five working days) 3. Is the Embassy receptive to creating a separate address for attorneys to correspond directly with the Embassy without having to interact with the call center to obtain the CIU code? The consular section maintains one mailbox for visa matters, publicwrw@state.gov. The address is publicly available and it is not necessary to call the call center. s to this inbox are reviewed by consular staff directly. 1

2 Most requests for specific additional documentation should be submitted via the Global Support System (GSS) online application at ustraveldocs.com. There are courier and online submission options and the officer will inform the applicant which option to use and how to submit documentation. There is no additional fee to use this service. The public mailbox above can be used for general correspondence and inquiries. B. NIV Processing 4. If appropriate for your post, are there any plans for the post to expand the Nonimmigrant Visa Interview Waiver Pilot Program as detailed in 9 FAM N9 or the Visa Reissuance Program found at 9 FAM N3 beyond any current qualifying visa categories? We are currently reviewing our guidelines regarding the interview waiver pilot program with an aim to expanding the number of applicants eligible to submit applications under the program. 5. What is the Embassy s attitude toward communication regarding a case prior to interview? Under what circumstances, if any, would the Embassy prefer to be notified regarding an upcoming interview? Applicants and representatives are welcome to submit any information they feel is relevant to their case via the public mailbox. (d)(3) waiver request to be filed? There is no mechanism to submit a waiver request prior to an interview and an actual finding of ineligibility. When a finding of ineligibility is made, consular officers inform applicants orally and in writing if a waiver of their ineligibility is available. Applicants may request a waiver orally at the interview or subsequently in writing via the public inbox up to one year after their interview date. As a standard practice, we require applicants with a history of arrests, trials, or convictions to submit police certificates (zapytanie o karalnosci) and court documents (wyrok sądowy) along with English translations. Applicants can reduce processing time in cases where these issues exist by bringing the documents to the interview. There is no need to submit them prior to the interview. 2

3 NIV Interviews for a similarly situated group (team of workers/performance/sports teams/delegations, etc) The GSS application and appointment scheduling system, found at ustraveldocs.com, has information available regarding group appointments. 6. Are there any special considerations for F-1/M-1 student and J-1 exchange visitor applications such as specific documentation that you would want to see to help establish whether the person meets the requirements for visa issuance or whether the field of study/research would require additional clearance considerations? Applicants for student and exchange visitor visas should bring to the interview an original I-20 or DS-2019, depending on the category of visa they are applying for. It can be helpful for applicants to bring evidence of their ability to finance their studies to the program they are applying for, if applicable. Officers can only determine whether a case will require additional administrative processing at the visa interview itself, and will request any additional documentation as necessary at the interview. 7. What factors does the Embassy focus on when adjudicating F-1/M-1 student visa applications? Several members note that older applicants and/or applicants not attending major or renowned universities have a higher denial rate than typical F-1/M-1 applications. Student visa applications are adjudicated according to the guidelines found in 9 FAM with associated notes and procedural notes. Applicants for student visas are subject to Section 214(b), and therefore required to demonstrate to the interviewing officer that they have a residence abroad that they do not intend to abandon and intend to return to upon completion of their course of study, and that their purpose of travel to the United States is to engage in the course of study indicated on their I-20. They must also demonstrate that they possess sufficient funds to pay for their intended course of study. Adjudication standards are the same regardless of an applicant s age or intended institution of study. 3

4 8. Under what circumstances does a Consular Officer refer a case for an Advisory Opinion (AO)? May an attorney assist during this period? Consular officers submit a advisory opinions for a number of reasons, such as when information obtained at the visa interview requires the submission of an AO per FAM guidance, when a legal opinion is sought to determine whether an ineligibility applies to an applicant s case, or if a request for a waiver of ineligibility is not supported. If additional information is requested from an applicant, the applicant may work with their attorney to provide it. 9. If administrative processing is required on a case, how long are the responses typically taking (within 30 days/60 days?)? Will the consular officer specify or disclose if the administrative processing is due to a Security Advisory Opinion (SAO), name check, technology transfer or internal admissibility review? Consular officers will not disclose the reason a case requires administrative processing. We cannot say with certainty how long administrative processing will take to complete. 10. What is the Embassy s view on acceptance of third country nationals for NIV processing? Are there any particular third country nationals that the Embassy accepts or does not accept? Is it only for certain visas? Embassy Warsaw will accept NIV applications from individuals of any nationality that are actually present in Poland. We advise applicants that they may wish to apply in their country of residence or where they can most easily demonstrate their ongoing economic, familial or social ties. 11. Is the Embassy aware of any problems/issues with the DS-160? Any new roll outs planned for this system? No. 12. What are the most frequently seen NIVs at the Embassy? B1/B2 visitor visa applications constitute the majority of our cases. We also process significant C1/D crew applications for mariners and airline crews, as well as F1 student and J1 exchange visitor applications. 4

5 13. Are there any special considerations for E visa processing beyond the process described on the Embassy s website? No. What are the current processing times for an E company registration application and associated visa application from submission to visa issuance? Under the GSS online application program (ustraveldocs.com), E visa applicants must submit an online visa application and then schedule an interview at the embassy or consulate. At the time of their interview, applicants submit documentation in support of their application for review. When all documentation is in order and the applicant is eligible for the visa, the E visa can be approved on the same day as the visa interview occurs. Cases are refused under 221(g) when additional documentation is required. Will the Embassy accept E company registration filings for nationals who reside in another country? Nationals who reside in another country may apply for E visas in Poland. The treaty trader or investor must, whether an individual or business, possess the nationality of a treaty country listed in 9 FAM Exhibit I. 14. What should be provided above and beyond a standard B visa applicant for the following B visa applications: B visa adjudications for pregnant mothers with intention to give birth in the US? Individuals intending to give birth in the U.S. should provide evidence of an established medical relationship in the U.S. and demonstrate that they have access to sufficient funds to cover the cost of the intended treatment. These requirements apply to all applicants seeking to enter the U.S. for medical treatment. B visa for dependent parents? All adults must overcome the assumption of 214b on their own. They should provide information on how their general eligibility for a visitor visa as well as information documenting that they are dependents of their children. 5

6 B visa for Domestic workers? Applicants must first demonstrate that they overcome the presumption of 214(b). In addition, in accordance with 9 FAM N9.3 they must show that Applicants for this category must have worked for their employer for over one year or show that they have a history of work in this field and that their employer has a history of employing domestics workers. Finally, they must present an original contract of employment signed by both the employer and employee guaranteeing employee will receive the minimum or prevailing wages whichever is greater for an eight hour work-day. The employment contract must also reflect any other benefits normally required for U.S. domestic workers in the area of employment. The employer will give at least two weeks notice of his or her intent to terminate the employment, and the employee need not give more than two weeks notice of intent to leave the employment. B visa for Cohabitating Partners of NIV or USC? Cohabitating partners must demonstrate that they overcome 214b. When allowed per the FAM for certain categories of visa (such as L) we will annotate a visa indicating the fact that the applicant is a cohabitating partner. A cohabitating partner of a USC must demonstrate an intention to return to Poland or another home abroad. B-1 in lieu of H-1B visas: If applicants are specifically requesting a B-1 in lieu of H-1B they should provided documentation describing their qualifications for this classification, describing the nature of the work they will do, their qualifications to perform this work, and any sources of compensation they will receive while in the U.S. Their visas will be annotated. 15. PIMS issues: Does the Embassy request a copy of the petition and supporting documentation filed with USCIS even if the case is uploaded into the Petition Information Management Service (PIMS)? If a case is not uploaded into PIMS, what is the typical wait time for KCC to inform the Embassy that the case has been uploaded into PIMS? If a case is not uploaded into PIMS, does the Embassy try to access information regarding the approved petition through USCIS Person Centric Query Service (PCQS) as stated in 9 FAM N8.1? 6

7 We require the receipt number on the DS-160 or a copy of the I-797. We do not need the documents that were filed with USCIS unless the interviewing officer determines at the interview that he or she needs to review them. If a case is not in PIMS we will send an to KCC asking them to add it, which usually takes one to two days. For urgent cases, we will ask KCC to expedite the request. Time constraints generally prevent the officer from checking PCQS at the interview. 16. What access does the Embassy have to SEVIS? Is information still pushed through the CCD or is there some sort of direct screen access? SEVIS information is provided both in the CCD and via a direct link in the NIV program. 17. What is the Embassy s policy regarding I-134 submission in K-1 fiancée visa cases? If not required, does the Embassy prefer the submission of I-134 versus not providing an I-134. We do not require the submission of an I-134 for K-1 visa applications. However, applicants for all K-1 visa applicants must demonstrate at their consular interview that they will not become a public charge and we recommend that applicants come to the interview prepared to address this requirement. An I-134 can serve as useful evidence of the support available to them. 18. What kind of documentation regarding financial support does the Embassy prefer in K-1 fiancée visa applications? May the non-usc s income/assets be factored in/relied upon? K-1 applicants are welcome to submit any documentation that demonstrates the support available to them in the United States and the interviewing officer will consider it within the context of each individual application. 19. Would the Embassy please offer insight into the process for recommending a (d)(3) waiver? 7

8 Officers follow the guidance of 9 FAM and associated notes when determining whether or not to support a request for a waiver. 20. Would the Embassy please provide information relating to the criteria for requesting expeditious processing for a (d)(3) waiver by ARO after a waiver is recommended by the consular officer? Officers assess requests for expeditious processing on a case by case basis. In general, we restrict requests for expeditious processing to when an urgent humanitarian need for travel exists (such as medical treatment or a death in the applicant s family) or when there is clear and significant United States government interest. Applicants who wish to request expeditious processing should apply well in advance of their intended travel dates wherever possible. C. Immigrant Visa Issuance 21. Are there any specific issues the Embassy routinely sees in relation to the IV process such as Affidavit of Support issues (domicile, assets, etc), unavailable documents (birth certificates, police certificates, etc) or inadmissibility issues (material misrepresentation, 3/10 year bar, etc)? The ineligibility issues most frequently seen at post involve prior periods of unauthorized presence (frequently long periods of unauthorized presence) and criminal ineligibilities. Civil documents are obtainable in Poland and Belarus, though applicants frequently provide incorrect or incomplete documentation, i.e. short-form versus long-form certificates and expired police certificates. Post also frequently sees insufficient or improperly executed Affidavits of Support and related financial support documents. 22. Is an I-824 required before the Embassy will commence IV processing of a following to join spouse or dependent child if the principal applicant obtained an immigrant visa? What if the principal adjusted status in the US? Yes, an I-824 is required. 23. What is the role of the physician during the process from scheduling the appointment to the actual appointment? What communication does the 8

9 physician have with the Embassy regarding test results? How long are the appointments being scheduled for in advance of the consular interview? How long are medical results taking? Applicants are required to submit their medical exam results in a sealed envelope prior to the issuance of an immigrant visa. Currently post is not aware of any circumstance where an applicant could not complete the standard medical examination and tests within 10 days of seeking an appointment. We communicate with physicians regularly regarding issues of process and regulation, including occasional requests to clarify test results or correct mistakes or inadvertent omissions on test result forms. D. Processing & Attorney Communication 24. What is the Embassy s preferred inquiry communication procedure for pending cases (call/fax/ through homepage)? Denied cases? Applicants and attorneys should write to the mailbox listed above, publicwrw@state.gov. 25. Are there certain employer/petitioner cases where there is a higher likelihood that the petitioner will be asked for additional documents? Are there certain cases which the post has designated as high fraud and additional documentation is required? Could the post provide the list of additional documents required for those cases? Officers assess each case on an individual basis and will advise applicants directly if extra documentation is required. 26. How long on average does the Embassy keep a file before returning it to USCIS for revocation? Is the Embassy open to an attorney request for an opportunity to rebut? When a decision to recommend revocation has been made, we make every effort to return the petition to USCIS through the proper channels promptly. We will inform the applicant when we decide to recommend a case for revocation. Post will accept any documentation an applicant or his/her Agent of Record may wish to provide regarding his or her case and examine it in light of other information available. 9

10 27. What would be the Embassy s recommendation of the best manner for attorneys to bring to the Embassy s attention arguments of admissibility? For example, in a cover letter, legal memo presented at the time of interview, etc? Applicants should present any information they feel is relevant at the interview. Information not available at that time may be submitted subsequently via the publicwrw@state.gov mailbox. Post leaves the formatting of the information or argument to the attorney s or applicant s best judgment. 28. Outside of maintaining politeness, what would be the Embassy s strongest suggestion to counsel (i.e., what can immigration counsel do to improve the working relationship)? Post generally enjoys a productive relationship with counsel. We clearly communicate to applicants that we cannot guarantee visa issuance in advance or determine whether a case will require further documentation or administrative processing. We advise applicants to apply well in advance when possible and to avoid making concrete travel plans before visa issuance. By ensuring clients are aware of this advice, counsel can help them avoid disappointments and financial loss. 29. What is the Embassy s position on right to in person representation by counsel? If not allowed, why not? If allowed, is it only for particular types of cases (i.e., direct IV cases, E visas, etc). What guidelines would the Embassy like attorneys to follow? Due to security and space constraints, Embassy Warsaw does not allow third parties to attend visa interviews aside from special cases such as the presence of a guardian when children apply for visas alone or a caretaker for individuals with disabilities who need assistance during the interview. 10