AILA Notes from Tour of Consular Operations

Transcription

1 Q&As from AILA Meeting with the U.S. Embassy and USCIS Field Office Lima, Peru May 19, 2015 * DOS Answers are CA approved. * USCIS Answers are unofficial notes taken by AILA attendees. AILA Notes from Tour of Consular Operations Embassy was built in the 1990s. IVs: Approximately immigrant visa applications per day. o Information from the Form DS-260 does not completely transfer over but changes are underway to fix this issue. o There is a privacy booth for immigrant visa interviews. Applicants with sensitive issues may request an interview in the privacy booth. o Post will rarely ask the petitioner to come in for the interview but the petitioner is welcome to come in. NIVs: Approximately 1,110 nonimmigrant visa applications per day between the hours of 7:30 AM and 3:00 PM. o Fingerprints and data entry (information upload and quality check) for NIVs is usually done the same day as the interview but sometimes gets bottlenecked and applicants will have to wait outside in the terrace area. The terrace has chairs and is covered to protect applicants from the elements. o NIVs may be expedited but only for legitimate and unforeseeable reasons. There is a place in the online appointment system where the applicant can indicate the emergency. Otherwise, there is an approximate two week wait time for the interview. o When the visa is approved, it is sent the next day; delivery takes 2-4 days (if in Lima) or 1 week (if outside Lima). DHL office is across the street. o Interview waiver program, currently available for B renewals is expected to expand to crewmembers. American Citizen Services: o Handles passport emergencies at all open hours. o Post is seeing an uptick in renunciation of citizenship requests. This is a two-part process: (1) informational meeting where the reasons and repercussions are discussed; (2) the actual renunciation. The most common reason for renunciation in Peru is the desire to run for political office. o The office does do prisoner visits, though most are conducted by a consular officer in Cusco. The most common reason for a U.S. citizen to be imprisoned in Peru is for drug offenses. Miscellaneous: o Photos that meet the necessary specifications can be taken at a booth onsite at the Embassy. o Attorneys should explain to their clients that there is an oath at the beginning of the interview and clients should understand the oath to avoid a fraud finding. 1

2 General Operations 1. Please provide a current organizational chart for the U.S. Embassy Lima, including the Consular Section, and an organizational chart for USCIS and other DHS components with a presence in Lima. How many employees (local and U.S. staff) are on site? Are there any significant staffing changes anticipated in the near future? DOS Answer: Consular Section Organizational Chart: Consul General: Catherine Holt Visa Chief: Elisa Greene American Citizen Services Chief: Charles Jarrett USCIS Answer: Patrick Lujan is Field Office Director for the Lima Field Office. USCIS Lima has jurisdiction over Argentina, Brazil, Bolivia, Chile, Colombia, Ecuador, French Guiana, Guyana, Paraguay, Peru, Uruguay, Surinam, and Venezuela. An organizational chart is posted on the USCIS website. 2. Is there an ICE and/or CBP attaché at the U.S. Embassy in Lima? Do the ICE and/or CBP offices cover the same jurisdiction as the USCIS counterparts? USCIS Answer: No ICE or CBP presence at Lima. ICE used to have a presence in Quito but now the main ICE offices for the region are in Bogota. 3. Please provide an overview of current initiatives and priorities of the Consular Section and the various components of DHS which have a presence in Lima. DOS Answer: The mission of the Department of State s Bureau of Consular Affairs is to provide consular services that most efficiently and effectively protect U.S. citizens, ensure U.S. border security, facilitate the entry of legitimate travelers, and foster economic growth. Please refer to travel.state.gov for information on initiatives and priorities of the Bureau of Consular Affairs. USCIS Answer: In addition to adjudicating immigration benefits, USCIS is looking at improvements to InfoPass and expanding InfoPass to allow people to schedule appointments at USCIS Lima during the public window hours (T, Th: 9 AM to 11 AM). USCIS is also working on improvements to its website and making sure information is consistent across the site. 4. Per the USCIS website, public walk-in hours are Tuesdays and Thursdays from 9 AM to 11 AM. 1 Are interviews held during these times or are the walk-in hours solely for public inquiries? 1 2

3 USCIS Answer: The USCIS public window for walk-in inquiries is 9 AM to 11 AM Tuesdays and Thursdays. There is also a USCIS phone number and (noted below) that may be used for inquiries. Individuals may use walk-in hours for filing applications or petitions, USCIS fingerprint services and case inquiries. 5. USCIS s May 2012 memo on the role of private attorneys states that an applicant has a right to an attorney in interviews conducted by USCIS International Operations offices abroad. 2 Are attorneys who have a G-28 on file permitted to attend interviews with their clients at the Lima office? USCIS Answer: Attorneys are welcome to come in with a client and a G-28 during the public inquiry hours noted above to inquire about a case. 6. Are attorneys permitted to accompany a client to an NIV or IV interview at the Embassy? Visa Fees DOS Answer: Attorneys and other guests are generally not permitted to accompany their clients to NIV or IV interviews. Exceptions are unusual and are on a case-by-case basis. Space in the consular waiting room is extremely limited. Only applicants and those assisting minors, elderly, or incapacitated applicants, or providing translation services, are permitted to attend interviews. Additional AILA Notes: Attorneys who want to argue a point of law should brief the issue in writing. Clearly articulate the facts and legal authorities. If, after your client s interview, you discover a misapplication of the law, send an right away to the relevant box. Complex legal issues will be sent to the Visa Office for review. 7. Many posts now accept payment of visa fees online, though we note that the U.S. Embassy Lima continues to require applicants to pay the fee at a Scotiabank location. Are there plans to implement online payment of MRV fees in the future? DOS Answer: The current fee system was designed to assist applicants through the visa process in the most expeditious and secure way possible. We are constantly seeking to improve this and all of our systems. We are reviewing the current fee collection system and are making suggestions for improvement. We value your comments as to how we might improve these and other systems. 8. We understand that USCIS International Offices generally utilize the State Department payment options for filing petitions. 3 As the Embassy requires certain payment to be made at Scotiabank but the USCIS website indicates that the fee can be paid by cash or 2 USCIS Final Memo on the Role of Private Attorneys, AILA Doc. No AILA Agenda USCIS International Operations Responses, Dec. 2014, Q16(a), AILA_11Dec2014_RESPONSES_2.pdf; AILA Doc. No , 3

4 credit card, 4 can USCIS confirm that the filing fees for USCIS services may be paid at the USCIS office in Lima, rather than at a bank outside of the Embassy? USCIS Answer: USCIS takes cash (U.S. dollars or Peruvian soles) or credit cards. Applicants must pay at the American Citizen Services window. Communications 9. Please verify that the following addresses are the best to use when communicating with post: 5 Nonimmigrant Visas: LimaNIV@state.gov; Immigrant Visas: LimaIV@state.gov. DOS Answer: These are the correct addresses. 10. When a group of individuals apply for a visa, is advanced communication preferred by the Embassy and if so, how should the group communicate its intent to apply as a group? DOS Answer: We recommend that any groups applying for a visa contact our correspondence unit as far in advance as possible at LimaNIV@state.gov for assistance with accommodating their scheduling. Please include GROUP in the subject line. 11. Please confirm that the best contact information for USCIS Lima is: Telephone: ; peru.uscis@uscis.dhs.gov. 6 USCIS Answer: This is the correct contact information. 12. What is the estimated response time for inquiries to the Embassy and to USCIS? Biometrics DOS Answer: We strive to respond to s as quickly as possible, generally within 5 business days. We have a team dedicated to receiving and responding to inquiries and who coordinate with adjudicating officers as appropriate. USCIS Answer: All inquiries receive an auto-response acknowledging receipt of the and including general information. Actual responses should be received within five (5) business days. 13. Many posts are starting to have separate Applicant Service Center (ASC) appointments (e.g., Argentina, Brazil, Mexico). Are there any plans to change the process in Lima and open a separate ASC? If so, what would be the timeframe for opening the ASC and will applicants be able to have biometrics taken the same day as the consular appointment? Contact Us,

5 DOS Answer: There are no plans at this time for a separate Applicant Service Center in Peru. 14. Will USCIS Lima permit overseas biometrics processing for individuals who have applied for immigration benefits stateside, such as a reentry permit, refugee travel document, naturalization (in the 319(b) context) or I-90, Application to Replace Permanent Resident Card? USCIS Answer: In general, biometrics must be taken in the United States. USCIS Lima can accommodate some biometrics appointments, but only if the applicant can demonstrate compelling circumstances that required them to depart the U.S. prior to the ASC biometrics appointment or that it is an undue burden to return. Guidance on overseas biometrics will be issued soon possibly as early as this summer (2015). Nonimmigrant Visas 15. Please provide general statistics on nonimmigrant receipts, approvals, and denials for 2014, including B-1/B-2, F-1, H-1B, L-1A, L-1B, O and P. DOS Answer: According to the publically available information from the Visa Office (VO) of the Bureau of Consular Affairs, found at the worldwide refusal rate for Peruvian nationals for B visas was 13.8% in FY2014. Please refer to the Report of the Visa Office 2014 for all publically available visa statistics. 16. According to the Embassy website, applicants should arrive 30 minutes early for nonimmigrant appointments and the intention is that the applicant will be in the Embassy for one hour. 7 On another portion of the website, applicants are encouraged to arrive only 15 minutes early or the applicant will be required to wait outside of the Embassy. 8 How early should applicants arrive at the Embassy? Is post generally meeting its goal of completing the process within one hour? DOS Answer: Thank you for bringing this discrepancy to our attention. The correct guidance is for the applicant to arrive 15 minutes early. Our website has been updated to reflect this. Post is generally meeting its goal of completing the process within an hour. 17. Please confirm that the Embassy is amenable to third-country national processing for NIV applicants visiting the region, assuming that the applicant understands and overcomes the additional hurdle of any potential 214(b) issues for not processing in their country of citizenship. DOS Answer: Yes, we accommodate most NIV applicants who are physically present in the consular district, including third-country nationals. 7 FAQs and Nonimmigrant Visas, 8 Access to the Consular Section, 5

6 18. Are there particular documents or evidence that the Consular Section would like to see to assist in the adjudication of a B-2 visa for the domestic partner (unmarried) of an H or L nonimmigrant? DOS Answer: As a general rule, the Consular Section does not require documents. As outlined in 9 FAM N14.4, the B-2 classification is appropriate for cohabitating partners of long-term nonimmigrants, provided that the applicant can demonstrate that they intend to maintain a residence outside the United States and otherwise meet the B visa eligibility requirements. The applicant should be able to discuss the strength of their ties to the H or L nonimmigrant, which is part of this determination; however, documents are not required. 19. Does the consulate annotate a B visa with B in lieu of H-1B when appropriate? DOS Answer: Consular adjudicators ensure that the proper visa class and annotation is recorded in each case. 20. Can a Peruvian citizen who resides in Peru and has dual citizenship in an E-2 treaty country apply for an E-2 visa in Lima? If so, what are the procedures for submitting the E-2 application and supporting documentation, and the normal processing time after interview? DOS Answer: Yes. Embassy Lima is able to process E-2 visas for applicants resident in the consular district. Potential applicants should consult for information concerning E-2 visas. Interested parties should refer to the U.S. Department of State travel.state.gov website for further information about applying for an E-2 nonimmigrant visa abroad. The applicant must schedule an appointment for a visa interview, regardless of age. 21. If an error is made on a visa, should the attorney first advise the Consular Section of the mistake via or should the passport be returned using the U.S. Visa Service without first alerting the Consular Section? 9 NIV Waivers DOS Answer: In the event of an error, please contact LimaNIV@state.gov or LimaIV@state.gov before returning the passport. You will be advised on the next steps through . Our website is being updated to reflect this guidance. 22. Are all the documents presented by the applicant with respect to a waiver scanned and forwarded to the CBP s Admissibility Review Office (ARO), or is there a limit on the number of pages or documents that the Embassy will send to the ARO? 9 See Corrections to Issued Visas, 6

7 PIMS DOS Answer: Yes. As outlined in 9 FAM N2, consular officers will scan supporting documents into the NIV case. Please do not forget to include an English translation of any document in a foreign language. 23. What is the general turnaround time by the ARO for NIV waivers that were recommended for approval? DOS Answer: We do not keep statistics on the response time from ARO on NIV waivers. The ARO office is better positioned to provide that information. We suggest contacting ARO directly. 24. Have there been any recent issues with information not being updated in PIMS timely? DOS Answer: We are not experiencing issues with PIMS at this time. 25. Are applicants advised to bring a full copy of the entire petition plus the approval notice to the interview appointment? DOS Answer: Yes. Copies of the petition and the approval notice are helpful in ensuring that the petition is associated correctly in PIMS. Additionally, some forms require the signature of the adjudicator, for example the I-129 in L visa cases. Consular Returns 26. Please explain the most common reasons for a consular return to USCIS for revocation. DOS Answer: Petitions are returned to USCIS for revocation in accordance with 9 FAM N2 guidelines where the qualifying relationship does not exist and the applicant does not qualify for the class of visa sought. 27. Please advise on the length of time it takes to return a file to USCIS for petition revocation. DOS Answer: There is no available timeframe to offer. Relevant factors include workload and staffing, the complexities of the case, and general processing time. For the benefit of petitioners and beneficiaries, we strive to process cases either to completion or for revocation as quickly as possible. 28. If an applicant alerts the G-28 attorney that there was a problem during the interview and that a petition is being revoked, how many days might the attorney have to contact the Consular Section in an effort to clarify any points before the case is returned to USCIS? 7

8 DOS Answer: Attorneys with concerns about approved petitions being returned to USCIS for revocation should contact as soon as possible after the interview. Abandonment of Resident Status (Form I-407) 29. Does USCIS offer same-day processing of Form I-407? USCIS Answer: Yes, I-407s are generally processed the same day. DOS commented they like to see the I-407 approved by USCIS before adjudicating a subsequent visa application. 30. Does USCIS Lima require a lawful permanent resident who has remained outside the U.S. for more than one year (usually due to the transfer of his or her U.S. citizen spouse abroad for work) and who has not secured a re-entry permit to file a Form I-407 before filing and being approved for a new I-130 when the family is transferred back to the U.S.? USCIS Answer: See the response given by USCIS International Operations Directorate at the liaison meeting in December Many individuals wishing to file an I-407 are also interested in obtaining a visitor visa upon adjudication of the I-407. USCIS advises that I-407 applications can be filed during public walk-in hours, while a visitor visa requires a scheduled appointment with the Embassy. Can applicants accomplish both appointments during the same visit and if so, what is the best way to arrange this? USCIS Answer: Yes, applicants can coordinate so that they can process an I-407 and a visitor visa on the same day. 32. In the I-407 context, the USCIS Mexico City District Office states that Each applicant is carefully interviewed to ensure that the applicant knows the ramifications of the relinquishment of U.S. permanent residence. 11 The CDJ Field Office indicated that it asks I-407 applicants a series of questions to ensure they fully understand relinquishment of Legal Permanent Resident (LPR) status. 12 Please clarify what is involved during this interview process and what series of questions are used. USCIS Answer: New field guidance was distributed with the new I-407. The same process should be employed consistently across all offices. 10 AILA Agenda USCIS International Operations Responses, Dec. 2014, Q21, AILA_11Dec2014_RESPONSES_2.pdf; AILA Doc. No , 11 AILA USCIS Mexico City District Q&As (4/27/12), Q15, AILA Doc. No AILA USCIS CDJ Q&As (8/21/12), Q17, AILA Doc. No

9 33. On average, how many I-407s does Lima receive per year? USCIS Answer: This question should be referred to the USCIS International Operations Directorate; however, the Field Office did advise that third-country nationals could file as I-407 applicants in Lima. Immigrant Visas 34. For cases that are filed and approved directly with USCIS Lima, does the Embassy prefer to interview both the petitioner and the beneficiary? DOS Answer: There is no requirement that a petitioner be present during the immigrant visa interview of the beneficiary. In accordance with our access policy, only applicants and those assisting minors, elderly, or incapacitated applicants are permitted to attend interviews. 35. What is the process for filing an I-130 petition with USCIS Lima? What is the current processing time? USCIS Answer: Locally filed I-130s are currently taking less than one month. I-130s can be processed in a matter of days if there is an emergency. 36. Is there any required amount of time that a U.S. citizen petitioner must be living in Peru before they are permitted to file an I-130 petition locally? USCIS Answer: Guidance is being updated by the USCIS International Operations Directorate. 37. As a result of the limitation on direct filing of immigrant visas at posts where no USCIS office is co-located, USCIS permits the State Department to request an exception for filing directly with post. a. How many exception requests did USCIS Lima receive and approve from posts in its jurisdiction in 2014? USCIS Answer: This question should be referred to the USCIS International Operations Directorate. b. What is the most common reason for the direct filing exception request? USCIS Answer: Many requests are the result a short-term business transfer. c. What is the most common reason for denying the filing exception request? USCIS Answer: Failure to establish exceptional circumstances. 9

10 38. Regarding an immigrant visa application that is pending with the Consular Section and requires an I-601 waiver, how long can the applicant expect the processing of the visa to take once the I-601 is granted and the Consular Section is notified of the grant? DOS Answer: We strive for the quickest turnaround time possible for those applicants granted I-601 waivers. However, at times, required case documents, such as the medical exam or police certificates, may expire before the I-601 is approved by USCIS. In those cases, we seek to contact applicants as soon as possible upon waiver processing to advise if updated documents are needed. In-Person Interview Waiver Program 39. Per the U.S. Embassy website, only B-1/B-2 renewal applicants are eligible for the Interview Waiver Program. Are there plans to expand the Interview Waiver Program to other visa classes, and if so, what is the time frame? Adoption DOS Answer: Embassy Lima is exploring expanding the Interview Waiver Program within the parameters detailed in 9 FAM N3.3. At this time, we do not have additional information to share. 40. What are the current processing times for adoption applications filed by U.S. citizens residing abroad? USCIS Answer: Adoption petitions in Peru are rare. The goal is to process in 45 days. 41. What are the biggest challenges that USCIS and State encounter in facilitating international adoption applications and is there anything AILA members can do to help make the process more efficient? DOS Answer: Hague adoptions generally proceed without delays in accordance with the procedures laid out by the two Central Authorities. Adoptive parents sometimes experience delays in securing birth certificates for their children. USCIS Answer: There are very few challenges in processing adoption petitions. The most common issue is incomplete documents and non-compliant home-studies. Note too that Peru does not consider inter-family adoptions to be Hague adoptions. U and T Nonimmigrants 42. Does the Embassy have personnel dedicated as part of a U and T unit? DOS Answer: U and T visas are administered by the Immigrant Visa unit, which tracks approvals from the Kentucky Consular Center (KCC). Once an approval is confirmed, the consular section notifies the applicant s legal representative. 10

11 43. Are there special procedures for scheduling appointments or submitting documents for U and T visa applicants or their derivatives? DOS Answer: If the applicant is going to do their processing in Peru, the consular section will contact the applicant and/or their legal representative with instructions. 44. How many U and T visa applications were adjudicated in Lima during 2014? DOS Answer: Please consult official statistics released by the Visa Office at USCIS Transportation Letters 45. In general, how quickly after submission of all necessary documents are Transportation Letters ready for use by the applicant? USCIS Answer: Transportation letters are generally issued in one week, but can be issued same day if all checks have cleared. 46. Is issuance possible if the applicant is outside of the U.S. for more than one year? (For instance, there may have been an unexpected issue, such as a medical condition, arise requiring the individual to remain in Peru longer than originally planned). USCIS Answer: If the LPR has been outside of the United States for more than one year and does not have a valid reentry permit, he or she must apply for a returning resident visa with the Department of State. 11