SUBJECT-MATTER INDEX THE CONSULAR PRACTICE HANDBOOK, ED.

Transcription

1 SUBJECT-MATTER INDEX THE CONSULAR PRACTICE HANDBOOK, ED. A Abbreviations and symbols DOS, Addresses accepted forms of, 416 diplomatic pouch addresses and four-digit postal codes, foreign embassies, U.S. embassies and consulates abroad, , 371, ADIS (Arrival/Departure Information System) defined, 43 Adjustment of status B-1 business visitors, consular processing vs., immigrant intent, 80 provisional unlawful presence waivers and, Administrative review consular decisions, Adoption citizenship, Advisory opinions from Visa Office (AOD) generally, communication guidelines, contact information, 68 DOS/DHS Memorandum of Understanding, fraud or misrepresentation, INA 222(g) extraordinary circumstances, 72 issuance of, 69 70, 183 legal effect of, 70 mandatory advisory opinions, 70 72, 183 invalidated labor certifications, 71 returned visa petitions, 71 procedures for requesting, processing time, visa refusals, Affidavit of Support family-based consular processing, National Visa Center (NVC), 61 poverty income guidelines, 87 Age-out cases DV lottery, 235 National Visa Center (NVC), AILA Liaison Committee consular decisions, ways to question, 187 Airline business program Sao Paulo, Brazil, 394 Alcohol abuse drunk driving incidents consular processing of, 464 TCN processing in Mexico and Canada, waiver, 138 American Chamber of Commerce Brazil AMCHAM Program, 394 American Jobs Creation Act of 2004 (AJCA) expatriate taxation, Annotations on visas preparation of consular visa applications, AOD. See Advisory opinions from Visa Office APIS (Advanced Passenger Information System) defined, 43 Application received stamp elimination of, 37, Appointments immigrant visas, post list NVC, standard, Arrival Departure Information System (ADIS) overview, 89 Athletes sports program (Rio de Janeiro), 395 Attorneys See also Right to counsel accountability, communication with, FAM on, 171 consular officers, working with, at consular posts. See Lawyering at consular posts correspondence with, notice of representation, representation of visa applicants,

2 Auckland Notice generally, application and interview, application preparation, E visa applications in London, visa denial, TCN processing in Mexico and Canada, visa interviews, See also Interviews Auckland Notice to U.S. immigrant visa holders, Automatic visa revalidation nonimmigrant visas, B B-1 visas generally, admission, extension, and change of status, authority, ESTA, regulatory authority, agency guidelines, and policy considerations, statutory authority, 263 VWP, China, applicant in, corporate management of, eligibility, 268 ESTA, H-1B or H-3 compared, INA 214(b) denials, under NAFTA, other business activities classifiable as, requirements, entry for temporary period, 267 permitted business activities, unabandoned foreign residence, 267 for workers in U.S., 269 visa application, VWP, B-2 visas Brazil visitor B-2 visa renewal program (Sao Paulo), 394 household members not eligible for derivative status, 82 INA 214(b) denials, Background Vetting Service (BVS) privacy impact of, Biometrics collection generally, Electronic System for Travel Authorization (ESTA), fingerprints IAFIS (Interagency Fingerprint Identification System), IDENT (Automated Biometric Fingerprint Identification System), 46 NSEERS (National Security Entry Exit Registration System), 48 security clearance procedures, 3 IDENT, 20 immigrant visa process in Ciudad Juarez (CDJ), 333 provisional unlawful presence waivers, 435 USCIS Background Vetting Service (BVS), privacy impact of, US-VISIT program, 22 26, 49 visa application process, Visa Waiver Program (VWP) country applicants, Border crossing cards Mexico, 82 Border Security Act of 2002 biometric technologies, 19 increased security measures of, 2 Brazil airline business program (Sao Paulo), 394 AMCHAM Program, 394 business program (Rio de Janeiro), 395 business program plus (Rio de Janeiro), 395 business program plus (Sao Paulo), consular processing in, entertainment program (Sao Paulo), 395 fast track renewal program, 393 Form I-130, 396 immigration to U.S., media program (Rio de Janeiro), 396 migration from U.S. to Brazil, minors program, 393 sports program (Rio de Janeiro), 395 student plus program (Sao Paulo), 394 U.S. consulates in, visitor B-2 visa renewal program (Sao Paulo), The Consular Practice Handbook ( Ed.)

3 SUBJECT-MATTER INDEX Citizenship Business visitors. See B-1 visas BVS (Background Vetting Service) privacy impact of, C Call center Ciudad Juarez, 338 Canada out-of-district applications in, third country national (TCN) processing, DOS amendments to the automatic revalidation provision of 22 CFR (d), nonimmigrant visas, processing for List of 26 and T-4 nationals, 28 special considerations for, TN visas. See TN (Trade NAFTA) visas CCD (Consular Consolidated Database) generally, 20 defined, CCMS (Consular Case Management System) defined, 45 CDJ. See Ciudad Juarez Central Intelligence Agency (CIA) review of visa application process, 4 5 Change of status B-1 business visitors, Child Citizenship Act of 2000 child immigrating and residing with U.S. citizen parent, child residing overseas acquiring citizenship through grandparent s residence, acquiring citizenship through parents, Children See also Spouses and dependents age-out DV lottery, 235 National Visa Center (NVC), Background Vetting Service (BVS), privacy impact of, Brazil minors program, 393 child custody issues, 245 citizenship adoption, born in wedlock, born out of wedlock, Child Citizenship Act of 2000, mother, early law regarding transmission through, 298 parents, naturalization of, retention requirement, 296 offenses against, privacy impact of Background Vetting Service (BVS), CHIMERA defined, 44 China B-1/B-2 visa applicants, contacting U.S. consulates, 371 EB-2 visas, 97 H-1B/L-1 visa applicants, 369 nonimmigrant visas, changes in law, common mistakes on DS-160, 364 complicated legal issues and fact patterns, 368 contacting U.S. consulates in China, 371 form changes, 364 guidance to specific visa applicants, PIMS clearance and administrative processing, supporting documents, upload of visa photo, 364 visa interview, Citizenship See also Naturalization acquisition of, adoption, automatic loss of, basic law, born out of wedlock, Child Citizenship Act of 2000, children born in wedlock, expatriation, consequences of, renouncing U.S. citizenship, false claim to, 138 loss and restoration of, marriage and, mother, early law regarding transmission through, 298 parents, naturalization of, Philippines, birth in, Published by the American Immigration Lawyers Association 739

4 Ciudad Juarez (CDJ) retention of, 90, 296 waivers of inadmissibility, ineligible for citizenship, 628 Ciudad Juarez (CDJ) congressional assistance with, contacting the consulate and troubleshooting, and fax communications, 338 family-based consular processing, Form I-601 waiver process, , extreme hardship standard, 341 grounds of admissibility due to unlawful presence, lockbox filing, provisional I-601A waivers, immigrant visa process in, generally, administrative processing, 339 biometrics, 333 contacting the consulate and troubleshooting, DHL registration, 333 interviews, medical exam, traveling to, 332 U.S. Visa Service registration at website, 333 LegalNet inquiry, 338 online inquiry system, teletech call center, 338 CLASS (Consular Lookout and Support System) defined, name check database, 5 Congressional assistance Ciudad Juarez, immigrant visas, Congressional inquiries visa refusals, 180 Consular absolutism visa refusals, Consular Electronic Application Center generally, elimination of application received stamp, 37 Form DS-160, PIMS, remote data collection, video conferencing technology, remote adjudications, Consular Lookout and Support System. See CLASS Consular officers accountability, communication with, 164 Consular petition returns NVC and KCC, to USCIS, Consular processing generally, adjustment of status vs., biometric technologies, Electronic System for Travel Authorization (ESTA), US-VISIT, 22 26, 49 Visa Waiver Program (VWP) country applicants, in Brazil, developments in, enforcement of export control regulations, Homeland Security Act of 2002 and Memorandum of Understanding, 37 40, paperless visa processing system, Diversity Visa (DV) Program, 214 eligibility, 212 filing considerations, glossary of terms, government databases, 3, 7 8. See also specific databases in India, marriage to U.S. citizen where husband and wife reside overseas, paperless visa processing system, See also Consular Electronic Application Center petition-based immigrant visas, video conferences, visa application process, 4 19 applicant s home country, citizens and nationals of state sponsors of terrorism, 18 DOS improvements to SAO process, homeless applicants, 31 paperless visa processing system, See also Consular Electronic Application Center 740 The Consular Practice Handbook ( Ed.)

5 SUBJECT-MATTER INDEX DV lottery. See Diversity Immigrant Visa Program TCN processing at border posts in Mexico and Canada, 28 31, where to apply, Consular review generally, administrative review, doctrine of non-reviewability of decisions, judicial review, visa refusals, Consulates See also Consular officers; Consular processing addresses and telephone numbers, accepted forms of, 416 appointment post lists NVC, standard, diplomatic pouch addresses and four-digit postal codes, foreign, contact information for, interviews, 164 time zones by city, list of, U.S., contact information and key officers, , 371, Counsel, right to. See Right to counsel Country conditions extreme hardship, Court challenges visa refusals, Cover letters lawyer preparation of consular visa applications, 170 Crime victims U visas for, Criminal convictions nonimmigrant visas interviews, preparation for, organized crime, waiver of inadmissibility, 122, Customs and Border Protection (CBP) data sharing with other agencies, 3 inspectors notes, 88 D Databases, government. See Government databases Death of visa petitioner immigrant visas, 85 Denials INA 214(b) denials, L-1B visas, 289 nonimmigrant visas, 163 resubmission of applications, 176 of visa, Derivative status B-2 visas, household members not eligible for derivative status, 82 DHS. See Homeland Security Department Diplomatic pouch addresses generally, Direct filing family-based consular processing, Diversity Visa Immigrant Program (DV lottery) generally, consular processing, 214 death of principal DV applicant, 84 education or work experience, eligibility requirements, filing considerations, 214 foreign state chargeability, 227 high school education, 84 history of, 226 initial step for lottery winners, Kentucky Consular Center (KCC), obstacles to obtaining permanent residence, adjustment problems, age-out children, 235 inaccuracies in initial DV registration, 230 inadmissibility issues, no surviving relative provision, 235 timing issues, registration for, waivers, 84 Documentation. See Supporting documents Domestic employees of U.S. citizens residing abroad, 83 DOS. See State Department Drunk driving incidents consular processing of, 464 TCN processing in Mexico and Canada, DV lottery. See Diversity Immigrant Visa Program Published by the American Immigration Lawyers Association 741

6 E-1 treaty traders E E-1 treaty traders in London, registration marginality, 283 new office E visas, 282 substantiality, 281 visa classification, E-2 treaty investors Iranian applicants, in London, registration marginality, 283 new office E visas, 282 substantiality, visa classification, Electronic filing consular. See Consular Electronic Application Center NVC, paperless processing. See Paperless visa processing Electronic System for Travel Authorization (ESTA) B-1 business visitors, biometric technologies, fee for visa waiver travelers, Visa Waiver Program (VWP) and, Embassies addresses and telephone numbers, accepted forms of, 416 appointment post lists NVC, standard, contact information foreign embassies, U.S. embassies, , 371, diplomatic pouch addresses and four-digit postal codes, time zones by city, list of, Emergency passports generally, , 463 VWP, 463 Employment dual processing employment-based petitions, EB-2 and EB-3 visas, 97 employment-based preferences, statistics for, 468 immigrant waiting list for employmentbased preferences (by country), labor certifications, advisory opinions from Visa Office, 71 spouse of U.S. employed abroad, naturalization requirements, waivers of inadmissibility, 623 Enhanced Border Security and Visa Entry Reform Act of See Border Security Act of 2002 Entertainers Brazil (Sao Paulo), 395 Entry into U.S. immigrant visas, , 220 ESTA. See Electronic System for Travel Authorization Ethical considerations TCN processing in Mexico and Canada, 361 Exchange visitors See also J-1 visas DOS updates, summer work travel, Expatriation generally, consequences of, AJCA, exclusion from U.S., HEART, HIPAA, tax issues, exclusion from U.S., renouncing U.S. citizenship, Expedited naturalization with no physical presence requirement for spouse of U.S. citizen employed abroad, Experts visa refusals, in review of, Export control regulations enforcement of, Extensions B-1 business visitors, post-completion optional practical training and F-1 status for eligible students under H-1B cap-gap regulations, The Consular Practice Handbook ( Ed.)

7 SUBJECT-MATTER INDEX Form DS-230 Extraordinary circumstances advisory opinions from Visa Office, 72 Extreme hardship local country conditions, provisional unlawful presence waivers, 435 F-1 visas China, applicants in, DOS annual update, H-1B cap-gap regulations, extension of, INA 214(b) denials, Facial recognition implementation of, 3 techniques, 35 Falcon security checks T-4 countries, 18 FAM. See Foreign Affairs Manual Family-based consular processing See also specific visas generally, Affidavit of Support, See also Affidavit of support appointments and processing times, Background Vetting Service (BVS), privacy impact of, dealing with problems, denials child custody issues, 245 return of original documents, 245 documents required, NVC vs. direct filing, return of original documents, 245 NVC process, processing families together, 244 Family-sponsored preferences immigrant waiting list (by country), , statistics for, 468 Federal Bureau of Investigation (FBI) review of visa application process, 4 5 Fees consular services, DOS and overseas embassies and consulates, , , F Electronic System for Travel Authorization (ESTA) fee for visa waiver travelers, immigrant visas, 215 MRV processing fee, National Visa Center (NVC), 53, 215 TCN processing in Mexico and Canada, 351 Fiancé visas dual processing of I-130 relative petitions, Fingerprints. See Biometrics collection Foreign Affairs Manual (FAM) Arrival Departure Information System (ADIS), 89 attorney communications, 171 citizenship, 90 immigrant visas, approval for I-130 petitioners, 83 diversity visas, interviews, 84 medical examinations, 84 photographs, 80 poverty income guidelines, 87 nonimmigrant visas, B-2 visas, household members not eligible for derivative status, 82 H visa applicants, H-1B visas, extensions for, 82 H-2A and H-2B visas, eligibility for, 82 Mexico border crossing cards, 83 personal or domestic employees of U.S. citizens residing abroad, 83 visa refusal notes, services performed by consular officers for DHS, 89 Transportation Worker Identification Credential (TWIC), 90 Foreign embassies and consulates in U.S. interviews, 164 Form DS-160 biometric signature requirement, Consular Electronic Application Center, nonimmigrant visas electronic application, Online Nonimmigrant Visa Application, 3 Form DS-230 Immigrant Visa Electronic Application, Published by the American Immigration Lawyers Association 743

8 Form DS-3032 Form DS-3032 Agent of Choice, 52 Form I-129 PIMS and, 74 Form I-130 approval for I-130 petitioners, 83 dual processing of I-130 relative petitions, provisional unlawful presence waivers and, 436 Form I-140 petitions consular petition returns to USCIS, submission, 57 Form I-212 Application for Permission to Reapply, 87 provisional unlawful presence waivers and, 436 Form I-539 Application to Extend/Change Nonimmigrant Status, 275 Form I-601 provisional I-601A waivers, , 435 draft Form I-601A, waiver process in Ciudad Juarez (CDJ) generally, , extreme hardship standard, 341 grounds of admissibility due to unlawful presence, lockbox filing, new policy at end of 2012, 120 Form I-797 Consular Electronic Application Center, 34 Form I-864. See Affidavit of support Four-digit postal codes diplomatic pouch addresses, Fraud and misrepresentation advisory opinions from Visa Office, DOS tracking of visa fraud, false claim to citizenship, 138 timely retraction of misrepresentation, waivers of inadmissibility, G Global Support System (GSS) visa application process, Global Visa System (GVS) visa application process, Government databases See also specific databases hit on, 4, 7 8 Greece VWP designation for, Guam-CNMI visa waiver program countries and geographic areas eligible for, The Consular Practice Handbook ( Ed.) H H visas licensure requirement for, H-1B visas B-1 business visitors in lieu of, cap-gap regulations, China, applicants in, 369 extensions, 82 H-2A and H-2B visas eligibility for, 82 H-3 visas B-1 business visitors in lieu of, Health Insurance Portability and Accountability Act of 1996 (HIPAA) expatriate taxation, Health-related grounds waivers of inadmissibility, Heroes Earning Assistance and Relief Tax Act of 2008 (HEART) expatriate taxation, Hits defined, 4 NCIC, 7 8 HIV ban consular processing following end of, DOS guidance to consular officers on processing IV applications submitted by HIV-positive applicants, Home country processing immigrant visas, 98 where to apply, Homeland Security Act of 2002 Memorandum of Understanding (2003), 37 40, Homeland Security Department (DHS) data sharing with other agencies, 3

9 SUBJECT-MATTER INDEX Immigrant visas Homeland Security Act of 2002 and Memorandum of Understanding, 37 40, responsibility areas of DHS officers abroad, services performed by consular officers for, 89 Homeless applicants visa application process, 31 Hranka, Matter of nonimmigrant waivers under INA 212(d)(3), 261 I IAFIS defined, Interagency Fingerprint Identification System, 21, 23 IBIS defined, 46 Interagency Border Inspection System, 5, 22, 24 IDENT Automated Biometric Fingerprint Identification System, 20 21, 23 defined, 46 Immigrant intent adjustment of status, 80 nonimmigrant visas, residence abroad, 80 Immigrant visas Affidavit of Support. See Affidavit of support application process, generally, application and interview, appointment packet and visa interview, case process, consular petition returns to USCIS, criminal convictions, 122 entry into U.S., issuance of visa, 114 medical examination, NVC, 104 preparation of, refusal, revocation and termination of registration, 35, , supporting documents, waiver of admissibility, in Ciudad Juarez, generally, administrative processing at, 339 biometrics, 333 contacting the consulate and troubleshooting, DHL registration, 333 interviews, medical exam, traveling to, 332 U.S. Visa Service registration at website, 333 consular processing vs., 93 94, death of visa petitioner, 85 DOS annual report of immigrant visa applicants, eligibility, 94 98, 212 numerical and priority dates, visa categories, entry into U.S., , 220 FAM update, filing considerations all other petition-based IVs, DV lottery, 214 marriage to U.S. citizen, husband and wife abroad, National Visa Center, interviews, date and interview instructions, questions at, 218 supporting documents, Iranian applicants, administrative processing, entry and exit issues to/from consular post, 388 family issues, 386 official personal documents, other visa issues, 386 sample complicated case, supporting documents, 387 transliteration issues, issuance, 114 jurisdiction, dual processing employment-based petitions, Published by the American Immigration Lawyers Association 745

10 Immigration and Customs Enforcement (ICE) dual processing of I-130 relative petitions, home country processing, 98 inter-post case transfers, 100 third-country processing, lawyering at consular posts, National Visa Center (NVC) instructions for application form and documents, interview date and interview instructions, receipting by, 214 numerical control and priority dates, photographs, 80 poverty income guidelines, 87 waiting list by country, waiver of inadmissibility required, Immigration and Customs Enforcement (ICE) data sharing with other agencies, 3 INA 214(b) denials generally, explanation for denials, general factors, individual circumstances and profiling, 197 specific denial rationales, legal background, practice advice, dealing with denial, first-time applicant, INA 222(g) restrictions advisory opinions from Visa Office, 72 summary chart, Inadmissibility criminal convictions. See Criminal convictions determinations, challenge or rebutting inadmissibility determination, 251 consular post, getting to know, foreign law affecting inadmissibility, researching, initial considerations, DV lottery, nonimmigrant visas interviews, preparation for, three- and ten-year bars, waivers, , See also Waivers India administrative processing, communicating with consular officials, consular processing in, EB-2 visas, 97 trends in refusals, visa refusals, Intelligence Reform and Terrorism Prevention Act of 2004 increased security measures of, 2 International Civil Aviation Organization (ICAO) biometric identifiers, 24 Inter-post case transfers jurisdiction, 100 Interpreters Farsi interpreters, 384 Interviews immigrant visas, 84, in Ciudad Juarez, date and interview instructions, questions at, 218 supporting documents, lawyer participation in visa interviews, , right to lawyer, proposed, 188 Nonimmigrant Visa Interview Waiver Pilot Program, 27, nonimmigrant visas, , application documents, communication with consular officers and embassy personnel, 164 consular interview, preparation for, criminal history, denials, 163 electronic application, expedited visa process, 165 Form DS-160, inadmissibility, initial consultation, preparation for, scheduling, 165 third-country visa processing, nonimmigrant visas in China, PIMS, The Consular Practice Handbook ( Ed.)

11 SUBJECT-MATTER INDEX Lawyering at consular posts right to lawyer representation at, , 188 Visas Mantis security advisory opinions, 17 Iran generally, immigrant visas, administrative processing, entry and exit issues to/from consular post, 388 family issues, 386 official personal documents, other visa issues, 386 sample complicated case, supporting documents, 387 transliteration issues, nonimmigrant visas, administrative processing, entry and exit issues to/from consular post, 388 Farsi interpreters, 384 scheduling appointments, supporting documents, 387 transliteration issues, visa processing posts, 61 J-1 visas See also Exchange visitors; Students DOS updates, Journalists Brazil media program (Rio de Janeiro), 396 Judicial review consular decisions, visa refusals, Jurisdiction immigrant visas, dual processing employment-based petitions, dual processing of I-130 relative petitions, home country processing, 98 inter-post case transfers, 100 third-country processing, nonimmigrant visas, out-of-district applications in Canada and Mexico, J out-of-district applications other than border posts, 134 Published by the American Immigration Lawyers Association 747 K K-1 visas dual processing of I-130 relative petitions, processing at NVC, 58 KCC. See Kentucky Consular Center Kentucky Consular Center (KCC) defined, 47 diversity visa program, petitions returned by post, PIMS. See Petition Information Management Service processing procedures, L L-1 visas blanket petitions, China, applicants in, 369 executive/managers, 285 avoiding RFE, 285 L-1A visas, RFEs, L-1B visas, 286 beneficiary s knowledge of company processes and procedures, 289 beneficiary s knowledge of company products, 288 beneficiary s knowledge of company s position in international markets, 289 denial, 289 RFEs and denials, avoiding, overcoming hurdles for new business, specialized knowledge/essential skills comparison with E visas, Labor certifications advisory opinions from Visa Office, 71 Lawyering at consular posts consular officer accountability, consular review, consular visa applications, preparation, fundamentals of,

12 LegalNet general guidelines, immigrant visas, admissibility, application process, categories, consular processing vs. adjustment of status, eligibility, issuance, 114 jurisdiction, numerical control and priority dates, refusal, nonimmigrant visas, generally, 124 automatic visa revalidation, immigrant intent, presumption of, jurisdiction and applications by mail, shopping for justice, restrictions on, third-country national processing, VWP travelers and ESTA program, representation of visa applicants, generally, application and interview, application preparation, E visa applications in London, visa denial, right to counsel, 93 sources of authority, instructions/interpretive materials, regulatory references, 92 statutory references, visa refusals, LegalNet Ciudad Juarez, 338 inquiry form, Visa Office (VO) inquiry procedures, Legislative proposals visa refusals, Licensure requirement for H nonimmigrants, List of 26 countries generally, 2 defined, 47 third-country national (TCN) processing, 28 Lockbox filing Form I-601 waiver process, London E visa applications, family-based consular processing Affidavit of Support, appointments and processing times, 242 direct filing, expedited filing, The Consular Practice Handbook ( Ed.) M M visas annual update, DOS annual update, Machine-readable visas (MRVs) photos, 80 processing fee, Marriage citizenship, to U.S. citizen, husband and wife abroad, Media reporters Brazil media program (Rio de Janeiro), 396 Medical examinations HIV ban consular processing following end of, DOS on final rule, immigrant visas, 84, in Ciudad Juarez, Mexico border crossing cards, 82 out-of-district applications in, third country national (TCN) processing, DOS amendments to the automatic revalidation provision of 22 CFR (d), nonimmigrant visas, processing for List of 26 and T-4 nationals, 28 special considerations for, TN visas. See TN (Trade NAFTA) visas

13 SUBJECT-MATTER INDEX Nonimmigrant visas Military service naturalization process streamlined, Minors. See Children Misrepresentation. See Fraud and misrepresentation Montreal family-based consular processing Affidavit of Support, 244 appointments and processing times, 242 N NAFTA. See North American Free Trade Agreement NAILS (National Automated Immigration Lookout System) generally, 5 defined, 47 National Crime Information Center (NCIC) checks and hits, 7 8 defined, 47 records, 5 National Security Agency review of visa application process, 4 5 National Visa Center (NVC) Affidavit of Support, 61 age-out cases, appointment packet and visa interview, appointment post list, background, 51 contacting NVC, defined, 47 direct submission of Form I-140 to post, 57 DOS annual report of immigrant visa applicants, family-based consular processing, immigrant visas, application process, 104 electronic processing, instructions for application form and documents, interview date and interview instructions, receipting by, 214 Iranian cases, 61 K-1 and K-3 petitions, 58 packet control, 59 petitions returned by post, Problem Resolution Unit, processing and procedures, case number assignment, document processing, fee bills, 53 security advisor opinions (SAOs), 58 visa number assignment, 57 Naturalization See also Citizenship expedited, military service, streamlined procedure, of parents, spouse of U.S. employed abroad choice of time and place for interview, no physical presence requirement, practical considerations, procedures, requirements, statutory authority, NCC (National Counterterrorism Center) defined, 47 NCIC. See National Crime Information Center NIIS (Nonimmigrant Information System) generally, 5 defined, 47 Nonimmigrant visas See also specific visa types and countries generally, 124 application procedures, application and interview, preparation of, presumption of immigrant intent, automatic visa revalidation, 29 31, in China, changes in law, common mistakes on DS-160, 364 complicated legal issues and fact patterns, 368 contacting U.S. consulates in China, 371 form changes, 364 guidance to specific visa applicants, language barrier, Published by the American Immigration Lawyers Association 749

14 North American Free Trade Agreement (NAFTA) PIMS clearance and administrative processing, supporting documents, upload of visa photo, 364 visa interview, denials, 163 documentation, electronic application, ESTA program, Executive Order (2012) on processing visitor visas, expedited visa process, 165 FAM update, homeless applicants, 31 H visas, licensure requirement for, interviews, application documents, communication with consular officers and embassy personnel, 164 consular interview, preparation for, criminal history, denials, 163 electronic application, expedited visa process, 165 Form DS-160, inadmissibility, initial consultation, lawyer participation in, Nonimmigrant Visa Interview Waiver Pilot Program, 27, preparation for, , scheduling, 165 third-country visa processing, Iranian applicants, administrative processing, entry and exit issues to/from consular post, 388 Farsi interpreters, 384 scheduling appointments, supporting documents, 387 transliteration issues, jurisdiction applications by mail and, out-of-district applications in Canada and Mexico, out-of-district applications other than border posts, 134 lawyering at consular posts, NIIS (Nonimmigrant Information System), 47 number issued by issuing office, (table) out-of-district applicants, students. See specific types of visas TCN processing in Mexico and Canada, attorney s role, client preparation, 359 drunk driving incidents, entry requirements, NCIC criminal hits, 356 out-of-status cases and INA 222(g), 353 pitfalls and ethical considerations, 361 post preferences, 358 risks of, routine delays, security advisory opinions (SAOs), , visa application fees, 351 who can apply in Mexico, U visas for victims of crime, Visa Waiver Program. See Visa Waiver Program (VWP) waivers under INA 212(d)(3), multiple-year validity period, 87 North American Free Trade Agreement (NAFTA) B-1 business visitors and, Notice of representation attorneys, NSEERS (National Security Entry Exit Registration System) defined, 48 removing designated countries from, Numerical control and priority dates immigrant visas, NVC. See National Visa Center 750 The Consular Practice Handbook ( Ed.) O Online inquiry system Ciudad Juarez, Optional practical training extension of training and F-1 status for eligible students under H-1B capgap regulations,

15 SUBJECT-MATTER INDEX Refusals Organized crime inadmissibility, Out-of-district applicants nonimmigrant visas, 134 P Paperless visa processing Consular Electronic Application Center. See Consular Electronic Application Center nonimmigrant visas, Parole of removed aliens, Passports emergency passports, , 463 overseas processing, application, 306 emergency passports, , 463 problem areas, 307 VWP travelers, PAW program new initiative replacing, 27 Permanent residence DV lottery. See Diversity Visa Immigrant Program Person Centric Query Service (PCQS) verification by, 81 Petition Information Management Service (PIMS) approvals of visas, China, NIV applicants in, Consular Electronic Application Center, defined, 74 entry of case into, implementation of, 3 interviews, preparation for, 77 overview, Philippines birth in, citizenship, Photographs China, upload of nonimmigrant visa photo, 364 immigrant visas, 80 Pilot programs Nonimmigrant Visa Interview Waiver Pilot Program, NVC online program for forms, 55 PIMS. See Petition Information Management Service Poverty income guidelines affidavit of support, 87 Press Brazil media program (Rio de Janeiro), 396 Priority dates immigrant visas, Privacy issues USCIS Background Vetting Service (BVS), Problem Resolution Unit National Visa Center (NVC), Public charge waivers of inadmissibility, Published by the American Immigration Lawyers Association 751 R Reconsideration of applications visa denials and refusals, 176 Records visa refusals, Refusals advisory opinions, issuance of, 183 mandatory, 183 congressional letters, 180 consular absolutism, court challenges, declining to adjudicate, 174 elimination of application received stamp, experts, use of, general guidelines, immigrant visas, INA 221(g) refusals, lawyer involvement in post review, in visa interviews, legislative proposals, administrative and judicial review, right to lawyer representation at visa interviews, 188 nonimmigrant visas, 85 86, 163 other ways to question consular decisions, AILA Liaison Committee, 187 Visa Services, Public Inquiries, 187

16 Remote data collection preparation of consular visa applications, correspondence with lawyers, 170 FAM citations, 171 FAM requirements, lawyer cover letters, notice of representation, procedures at consular posts, quasi-refusals, reconsideration or resubmission of applications, 176 record disclosures, re-interview, 179 representation of visa applicants, review at consular post, generally, administrative and judicial review, legislative proposals, congressional letters, 180 declining to adjudicate, 174 elimination of application received stamp, , phone, and letter, 179 experts, use of, INA 221(g) refusals, lawyer involvement in post review, limited review by principal consular officers, procedures at consular posts, quasi-refusals, reconsideration or resubmission of applications, 176 record disclosures, reviewing officer s options, Remote data collection consular processing, Removal parole of removed aliens, provisional unlawful presence waivers and, 437, , return of certain removed aliens, waivers of inadmissibility, aliens previously removed and unlawfully present, Requests for Evidence (RFEs) L-1A visas, L-1B visas, Residence abroad immigrant intent, 80 Resubmission of applications visa denials and refusals, 176 Returned petitions advisory opinions from Visa Office, 71 consular petitions to USCIS, NVC and KCC, Revalidation DOS amendments to automatic revalidation provision of 22 CFR (d), DOS amendments to the automatic revalidation provision of 22 CFR (d), Revocation challenging with USCIS, immigrant visas, , RFEs. See Requests for Evidence Right to counsel interviews, , 188 lawyering at consular posts, The Consular Practice Handbook ( Ed.) S SAOs. See Security advisory opinions Security advisory opinions (SAOs) defined, 48 DOS improvements to SAO process, National Visa Center (NVC), 58 other SAOs, 18 special considerations for, TCN processing in Mexico and Canada, , visa application process, 4 19 Visas Condor, 6 7, 50, Visas Donkey, 8, 50, 355 Visas Mantis, 8 17, 50, Security checks See also Terrorism government databases, 5, 7 8. See also specific databases list of 26. See List of 26 countries SAOs. See Security advisory opinions visa application process, 4 6 Security grounds nonimmigrant waivers under INA 212(d)(3), , SEVIS (Student and Exchange Visitor Information System) defined, 48

17 SUBJECT-MATTER INDEX Tax issues Social Security numbers for U.S. permanent residents, Spouses and dependents See also Children; Family-based consular processing; Students expedited naturalization of spouse of U.S. citizen, family-based consular processing. See Family-based consular processing marriage. See Marriage Standard appointment post list generally, State Department (DOS) abbreviations and symbols, annual report of immigrant visa applicants, automatic revalidation provision of 22 CFR (d), amendments to, 29 31, Homeland Security Act of 2002 and Memorandum of Understanding, 37 40, immigrant visas, annual report of applicants, LegalNet inquiry form, SAO process, Secure Borders, Open Doors policy, 3 updates, annual report of immigrant visa applicants, drunk driving hits, 464 exchange visitors, , extension of post-completion optional practical training and F-1 status for eligible students under H-1B cap-gap regulations, HIV ban, consular processing following end of, HIV final rule, student (F and M visa) and exchange visitors (J visa) annual update, students and exchange visitors, , U nonimmigrant visas for victims of crime, USCIS Background Vetting Service (BVS), privacy impact of, Visa Office (VO) inquiry procedures, VWP, Statistics for visa application process, Students See also F-1 visas; J-1 visas Brazil student plus program (Sao Paulo), 394 China, applicants in, DOS updates, INA 214(b) denials, Substance abuse waiver, 138 Summer work travel exchange visitor program, Supporting documents in China, family-based consular processing, immigrant visas, , , 387 Iranian applicants, 387 nonimmigrant visas, , provisional unlawful presence waivers, 436 Visas Mantis interviews, 17 waivers of inadmissibility, Symbols and abbreviations DOS, T-4 countries generally, 2, 12 defined, 48 delays in visa issuance, 129 Falcon security checks, 18 third country national (TCN) processing, 28 visa restrictions for, 18 TAL (Technology Alert List) Critical Fields List (CFL), defined, 48 delays in visa issuance, 129 increased security measures of, 2 visa application process, 8 14 Task Force on Travel and Competitiveness Executive Order (2012), Tax issues AJCA, expatriates, HEART, Published by the American Immigration Lawyers Association 753 T

18 Technology Alert List. See TAL HIPAA, U.S. persons, taxation of, Technology Alert List. See TAL TECS II (Treasury Enforcement and Communications System) generally, 5 defined, 48 Telephone numbers and addresses accepted forms of, 416 Ten-year bars immigrant visas, Termination of registration immigrant visas, Terrorism TIPOFF, 49 TSC (Terrorist Screening Center), 49 TTIC (Terrorist Threat Integration Center), 49 visa restrictions for citizens and nationals of state sponsors of terrorism, 18 Third-country national (TCN) processing DOS amendments to automatic revalidation provision of 22 CFR (d), 29 31, jurisdiction, Mexico and Canada, nonimmigrant visas, special considerations for, nonimmigrant visas, processing for List of 26 and T-4 nationals, 28 Three-year bars immigrant visas, Time zones by city (EST) list, TIPOFF generally, 5 defined, 49 TN (Trade NAFTA) visas admissions, Translators/interpreters Farsi interpreters, 384 Transportation Worker Identification Credential (TWIC) unescorted access to port areas, 90 Traveler Redress Inquiry Program (DHS- TRIP) VWP applicants seeking redress, 26 TSC (Terrorist Screening Center) defined, 49 TTIC (Terrorist Threat Integration Center) defined, The Consular Practice Handbook ( Ed.) U U visas for victims of crime, U.S. Citizenship and Immigration Services (USCIS) Background Vetting Service (BVS), privacy impact of, Unlawful presence provisional waivers, , , waivers of inadmissibility, U.S. Citizenship and Immigration Services (USCIS) data sharing with other agencies, 3 U.S. embassies and consulates abroad addresses and telephone numbers, accepted forms of, 416 appointment post lists NVC, standard, contact information and key officers, , 371, diplomatic pouch addresses and four-digit postal codes, interviews, 164 time zones by city, list of, USA PATRIOT Act of 2001 increased security measures of, 2 US-VISIT (United States Visitor and Immigrant Status Indicator Technology) program biometric technologies, defined, 49 V Victims of crime U visas for, Video conferences consular processing, Visa application process See also specific visas generally, 4 19 citizens and nationals of state sponsors of terrorism, 18

19 SUBJECT-MATTER INDEX Waivers homeless applicants, 31 lawyer preparation of consular visa applications, See also Lawyering at consular posts measures affecting, 4 19 paperless visa processing system, See also Consular Electronic Application Center elimination of application received stamp, 37 Form DS-160, PIMS, remote data collection, video conferencing technology, and remote adjudications, PIMS. See Petition Information Management Service representation of visa applicants, See also Lawyering at consular posts revocation, 35 security checks and security advisory opinions (SAOs), 4 19 DOS improvements to SAO process, NCIC checks and hits in databases, 7 8 other SAOs, 18 TAL (Technology Alert List) and Visas Mantis security advisory opinions, 8 17, 50, Visas Condor security advisory opinions, 6 7, 50, Visas Donkey security advisory opinions, 8, 50, 355 statistics, where to apply, applicant s home country, revalidation through DOS, 26 TCN processing at border posts in Mexico and Canada, Visa Office (VO) Advisory Opinions Division. See Advisory opinions from Visa Office (AOD) inquiry procedures, Visa refusals. See Refusals Visas Bear security advisory opinions generally, 18 defined, 49 Visas Condor security advisory opinions generally, 6 7, defined, 50 delays in visa issuance, 129 Visas Donkey security advisory opinions generally, 8, 355 defined, 50 delays in visa issuance, 129 Visas Eagle security advisory opinions generally, 18 defined, 50 Visa Services, Public Inquiries consular decisions, ways to question, 187 Visas Horse security advisory opinions defined, 50 Visas Mantis security advisory opinions defined, 50 delays in visa issuance, 129 documents for interview, 17 extension of validity of clearances, overview, 8 14 process, TCN processing, Visas Merlin security advisory opinions generally, 18 defined, 50 Visas Pegasus security advisory opinions defined, 50 Visas Viper Program (VVP) defined, 50 Visa Waiver Program (VWP) B-1 business visitors, biometric technologies, DOS updates, eligibility, 125 ESTA program and, Greece, designation for, Guam-CNMI, paper arrival/ departure forms, elimination of, passports, 463 traveler guide, Visitor visas Executive Order (2012), Published by the American Immigration Lawyers Association 755 W Waiting list immigrant visas (by country), Waivers aliens previously removed and unlawfully present,

20 Waivers criminal and related grounds, 122, Diversity Visa Immigrant Program (DV lottery), 84 Electronic System for Travel Authorization (ESTA) fee for visa waiver travelers, FAM update, 87 Form I-601 waiver process in Ciudad Juarez, extreme hardship standard, 341 grounds of admissibility due to unlawful presence, provisional I-601A waivers, Guam-CNMI visa waiver program, health-related grounds, illegal entrants, immigration violators, and misrepresentation, immigrant visas, , evidence to support case, extreme hardship and local country conditions, lawyering at consular posts, management of client expectations, other supporting documentation, preparation for submission and adjudication abroad, requirement, ineligible for citizenship, 628 labor and qualifications for certain immigrants, 623 NIV waivers, multiple-year validity period, 87 Nonimmigrant Visa Interview Waiver Pilot Program, 27, nonimmigrant waivers under INA 212(d)(3), eligibility, 261 entry document requirement, grounds not covered, Hranka, Matter of, 261 preparing waiver packet, 262 security grounds, , substantive eligibility, visa notations on waiver approval, public charge, security grounds, , unlawful presence waivers, The Consular Practice Handbook ( Ed.)