TABLE OF CONTENTS CONSULAR PRACTICE HANDBOOK, 3RD ED.

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1 TABLE OF CONTENTS ABOUT THE EDITORS... v SUMMARY TABLE OF CONTENTS... vii PREFACE... xix THE STATE OF CONSULAR PROCESSING IN THE TWENTY-FIRST CENTURY: THE NEW ERA OF EXTREME VETTING... 1 INADMISSIBILITY BASED ON NATIONAL SECURITY GROUNDS AND TERRORISM- RELATED GROUNDS... 4 SECURITY CHECKS FOLLOWING 9/ Visa Restrictions for Citizens and Nationals of State Sponsors of Terrorism... 5 Security Advisory Opinions... 5 Visa Condor... 6 Visa Donkey... 6 NCIC Criminal Hit... 6 Visa Mantis... 6 Administrative Processing... 7 PRESIDENT TRUMP S FIRST AND SECOND TRAVEL BANS... 8 PRESIDENT TRUMP AMENDS PRESIDENT OBAMA S EXECUTIVE ORDER ON NONIMMIGRANT VISA PROCESSING DOS RESPONSE TO PRESIDENT TRUMP S FIRST AND SECOND TRAVEL BANS New Form DS Response to Supreme Court Per Curiam Order PRESIDENT TRUMP S THIRD TRAVEL BAN Summary of the Third Travel Ban Hawaii Federal District Court Strikes Down Most of President Trump s Third Travel Ban CONCLUSION THE FUNDAMENTALS OF LAWYERING AT CONSULAR POSTS SCOPE OF ARTICLE SOURCES OF AUTHORITY Statutory References Regulatory References Instructions/Interpretive Materials IMMIGRANT VISAS Consular Processing vs. Adjustment of Status Eligibility Immigrant Visa Categories Numerical Control and Priority Dates Admissibility Jurisdiction over Immigrant Visa Applications Home-Country Processing Third-Country Processing Inter-Post Case Transfers Processing I-130 Relative Petitions ix

2 x Special Situations Dual Processing of Employment-Based Petitions Immigrant Visa Application Process No I-824 or Stop at NVC Required in Following-to-Join Immigrant Visa Cases The DOS National Visa Center (NVC) The Case Process Supporting Documents Medical Examination Appointment Packet and Visa Interview Visa Interview Visa Issuance Consular Petition Returns to USCIS Visa Refusal Administrative Processing Waivers of Inadmissibility Three and 10-Year Unlawful Presence Bars Criminal Convictions Provisional Waivers for Unlawful Presence (I-601A) Waiver Processing Visa Revocation and Termination of Registration for an Immigrant Visa Termination of IV Registration Entry into the United States NONIMMIGRANT VISAS General Procedures and Considerations Visa Waiver Program (VWP) Travelers and the Electronic System for Travel Authorization (ESTA) Program New Restrictions on the Use of the Visa Waiver Program Automatic Extension of Visa Validity Representation at Consular Posts NIV Application Procedure Practice Tips for a Successful Visa Application Overcoming Barriers to Success in NIV Processing Presumption of Immigrant Intent Security Clearances Personal Interview Waivers for Initial Visas Personal Interview Waivers (PIW) for Visa Renewals Recently Contracted by the Trump Administration Practice Pointers for Obtaining Acceptance of Jurisdiction over an Out-of-District NIV Application Other Than at Border Posts Out-of-District NIV Applications in Canada and Mexico; 22 CFR (d) INA 222(g): Restrictions on Shopping for Justice in NIV Cases Doctrine of Nonreviewability of Decisions Administrative Review Judicial Review New Strategies to Achieve Access to Counsel for Visa Applicants CONCLUSION THE NATIONAL VISA CENTER AND THE KENTUCKY CONSULAR CENTER BACKGROUND THE NVC Case Number Assignment... 84

3 DETAILED TABLE OF CONTENTS xi Fee Bills Document Processing Visa Number Assignment Direct Submission of the Form I-140 to the Post Nonimmigrant Visa Petitions Processed at NVC (K-1 and K-3) Security Advisory Opinion Problem Resolution Unit Packet Control Contacting the NVC Countries with Limited or No Visa Services Iranian Cases Affidavit of Support Age-Out Cases TIPS FOR ATTORNEYS WORKING WITH NVC THE KCC Diversity Visa Program PETITIONS RETURNED BY POSTS CONCLUSION APPENDIX: TIPS FOR ATTORNEYS WORKING WITH THE NVC CHALLENGING VISA REFUSALS THROUGH LEGALNET THE ADVISORY OPINIONS DIVISION AND LEGALNET SCOPE OF ISSUES HANDLED BY LEGALNET SUBMITTING A LEGALNET INQUIRY COMMUNICATION REQUIREMENTS PROCESSING TIME EXPEDITE REQUESTS ISSUANCE OF ADVISORY OPINIONS LEGAL EFFECT CONCLUSION UNPACKING THE DS-160 AND DS-260 FORMS TIPS FOR CONSULAR PROCESSING PRACTICES INTRODUCTION How Do the DS-160 and DS-260 Differ? PRACTICE TIPS THE ART OF THE ONE-PAGE COVER LETTER INTRODUCTION DO YOU NEED A COVER LETTER? THE TONE OF THE COVER LETTER COMPONENTS OF THE COVER LETTER KNOW YOUR CONSULATE ADVICE FROM AROUND THE WORLD CONCLUSION UPDATES TO 9 FAM: 2017 ANNUAL SURVEY NONIMMIGRANT VISAS The 30/60-Day Rule Evolves into the 90-Day Rule F-1 Visas and Student Matters Students and Their Intent Parents of Minor Students (F-1)

4 xii Sanctions and Iranian Students B-2 Visas: Usage, Eligibility, and Validity B-2 Visas for a Short Course of Study Endangered B-1 Visa Usage Clarified and Defined B-2 Visa Eligibilities Clarified EMPLOYMENT-BASED VISAS Employment on Validity of H-1B Visas E-2 Visas BAHA Percent Rule Who Can Petition for O-1 Visas? Dissecting the Confusion Surrounding L-1 Visas L-1 Visa Validity Periods and Other Clarifications L-1 Procedural Clarifications EXTREME VETTING AND VISA APPLICANTS GROUNDS FOR INADMISSAIBLITY (INA 212(A)(2)) Inadmissibility of Spouse, Sons, or Daughters Who Have Benefited from the Primary Alien s Human Trafficking Activities PROCESSING INA 212(D)(3)(A) WAIVERS DO S AND DON TS FOR ATTORNEYS REPRESENTING VISA APPLICANTS ATTORNEY ACCOUNTABILITY General Preparing the Application Application and Interview In the Event of a Visa Denial Miscellaneous Tips Special Considerations for E Visa Processing at the U.S. Embassy in London CONSULAR OFFICER ACCOUNTABILITY CONCLUSION CONSULAR PROCESSING PREPARING YOUR CLIENTS FOR THEIR NONIMMIGRANT VISA INTERVIEW THE INITIAL CONSULTATION Welcome It s a Pleasure to Meet You Have You Ever Been Arrested? INADMISSIBILITY You Did WHAT? Say It Isn t So! PACKAGING APPLICATION DOCUMENTS BIGGER IS NOT ALWAYS BETTER PREPARING THE CLIENT FOR THE CONSULAR INTERVIEW Good Morning Lovely Day Your Outfit Is Quite Becoming DENIAL Don t Let the Door Hit You on the Way Out MISCELLANEOUS (IN CASE I FORGET TO REMIND YOU LATER) Consular Posts and Embassies Around the World Communication with Consular Officers and Embassy Personnel Form DS-160, Nonimmigrant Visa Electronic Application Scheduling Expedited Visa Processing Third-Country Visa Processing CONCLUSION

5 DETAILED TABLE OF CONTENTS xiii CONSULAR PROCESSING FOR IMMIGRANT VISA APPLICANTS WHAT IS IMMIGRANT VISA PROCESSING? IS THE CLIENT ELIGIBLE FOR AN IMMIGRANT VISA? FILING CONSIDERATIONS How to Get an Approved Petition to a Consulate IVs Based on Marriage to a U.S. Citizen, Where the Husband and Wife Reside Overseas All Other Petition-Based IVs Immigrant Visas Arising from the Diversity Visa Lottery Program NATIONAL VISA CENTER Receipting by NVC Issuance of Fee Bill Instructions for Application Form and Documents Setting the Interview Date and Interview Instructions WHAT SHOULD THE CLIENT BRING TO THE INTERVIEW? WHAT KINDS OF QUESTIONS WILL BE ASKED? WHAT IF A WAIVER OF INADMISSIBILITY IS REQUIRED? ENTERING THE UNITED STATES AFTER APPROVAL OF THE IMMIGRANT VISA APPENDIX: U.S. EMBASSY IN LONDON NOTICE TO U.S. IMMIGRANT VISA HOLDERS AND IMMIGRANT DATA SUMMARY B-1 BUSINESS VISITORS AUTHORITY Statutory Authority Visa Waiver Program B-1 Visa Regulatory Authority, Agency Guidelines, and Policy Considerations THREE BASIC REQUIREMENTS OF THE B-1 CATEGORY Unabandoned Foreign Residence Entry for a Temporary Period Permitted Business Activities PROVING ELIGIBILITY FOR THE B-1 VISA B-1 STATUS FOR WORKERS IN THE UNITED STATES OTHER BUSINESS ACTIVITIES CLASSIFIABLE AS B B-1 IN LIEU OF H-1B OR H BUSINESS VISITORS UNDER NAFTA The Executive Orders and Extreme Vetting Form DS VISA APPLICATION PROCESS ADMISSION, EXTENSION, AND CHANGE OF STATUS CORPORATE MANAGEMENT OF B-1 VISITORS CONCLUSION TREATY TRADER/INVESTOR INTRA-COMPANY VISA DILEMMA: NAVIGATING THE CONSULAR AND SERVICE CENTER ROADBLOCKS E-1/E-2 VISA CLASSIFICATION E-1/E-2 Visa Registration Is It Substantial? E-1 Visa Context E-2 Visa Context New Office E Visas E-1/E-2 Visa Registration Is It Marginal? E-1/E-2 Third-Country Processing L-1 VISA CLASSIFICATION

6 xiv Overcoming Hurdles for the L-1 New Business L-1A Executive/Manager L-1A RFEs L-1B Specialized Knowledge L and E Specialized Knowledge/Essential Skills Comparison L-1B RFEs Beneficiary s Knowledge of Company Products Beneficiary s Knowledge of Company Processes and Procedures Beneficiary s Knowledge of Company s Position in International Markets What Options Do I Have if the L-1B Petition Is Denied? L-1 BLANKET PETITIONS Processing L Blanket Petitions at U.S. Consulates L-1 VISA STAMPS CONCLUSION TOP 25 REASONS FOR AN INA 214(B) DENIAL LEGAL BACKGROUND EXPLANATIONS FOR DENIALS General Factors Individual Circumstances and Profiling Specific Denial Rationales PRACTICE ADVICE First-time Applicant Dealing with a Denial CONCLUSION THE LAWYER S ROLE IN CONSULAR VISA REFUSALS CONSULAR ABSOLUTISM PREPARING CONSULAR VISA APPLICATIONS WITH REVIEW IN MIND The Importance and Value of Lawyer Involvement in Consular Visa Cases FAM Requirements: Recognize and and Correspond with Lawyers Notice of Representation Correspondence with Lawyers Concise Cover Letters and Complete Visa Applications FAM Research and Citations Thorough Client Preparation Lawyer Participation in the Visa Interview: Post Discretion REVIEW AT THE CONSULAR POST Visa Refusals INA 221(g) Refusals Declining to Adjudicate Quasi-Refusals Reconsideration or Resubmission of Applications Review Procedures at Consular Posts Limited Review by a Consular Supervisor or Principal Consular Officer Reviewing Officer s Options Lawyer Involvement in Post Review Talk with Experts , Fax, Phone, and Letter Re-Interview Congressional Letters

7 DETAILED TABLE OF CONTENTS xv Challenging Revocation of Petitions with USCIS Record Disclosure ADVISORY OPINIONS COURT CHALLENGES OTHER WAYS TO QUESTION CONSULAR DECISIONS Visa Services, Public Inquiries Division AILA Liaison Meetings Other Channels LEGISLATIVE PROPOSALS The Right to Lawyer Representation at Visa Interviews Administrative and Judicial Review of Visa Refusals CONCLUSION GENERAL GUIDELINES NONIMMIGRANT WAIVERS UNDER INA 212(D)(3) WHICH GROUNDS OF INADMISSIBILITY ARE INCLUDED? WHICH GROUNDS OF INADMISSIBILITY ARE NOT INCLUDED? Certain Security Grounds Substantive Eligibility Entry Document Requirement Application for a 212(d)(3) Waiver Matter of Hranka Eligibility for a Waiver Procedural Note Regarding Nonimmigrant Visas and Inadmissibility Under INA 212(a)(9)(A) and (C) Visa Notations on Waiver Approval Length of Validity of the 212(d)(3) Waiver and Effects on Extensions of Stays or Changes of Status Effect of Waiver Validity Period on Extension or Change of Status Preparing Your Waiver Packet CONCLUSION IMMIGRANT VISAS AND WAIVER PROCESSING AT CDJ: PRACTICAL TIPS AND SUGGESTIONS THE IMMIGRANT VISA PROCESS IN CDJ Introduction Traveling to Ciudad Juarez Preparing for the Interview An Overview Registration at the U.S. Visa Service Website DHL Registration Biometrics The Medical Exam The Immigrant Visa (IV) Interview Contacting the Consulate and Troubleshooting The Online Inquiry System The Teletech Call Center and Fax Communications LegalNet Inquiry Congressional Assistance A Word on Administrative Processing and INA 221(g) Denials WAIVER PROCESSING AT CDJ Grounds of Inadmissibility Due to Unlawful Presence

8 xvi The Extreme Hardship Standard The Provisional Waivers at CDJ: The I-601A Post-Interview Waiver Submission CONCLUSION APPENDIX: IMMIGRANT VISA INTERVIEW INSTRUCTIONS THIRD-COUNTRY NATIONAL CONSULAR PROCESSING OF NONIMMIGRANT VISA APPLICATIONS IN CANADA AND MEXICO HOW TO STRATEGICALLY PRESENT NIV APPLICATIONS FOR TCNs AT BORDER POSTS IN MEXICO AND CANADA Who May Apply in Mexico? Who May Apply in Canada? Visa Appointment Scheduling and Application Fees Entry Requirements to Canada and Mexico Routine Delays and Trip Planning Logistics Out-of-Status Cases and INA 222(g) What Are the Risks with TCN Border Processing? AN OVERVIEW OF SECURITY ADVISORY OPINIONS The Visas Donkey The Visas Mantis NCIC Criminal Hits - Criminal Database Checks Drunk-Driving Incidents SAO Expedites and Follow-Up Procedures ROLE OF THE ATTORNEY AND COMMUNICATING WITH THE POST Attorney Assistance at Post (to the Extent Allowed) Attorney Assistance at Port of Entry (to the Extent Allowed) COMMON ATTORNEY PITFALLS AND A FEW ETHICAL CONSIDERATIONS CONCLUSION POST INFORMATION AND TIPS: VANCOUVER, B.C., CANADA, U.S. CONSULATE GENERAL TIME DIFFERENCE JURISDICTION KEY PERSONNEL COMMUNICATIONS CATEGORY OF VISA APPLICANTS ATTORNEY REPRESENTATION UNLAWFUL PRESENCE BARS: DETERMINATIONS OF INADMISSIBILITY UNDER INA 212(A)(9)(B)(I)(I) AND (II) NONIMMIGRANT VISAS Processing Times and Procedures PIMS on the CCD Post Acceptance of USCIS Approval Notices or Attorney-Certified Copies Age Requirements for Obtaining U.S. Passports Fingerprints E Visas TN Visas for Mexicans Policy on H-1B Policy on B-1 in Lieu of H Policy on F-1 for TCN NIV Waivers

9 DETAILED TABLE OF CONTENTS xvii Additional Practice Tips IMMIGRANT VISAS AMBIANCE HOTELS, RESTAURANTS, AND TRAVEL TIPS AMERICAN AND CANADIAN HOLIDAYS OBTAINING NONIMMIGRANT U.S. VISAS IN CHINA: HOW TO MAKE A GOOD FIRST IMPRESSION CHANGES IN THE LAW CHANGES IN THE FORM Upload of Visa Photo The Most Common Mistake Made by Visa Applicants on DS Use of Supporting Documents THE MOST IMPORTANT ASPECT OF THE VISA INTERVIEW ORAL QUESTIONS AND ANSWERS Clash of East and West Cultures The Language Barrier Answer the Questions Complicated Legal Issues and Fact Patterns GUIDANCE FOR SPECIFIC VISA APPLICANTS B-1/B-2 Visa Applicant H-1B/L-1 Visa Applicants Extra Preparation for L-1 Visa Applicants F-1 Student Visa Applicants PIMS Clearance and Administrative Processing CONTACTING U.S. CONSULATES IN CHINA CONCLUSION APPENDICES Appendix 1: Table XIX Nonimmigrant Visas Issued by Issuing Office (FY ) Appendix 2: Nonimmigrant Visas Issued by Category and Country (FY 2016) Appendix 3: Nonimmigrant Visas B Adjusted Refusals by Nationality (FY 2016) CONSULAR PROCESSING IN INDIA ADMINISTRATIVE PROCESSING VISA REFUSALS Trends in Refusals: Have Consular Posts in India Been Moving the Goalposts? COMMUNICATING WITH CONSULAR OFFICIALS IN INDIA CONCLUSION ADDITIONAL CONSULAR PRACTICE RESOURCES OFFICIAL LIST OF WEBSITES OF U.S. EMBASSIES, CONSULATES, AND DIPLOMATIC MISSIONS DIRECTORY: CONTACT INFORMATION AND KEY OFFICERS AND OFFICES SELECTION OF RECENT PRACTICE ALERTS FRIDAY FAM: UPDATES ON THE FOREIGN AFFAIRS MANUAL (FAM)

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