Preface...xi About the Editors... xiii Subject-Matter Index...737 AGENCY PROCEDURE The State of Consular Processing: More Than 10 Years After September 11, 2001...1 by Tien-Li Loke Walsh and Bernard P. Wolfsdorf The National Visa Center and the Kentucky Consular Center...51 updated by Dan Berger, Massiell Tercero-Parker, and Kelsey Camire Advisory Opinions from the Visa Office...65 by Elizabeth Poh PIMS Much Ado and to Do for Nothing...73 by Leslie A. Holman and updated by Eric S. Bord Updates to 9 FAM: 2011 Annual Survey...79 by Liam Schwartz CONSULAR PRACTICE The Fundamentals of Lawyering at Consular Posts...91 by Jan M. Pederson and Michelle T. Kobler DOs and DON Ts for Attorneys Representing Visa Applicants (and for Consular Officers, Too!)...145 updated by Liam Schwartz, Avi Friedman, and Anastasia Tonello Consular Processing Preparing Your Clients for Their Nonimmigrant Visa Interview...157 by Kehrela M. Hodkinson and Sharon L. Noble The Lawyer s Role in Consular Visa Refusals...167 by Andrew T. Chan Top 25 Reasons for an INA 214(b) Denial...193 by Kenneth White v
vi Consular Processing for Immigrant Visa Applicants...211 by Lisa E. Battan, Donald Mooers, and Nita Nicole Upadhye Winning the DV Lottery: From Hassle to Happiness (Hopefully)...225 by Naveen Rahman Bhora, Terry Weir, and Dick A. Zonneveld An Informal Guide to Family-Based Consular Processing...237 by Ellen Freeman, Paul L. Samartin, and Heather N. Segal INADMISSIBILITY Waivers Around the World: Practice Tips for Inadmissibility Determinations at U.S. Consulates and Waiver Adjudication at USCIS International Offices...247 by Andrew J. Stevenson, Kehrela Hodkinson, and Maria Lianides Celebi Nonimmigrant Waivers Under INA 212(d)(3)...257 by Leigh Ganchan, Allen E. Kaye, and Elaine H. Witty BUSINESS B-1 Business Visitors...263 updated by Andrew T. Chan, Christi Hufford Jackson, and Nita Nicole Upadhye Treaty Trader/Investor Intra-company Visa Dilemma: Navigating the Consular and Service Center Roadblocks...279 by Robert M. Foley, Joanne Orizal, Monika Szabo, and Barbara Wong CITIZENSHIP Acquisition of Citizenship: Practical Problems and Solutions...291 by Kathrin S. Mautino Expedited Naturalization with No Physical Presence Requirement for Spouse of U.S. Citizen Employed Abroad...309 by Nadeen Aljijakli Renouncing U.S. Citizenship Through Expatriation...315 by William Thomas Worster SPECIFIC COUNTRIES Immigrant Visas and I-601 Waivers in Ciudad Juarez: Practical Tips and Suggestions...331 by Rebecca Kitson
vii Third-Country National Consular Processing of Nonimmigrant Visa Applications in Canada and Mexico...347 by Avi Friedman, Jeff Goldman, and L. Edward Rios Obtaining Nonimmigrant U.S. Visas in China: How to Make a Good First Impression...363 by Jared Leung Issues Related to Visa Processing for Iranians...383 by Maria Lianides Celebi Consular Processing in Brazil...391 by Joel Stewart Consular Processing in India...399 by Stephen R. Pattison and Andrew T. Simkin CONSULAR APPOINTMENT AND ADDRESS INFORMATION DOS Abbreviations and Symbols...413 Accepted Forms of Addresses and Telephone Numbers...416 Diplomatic Pouch Addresses and Four-Digit Postal Codes...417 NVC Appointment Post List...421 Standard Appointment Post List...424 DEPARTMENT OF STATE UPDATES DOS VO Inquiry Procedures...429 LegalNet Inquiry Form...432 USCIS Issues Q&A on Provisional Unlawful Presence Waivers...434 DRAFT Form I-601A and Instructions...440 Introduction of the Electronic System for Travel Authorization (ESTA) Fee for Visa Waiver Travelers...457 Secretary Napolitano Announces Elimination of Paper Arrival/Departure Form to Streamline Secure Visa Waiver Program Travel...459
viii Visa Waiver Program...461 Visa Applicants with Drunk Driving Hits (6/07)...464 U Nonimmigrant Visas for Victims of Criminal Activity (2/10)...465 DOS Annual Report of Immigrant Visa Applicants...467 DOS Practice Pointer: Consular Processing Following the End of the HIV Ban...479 DHS Issues Privacy Impact Assessment on USCIS Background Vetting Service...487 Extension of Post-Completion Optional Practical Training and F-1 Status for Eligible Students Under the H-1B Cap-Gap Regulations...505 Exchange Visitor Visa Update (5/10)...509 Student and Exchange Visitor Update (4/10)...512 Student and Exchange Visitor Update (2/09)...516 Student (F and M Visa) and Exchange Visitor (J Visa) Annual Update (3/08)...520 Exchange Visitor (J Visa) Update (3/07)...524 Parole of Removed Aliens...527 ICE FAQs on Facilitating the Return of Certain Removed Aliens...529 RECENT FEDERAL REGULATIONS Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives, 77 Fed. Reg. 19902 (4/2/12)...537 Consulates, 77 Fed. Reg. 18907 (3/29/12)...559 Clarification of Countries and Geographic Areas Eligible for Participation in the Guam-Commonwealth of the Northern Mariana Islands Visa Waiver Program, 76 Fed. Reg. 16231 (3/23/11)...567 Consulates, 77 Fed. Reg. 5177 (2/2/12)...570
ix Establishing Visa and Foreign Visitor Processing Goals and the Task Force on Travel and Competitiveness, 77 Fed. Reg. 3373 (1/24/12)...572 Provisional Waivers of Inadmissibility for Certain Immediate Relatives of U.S. Citizens, 77 Fed. Reg. 1040 (1/9/12).....575 Consulates, 76 Fed. Reg. 76032 (12/6/11)....579 Bureau of Consular Affairs; Registration for the Diversity Immigrant (DV-2013) Visa Program, 76 Fed. Reg. 62134 (10/6/11)...583 Removing Designated Countries From the National Security Entry-Exit Registration System (NSEERS), 76 Fed. Reg. 23830 (4/28/11)...591 DOS on Visa Revocation Authority, 76 Fed. Reg. 23477 (4/27/11)...593 Exchange Visitor Program Summer Work Travel, 76 Fed. Reg. 23177 (4/26/11)...596 Designation of Greece for the Visa Waiver Program, 75 Fed. Reg. 15991 (3/31/10)...605 Naturalization for Certain Persons in the U.S. Armed Forces, 75 Fed. Reg. 2785 (1/19/10)...607 FOREIGN AFFAIRS MANUAL UPDATES 9 FAM 40.6 Exhibit I Grounds of Inadmissibility Available Waivers...613 9 FAM 40.68 Exhibit I Summary Chart INA 222(g) Scenarios...636 9 FAM Appendix N, Exhibit I Areas of Responsibility of DHS Officers Abroad...638 APPENDICES Time Zones by City (EST)...645 Contact Information and Key Officers for U.S. Embassies and Consulates Abroad...647 Contact Information for Foreign Embassies and Consulates in the United States...701