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US IMMIGRATION UPDATES
LEGAL NOTES / DEC 25 2006 |
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Personal Interview Now Required for New Visa Applicants |
By Reuben S. Seguritan
The Department of State has recently released the final rule that
will guide US consular offices on when personal appearance for
interview will be required in nonimmigrant visa (NIV) applications.
NIVs allow entry of an alien for a temporary period and for a
specific purpose. The most common NIVs are the visitors’ visa for
business or pleasure (B1/ B2), student (F, M or J) and working visas
(H or L).
The final rule reflects the recent amendments introduced by the
Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA)
mandating clearer guidelines for requiring personal interview to NIV
applicants.
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Prior to the 2004 law, the Immigration and Nationality Act (INA)
basically left the issue of waiving NIV personal interviews to be
determined by State Department regulations.
Generally, the amendments are already reflected in current State
Department regulations. The most noteworthy amendment, however, is
the limitation imposed on the consular officer’s discretion to
require NIV applicants to appear for a personal interview.
Under the new rule, consular officers must now conduct personal
interviews of all NIV applicants between 14 and 79 years old, the
same age range covered by the biometrics collection requirement.
Under the old rule, interviews were required for persons between 16
and 60 only.
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Personal interview may no longer be waived for the following: (1)
those applicants who are not citizens or residents of the country
where they are applying; (2) those who have been previously denied a
visa application; (3) those where their NIV ineligibility was not
overcome; and (4) those from countries designated by the State
Department as state sponsors of terrorism.
Among the limited exceptions to the in-person interview rules
involve cases where the visa was temporarily denied but the denial
was subsequently overcome; or where the inadmissibility was waived;
or where NIV applicant is eligible for an interview waiver.
As for the NIV applications of foreign diplomats and officials, the
personal interview requirement is considered “as advisory,”
according to the AILA report, so as not to impose on the
“President’s constitutional authority to conduct foreign relations.”
The final rules, therefore, do not require the personal interview
under the A-1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, NATO-1, NATO-2,
NATO-3, NATO-4, NATO-5 and NATO-6 categories, among other diplomatic
or official visas.
The wider coverage of the in-person interview requirement is
expected to congest busy consulates like the US Embassy in Manila.
It would be advisable for NIV applicants to schedule an appointment
early to minimize or avert visa processing delay.
Editor’s Note: REUBEN S. SEGURITAN has been practicing law for
over 30 years. He was former immigration editor and is author of a
book on immigrant experiences. He frequently speaks on immigrant
issues and for his advocacy efforts he was the recipient of two
presidential awards by President Ramos and an award by the
Commission on Filipinos Overseas. He previously taught business law
and international politics. For further information, you may call
him at 212 695 5281 or log on to his website at www.seguritan.com
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