9 FAM 102.2
Visa-Related Roles
(CT:VISA-731; 02-05-2019)
(Office of Origin: CA/VO/L/R)
9 fam 102.2-1 role of consular
officers
(CT:VISA-157; 08-10-2016)
When reviewing a visa application and interviewing a visa
applicant you must: consider the applicant's qualifications for the visa under
the law based on the specific visa type; decide each case on its own merit;
consider, if applicable to the visa type, the presumption of immigrant intent;
review the case for fraud considerations, if applicable; and, ensure the
applicant has no ineligibilities or, if there are ineligibilities, whether the
applicant must have a waiver. The consular officer is responsible for
conducting as complete a clearance as is necessary to establish the eligibility
of an applicant to receive a visa.
9 FAM 102.2-2 role of department
of state
(CT:VISA-157; 08-10-2016)
The Department of State oversees the visa process abroad
through its consular officers who determine visa eligibility, and works closely
with interagency partners, especially the Department of Homeland Security (DHS),
in this process. The Department of State is often the first U.S. Government
agency to have contact with foreign nationals wishing to visit the United
States.
9 FAM 102.2-3 role of department
of homeland security
(CT:VISA-731; 02-05-2019)
DHS enforces and administers U.S. immigration laws. Within
DHS, U.S. Citizenship and Immigration Services (USCIS) provides
immigration-related services and benefits such as petition approval,
naturalization and work authorization. U.S. Immigration and Customs
Enforcement (ICE) is responsible for enforcing immigration and customs laws.
U.S. Customs and Border Protection (CBP) is primarily responsible for
enforcement of immigration and customs
laws along the borders and at port-of-entry. For
more information on working with DHS, see 9 FAM 602.2-2.
9 FAM 102.2-4 role of other key
parties
(CT:VISA-456; 10-03-2017)
You may also encounter multiple Federal agencies when
dealing with visas including the Federal Bureau of Investigation (FBI), the
Drug Enforcement Administration (DEA), the Department of Labor (DOL), as well
as other agencies that share data and coordinate lookout and screening
activities in relation to visa adjudication. For more information on working
with other U.S. Government agencies, see 9 FAM 602.2-3.