9 FAM 203.6
(U) Processing V92/V93 Cases
(CT:VISA-934; 09-04-2019)
(Office of Origin: CA/VO/L/R)
9 FAM 203.6-1 (U) Overview of
V92/V93 Processing
(CT:VISA-430; 08-04-2017)
(U) The following sections provide
instructions on processing cases of asylee and refugee following-to-join spouse
and children (V92 and V93 cases, respectively). It is very important to review
9 FAM
203.5-2 to determine which of these processing steps apply to particular
posts and cases; V92 and V93 cases have some similarities in processing, but
also differ significantly. See, for example, the different paperwork required
in 9 FAM
203.6-5 below. These cases also differ in processing from visa cases, and
it is important that you follow the guidance in this section when handling V92
and V93 cases. See also 9 FAM 203.5-3
on confidentiality and V92/V93 cases.
9 FAM 203.6-2 (U) USCIS and NVC
Action on I-730 Petition for V92/V93 Cases
(CT:VISA-763; 04-16-2019)
a. (U) Filing
I-730 Petition with USCIS: The principal
refugee or asylee files a Form I-730, Refugee/Asylee Relative Petition, for
each qualifying relative with the USCIS Service Center having jurisdiction over
the petitioners place of residence.
(1) (U) Status
of Petitioner:
(a) (U) Refugee
or Asylee: Form I-730, the Refugee/Asylee Relative Petition, may be
filed by a refugee who was admitted to the United States as a principal
refugee, or by an asylee who was granted asylum as a principal asylee either by
USCIS or by the Department of Justices Executive Office for Immigration
Review.
(b) (U) LPR or
Naturalized Citizen May File I-130: The I-730 petition may also be
filed by a Lawful Permanent Resident (LPR) who received such status after having
been admitted as a principal refugee or after having been granted asylum as a
principal asylee. If the petitioner has naturalized, he or she may submit Form
I-130, Petition for Alien Relative, instead of a Form I-730. However, if the
petitioner filed a Form I-730 when he or she was a principal refugee or
principal asylee (or an LPR who acquired such status after being admitted to
the United States as a principal refugee or being granted asylum as a principal
asylee), and he or she has since become a naturalized U.S. citizen, USCIS may
continue to process the Form I-730 if it has not yet been adjudicated (see 8
CFR 207.7(d) and instructions to Form I-730, which are incorporated into the
regulations in 8 CFR 103.2(a)(1)). In such cases, the Form I-730 still must
have been filed within two years of the principals refugee admission or grant
of asylum, or within any time extension for filing granted by the USCIS Service
Center (see paragraph (2) below).
(2) (U) Timing
of I-730 Filing: The Form I-730 must be filed within two years of the
principals admission to the United States as a refugee or grant of asylum. A
USCIS Service Center can grant an extension of time to file for humanitarian
reasons.
b. (U) USCIS
Service Center I-730 Petition Adjudication and Approval:
(1) Unavailable
(2) (U) Validity
of I-730 Approval: An approved Form I-730 is valid indefinitely, as
long as the qualifying relationship between the petitioner and the beneficiary
continues to exist and the beneficiary is found otherwise eligible to travel to
the United States. The approved I-730 ceases to confer immigration benefits
after it has been used by the beneficiary for admission to the United States as
a derivative asylee or refugee (see 8 CFR 207.7(f)(3) and 8 CFR 208.21(d)).
c. (U) National Visa Center
Processing:
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d. (U) Consular Support: In countries where USCIS has no presence, consular
officers are responsible for interviewing the beneficiaries of Form I-730s to
verify the identity and the relationship to the petitioner, as well as
determining if any inadmissibilities or bars to derivative asylum or refugee
status exist.
9 FAM 203.6-3 (U) V92/V93
Pre-Interview Processing
(CT:VISA-934; 09-04-2019)
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(b) (U) Re-Scheduling
Request:
(i) (U) If a beneficiary
responds requesting further re-scheduling, post should work with them to
re-schedule the interview as soon as possible.
(ii) (U) If the petitioner or
beneficiary cannot commit to an interview time within six months, post should
inform the petitioner and/or beneficiary in writing that post will hold the
case for six months pending further contact from them about scheduling an
interview.
(iii) (U) If the petitioner or
beneficiary does not contact post to schedule the interview within six months,
the consular section should return the case to the USCIS Service Center or IASB
via the NVC as a Consular Return. All attempts to communicate with the beneficiary
and petitioner must be clearly documented in the Consular Return memo. A copy
of all interview notification requests to the beneficiary and petitioner and
related correspondence should be included with the memo (see 9 FAM 203.6-9(e)
for more information on consular returns).
(iv) (U) Post should then
inform the petitioner and beneficiary that the case has been transferred back
to the Service Center or IASB.
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c. (U) Preparation
for V92/V93 Interview:
(1) (U) V92/V93
Preparation:
(a) (U) Photos:
Each beneficiary must have eight color photos that meet the current passport
application standard; post may take the photos or ask the beneficiary to
provide them at the time of interview.
(b) (U) Evidence
of Identity and Relationship: V92/V93 beneficiaries must be prepared to
show evidence of identity and family relationship. Consular officers should
examine marriage, death, divorce, and/or birth certificates or certificates of
adoption, if available. If civil documents are not available, credible oral
testimony and secondary documentary evidence may be used. Although specific
documentary evidence is not required, burden of proof is on the V92/V93
beneficiary to verify the existence of qualifying relationship. Consular officers
should carefully review the beneficiarys qualifying family relationship to the
petitioner, including, in the case of a spouse, that the marriage was properly
and legally performed in the place of celebration and is legally recognized
(see 9
FAM 102.8-1(A) and (B), as well as 9 FAM
203.5-4(A)(d).) Also, please see 9 FAM 203.6-5(a)(2)
for further information on assessing the validity of marriages for immigration
purposes. If DNA is requested to verify the
relationship, it should not be recorded separately in ACRS since it is already
included in the amount USCIS reimburses CA for these cases.
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(2) (U) Medical
Examination: See 9 FAM 203.6-4
for additional information on scheduling medical exams.
9 FAM 203.6-4 (U) Medical Issues
and V92/V93 Beneficiaries
(CT:VISA-763; 04-16-2019)
a. Unavailable
b. (U) Medical
Examinations:
(1) (U) V92
Medical Exams:
(a) (U) Exam
Requirement: All V92 beneficiaries entering the United States must have
the same medical examination as immigrant visa applicants have under INA 221(d)
and INA 234. The medical examination for V92 beneficiaries must be conducted
by a panel physician.
(b) (U) Exam Results: The
result of the medical exam must be reported on Form DS-2054, Report of Medical
Examination by Panel Physician. Include three copies in the V92 travel packet,
along with the beneficiarys X-rays. (See 9 FAM
302.2-2(B) for more general information on medical exams and panel
physicians findings.)
(c) (U) Exam
Timing: The medical exam may take place before the consular interview
if the V92 beneficiary is known to have what may be a significant medical
condition that may merit a discretionary denial or if the processing is being
expedited.
(d) (U) Paying
for Exam: Unlike V93 beneficiaries, V92 beneficiaries must pay for
their own medical exams.
(e) (U) Validity
of V92 Medical Clearance: See 9 FAM
302.2-3(C), Validity Period of an
Applicants Medical Examination.
(2) (U) V93 Medical Exams:
(a) (U) Arranging for V93 Medical
Examination: All V93 beneficiaries entering the United States must have
the same medical examination as immigrant visa applicants have under INA
221(d).
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(b) (U) Validity
of Medical Clearance:
(i) (U) See 9 FAM
302.2-3(C), Validity Period of an Applicants Medical
Examination.
(ii) (U) Occasionally, V93
medical exams expire. In such situations, the exam should be repeated.
(c) (U) Who
Pays for the V93 Medical Examination?
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c. (U) Class
A and Class B Conditions: V92/V93 beneficiaries identified by a panel
physician as having a Class A condition (e.g., infectious tuberculosis or
Hansen's disease) must receive treatment to reduce their medical conditions
from Class A to Class B status before they can be processed for travel to the
United States. See 9 FAM 203.6-7
for additional instructions on processing cases involving Class A medical
conditions.
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e. (U) V92/V93 Medical Treatment:
(1) (U) V92
Medical Treatment: Unlike V93 beneficiaries, V92 beneficiaries must pay
for their own medical treatment.
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9 FAM 203.6-5 Unavailable
(CT:VISA-878; 06-27-2019)
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(2) (U) Procedural Guidance Relating
To Validity of Marriages:
(a) (U) Qualifying Marriage: To
qualify as a V92/V93 beneficiary spouse, the individual must meet the
definition of spouse as defined in INA 101(a)(35). You should follow the
guidance at 9
FAM 102.8-1 for determining whether the marriage is valid for immigration
purposes, including the underlying principal that the law of the place of
marriage celebration controls.
(b) (U) As a general rule
regarding the validity of marital relationships, the consular officers should
ensure that the marriage is legally recognized in the place of celebration (see
9 FAM
102.8-1 (A) and (B), as well as 9 FAM
203.5-4(A) paragraph (d)). Testimonial evidence alone may be
sufficient to establish the validity of a marriage, but where additional
corroborating evidence of a marriage should reasonably be available, you should
request this evidence. If a marriage occurred in a country of origin from
which a beneficiary has fled, it may be unreasonable to expect a refugee to
return to the country of origin to obtain documentation. In cases where
you conclude that requesting this evidence is not reasonable, the beneficiary
still has the burden of proving a legally valid marriage, and you must
thoroughly document your conclusions in the case notes.
(c) (U) If the marriage took
place in a country of asylum after flight from the country of origin, and you
determine that that marriage is invalid for immigration purposes because it is
not legally recognized in the place of celebration, you should refuse the case
under INA 221(g) and email the CA/VO/F officer handling the V92/V93 portfolio
for further guidance.
(3) (U) Other
Procedural Requirements for the V92/V93 Interview:
(a) (U) Oath:
The interview should begin with the beneficiary(ies) taking an oath or
affirmation.
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(c) (U) Biometrics:
Posts should collect biometric fingerprints from V92/V93 beneficiaries at the
interview.
(d) (U) Forms
To Be Verified and Signed Before Concluding the V92/V93 Interview:
(i) (U) All follow-to-join
refugee beneficiaries (Visas 93) must complete their own I-590, separate from
the petitioner, before or at the time of interview. An I-590 completed by the
beneficiary may be included in the case file received from NVC. In the event the
beneficiary's I-590 is incomplete,
out-of-date, or not included, Post can request that the beneficiary complete a
new I-590 ahead of the interview. (See 9 FAM 203.6-6 paragraph d(4) for Form I-590 validation instructions.)
(ii) (U) The following documents
must be signed by the beneficiary prior to the conclusion of the interview.
The consular officer must also sign the forms where indicated:
|
Documents requiring signature
|
V92
|
V93
|
|
Form I-730, Refugee/Asylee Relative Petition, Part
8. The interviewing officer must also sign in Part 8.
|
X
|
X
|
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Form G-325-C, Biographic Information, required for
each beneficiary 14 years old or older. For V93 cases, the G-325-C is no
longer required if the Form I-590 version 12/15/17 (or later) is used.
|
X
|
X
|
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Original completed Form I-590, Registration for
Classification as Refugee, also signed by the interviewing officer.
|
|
X
|
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Completed Form I-765, Application for Employment
Authorization, regardless of age, with photos attached. If the beneficiary
is approved for travel, the I-765 will be included in his or her travel
packet so that the EAD is issued shortly after admission to the United
States. Officers must review the completed form to ensure the beneficiarys
biographic data on the form matches his or her passport and travel
authorization documents.
|
X
|
X
|
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Notice on Pre-Departure Marriage and Declaration,
required for all beneficiary children age 14 and older (see paragraph (g)
below).
|
X
|
X
|
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Original Form DS-1810, Notice of Duty to Register
with U.S. Selective Service System (if applicable), required for all males
who will be between 18 and 26 when they enter the U.S.
|
X
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X
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(2) (U) Editable Letter:
Request for Evidence 221g Letter.
f. (U) V93
Notice of Conditional Approval to Travel: For V93 cases only, complete
a copy of the V93 Notice of Conditional Approval to Travel Letter. Below is
the sample text for the Notice of Conditional Approval to Travel Letter:
[On USCIS or Department of State letterhead, as
appropriate]
NOTICE OF CONDITIONAL APPROVAL TO TRAVEL
{DATE}
Form: I-730,
Refugee/Asylee Relative Petition
Petitioner Name: {PET_FIRST_NAME}
{PET_LAST_NAME}
Beneficiary Relative: {BENE_FIRST_NAME}
{BENE_LAST_NAME}
Beneficiary A-Number: {BENE A-NUMBER}
Receipt Number: {RECEIPT NUMBER}
Case Number: {DOS CASE NUMBER}
Case Type: Follow-to-Join
Refugee
We are pleased to inform you that you have been
conditionally approved to travel to the United States as a follow-to-join
refugee. Final approval is dependent upon successful completion of any
remaining clearances that are required in the screening process. These
clearances may include a medical examination by an authorized physician,
receipt of a sponsorship assurance from a voluntary resettlement agency in the
United States, and other administrative processing.
Please bear in mind that if you qualified for
derivative status as an unmarried child of your petitioning relative in the
United States, you will no longer be eligible for that status if you marry
prior to traveling to the United States. If you marry and do not disclose your
marriage to this office before traveling to and entering the United States,
your refugee status may be terminated, and you could be removed from the United
States. In addition, if you file a Form I-730, Refugee/Asylee Relative
Petition, on behalf of a spouse under these circumstances, USCIS will not
approve the petition.
Every follow-to-join refugee must complete a medical
examination. Some health conditions are grounds for exclusion from admission
to the United States, but they may be waived on an exceptional basis by USCIS
for humanitarian purposes, in the public interest, or for family unity. The
medical exam is free of charge. The examining physician will explain to you
the medical tests that are required subject to your consent. Failure to comply
with or consent to the requirements for medical exams may jeopardize your
eligibility to join your relative in the United States. You will be contacted
by this office or one of the U.S. Refugee Admission Program participating
organizations to arrange for your medical exam.
Prior to travel, this office will issue a Travel
Packet. Please notify us if you have any changes in your family composition,
such as a new birth, death, marriage, and/or divorce. The International
Organization for Migration (IOM) must assist in arranging for your departure to
the United States and provide you with an interest-free travel loan for your
airfare.
[Interviewing Office inserts location-specific
instructions on next steps in the process (if applicable). Otherwise this
section should be deleted.]
Sincerely,
[insert name]
[USCIS Field Office Director or DOS Consular
Officer]
9 FAM 203.6-6 Unavailable
(CT:VISA-878; 06-27-2019)
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9 FAM 203.6-7 Unavailable
(CT:VISA-430; 08-04-2017)
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9 FAM 203.6-8 (U) V92/V93
Beneficiaries Approved to Travel
(CT:VISA-891; 07-15-2019)
a. (U) Approval
to Travel:
(1) (U) A V92/V93 beneficiary
is approved to travel, if the interviewing officer finds that:
(a) (U) The beneficiary has established
by a preponderance of the evidence his or her identity, and a qualified
relationship to the petitioner;
(b) (U) He or she is not subject
to any mandatory bars or relevant inadmissibility grounds (which means that the
beneficiary has cleared all medical and security checks); and
(c) (U) The beneficiary was not
previously granted asylum or refugee status by the United States,
(2) (U) See 9 FAM 203.6-9
below for beneficiaries who do not meet these standards, and are therefore not
approved for travel. In this situation, preponderance of the evidence means
that the evidence in the case demonstrates that it is more likely than not that
the alien has met his or her burden to show eligibility for the benefit. This
standard is not as high as the requirement for clear and convincing evidence
or proof required in certain other immigration contexts.
(3) (U) The IVO, if available,
or NIV system should be updated to note approval to travel. V92 and V93
beneficiaries who have been approved to travel should have boarding foils and
travel packets prepared on their behalf see paragraph b below for details,
particularly noting the instructions in paragraph b(1)(b) on who should receive
the documents. For V93 beneficiaries, post must also complete all
post-interview actions described in 9 FAM
203.6-10 below.
b. (U) V92/V93
Travel Documentation:
(1) (U) Overview:
(a) (U) A V92 or V93 boarding
foil (see paragraph (2)), placed in a passport or other travel document (see
paragraph (4)), and a travel packet (see paragraph (3) must be prepared for
each beneficiary found eligible to travel to the United States. Airlines
flying to the United States are required to examine travel documents before
boarding passengers to avoid fines imposed by the U.S. Government. Travel
packets and boarding foils should be provided to beneficiaries per instructions
in paragraph (b) below.
(b) (U) Delivery
of V92 Travel Packets, Boarding Foils:
(i) (U) Travel packets and
travel documents with boarding foils should be given directly to the
beneficiaries (following local procedures, either the beneficiary picks them
up, or they are couriered to the beneficiary). Inform the V92 beneficiary
about the importance of not opening or losing the travel packet and that any
tampering with the packet or loss or theft will result in a considerable delay
in the individuals future travel to the United States.
(ii) (U) The V92 traveler will
present the envelope addressed to the transportation company to the airline
attendant at check-in. The other sealed envelope(s) will be presented to the
Customs and Border Protection (CBP) and U.S. Department of Health and Human
Services Officers at the POE upon arrival to the United States.
(iii) (U) V92 beneficiaries
are responsible for scheduling and financing their own travel to the United
States.
(c) Unavailable
(2) (U) Boarding
Foils:
(a) (U) For purposes of
security, uniformity, and workload tracking, all V92 and V93 cases processed by
consular officers must be issued V92 or V93 boarding foils. These foils also
facilitate the boarding of beneficiaries by airlines flying to the United
States.
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(3) (U) Travel
Packet:
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(c) Unavailable Travel Packet
Envelopes: A travel packet consists of a large outer envelope and three
or four smaller envelopes, each of which is assembled, labeled, and sealed per
the instructions in the table below.
(i) Unavailable The
following small envelopes should be stapled together in their top left-hand
corners, in the order below, top to bottom, and placed inside the large outer
envelope:
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(f) (U) Lost
or Stolen V92/V93 Packet: If a V92/V93 travel packet is lost or
stolen:
(i) (U) Take a sworn
statement as to the circumstances of the loss or theft;
(ii) (U) If a travel packet is
stolen, the beneficiary should provide a police report;
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9 FAM 203.6-9 Unavailable
(CT:VISA-763; 04-16-2019)
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(d) (U) Sample Consular Return
Memo:
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(ii) (U) Editable
Version: Consular Return Memo.
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9 FAM 203.6-10 (U) V93
Post-Interview Actions
(CT:VISA-763; 04-16-2019)
a. (U) Overview:
(1) (U) All V93 beneficiaries
must travel to the United States under IOMs auspices; they may not make their
own separate travel arrangements. This section outlines the steps required to
complete those travel arrangements, once the V93 beneficiary had been approved
to travel:
(a) (U) Reporting V93 interview
results paragraph b
(b) (U) Obtaining V93
sponsorship assurance paragraph c
(c) (U) Making V93 travel arrangements
paragraph d
(d) (U) Paying for V93 travel
paragraph e
(e) (U) Reporting V93 itinerary
paragraph f
(2) (U) Note that V92
beneficiaries are responsible for scheduling and financing their own travel to
the United States; no further post action is required once they have received
their travel documentation.
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(1) (U) IOM Flights and Assistance
for V93 Beneficiaries:
(a) (U) In order to comply with
travel security regulations and ensure access to important Reception and
Placement benefits in the United States, all V93 beneficiaries must travel on
International Organization for Migration (IOM)-arranged flights to the United
States.
(b) (U) IOM also provides travel
assistance for V93 beneficiaries, including travel reservations, ticketing,
escorts, help in transit, and help at the port of entry upon arrival in the
United States. In addition, IOM manages the refugee travel loan program.
(c) (U) Refugees and V93
beneficiaries generally travel coach class, and must pay for their travel and
for any excess luggage and shipment of pets (see paragraph e below).
(d) (U) When requesting travel
please notify the RPC via email, and send a copy of the visa foil, if
applicable.
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e. (U) Paying
for V93 Travel:
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(4) (U) Promissory Note:
(a) (U) Text:
The following is a sample of the Promissory Note.
f. Unavailable
9 FAM 203.6-11 Unavailable
(CT:VISA-763; 04-16-2019)
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9 FAM 203.6-12 Unavailable
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