9 FAM 504.7
Interview by Consular Officer
(CT:VISA-536; 03-26-2018)
(Office of Origin: CA/VO/L/R)
9 FAM 504.7-1 Statutory and
Regulatory Authorities
9 FAM 504.7-1(A) Immigration and
Nationality Act
(CT:VISA-1; 11-18-2015)
INA 101(a)(16) (8 U.S.C. 1101(a)(16)); INA 221(a) (8
U.S.C. 1201(a)); INA 222(e) (8 U.S.C. 1202(e)).
9 FAM 504.7-1(B) Code of
Federal Regulations
(CT:VISA-1; 11-18-2015)
22 CFR 42.62; 22 CFR 42.67; 22 CFR 42.71.
9 FAM 504.7-1(C) Executive
Order
(CT:VISA-1; 11-18-2015)
E.O. 10718.
9 FAM 504.7-2 Requirement for an
Interview
(CT:VISA-1; 11-18-2015)
a. Personal Appearance:
Although the regulation permits the waiver of the personal appearance for a
child under the age of 14, the principal beneficiary, regardless of age, of any
immigrant visa (IV) petition must appear in person.
b. Timeliness of Interview:
The interview with the consular officer is the most significant part of the
visa issuing process. It is particularly important from the point of view of
full and correct application of the law. Section 237 of Public Law 106-113 and
subsequent legislation requires that the Department establish a policy under
which immediate relative (and fianc(e)) visas be processed within 30 days of
receipt of the necessary information from the applicant and the Department of
Homeland Security (DHS); all other family-based immigrant visas (IV) must be
processed within 60 days. The Department expects all posts to strive to meet
the 30/60-day requirements.
c. Interview Even if Documentation is
Missing:
(1) In addition to the inconvenience and expense
caused to the alien (particularly an alien applying with family members), it is
generally inefficient for the post if an application is not taken and the
interview not conducted on the appointment date. In a busy post, the number of
daily interviews is set to maximize the use of space and personnel. A canceled
interview results in a gap in that days productivity without gain, since the
interview must be rescheduled for another day. In addition, there is no
guarantee that the alien will be found eligible the second time around.
Rescheduling causes administrative backlogs, which, in turn, result in lost
time answering correspondence and responding to telephone inquiries.
(2) As a general rule, therefore, consular officers
should accept applications from and interview all applicants appearing on the
appointed date. If an applicant fails to present all of the required
documentation, the applicant should nevertheless pay the processing fee and be
interviewed by the consular officer who must then refuse the application under INA
221(g). The consular officer should tell the applicant or a member of the
family to mail or bring in the missing documentation, and also the issuance
fee, and make clear that the visa(s) will be issued immediately if the
documentation is found acceptable.
9 FAM 504.7-3 Conducting an
Interview
9 FAM 504.7-3(A) Personal
Interview of Visa Applicants by Consular Officer
(CT:VISA-1; 11-18-2015)
a. Consular officers must make every effort to conduct
visa interviews fairly and professionally. Any semblance of aggressive
cross-examination, assumption of bad faith, or entrapment must be avoided.
Applicants should be given sufficient time to answer questions without
interruption. In cases where the consular officers determinations are
difficult to make or which are or may become the subject of controversy, the
officer must make a thorough and carefully written record of the interview so
that the basis for the final action can be fully documented. (See 9 FAM 504.11.)
b. Interviewing visa applicants is one of the consular
officers most demanding jobs, requiring the officers composure, judgment, and
diplomatic skills. Techniques for good interviewing, including the critical
skill of how to ask the right questions, deserve careful attention. Training
materials on effective interviewing and fraud interviews are available through
the Fraud Prevention Programs Consular Affairs web page.
c. Consular Officers Responsibility
in Labor Certification Cases: If the applicant is applying for a visa on
the basis of a job offer, labor certification, or a Schedule-A case not
previously evaluated by a consular officer, you must determine that the
applicant has the professional or occupational qualifications on which
certification is based.
d. Sources of Background Investigation
Information Not Revealed: Ensure that interviews are conducted so as to
persuade the applicant to make full and frank disclosure of all information
bearing on the application without disclosure by the officer of the actual
sources of information obtained during the course of background investigations.
9 FAM 504.7-3(B) Action Fee
Receipts
(CT:VISA-1; 11-18-2015)
Posts will collect the visa processing fee only for those
cases in which the petition is filed at post or in which the visa file otherwise
indicates that the fee has not yet been collected. For fees paid at post,
request the two fee receipts printed through the Automated Cash Register System
(ACRS) and issued by the cashier for the processing fee. Initial both receipt
copies, return the customer copy to the applicant, and retain the
Department-of-State copy. (See 9 FAM
504.6-6(A).)
9 FAM 504.7-4 Oath and Execution
of Application
9 FAM 504.7-4(A) Explaining
Significance of Oath to Applicant
(CT:VISA-210; 10-06-2016)
At the outset of the interview, inform the applicant that
the interview will be based on answers given to the questions on Form DS-260,
Online Application for Immigrant Visa and Alien Registration, and any others
that might arise from examination of the supporting documents. Clarify that
the applicant will be required to swear or affirm that all statements made
during the interview and on the form are true. Also inform the applicant of
the significance of such oath or affirmation. You may, in this connection,
refer to 18 U.S.C. 1001, which provides a penalty for making a false statement
or using a false document in any matter within the jurisdiction of any
department or agency of the U.S. Government.
9 FAM 504.7-4(B) Establishing
that Alien Understands Contents of Form DS-260
(CT:VISA-536; 03-26-2018)
Establish that it was the applicant who furnished the
answers to the questions on Form DS-260, Online Application for Immigrant Visa
and Alien Registration, or, if assisted by someone else, that the applicant
nevertheless is fully aware of the nature of the application and the answers
given, and has no questions about the application. In most cases, you can
accomplish this by asking the applicant a few of the questions on the form and
comparing the oral responses with the written replies. Should the applicant
appear to have inadequate knowledge of the contents of the application, you
must go over orally all questions having a bearing on the applicants
eligibility to receive a visa. To discourage professional intermediaries from
coaching applicants, avoid establishing a set pattern in questioning
applicants.
9 FAM 504.7-4(C) Oath and
Signature
(CT:VISA-1; 11-18-2015)
a. You must be satisfied that the applicant has read
the completed form, or, if the applicant is unable to read, he or she must be
informed of the contents therein. You must ask the applicant to subscribe to
information therein. If the alien is unwilling to subscribe to the information
unless changes are made, the required changes must be made. You must inform
the applicant that all changes will be become a part of the official record
associated with his or her application. The application must be subscribed to
or affirmed and signed by or on behalf of the applicant before a consular
officer.
b. Collecting the signature: You
must collect the biometric signature from the applicant contemporaneously with
the administration of the oath.
(1) All applicants over the age of 14 who are legally
competent and physically capable must biometrically sign their application
under oath by providing a fingerprint. You must use the IVO Oath
Administration box to collect the biometric and record the administration of
the oath. The fields in the IVO Oath Administration box will be pre-populated
with the applicant's information; you must administer the oath, collect the
biometric signature, and certify that the oath has been administered.
(a) You may encounter an applicant who, while legally
competent to attest to the application, is physically unable to provide a
biometric signature. Generally speaking, you will only encounter this
situation in cases in which the fingerprints were waived. However, not all
individuals who have had their fingerprints waived are exempt from the
biometric signature requirement. A full set of fingerprints is not required
for the biometric signature, only 1 fingerprint is required. The quality of
the fingerprint does not need to meet the standard for the ten-print collection
you should attempt to collect a biometric signature from all individuals except
those without fingers. In situations in which the applicant is physically
incapable of providing the biometric signature, you must select
"PHYSICALLY UNABLE TO PROVIDE FINGERPRINT AS AN ELECTRONIC SIGNATURE"
in the Oath Taker field and annotate the Oath Remarks field with the reason for
the lack of biometric signature. For example, if the applicant has no fingers,
you should remark "THE APPLICANT DOES NOT HAVE FINGERS, PHYSICAL SIGNATURE
OBTAINED." Unless subject to the exceptions below, you must collect the
applicant's physical signature or mark. The signature may be collected either
on the form set forth in Exhibit I or on a separate piece of paper. This page
must be scanned into the case and retained as part of the visa record. You
must include on the paper form with the applicant's signature, the case number
(located on the left hand side of the confirmation page), and the applicant's
full name.
(b) If the applicant is unable to provide a biometric
signature and is illiterate, or is otherwise unable to sign the application but
has been informed of the contents and is willing to attest, you must witness
the applicant placing his or her signature or mark in the space provided for
signature on the paper form.
(c) A self-attesting applicant may not refuse to provide
a biometric signature. For information on refusal to provide biometric
signature by a proxy please see below.
(d) If the application is not adjudicated within one
year of the original administration of the oath, the applicant is required to
complete a new DS-260, be placed under oath again, and to biometrically sign
the new application.
(2) If the applicant is under the age of 14, a proxy
must take the oath and biometrically sign the application on behalf of the
minor, regardless of whether or not that minor was fingerprinted. A parent, a
legal guardian, or an individual having legal custody of, or a legitimate
interest in the applicant may act as the applicant's proxy for the purpose of
attesting to and biometrically signing the application. When administering and
recording the attestation and biometric signature for a minor you must indicate
in the IVO Oath Administration box that the applicant is not self-attesting by
selection "NO" to the question "The Applicant is self-attesting
to the Oath." You must select "Minor (younger than age 14)"
from the REASON drop down in the IVO Oath Administration box.
(a) If there are other applicants associated with the
case, the IVO Oath Administration will automatically default to the principal
applicant as the oath taker and pre-populate that individuals
information. You can select an alternative adult associated with the case
using the Other Applicant ID drop down. You should administer the oath and
collect the biometric signature as appropriate.
(b) If no other adult associated with the case is
available, an individual not associated with the case may attest and
biometrically sign on behalf of the minor, in which case you must select the
option for Other Non-Applicant and then select the appropriate relationship
from the Relation to Applicant dropdown. The options on this drop down
include Parent, Legal Guardian, Adoptive/Prospective Parent, Attorney, and
Other. If you select Other you must explain the relationship in the Oath
Remark field, then administer the oath and collect the biometric signature as
appropriate.
(c) A proxy who is associated with the case who has been
fingerprinted cannot refuse to provide a biometric signature. Only a
non-associated proxy may refuse to provide a biometric signature. If the proxy
refuses to provide a biometric signature, you must indicate in the IVO Oath
Administration box that the proxy was Unwilling to provide a fingerprint as an
electronic signature and collect a physical signature from the proxy on either
the form set forth in Exhibit II or a separate printed sheet of paper. This
page must be scanned into the case and retained as a part of the visa record.
If you do not use the confirmation page as the signature page, you must include
the case number (located on the left hand side of the confirmation page), the
applicants full name, and the full name of the proxy.
(3) If the applicant is over the age of 14 but legally
or mentally incapacitated, a proxy must take the oath and biometrically sign
the application on behalf of the applicant. A parent, a legal guardian, or an
individual having legal custody of, or a legitimate interest in the applicant
may act as the applicants proxy for purposes of attesting to and biometrically
signing the application. When administering and recording the attestation and
biometric signature for an incapacitated adult, you must indicate in the IVO
Oath Administration box that the applicant is not self-attesting by selecting
NO to the question The Applicant is self-attesting to the Oath. You must
select Legally/Mentally Incapacitated Adult from the REASON drop down in the
IVO Oath Administration box.
(a) If there are other applicants associated with the
case, the IVO Oath Administration will automatically default to the principal
applicant as the oath taker and pre-populate that individuals information.
You can select an alternative adult associated with the case using the Other
Applicant ID drop down. You should administer the oath and collect the
biometric signature as appropriate.
(b) If no other adult associated with the case is
available an individual not associated with the case may attest and
biometrically sign on behalf applicant, in which case you must select the
option for Other Non-Applicant and then select the appropriate relationship
from the Relation to Applicant dropdown. The options on this drop down
include Parent, Legal Guardian, Adoptive/Prospective Parent, Attorney, and
Other. If you select Other you must explain the relationship in the Oath
Remark field. You then administer the oath and collect the biometric signature
as appropriate.
(c) A proxy who is associated with the case who has been
fingerprinted cannot refuse to provide a biometric signature. Only a
non-associated proxy may refuse to provide a biometric signature. If the proxy
refuses to provide a biometric signature you must collect a physical signature
from the proxy on either the applicants DS-260 confirmation page or a separate
printed sheet of paper. This page must be scanned into the case and retained
as a part of the visa record. If you do not use the confirmation page as the
signature page, you must include the case number (located on the left hand side
of the confirmation page), the applicants full name, the full name of the
proxy, and the proxys relationship to the applicant.
c. Administering the
Oath/Affirmation:
(1) You Must State the Following
Words: "Do you affirm that the statements made by you in this
application and interview are true and correct to the best of your
knowledge?" The applicant must affirm, "I do", or if unable to
speak give a physical indication of his or her affirmation.
(2) Posting Statement Near
Fingerprint Scanner: Posts must display the following language in the
window above the fingerprint scanner, or on the counter next to the scanner,
whichever works best for post, as long as it is clearly visible to the
applicant. By submitting my fingerprint, I am affirming under penalty of
perjury that I have read and understood the questions in my immigrant visa
application and that all statements that appear in my immigrant visa
application have been made by me and are true and complete to the best of my
knowledge and belief. Furthermore, I affirm under penalty of perjury that all
statements that I have made, or will make, during my interview are true and
complete to the best of my knowledge and belief. Posts that have television
monitors in the waiting areas, may also want to place the statement near the
monitors, but must still display it in front of or above the fingerprint
scanner. At posts where officers interview in a language other than English,
post should display this text in English and in the appropriation local
language(s).
d. Consular Officer Signature: Your
signature and consular title will be automatically recorded in the IVO system
at the time of adjudication.
e. Biometric Signature Exemption:
SIGNATURE AND AFFIRMATION FOR A
IMMIGRANT VISA APPLICANT EXEMPT FROM BIOMETRIC SIGNATURE REQUIREMENT
I, ______________________, understand that if I am
issued a visa, I am required to display and surrender my visa to the United
States Immigration Officer at the port of entry where I apply to enter the
United States and that possession of a visa does not entitled me to enter the
United States if, at the time, I am found inadmissible under the immigration
law.
I understand that any willfully false or misleading
statement or willful concealment of material facts made by me in my Online
Application for an Immigrant Visa and Alien Registration, or during my
immigrant visa interview may subject me to permanent exclusion from the United
States or may subject me to criminal prosecution and/or deportation.
I affirm, under penalty of perjury, that I have read
and understood the questions in my immigrant visa application and that all
statements that appear in my immigrant visa application have been made by me
and are accurate and complete to the best of my knowledge and belief.
Furthermore, I affirm under penalty of perjury that all statements that I have
made in the course of my visa interview are accurate and complete to the best
of my knowledge and belief.
I do affirm, that if admitted to the United States,
I will not engage in activities which would be prejudicial to the public
interest, or endanger the welfare, safety, or security of the United States; in
activities which would be prohibited by the laws of the United States relating
to espionage, sabotage, public disorder, or in other activities subversive to
the national security; in any activity the purpose of which is the opposition
or the control or overthrow of, the Government of the United States, by force,
violence, or other unconstitutional means.
I understand that if I am issued an immigrant visa
and I a male between the ages of 18 and 25, I am required by law to register
with the Selective Service System in accordance with the Military Service Act.
I understand all of the foregoing statements, having
asked for and obtained an explanation on every point which was not clear to me.
__________________________ __________________
(Signature of Applicant) (Date)
__________________________
(Case Number)
Subscribed and affirmed before me this __________
day of ________, _________ at __________________.
__________________________
(Consular Officer)
(CT:VISA-1; 11-18-2015)
f. Proxy Signature:
SIGNATURE AND AFFIRMATION FOR A
PROXY EXECUTING AN IMMIGRANT VISA APPLICATION ON BEHALF OF AN APPLICANT
I, __________________, am executing an immigrant
visa application on behalf of ___________________. I know the applicant
personally and have first-hand knowledge about the facts underlining the
statements on the DS-260, Online Application for an Immigrant Visa and Alien
Registration. I have agreed to sign this form instead of providing a biometric
signature.
I understand that if (name), is issued a visa,
he/she will be required to display and surrender his/her this visa to the
United States Immigration Officer at the port of entry where he/she applies to
enter the United States. I further understand that possession of a visa does
not entitled him/her to enter the United States if, at the time, he/she is
found inadmissible under the immigration law. If I do not accompany (name) to
the port of entry, I will ensure that this information is communicated to the
individual accompanying (name).
I understand that any willfully false or misleading
statement or willful concealment of a material fact made on the (name)
application, or during the visa interview may subject me to criminal
prosecution.
I affirm, under penalty of perjury, that I have read
and understand the statements made in the immigrant visa application and that
all statements are accurate and complete to the best of my knowledge and
belief. Furthermore, I affirm, under penalty of perjury that all statements
that I have made in the course of the visa interview are accurate and complete
to the best of my knowledge and belief.
I understand that if the applicant is issued an
immigrant visa and is a male between the ages of 18 and 25, he is required by
law to register with the Selective Service System in accordance with the
Military Service Act.
I understand all of the foregoing statements, having
asked for and obtained an explanation on every point which was not clear to me.
__________________________ __________________
(Signature of Proxy) (Date)
__________________________
(Case Number)
Subscribed and affirmed before me this __________
day of ________, _________ at __________________.
__________________________
(Consular Officer)
9 FAM 504.7-5 USCIS Victims of
Domestic Violence Pamphlet
9 FAM 504.7-5(A) Review of
USCIS Victims of Domestic Violence Pamphlet During Interview
(CT:VISA-403; 07-14-2017)
During Interview of Each Spouse Applying
for an IR1, CR1 or F2A (F21, C21, FX1, or CX1) Immigrant Visa, You Must:
(1) Provide a copy of the USCIS pamphlet,
"Information on the Legal Rights Available to Immigrant Victims of
Domestic Violence in the United States and Facts about Immigrating on a
Marriage-Based Visa," in English or another appropriate language.
(2) Orally review with the applicant, in his or her
primary language, if feasible, or otherwise in either the language spoken in
the country of application or English, the synopsis of the points contained in
the pamphlet (synopsis provided below in 9 FAM
504.7-5(B) below).
(3) Add case notes in IVO that the pamphlet was
received, read, and understood by the applicant.
9 FAM 504.7-5(B) Synopsis of
USCIS Pamphlet for Applicants for K Nonimmigrant Visas and Family-Based
Immigrant Visas
(CT:VISA-1; 11-18-2015)
a. Why Are We Providing the Pamphlet?
(1) The International Marriage Broker Regulation Act
(IMBRA) requires that the United States government provide, to an immigrating
fianc(e) or spouse of a citizen or resident of the United States, an
information pamphlet on legal rights and resources for immigrant victims of
domestic violence. Immigrants are often afraid to report acts of domestic
violence to the police or to seek other forms of assistance. Such fear causes
many immigrants to remain in abusive relationships.
(2) IMBRA also provides for the United States
government to provide, to an immigrating fianc(e) or spouse of a U.S. citizen
who has a history of criminal or domestic violence, a copy of the citizens
criminal background information.
(3) One of IMBRAs goals is to provide applicants with
accurate information about the immigration process and how to access help if a
relationship becomes abusive.
b. What is Domestic Violence?
(1) The pamphlet provides detailed explanations of the
term domestic violence and two related offenses, sexual assault and child
abuse.
(2) Domestic violence involving current or former
partners is a pattern of behavior where one intimate partner or spouse
threatens or abuses the other partner or spouse. Abuse may include physical
harm, forced sexual relations, emotional manipulation (including isolation or
intimidation), and economic and/or immigration-related threats.
(2) Under all circumstances, domestic violence, sexual
assault, and child abuse are illegal in the United States. All people in the
United States are guaranteed protection from abuse under the law. Any victim
of domestic violence can seek help. An immigrant victim of domestic violence
may be eligible for immigration protections.
(3) The pamphlet is intended to help you understand
U.S. laws regarding domestic violence and how to get help if you need it.
c. What are the Legal Rights for
Victims of Domestic Violence in the United States?
All people in the United States, regardless of
immigration or citizenship status, are guaranteed basic protections under both
civil and criminal law. Laws governing families provide you with:
The right to obtain a protection order for you and your
child(ren).
The right to legal separation or divorce without the consent of
your spouse.
The right to share certain marital property. In cases of
divorce, the court will divide any property or financial assets you and your
spouse have together.
The right to ask for custody of your child(ren) and financial
support. Parents of children under the age of 21 often are required to pay
child support for any child not living with them.
d. What Services are Available to
Victims of Domestic Violence and Sexual Assault in the United States?
(1) In the United States, victims of these crimes can
access help provided by government or nongovernmental agencies, which may
include counseling, interpreters, emergency housing, and even monetary assistance.
(2) The telephone numbers or hotlines listed in the
pamphlet have operators trained to help victims 24 hours a day free of charge.
Interpreters are available, and these numbers can connect you with other free
services for victims in your local area, including emergency housing, medical
care, counseling, and legal advice. If you cannot afford to pay a lawyer, you
may qualify for a free or low-cost legal aid program for immigrant crime or
domestic violence victims.
e. What Immigration Options May Be
Available to a Victim of Domestic Violence, Sexual Assault, or Other Crime?
The pamphlet outlines three ways immigrants who
become victims of domestic violence, sexual assault, and some other specific
crimes may apply for legal immigration status for themselves and their
child(ren): (1) self-petitions for legal status under the Violence Against
Women Act (VAWA); (2) cancellation of removal under VAWA; or (3) U nonimmigrant
status. Because a victims application is confidential, no one - including an abuser,
crime perpetrator, or family member - will be told that the victim applied. A
victim of domestic violence should consult an immigration lawyer who works with
other victims to discuss immigration options that may be available.
f. How Does the U.S. Government
Regulate International Marriage Brokers?
Under IMBRA, international marriage brokers are
required to give the foreign national client background information on the U.S.
client who wants to contact the foreign national client, including information
contained in Federal and State sex offender public registries, and to get the
foreign national clients written permission before giving the U.S. client the
foreign national clients contact information. If you are a foreign national
client, the agency is required to give you a copy of the pamphlet. It is
prohibited from doing business with individuals who are under 18 years of age.
g. Can a K Nonimmigrant Visa Applicant
Rely on Criminal Background Information that USCIS has
Compiled on a U.S. Citizen Fianc(e) or Spouse?
IMBRA requires the U.S. Government to share any
criminal background information on a K nonimmigrant petitioner with the
fianc(e) or spouse who is applying for a K visa as the beneficiary of such a
petition. The criminal background information compiled by USCIS comes from
various public sources, as well as information provided by the U.S. citizen
clients on immigration applications. USCIS does not have access to all
criminal history databases in the United States. The U.S. citizen sponsor may
not tell the truth in the sponsorship application. It is also possible the
U.S. citizen has a history of abusive behavior but was never arrested or
convicted. Therefore, the criminal background information an applicant
receives may not be complete. The intent of the law is to provide available
information and resources to immigrating fianc(e)s and spouses. Ultimately,
you are responsible for deciding whether you feel safe in the relationship.
h. Can Foreign Fianc(e)s or Spouses
Who are Victims of Domestic Violence Also be Victims of Human Trafficking?
Other forms of exploitation, including human
trafficking, can sometimes occur alongside domestic violence, when the
exploitation involves compelled or coerced labor, services, or commercial sex
acts. The pamphlet contains information on how to obtain help regarding human
trafficking.