9 FAM 403.3
(U) Pre-interview Processing
(CT:VISA-915; 08-06-2019)
(Office of Origin: CA/VO/L/R)
9 FAm 403.3-1 (U) Statutory and
Regulatory Authorities
9 FAM 403.3-1(A) (U) Immigration
and Nationality Act
(CT:VISA-1; 11-18-2015)
(U) INA 221(b) (8 U.S.C. 1201(b));
INA 222(e) (8 U.S.C. 1202(e)).
9 FAM 403.3-1(B) (U) Code of
Federal Regulations
(CT:VISA-1; 11-18-2015)
(U) 22 CFR 41.103; 22 CFR 41.105.
9 FAM 403.3-2 (U) Kentucky
consular center processing
9 FAM 403.3-2(A) (U) Role of
the Kentucky Consular Center (KCC)
(CT:VISA-775; 05-06-2019)
Unavailable
(1) Unavailable
(2) Unavailable
9 FAM 403.3-2(B) Unavailable
(CT:VISA-775; 05-06-2019)
a. Unavailable
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b. Unavailable
9 FAM 403.3-2(C) Unavailable
(CT:VISA-775; 05-06-2019)
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b. Unavailable
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9 FAM 403.3-2(D) Unavailable
(CT:VISA-775; 05-06-2019)
a. Unavailable
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9 FAM 403.3-2(E) Unavailable
(CT:VISA-775; 05-06-2019)
a. Unavailable
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c. Unavailable
9 FAM 403.3-2(F) Unavailable
(CT:VISA-915; 08-06-2019)
Unavailable
9 FAM 403.3-3 (U) Scheduling
Appointments
(CT:VISA-775; 05-06-2019)
a. (U) Per 7 FAH-1
H-263.5, CA encourages all posts to use an NIV appointment system. An
effective appointment system must be flexible and must accommodate the largest
number of applicants consistent with effective interviewing and security
processing. An appointment system must also provide for expedited handling for
legitimate business travelers and students, possibly by setting aside dedicated
blocks of time for those categories.
b. (U) See the appointment
systems page on CAWeb for a detailed discussion of how to devise an appointment
system and manage it to improve efficiency and to provide better service to
applicants.
9 FAM 403.3-4 (U) Procedures for
Submitting Applications to Consular Sections
(CT:VISA-775; 05-06-2019)
a. (U) Overview: Visa
application materials, passports, photos, evidence of payment of machine readable
visa (MRV) fee, and appropriate supporting documents may be submitted to the
consular section for processing in a number of ways as described below.
Regardless of the intake procedure, you must bear in mind the following:
(1) (U) Intake procedures
constitute an avenue for the transfer of physical documents and electronic data
to the consular section for processing. They are essentially mechanical and do
not reflect on the applicants qualifications for a visa. In other words, any
value added by a third party service provider must take the form of clerical or
communication support (for example, in typing forms or hand-delivering
documents to the visa section). You must avoid the appearance or implication
of third party evaluation of visa applications.
(2) (U) You must carefully
evaluate local operating needs and conditions to structure intake procedures
that provide adequate oversight and internal controls. This is particularly
important when involving control of issued visas.
(3) (U) Screening of
electronic visa applications by LE staff should not encroach on adjudication.
Screening by LE staff should only be for completeness of application and should
not extend to interviewing or making notes within the application or in the
case notes beyond the scope of the screeners function. For more information
see 7
FAH-1 H-648.1-4.
(4) (U) Regardless of the
method of intake used, you must ensure that you meet all regular processing
requirements, including personal appearance instructions outlined in 9 FAM 403.5.
(5) (U) Form DS-160 provides
for the advanced, unattended submission of the application form even for
applicants who must be interviewed. This can allow you to more
effectively complete initial processing requirements prior to interview. You
must carefully consider workload and accountability implications of such a
process, however.
b. (U) Walk-in Applicants: Applicants
will hand-carry the form DS-160 confirmation page when appearing at the
consular section for an appointment and, in some cases, without an
appointment. Posts should normally assign application screening
responsibilities to a Locally Employed (LE) staff member, who will be
responsible for reviewing applications for completeness. Consular managers
must establish procedures to ensure that completed applications are accepted
and that LE staff personnel do not inappropriately defer or refuse processing.
c. (U) On-Line Applications and Bar-Coding:
The DS-160 confirmation page has a barcode, which facilitates data entry. You
may use this barcode to complement various intake procedures.
d. (U) Personal Appearance Waived:
Applicants for whom you may waive a personal appearance as discussed in 9 FAM
403.5-4(A) may submit application
materials through a bank or courier service that collects and delivers
application materials to the consular section.
e. (U) Management Controls: With
any of the above procedures, consular managers must ensure that:
(1) (U) Criteria for inclusion
are clearly stated in writing and are in full compliance with 9 FAM
403.5-4(A);
(2) (U) Post has developed
explicit, written standard operating procedures for accounting for and
controlling documents; and
(3) (U) Internal controls
procedures exist to prevent
manipulation of procedures by guards, courier service personnel, or other
service providers.
f. (U) Working With Travel Agencies
and Businesses:
(1) (U) Many applicants will
choose to use a travel agent or bank courier service to facilitate the visa
application process. This will take various forms, from providing information
to assistance in completing Form DS-160. Consular managers must establish
clear procedures in working with these companies to ensure that all processing
requirements are met in the most efficient manner possible and that all
appearance of impropriety is avoided. Outside agents provide post with an
avenue for providing information to the public and for physically delivering
application materials and passports to the visa section. They have no role in
the visa review or adjudication process;
(2) (U) Consular sections may
not enter into exclusive arrangements with travel agents for any purpose and
may not allow travel agency advertising in the consular section or imply
endorsement of a particular travel agency or group of agencies. Lists of
preferred agencies are not appropriate;
(3) (U) Consular managers will
generally find it useful to establish channels of communication to the business
and travel industries, both to advise agents and airlines of changes in
procedure and to provide periodic training as appropriate.
g. (U) Referrals: Post must
follow procedures outlined in 9 FAM 601.8
for cases submitted through the visa referral system.
9 FAM 403.3-5 (U) BIOMETRIC VISA
PROGRAM
(CT:VISA-915; 08-06-2019)
(U) Section 303 of the Enhanced
Border Security and Visa Entry Reform Act of 2002 (Public Law 107-173) has
required, since October 26, 2004, that all visas issued by the Department must
be machine-readable, tamper-resistant, and use biometric identifiers. See 9 FAM 303.5
and 9 FAM 303.7
for information on the Biometric Visa Program.
9 FAM 403.3-5(A) (U) Photograph
Requirements
(CT:VISA-775; 05-06-2019)
a. (U) Submission
of Photo: Applicants are permitted to submit photographs with their
applications either electronically by uploading them into the online
application form, or by submitting a hard-copy photograph.
b. (U) See 9 FAM
303.6-2(A)(1) for guidance on photo standards.
9 FAM 403.3-5(B) (U) Collecting
Fingerprints
(CT:VISA-775; 05-06-2019)
a. Unavailable
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9 FAM 403.3-6 (U) Biometric
Signature and Affirmation of Ds-160 NIV Application
(CT:VISA-775; 05-06-2019)
a. (U) Posts must scan the
applicants' fingerprints immediately preceding the interview and not at the
conclusion of the interview. You must clearly post the statement below at
either:
(1) (U) The point at which you
verify an applicants fingerprints; or
(2) (U) The point at which you
collect the ten-digit fingerprint scan.
(U) Text follows:
By submitting my fingerprint, I am certifying under
penalty of perjury that I have read and understood the questions in my visa
application and that all statements that appear in my visa application have
been made by me and are true and complete to the best of my knowledge and
belief. Furthermore, I certify under penalty of perjury that I will tell the
truth during my interview and that all statements made by me during my
interview will be complete to the best of my ability.
b. (U) Posts must place the
statement in the window above the fingerprint scanner or on the counter next to
the scanner - whatever works best for post, as long as it is clearly visible to
the applicant. Posts that have television monitors in their waiting areas may
also wish to place the statement there, but must still display it in front of
or above the fingerprint scanner as well. At posts where officers interview in
a language other than English, posts should display this text in English and a
translation in the appropriate local language(s).
c. (U) Officers must make sure
that each applicant is aware of what he or she is agreeing to by submitting
his/her fingerprint for verification (or fingerprints in the case of posts with
cleared American collection workflows). You are not required to repeat the
posted text word for word.