9 FAM 403.5
(U) NIV Interview by Consular Officer
(CT:VISA-826; 06-03-2019)
(Office of Origin: CA/VO/L/R)
9 FAM 403.5-1 (U) STATUTORY,
regulatory, and other Authorities
9 FAM 403.5-1(A) (U)
Immigration and Nationality Act
(CT:VISA-1; 11-18-2015)
(U) INA 222(h) (8 U.S.C. 1202(h)).
9 FAM 403.5-1(B) (U) Code of
Federal Regulations
(CT:VISA-93; 03-17-2016)
(U) 22 CFR 41.101; 22 CFR 41.102.
9 FAM 403.5-1(C) (U) Executive
Order
(CT:VISA-415; 07-27-2017)
(U) Executive Order 13780 on
Protecting the Nation from Foreign Terrorist Entry into the United States
(March 6, 2017).
9 FAM 403.5-2 (U) Interview
Requirement
(CT:VISA-723; 01-23-2019)
a. Unavailable
b. (U) Every alien seeking an
NIV must apply in person and be interviewed by a consular officer unless a
specific exception allows for waiver of the interview requirement.
c. Unavailable
(1) (U) Generally, all
applicants who are at least 14 years of age and not more than 79 must be
interviewed in person.
(2) (U) The circumstances in
which you may waive an interview for a nonimmigrant applicant are limited to
the categories set out in section 222(h)(1)(A) and (B) of the INA. See also 9 FAM
403.5-4(A) below.
(3) (U) If you receive a
compelling case that does not qualify for an interview waiver under one of
these categories, but where an interview waiver appears warranted, you may
forward a recommendation for waiver through your VO/F post liaison.
(4) (U) If the applicant is
within one of the categories set forth in 9 FAM
403.5-4(B) paragraph c below, for
example because eligibility issues or national security concerns arise in the
visa application, you must conduct a personal interview of the applicant.
d. (U) If none of the grounds
in 9 FAM
403.5-4(B) below that mandate an in-person interview apply, any applicant
(first-time or renewal) who is:
(1) (U) Under 14 years of age;
or
(2) (U) Over 79 years of age
is exempt from the requirement of a visa interview.
9 FAM 403.5-3 (U) Nonimmigrant
Visa Interviews
(CT:VISA-723; 01-23-2019)
(U) There are several steps in the
NIV process, each of which are discussed in detail in 9 FAM 403.2
9 FAM 403.10.
9 FAM 403.5-4 (U) Waivers of
Interview Requirement
(CT:VISA-723; 01-23-2019)
a. (U) Section 9 of the March
6, 2017, Executive Order 13780 (E.O.) on Protecting the Nation from Foreign
Terrorist Entry into the United States suspended the Interview Waiver Program
(IWP) for all nationalities, although it permits interview waivers under "specific
statutory exceptions." Under INA 222(h) and E.O. 13780, any alien
applying for a (NIV who is at least 14 years of age and not more than 79 years
of age must submit to an in-person interview unless he or she falls under one
of the "specific statutory exceptions" which are also set forth in 9 FAM
403.5-4(A)(1) below.
b. (U) The waiver of the
interview requirement for an applicant does not change the requirements and
standards of existing regulations and instructions with regard to security
checks, visa classification, number of entries, and validity of visas. Even in
cases in which the interview is waived, each case must have an associated
DS-160 or, in exceptional cases as outlined in 9 FAM
403.2-5(A), alternate paper forms.
9 FAM 403.5-4(A) (U) Waiver of
Interview
(CT:VISA-723; 01-23-2019)
a. (U) If the individual is not
already exempt from an interview requirement based on his or her age in
accordance with 9 FAM 403.5-2 paragraph d, above you may waive the in-person
interview requirement for an applicant if the applicant falls within a waiver
category described below in 9 FAM
403.5-4(A)(1) below and the applicant is not within one of the categories set
forth in 9
FAM 403.5-4(B) below.
b. (U) If the criteria in paragraph
(a) are met, and waiving the interview would be in the national interest of the
United States or is necessary due to unusual or emergent circumstances under 9 FAM
403.5-4(A)(1) paragraphs b or c, contact your VO/F post liaison to
determine if a waiver is available.
c. (U)
Remember to exercise the interview waiver authority with judgment and care.
You remain ultimately responsible for the final decision. You must request an
interview if the applicant is within one of the categories set forth in 9 FAM
403.5-4(B) paragraph c below, for
example because additional information or clarification is needed as to the
applicant's intentions or qualifications for a NIV prior to the issuance of a
visa. Keep in mind that you always have the option to require an interview of
any applicant if you doubt the aliens credibility or veracity. You must also
be vigilant to ensure that interview waiver procedures are not used to commit
fraud.
d. Unavailable
9 FAM 403.5-4(A)(1) (U)
Interview Waiver Categories
(CT:VISA-826; 06-03-2019)
a. (U)
Waiver by Consular Officers:
(U) You may waive the
interview of any visa applicant who falls under one or more of the following
categories in paragraphs a(1)-(3) below provided the applicant is not within
one of the categories in 9 FAM
403.5-4(B):
(1) (U) Is within a class of
nonimmigrants classifiable under the visa symbols A-1, A-2, C-2, C-3 (except
attendants, servants, or personal employees of accredited officials), G-1, G-2,
G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, NATO-6, or TECRO E-1 and who
is seeking a visa in such classification;
(2) (U) Is an applicant for a
diplomatic type or official visa type as described in 22 CFR 41.26 or 22 CFR
41.27, respectively, and is applying for such visa using a diplomatic or
official passport.
(3) (U) Renewals in the same category
within 12 months:
(a) (U) Is applying for the same
NIV classification not more than 12 months after the date on which the prior
visa expired (i.e., same visa class and same category of applicant within that
visa class (principal or derivative)); and
(b) (U) Is applying in the
consular district of his or her normal residence, unless otherwise prescribed
in regulations that require an applicant to apply for a visa in the country of
which such applicant is a national; and
(i) (U) For
example, a B1/B2, L, or R visa holder who is seeking to renew his/her visa in
the same NIV category within 12 months of his/her last visas expiration date within
the consular district of his/her normal residence qualifies for interview waiver
for renewals.
(ii) (U) On the other hand, an
H-1B visa holder applying for an L-1 visa, an E-2 derivative spouse applying
for a visa as an E-2 principal, or an F-2 derivative visa holder applying for
an F-1 visa as the principal student all would need to appear for an interview.
(iii) (U) The adjudication may
take place outside the 12-month window, as long as the application is made
within12 months of the previous visas expiration date. The criteria for making
an application are defined in 9 FAM 403.2
(c) (U)
Special considerations for applications to renew Student and Exchange Visitor
visas:
(i) (U) Students (F and M
applicants) are eligible for interview waiver, provided the applicant is
re-applying to renew the same visa classification not more than 12 months after
the date on which the prior visa expired and provided the applicant is renewing
his or her visa either to: (a) continue participation in the same major course
of study even if at a different institution; or (b) attend the same institution
even if in a different major course of study.
(ii) (U) Exchange visitor
visas (J visas) may only be renewed without an interview if the exchange
visitor will continue participation in the same exchange visitor program, with
the same Student and Exchange Visitor Information System (SEVIS) number from
the previously issued visa.
(iii) (U) You must verify that
the applicant's SEVIS record indicates a SEVIS status of "initial" or
"active," and should request an interview if you identify any
discrepancies between the current and previous visa applications, or wish to
interview the applicant for any other reason.
b. (U)
Waiver by Deputy Assistant Secretary for Visa Services: The Deputy
Assistant Secretary for Visa Services may waive the interview requirement in individual
cases after determining that such a waiver is necessary as a result of unusual
or emergent circumstances. If you believe waiver of the interview is necessary
due to unusual or emergent circumstances, contact your VO/F post liaison.
c. (U) Waiver
by the Secretary in individual cases when in the national interest: The
Secretary of State may waive the interview requirement in individual cases
after determining that such a waiver is in the national interest of the United
States. If you believe waiver of the interview would be in the national
interest of the United States, but that applicant does not qualify for any
other aforementioned waiver categories, contact your VO/F post liaison.
d. Unavailable
e. (U) Items Neither the Secretary nor Deputy
Assistant Secretary May Waive: Neither the
Secretary nor the Deputy Assistant Secretary for Visa Services may waive the
interview for applicants required to appear for interview per 9 FAM 403.5-4(B) paragraph c below. 9 FAM 403.5-4(B) paragraph d exceptions
remain at post's discretion.
9 FAM 403.5-4(A)(2) (U)
Requirement for Interview Waiver Cases
(CT:VISA-723; 01-23-2019)
(U) In all cases
where the interview is waived, you must ensure the following requirements are
met:
(1) (U) The applicant has been
subjected to all appropriate biometric visa requirements as set forth in 9 FAM 303.5;
and
(2) (U) The applicant is not within
one of the categories in 9 FAM
403.5-4(B) below.
(3) Unavailable
(4) (U) You must conduct an
interview if the applicant is within one of the categories set forth in 9 FAM
403.5-4(B) paragraph c below, for
example whenever you require additional clarification as to the intentions or
qualifications of the applicant or you doubt the veracity of information in the
visa application (see 9 FAM
402.3-4(E)).
9 FAM 403.5-4(A)(3) (U)
Discontinued Interview Waiver Program Categories
(CT:VISA-723; 01-23-2019)
(U) Posts must require an
interview for the following categories of individuals that had previously been
covered by the IWP (unless the applicant also falls in an interview waiver
category described in 9 FAM
403.5-4(A)(1) above):
(1) (U) Any applicant whose
visa expired more than 12 months, and not more than 48 months, prior to the
date of application;
(2) (U) Any first-time
Brazilian applicant aged 14 or 15 or between 66 and 79; and
(3) (U) Any first-time
Argentine applicant aged 14 or 15 or between 66 and 79.
9 FAM 403.5-4(B) (U) Cases in
Which Interview May Not Be Waived
(CT:VISA-723; 01-23-2019)
a. (U) Eligibility for
interview waiver does not automatically entitle any applicant to a waiver of
the interview requirement. You must interview any and all interview
waiver-eligible applicants who you believe should be interviewed to more fully
assess their eligibility or intentions, or those whom you are concerned may be
from high-threat or high-fraud areas. Review all source information and liaise
with other agencies at post to remain aware of changing threat information.
b. Unavailable
c. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
(4) Unavailable
(5) Unavailable
(6) Unavailable
(7) Unavailable
(a) Unavailable
(b) Unavailable
(c) Unavailable
(d) Unavailable
(8) Unavailable
d. Unavailable
(1) Unavailable
(2) Unavailable
9 FAM 403.5-5 Unavailable
(CT:VISA-826; 06-03-2019)
a. Unavailable
b. Unavailable
c. Unavailable
d. Unavailable
9 FAM 403.5-5(A) Unavailable
(CT:VISA-538; 03-26-2018)
a. Unavailable
b. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
c. Unavailable
9 FAM 403.5-5(B) Unavailable
(CT:VISA-826; 06-03-2019)
a. Unavailable
b. Unavailable
9 FAM 403.5-5(C) Unavailable
(CT:VISA-538; 03-26-2018)
a. Unavailable
(1) Unavailable
(2) Unavailable
(a) Unavailable
(b) Unavailable
(c) Unavailable
(d) Unavailable
b. Unavailable
c. Unavailable
9 FAM 403.5-5(D) Unavailable
(CT:VISA-415; 07-27-2017)
Unavailable
9 FAM 403.5-5(D)(1) Unavailable
(CT:VISA-717; 12-12-2018)
a. Unavailable
b. Unavailable
9 FAM 403.5-5(D)(2) Unavailable
(CT:VISA-826; 06-03-2019)
a. Unavailable
(1) Unavailable
(2) Unavailable
b. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
c. Unavailable
d. Unavailable
e. Unavailable
f. Unavailable
9 FAM 403.5-5(D)(3) Unavailable
(CT:VISA-415; 07-27-2017)
a. Unavailable
b. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
c. Unavailable
d. Unavailable
e. Unavailable
9 FAM 403.5-5(E) Unavailable
(CT:VISA-826; 06-03-2019)
Unavailable
9 FAM 403.5-5(E)(1) Unavailable
(CT:VISA-826; 06-03-2019)
a. Unavailable
b. Unavailable
c. Unavailable
d. Unavailable
e. Unavailable
f. Unavailable
9 FAM 403.5-5(E)(2) Unavailable
(CT:VISA-826; 06-03-2019)
Unavailable