9 FAM 601.7
(U) Visa Correspondence
(CT:VISA-923; 08-14-2019)
(Office of Origin: CA/VO/L/R)
9 FAM 601.7-1 (U) visa
correspondence overview
(CT:VISA-923; 08-14-2019)
a. (U) Guidelines: The
following guidelines have been devised to assist posts in determining the
procedures to use in communicating with the Department, other posts, Congress,
and the general public (see 9 FAM 601.7-4
below for specific instructions on various
types of correspondence). It is important to keep in mind the public relations
implications when responding to all inquiries.
b. (U) Content: Replies should
be complete and accurate; see 9 FAM 601.7-4
below for more on content of
correspondence. See also 9 FAM 603.2
regarding requests for information or documents from visa files.
c. (U) Response Times: Replies
should be timely. Congressional inquiries should be answered within two or
three working days, regardless of whether the inquiry is by fax, phone, letter
or email. Replies to the general public should be answered expeditiously. A
late response often generates another inquiry, which increases the posts
workload and may diminish the inquirers receptivity to the response. See 9 FAM 601.7-2
below on managing correspondence volume.
d. (U) Helping the Department Respond
to Correspondence: The Department often has been placed in the
embarrassing position of trying to explain a refusal with very little
background information on hand. Posts should remember that an inquiry from the
Department is not a request for a change of decision. To the extent possible,
we will respond to inquiries using information found in your Consular
Consolidated Database (CCD) notes. It is important that notes be clear, concise,
complete, and relevant to the case. Refrain from using acronyms.
e. (U) Separating Specific Subjects
From General Subjects:
(1) (U) In the past, valuable
discussions on visa problems that would be of general interest have not always
received the prompt attention that they deserve because the problems were
discussed in communications concerning the case of an individual visa
applicant.
(2) (U) Similarly, valuable
procedural suggestions have not always received immediate consideration because
the suggestions were added at the end of routine reports on other matters
called for by Departmental instructions, rather than in an independent
communication.
(3) (U) If necessary, general
interest communications should contain a cross-reference to the individual case
in which the unresolved issue became apparent.
(4) (U) See other
recommendations related to the content of correspondence in 9 FAM 601.7-4
below.
f. (U) Other Resources: See
also 7 FAH-1
H-440 on managing incoming and outgoing communications and 7 FAH-1 H-445
on written correspondence. In particular, 7 FAH-1 H-443
relates to correspondence via telegrams and emails, 7 FAH-1 H-446
addresses faxes, and 7 FAH-1 H-447
provides guidance on diplomatic notes.
9 FAM 601.7-2 (U) Managing
correspondence Volume
(CT:VISA-923; 08-14-2019)
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9 FAM 601.7-3 Unavailable
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c. (U) Correspondence with
Representatives of Record, Attorneys:
(1) (U) Corresponding with
Representative of Record: If authorized to do so, in accordance with 9 FAM 603.2-9 and 9 FAM
603.2-10 (on sharing visa record
information with third parties), you may correspond directly with the
applicants representative of record, even in cases where the applicant is
physically present in the United States, unless the applicant requests
otherwise. However, the fact that there is a representative of record does not
preclude the post from corresponding with the applicant, provided the post
sends a copy of the communication simultaneously to the applicant's
representative.
(2) (U) Correspondence and Evidence
of Attorney/Representative Relationship: As noted above, when a letter
is received from an attorney in the United States and you are reasonably
satisfied that an attorney-client relationship exists, correspondence between
the post and the attorney may be treated with the same courtesy as provided to
the visa applicant. Reasonable evidence establishing the attorney-client
relationship may include:
(a) (U) Form G-28, Notice of
Entry of Appearance as Attorney or Representative, required for practicing before
DHS;
(b) (U) A printed letterhead
stationery showing membership in the legal profession (member of a U.S. State
or District of Columbia bar association practicing in the United States) and
stating that such an attorney has been retained or employed to represent the
applicant; or
(c) (U) A letter from the
applicant that identifies the attorney or representative with whom the
applicant established such relationship.
(3) (U) Local or U.S.-Licensed
Attorneys Practicing Abroad: You must extend to a U.S. attorney who has
been practicing abroad and is a member of a State bar association or to a local
attorney-at-law, the same courtesies in correspondence that are extended to an
attorney practicing in the United States, provided you are satisfied that the required
relationship exists.
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9 FAM 601.7-4 Unavailable
(CT:VISA-646; 07-24-2018)
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9 FAM 601.7-5 (U) Cables
(CT:VISA-843; 06-04-2019)
a. (U) Appropriate Use of Cables:
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9 FAM 601.7-6 (U) Sample Letter
to Attorney/Representative
(CT:VISA-326; 04-07-2017)
a. (U) Sample Letter:
THE FOREIGN SERVICE OF THE UNITED STATES OF AMERICA
[post name, address]
[date]
[attorney name, address]
Ref:
Dear Attorney:
Consular Section files indicate that you are the
attorney of record for the above named visa applicant. For your information:
( ) 1. A visa was issued to your client (and to any
accompanying family members) today.
( ) 2. The consular officer did not approve issuance
of a visa as indicated on the attached copy of the refusal letter.
( ) 3. Upon obtaining the document(s) indicated on
the attached refusal letter, your client may call at this office for a review
of the case.
Sincerely Yours,
Consular Officer
Enclosure: As stated
b. (U) Editable Letter: For an
editable version of ATTORNEY/REPRESENTATIVE LETTER please see the
attorney/representative letter.