9 FAM 603.2
(U) Releasing Visa Information
(CT:VISA-939; 09-16-2019)
(Office of Origin: CA/VO/L/R)
9 FAM 603.2-1 (U) Related
statutory and regulatory Authorities
9 FAM 603.2-1(A) (U)
Immigration and Nationality Act
(CT:VISA-61; 02-25-2016)
(U) INA 222(f) (8 U.S.C. 1202(f)).
9 FAM 603.2-1(B) (U) Code of
Federal Regulations
(CT:VISA-61; 02-25-2016)
(U) 22 CFR 40.4.
9 FAM 603.2-1(C) (U) Other
Statutory Authority
(CT:VISA-317; 04-06-2017)
(U) Freedom of Information Act
(FOIA) (5 U.S.C. 552 et seq.); and the Privacy Act (5 U.S.C. 552a et seq.).
9 FAM 603.2-2 (U) Releasing visa
information Overview
(CT:VISA-317; 04-06-2017)
a. (U) General Guidelines, Resources:
Department authorization is often required prior to release of visa-related
files, records and information; other procedures may also be required to ensure
accountability for release of information. See 9 FAM 603.2
sections below to verify whether advisory opinion (AO) requests or other
actions are required prior to release of visa-related information. See also 9 FAM 603.1
for information on protecting visa information, and 9 FAM 601.7
on visa correspondence.
(1) (U) Sharing Information with the
Department and other Consular Sections: See 9 FAM 603.2-4.
(2) (U) Sharing Information With
Congress: See 9 FAM 603.2-5.
(3) (U) Sharing Information With
Other U.S. Departments, Agencies or Entities: See 9 FAM 603.2-6.
(4) (U) Sharing Information With
Foreign Courts or Governments: See 9 FAM 603.2-7.
(5) (U) Sharing Information With Visa
Applicants: See 9 FAM 603.2-8.
(6) (U) Sharing Information With
Attorneys or Other Representatives of Record: See 9 FAM 603.2-9.
(7) (U) Sharing Information With
Third Parties: See 9 FAM
603.2-10.
b. (U) Protecting Other Agencies
Information from Unauthorized Release: Posts may not disclose
information obtained from other agencies without the approval of the agency
that provided the information. This is often referred to as the "third
agency rule."
c. (U) Releasable Visa-Related
Information: Copies of unclassified, non-SBU pages of 9 FAM or
unclassified documents containing general information relating to visa
procedural instructions are releasable since they are not considered visa
records for the purposes of INA 222(f). (See 9 FAM 603.1-2
for more on what makes up a visa record.)
d. (U) Avoiding Abusive Use of
Information Released: See 9 FAM
603.2-7(C) paragraph e on the necessity of working to prevent the abusive
use, or unauthorized release, of visa-related information.
e. (U) Effect of Unethical Conduct by
Intermediaries on Release of Visa Documents and Information:
(1) (U) Intermediaries Other than
Attorneys and U.S. Agents: All or part of the privileges related to
release of visa-related information may be denied to any intermediary, other
than an attorney, who is an alien established abroad or to any category of
alien intermediaries (for example, consultants, travel agents, etc.), other
than an attorney, who you have reason to believe has been engaged in unethical
or fraudulent conduct during the visa process. The post must report any such
decision to the Department with an explanation. However, you may accept
documents from an agent if such documents were requested from the visa
applicant, as an individual could easily mail the documents to you as having
been submitted by the visa applicant.
(2) (U) Attorneys and Intermediaries
Based in the United States: In cases where the principal consular
officer believes that all or any part of the privileges indicated herein must
be denied to any attorney or U.S.-based representative because of unethical
conduct or for other good reason, you must submit a cable slugged for "CA/VO;
CA/VO/L/A; CA/VO/F; CA/FPP." The report must contain the reasons for
denial of privileges and the proposed reply to the attorney or U.S.-based
representative, for the Department's final determination. In addition, if the
individual in question has previously been the subject of a communication from
the Department regarding unethical or fraudulent activity, you must make
reference to such communication.
9 FAM 603.2-3 (U) Freedom of
Information Act and Privacy Act Disclosures
(CT:VISA-61; 02-25-2016)
a. (U) The Freedom of
Information Act (FOIA) (5 U.S.C. 552 et seq.) generally provides for access by
the public to the records maintained by Federal agencies. The Privacy Act (5
U.S.C. 552a et seq.) generally protects the records maintained by Federal agencies
on individual U.S. citizens and Lawful Permanent Residents (LPRs) from
disclosure, but provides for access to such records by the individual citizen
or LPR.
b. (U) Visa records are
confidential under INA 222(f) and are generally not releasable under FOIA or
the Privacy Act unless the document was submitted by or sent to the requesting
party. See 9 FAM
603.2-3(A) for information on release of information under FOIA, and 9 FAM
603.2-3(B) for information on release of information under the Privacy Act.
9 FAM
603.2-3(C) provides guidance on handling requests for information under
either FOIA or the Privacy Act.
c. (U) See also 9 FAM 603.2-8
on releasing information to visa applicants, 9 FAM 603.2-9
on releasing information to attorneys, and 9 FAM 603.2-10
on releasing information to third parties.
9 FAM 603.2-3(A) (U) Release of
Visa Information Under the Freedom of Information Act
(CT:VISA-61; 02-25-2016)
a. (U) Who May Request Visa Records or
Information Under FOIA: U.S. citizens and aliens, resident in the
United States or abroad (except fugitives), and corporations or foreign
governments may request information under the Freedom of Information Act
(FOIA). Furthermore, the requester is not required to establish a particular
need or basis for the request. Copies of Government records may be obtained
through FOIA request unless the information requested falls within one or more
of FOIAs nine exemptions.
b. (U) FOIA Exemption From Release of
Visa-Related Information:
(1) (U) It has been determined
that visa records and information contained in a visa applicant's file are
statutorily exempt from release under FOIA provisions.
(2) (U) FOIA exempts from its
general mandate of disclosure matters which are specifically exempted from
disclosure by statute, provided that such statute:
(a) (U) Requires that the
matters be withheld from the public in such manner as to leave no discretion on
the issue, or
(b) (U) Establishes particular
criteria for withholding or refers to particular types of information to be
withheld.
(3) (U) The language of INA
222(f) provides in part that: "records of the
Department of State and diplomatic and consular offices of the United States
pertaining to the issuance or refusal of visas or permits to enter the United
States shall be considered confidential and shall be used only for the formulation,
amendment, administration, or enforcement of the immigration, nationality, and
other laws of the United States
9 FAM 603.2-3(B) (U) Release of
Visa Information Under the Privacy Act
(CT:VISA-61; 02-25-2016)
a. (U) Who May Receive Information and
Records Under the Privacy Act of 1974: It has been determined that INA
222(f) is also an exemption to the Privacy Act. Therefore, individuals, such
as U.S. citizens and Lawful Permanent Residents (LPRs), who might otherwise be
able to obtain government records relating to themselves under the Privacy Act,
cannot do so if the records are Department of State visa records covered by INA
222(f), unless the records fall within an exception to INA 222(f). In other
words, a Privacy Act waiver does not allow the release of visa records that are
confidential under INA 222(f).
b. (U) Releasing Visa Records to
Parents of a Minor Child: A U.S. citizen parent, an LPR parent, or a
non-LPR alien parent may request access to his or her minor U.S. citizen or LPR
child's records under the provisions of the Privacy Act. If the parents of the
minor are divorced, the fact that the requesting parent has not been awarded
custody of the child has no bearing on the parent's right of access to the
minor's file. Consequently, if the information is releasable to the minor
child, it is also releasable to that child's parent provided the parent
presents proof of such relationship. Additionally, visa records that are
releasable to the applicant, such as copies of the DS-160 that the applicant
submitted, are also releasable to the parents of a minor visa applicant.
c. (U) Exception to Privacy Act
Prohibition Against Disclosure Where Danger to Health or Safety Is Involved:
The Privacy Act gives the Department considerable latitude to release documents
or information pertaining to a citizen or an LPR to a third party in situations
where the health or safety of the citizen or LPR would be in jeopardy without
the release. Consequently, the Department supports a liberal interpretation
with regard to the release of information in such situations.
9 FAM 603.2-3(C) (U) Handling
Requests for Release of Information Under FOIA and the Privacy Act
(CT:VISA-317; 04-06-2017)
a. (U) Consular Officer Handling of
FOIA and Privacy Act Requests:
(1) (U) With the exception of
requests mentioned in 9 FAM 603.2-8
paragraph f, in any case where a request for release of documents or
information contained in a visa applicant's file specifically makes reference
to the FOIA or Privacy Act, you should advise the requester that if they wish
to pursue the matter, they must submit the request in writing to:
Office of Information Programs and Services
(A/GIS/IPS)
515 22nd Street NW, Room 8100, SA-2
Department of State
Washington, DC 20522-6001
(2) (U) At the same time, you
must also inform the requester that visa records are confidential under INA
222(f) and are generally not releasable under FOIA or Privacy Act unless the
document was submitted by or sent to the requesting party. Therefore, persons
requesting visa information under the FOIA or Privacy Act generally will only
be able to obtain documents that they have already seen.
b. (U) Department Handling of FOIA
Requests:
(1) (U) The Information and
Privacy Coordinator serves as a control point for disseminating FOIA requests
for adjudication by appropriate offices; i.e., CA/VO/L/A for requests relating
to visa files.
(2) (U) When the Department
receives a FOIA or Privacy Act request relating to visa records, the
Departments FOIA/PA office, Office of Information Resources Management
Programs and Services (A/GIS/IPS) will task the relevant post(s) (as well as
VO, NVC, and KCC, if appropriate) to search their records for responsive
documents and to send documents that fit the description to the request, regardless
of whether post believes the documents may be protected by INA 222(f) and
exempt from release.
(3) (U) A/GIS/IPS will then
forward the visa records produced by posts to CA/VO/L/A, which will review the
documents and determine what, if any, documents may be released consistent with
INA 222(f) and relevant FOIA and Privacy Act exemptions. In general, the
Department will only be able to release to the visa applicant or his or her
representative those documents that were submitted by or provided by the applicant
in the course of processing the visa application.
c. (U) See also 9 FAM 603.2-8
regarding sharing visa information with applicants and 9 FAM 603.2-9
regarding sharing visa information with applicants attorneys or
representatives of record in non-FOIA and -Privacy Act situations.
9 FAM 603.2-4 (U) Sharing Visa
Information with Department and Other Consular Sections
(CT:VISA-61; 02-25-2016)
(U) Sharing of visa records within
the Department and with other consular sections is governed by CA policy, which
states that access to any visa record is authorized only as required for the
performance of official duties.
9 FAM 603.2-5 (U) Sharing Visa
Information with Congress
(CT:VISA-454; 10-03-2017)
a. (U) Congressional
Requests regarding visa status: Consular posts
will likely receive congressional requests on visa applicants, such as the
status of visa case. See 9 FAM
603.2-10 for requests from a
Congressional office is clearly representing the interests of the applicant and
not those of a party who is adverse to the issuance of a visa the applicant.
See also 9
FAM 601.7-3 on correspondence with
Congressional offices and 9 FAM 601.7-5 paragraph c for an example of an electronic
response to a Member of Congress.
b. (U) Requests from Congressional
Committees: Under INA section 222(f), the State Department may transmit
visa records to a Congressional Committee or subcommittee under certain
conditions. First, a formal request must be made in writing by the chairperson
or ranking member of the committee or subcommittee. Second, the request must
indicate that the requested records will be used to support the formulation,
amendment, administration, or enforcement of U.S. law. For instance, the
Committees on the Judiciary, Homeland Security, and Foreign Relations have
jurisdiction over immigration matters, and therefore requests for visa records
from these committees are likely to be for the purpose of the formulation or
amendment of U.S. law relating to immigration.
9 FAM 603.2-6 (U) Sharing Visa
Information with Other U.S. departments, Agencies or Entities
9 FAM 603.2-6(A) (U) General
Guidance
(CT:VISA-317; 04-06-2017)
a. Unavailable
b. (U) Providing Copies of Items in
Visa Records to Other Agencies, or for Use in Courts:
(1) (U) If the Bureau of Diplomatic
Security (DS), another section of the Department, or another U.S. Government
agency needs copies of items in a visa record, the requesting agency must
submit a memorandum for the posts files identifying the documents needed and
specifying why they are needed in connection with the enforcement or
administration of U.S. law.
(2) (U) In addition, if
original documents are required, the requesting office or agency must explain
in its memorandum why an original is required and give assurances that the
original will be returned if practicable. The memorandum must also affirm that
chain of custody will be maintained, the originals and any copies will be
securely stored, and any use or disclosure will be exclusively for U.S. Federal
law enforcement purposes. The memorandum must also identify the office and
officer to which custody is being transferred.
(3) (U) With one exception
(see paragraph (4) below), originals can only be released pursuant to an AO
request, slugged for action by Consular Affairs Office of Legislation and
Advisory Opinion (CA/VO/L/A) and the Office of the Assistant Legal Adviser for
Consular Affairs (L/CA). If the request is approved, you must obtain a
certified copy of the document prior to its release. The releasing officer must
also inform the requesting agencys employee of the confidentiality of
information contained in visa records.
(4) (U) AO approval is not
required in cases where DS has certified in its memorandum that the reason the
original is required is that it is for forensic analysis or that it is
immediately needed as possible evidence with respect to an internal
investigation. In such cases approval may be presumed and post should make a
certified copy of the record to be maintained in the file, along with the
original DS memorandum, a copy of which is to be forwarded to CA/VO/L/A
immediately.
9 FAM 603.2-6(B) (U) Release of
Visa-Related Information to the Department of Homeland Security
(CT:VISA-61; 02-25-2016)
a. (U) In general, visa records
may be released to DHS officers with an official need to know, but only for
internal use, and only if the records are marked as visa records, confidential
under INA 222(f), and that further disclosure requires permission from the
Bureau of Consular Affairs. When DHS officers need to view CCD records, they
will normally use a CCD account issued to DHS and will not ask consular
sections to perform CCD searches. Any visa records released must be marked as
visa records, confidential under INA 222(f). The 222(f) disclaimer language in
the CCD is a convenient source for 222(f) disclaimer language.
b. (U) See 9 FAM
602.2-2(A)(2) for information on posts visa-related reports
(investigative, fraud, etc.) provided to the Department of Homeland Security
(DHS), and instructions on report preparation to ensure that visa-related
information is protected.
9 FAM 603.2-6(C) (U) Release of
Tax Information to the Internal Revenue Service
(CT:VISA-764; 04-22-2019)
a. (U) Information Relating to U.S.
Citizens or Lawful Permanent Residents (LPRs): Release of information
from U.S. tax forms by a consular officer to the IRS where fraud is suspected
by the officer falls within the routine use exception to the Privacy Act
adopted by the Department with reference to all of its systems of files.
(1) (U) Therefore, in any case
in which a consular officer comes into possession of information that leads the
officer to conclude that a violation or potential violation of U.S. tax law may
have occurred with respect to any person, the officer may refer the information
to the IRS.
(2) (U) You may release information
concerning any individual to the IRS for internal use only at the IRS's request
in a specific case, when the IRS states that a violation or potential
violation of U.S. law may have occurred. Any proposed search of consular files
by IRS employees would require approval of the Department.
b. (U) Record-Keeping Requirement:
In cases involving the release of information to the IRS relating to a U.S.
citizen or LPR, you must maintain with regard to each disclosure a
name-retrievable record of the disclosure, showing the nature of the
information disclosed and the date and purpose of disclosure.
c. (U) Requests Relating to
Nonresident Alien Files: You may release information pertaining to
nonresident aliens to the IRS at that agency's request or upon your initiative,
provided you are satisfied that the information will be used in the
administration and enforcement of U.S. law.
9 FAM 603.2-6(D) (U) Release of
Visa Information Based on U.S. Court Requests
(CT:VISA-61; 02-25-2016)
a. (U) INA 222(f)(1) allows for
discretionary release of information from, or certified copies of, visa records
by the Secretary of State in cases where a U.S. court certifies that documents
from a visa record are necessary in cases pending before the court involving
such visa record.
b. (U) You must refer to
CA/VO/L/A by email any U.S. court request for copies of documents or
information contained in a visa file and include copies of or references to the
requested documents. Upon receipt of the certified copies of the documents
and/or information requested by the court, the Department will review the
material and if deemed appropriate, forward the records to the interested
courts.
9 FAM 603.2-7 (U) Sharing Visa
Information with Foreign Courts or Foreign Governments
9 FAM 603.2-7(A) (U) Overview
(CT:VISA-939; 09-16-2019)
a. (U) General Framework: INA
222(f) authorizes the Department to release of information from, or certified
copies of, visa records (hereinafter "visa record information") to
foreign courts or foreign governments in the following circumstances:
(1) (U) Court Certification: Where
a foreign court certifies that documents from a visa record are needed in the
interest of the ends of justice in a case pending before the court (INA
222(f)(1)) (see 9 FAM
603.2-7(B)). Note that this is the same standard for U.S. courts. See 9 FAM
603.2-6(D), above;
(2) (U) Administration or Enforcement
of U.S. Law: Where release would further the administration or enforcement
of U.S. law (opening text of INA 222(f)) (see 9 FAM
603.2-7(C) and (C)(1)); or
(3) (U) Discretionary Sharing Based
on Reciprocity: With regard to information from CLASS or, if necessary
and appropriate, other related visa records, for use by a foreign government,
(a) (U) with regard to
individual aliens, on a case by case basis, to prevent, investigate or punish
an act that would constitute a crime in the United States, including but not
limited to terrorism, trafficking in controlled substances, persons, or illicit
weapons (INA 222(f)(2)(A)) or,
(b) (U) pursuant to a very
limited number of agreements with other countries (which have been found to
demonstrate reciprocity) to prevent, investigate or punish acts that would
constitute a crime in the United States, or to deny visas to persons who would
be inadmissible to the United States (INA 222(f)(2)(B)). (See 9 FAM
603.2-7(C) and (C)(1).)
(c)
(U) For requests for visa records from the governments of Canada,
Australia, New Zealand, or the United Kingdom, please see 9 FAM
603.2-7(C)(1) paragraph c(2), which further elaborates on subsection
(a)(3)(b) immediately above.
b. Unavailable
(1) (U) Privacy Act Protections for
Information on U.S. Citizens and Lawful Permanent Residents (LPRs): Any
release of visa records under INA 222(f) to foreign courts or foreign
governments is limited by applicable Department Privacy Act guidelines and
regulations. You may release information obtained from visa records regarding a
person who is a U.S. citizen or an alien lawfully admitted for permanent
residence only in conformity with applicable Department Privacy Act guidelines
and regulations, including accounting-of-disclosure provisions. Where the
information in question is obtained from nonimmigrant visa records, you may
assume that the subject individual is not a U.S. citizen or permanent resident
alien, unless you have knowledge to the contrary. Where the information is
obtained from records regarding an issued immigrant visa, however, you should
assume that the subject individual is a U.S. citizen or permanent resident
alien, unless you have knowledge to the contrary.
(2) Unavailable
(3) Unavailable
9 FAM 603.2-7(B) (U) Foreign
Court Requests
(CT:VISA-939; 09-16-2019)
a. Unavailable
b. Unavailable
c. Unavailable
d. Unavailable
e. Unavailable
9 FAM 603.2-7(C) (U) Procedures
for Release of Information to a Foreign Government
(CT:VISA-939; 09-16-2019)
a. Unavailable
(1) Unavailable
(2) Unavailable
(a) (U) Post may release such
information pursuant to a routine anti-fraud program at a Foreign Service post only
pursuant to the express approval of the chief or deputy chief of the consular
section; and
(b) (U) You must be satisfied
that the information will be used only for purposes that will further the
enforcement or administration of U.S. laws, and will not be provided to a court
or otherwise used in a court proceeding.
(c) Unavailable
(3) Unavailable
(a) Unavailable
(b) Unavailable
(c) Unavailable
(d) Unavailable
(e) Unavailable
(f) Unavailable
(g) Unavailable
(h) (U) You must keep the Office
of Fraud Prevention Programs (CA/FPP) advised of all fraud matters, including
releases of information pursuant to this section.
(4) Unavailable
(a) Unavailable
(b) Unavailable
(c) Unavailable
(d) Unavailable
b. (U) Obtain foreign government
acknowledgement: Prior to releasing information from visa records to
foreign law enforcement or other authorities for investigative or other purposes
discussed in 9
FAM 603.2-7, post should obtain a written acknowledgement from the foreign
official who would be the recipient specifying that the information:
(1) (U) Will be treated as
confidential; and
(2) (U) Will not be used in a
foreign court proceeding unless post has obtained Department approval
(including from CA/VO/L/R and L/DL) that specifically contemplates that the
information will be used in a foreign court proceeding.
(3) (U) If advance written
notice from the foreign government is not practicable (generally because of the
urgency and importance of a matter) and you are satisfied based upon past
interactions that the foreign government will treat the information as
confidential, you may release the information. However, you must explicitly premise
the foreign governments use of the information on the understanding that the
government will treat the information as confidential and will neither
disseminate the information further nor use the information for any purpose(s)
other than the authorized purpose. You must also include language on
inviolability as specified in 9 FAM
603.2-7(C) paragraph c (immediately below).
c. (U) Limited Waiver of
Inviolability: In releasing records to a foreign government, post must
explain in writing that the release is without prejudice to any rights,
privileges, or immunities that the post or members of the post enjoy under
applicable laws or treaties.
If applicable, you must further explain that the
information is being provided for the purpose of preventing, investigating, or
punishing acts that would constitute a crime in the United States. The United
States has waived archival inviolability to release visa records to foreign
government authorities other than courts for routine anti-fraud purposes. Thus
you must transmit copies of documents released from visa files in these
circumstances under a cover letter that includes:
The [Embassy's and/or Consulate's] archives and
documents are inviolable at any time and wherever they may be. In the
circumstances of the present case, the U.S. Government expressly waives the
inviolability accorded the attached document(s) from such archives, but only
for the limited purpose of making the attached document(s) available to [name
of foreign government agency] for the purpose of [describe the purposes of
release]. Further dissemination requires the written consent of the United
States.
d. (U) Proactive
and Reactive Release of Information: The authority to release information
to a foreign government is not limited to action taken in response to a request
regarding an individual, but could include, in appropriate circumstances, the
proactive release of information. However, regardless of whether the other
government has requested visa record information in the particular case, a
consular officer may release such information only if the other government has
already provided post with written assurances in accordance with paragraph b above.
e. Unavailable
f. (U) Requests for Testimony:
See also 2 FAM
221.5 and 9 FAM
603.2-7(C)(2) for guidance on foreign government requests for Foreign
Service or Locally Employed staff testimony.
9 FAM 603.2-7(C)(1) (U)
Release to Foreign Government for Preventing, Investigating or Punishing
Terrorism or Other Criminal Activity (INA 222(f)(2)(A) and (B))
(CT:VISA-939; 09-16-2019)
a. (U) Overview of 222(f)(2)(A):
(1) (U) Pursuant to section
222(f)(2)(A), the Department may approve the release of visa information on a
case-by-case basis, on the basis of reciprocity, to authorities of a foreign
government if there is reason to believe that the information will be of
assistance to the foreign government in preventing, investigating, or punishing
acts that would constitute a crime in the United States. Such acts include,
but are not limited to, terrorism or trafficking in persons, controlled
substances or illicit weapons.
(2) Unavailable
b. (U) Types of Information for
Release under 222(f)(2)(A) and (B):
(1) (U) Release of Information from
the CLASS Database: "[T]he Department of State's computerized visa
lookout database" in section 222(f)(2) should be considered to be a
reference to the CLASS database.
(2) (U) Release of Information from
Related Records When Deemed Necessary and Appropriate by the Department:
(a) (U) Related Records: For
purposes of section 222(f)(2)), the following types of documents are frequently
considered "other records covered by this section related to information
in the database":
(i) (U) Electronic records
(such as Consolidated Consular Database (CCD) or Modernized NIV System
documents) reflecting visa application, issuance, or refusal, or name check
data;
(ii) (U) Documents submitted
by a visa applicant or others relative to a visa application or a determination
of whether an alien should be ineligible for a visa;
(iii) (U) A print-out of the
DS-160;
(iv) (U) The applicant's
photograph;
(v) (U) The applicant's
fingerprints;
(vi) (U) A copy of a refusal
notice; and
(vii) (U) Any images of such
records maintained by electronic means.
(b) (U) "Necessary and
Appropriate" Release: The chief or deputy chief of the Consular
Section has authority to make a determination that the types of documents
listed in (a)(1)-(7) immediately above are other records covered by this
section related to information in the database and disclose these records,
without seeking an AO, where a written reciprocal arrangement or agreement is
in place, as set out in subparagraphs c(2)(a) and c(2)(b) below. In all other
cases, CA/VO/L/R will determine, pursuant to an AO request, whether it is
"necessary and appropriate" to release "related records."
c. Unavailable
(1) Unavailable
(2) Unavailable
(a) Unavailable
(b) Unavailable
(c) Unavailable
(3) Unavailable
(a) Unavailable
(i) Unavailable
(ii) Unavailable
(A) Unavailable
(B) Unavailable
(iii) Unavailable
(b) Unavailable
(i) Unavailable
(ii) Unavailable
(c) Unavailable
(i) Unavailable
(ii) Unavailable
(iii) Unavailable
(d) Unavailable
(i) Unavailable
(ii) Unavailable
(iii) Unavailable
(iv) Unavailable
(v) Unavailable
(vi) Unavailable
(vii) Unavailable
(viii) Unavailable
(ix) Unavailable
(e) Unavailable
9 FAM 603.2-7(C)(2) Unavailable
(CT:VISA-939; 09-16-2019)
Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
9 FAM 603.2-8 (U) Releasing visa
records or Information to Visa Applicants
(CT:VISA-317; 04-06-2017)
a. (U) Providing Information to
Applicants: Posts must reveal information in visa records in
communicating with a visa applicant regarding such matters as unfulfilled
documentary requirements, basic reasons for findings of ineligibility except as
provided in paragraph b below, availability of waiver relief, etc. Such
release of information in visa records is consistent with the INA 222(f)
provision that visa records may be used for the administration of U.S.
immigration laws, provided such use is confined to what is operationally
necessary to assure the orderly processing of a visa case. Posts may not
disclose information that is classified or law enforcement sensitive/SBU, and
may not speculate as to the outcome of any visa adjudication. Posts also may
not disclose information obtained from other agencies without the approval of
the agency that provided the information.
b. (U) Refusal to Release Information
for Security Grounds: If an alien was refused a visa for security
grounds, you must confine the statement of the reasons for the refusal to a
reference to the law or to the Code of Federal Regulations. In no case must
the post release information of a confidential nature to the interested party.
c. (U) Non-FOIA or Non-Privacy Act
Requests from Applicant: Requests from an applicant or his or her
representative for documents or information from the applicant's visa record
which do not make reference to the FOIA, nor the Privacy Act, and which do not
appear to bear any relation to the current adjudication of a case e.g., visa
was already issued or long since denied, may be honored to the extent provided
in paragraphs (d) and (e) below.
d. (U) Documents Releasable to
Applicant: The documents listed below are deemed releasable to an
applicant as they constitute the applicant's original source documents.
Consequently, returning the following documents to the applicant does not
violate the INA 222(f) requirement of confidentiality. These documents
include:
(1) (U) Correspondence
previously sent to or given to the applicant by the post;
(2) (U) Civil documents
presented by the applicant (see paragraph (f) below); and
(3) (U) Visa applications and
any other documents, including sworn statements, submitted by the applicant to
you in the form in which they were submitted; i.e., with any remarks or notations
by U.S. Government employees deleted.
e. (U) Only Copies May be Released:
With the exception of item (2) in paragraph d above (see paragraph f below for
instructions on the release of civil documents), post may release only copies
(certified or otherwise) of the documents listed in the Note/paragraph d above
and must retain the originals in the visa file.
f. (U) Release of Civil Documents, or
Copies Thereof, in Visa Records:
(1) (U) You may honor requests
for copies of civil documents, such as birth, death, or divorce certificates
submitted by an alien in support of a visa if these requests are made by the
alien, or his or her attorney or other representative of record.
(2) (U) In addition, except in
cases where the requested document generated a finding of ineligibility, for
example by being fraudulent, posts may release the original of a civil document
retained in a visa file to an interested party. However, before original civil
documents may be released, the post must make a copy of the documents for
retention in its files.
(3) (U) If the requested
documents are not available, as in many cases where immigrant visas have been
issued, the post must indicate in its reply that since the documents were
attached to the immigrant visa, copies may be obtained upon application to the
DHS district office holding the alien's file.
9 FAM 603.2-9 (U) Releasing Visa
Records or Information to Attorney and Other Representatives of Record
(CT:VISA-61; 02-25-2016)
a. (U) Attorney or Representative of
Record Relationship:
(1) (U) Verifying Relationship:
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.
(2) (U) Doubts: In cases
where you have reasonable doubt as to the attorney's claim of representation, you
should inform the visa applicant of such a claim and request confirmation of
the attorney's legal representation.
(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.
(4) (U) Inquiries Concerning Attorney
Representation: Each post has the discretion to establish its own
policies regarding the extent to which attorneys and other representatives may
have physical access to the Consulate or attend visa interviews, taking into
consideration such factors as a particular consulates physical layout and any
space limitations or special security concerns. Whatever policies are set must
be consistent and applied equally to all. For example, either all attorneys at
a particular post must be permitted to attend consular interviews or all
attorneys must be prohibited from attending interviews.
b. (U) Corresponding With
Representative of Record: 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 (see 9 FAM 603.2-8),
provided the post sends a copy of the communication simultaneously to the
applicant's representative. If the representative inquires about the reasons
for refusal of a visa, the delay in issuing the visa, or any other aspects of a
visa case, the reply must contain only pertinent facts which are unclassified.
c. Unavailable
d. (U) Sample Letter to an
Attorney Regarding Case Status:
You can use the ATTORNEY CASE STATUS LETTER to inform an attorney of record of the status
of a visa application. The following is a sample text of the ATTORNEY CASE
STATUS LETTER:
[Address]
[date]
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
9 FAM 603.2-10 (U) Releasing
Visa Records or Information to Third Parties
(CT:VISA-317; 04-06-2017)
a. (U) Other Parties Requests for
Information:
(1) (U) When a post receives a
non-FOIA and/or Privacy Act-related request for information on a specific visa
case which is currently in process or under review and the request comes from a
party other than the applicant or the applicant's attorney or other
representative of record, you must determine whether there is a valid basis for
the party's interest in the case. If the interested party can satisfy you that
a legitimate basis exists in the applicant's case or if the applicant has
authorized such party to receive information about the case, you may use
information in the alien's visa record in responding to the interested party's
inquiries. Readily established kinship to the applicant is an acceptable basis
for personal interest in a visa case.
(2) (U) Congressional
correspondence regarding an alien's visa case also qualifies the inquirer as
having a legitimate interest in the case, as long as the Congressional office
is clearly representing the interests of the applicant and not those of a party
who is adverse to the issuance of a visa to the applicant. See 9 FAM 603.2-5
for additional information on sharing visa information with Congress, and 9 FAM 601.7-3
on correspondence with Congressional offices.
(3) (U) If there is a question
regarding the qualification of any particular organization that the visa
applicant has designated as the representative for the visa case, you must
submit a request for an AO to CA/VO/L/A.
b. (U) Requests by Person Other than
Visa Applicant Where No File Exists or No Information on File:
Generally, post may inform an inquirer, whether official or nonofficial, that
the visa record in question does not exist, if such is the case. In these
instances, if the case was submitted as a FOIA or Privacy Act request, the post
need not refer it to the Department unless the Department, NVC, KCC, or some
other post has a file containing this information.
c. (U) Withholding Information:
All restrictions imposed on the release of items from visa records to the
applicant are applicable to interested "other party" requests. (See 9 FAM 603.2-8.)
In addition, you must use discretion in determining whether to reveal
information that might cause embarrassment to the applicant. For example, you
may decide to refer only to INA 212(a) in an INA 212(a)(2)(D) refusal.
However, when specific information regarding a case is being declined, you may
suggest that the requester communicate directly with the visa applicant for
more specific details.
d. (U) Visa Records Verification:
Pursuant to anti-fraud efforts, post may try to verify the bona fide nature of
documents presented in connection with visa applications or the veracity of
statements made by the applicants. Such verification requires of necessity
that information and documents from visa records be brought to the attention of
the parties from whom verification is sought. This use of documents and
information is authorized under INA 222(f) since it promotes the administration
and enforcement of U.S. immigration law. You must limit disclosures to those
portions of the visa record that are suspect and to persons who may reasonably
be considered to be in position to assist in the verification. You must assure
that copies rather than originals are shown to the party from whom verification
is requested.