9 FAM 203.5
(U) Casework and processing for v92 Follow-to-Join Asylees
(CT:VISA-3007; 12-06-2024)
(Office of Origin: CA/VO)
9 FAM 203.5-1 (U) INTRODUCTION to V92 Follow to Join Asylees
(CT:VISA-1997; 05-31-2024)
a. (U) Definition of an Asylee: An asylee is a noncitizen in the United States who is found to be unable or unwilling to return to their country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution. Persecution or the fear of must be based on the individual's race, religion, nationality, membership in a particular social group, or political opinion. Persons who have ordered, incited, assisted, or otherwise participated in the persecution of others are excluded from the refugee definition. For persons with no nationality, the country of nationality is the country in which they last habitually resided. Asylees are eligible to adjust to LPR status after one year of continuous presence in the United States.
b. (U) Applying for Asylum:
(1) (U) Affirmative Application: With a few exceptions, a noncitizen already in the United States may affirmatively apply for asylum irrespective of status. Decisions on whether to grant asylum to noncitizens who have affirmatively filed an asylum application are made by USCIS.
(2) (U) Defensive Application: The Executive Office for Immigration Review (EOIR) at DOJ governs the adjudication of applications for asylum made defensively in removal proceedings before an immigration judge.
c. (U) Visas 92:
(1) (U) What does Visas 92 mean? The spouse or child of an approved Form I-730 filed by the principal asylee is often referred to as a follow-to-join asylee (FTJ-A), or a “Visas 92” or V92 beneficiary.
(2) (U) Spouse or Child: A Form I-730 may be filed on behalf of either a spouse or a child as defined, respectively, in INA 101(a)(35) and INA 101(b)(1)(A-E) (see definitions in 9 FAM 102.8-1 and 9 FAM 102.8-2). A separate Form I-730 must be filed for each qualifying family member. See 9 FAM 203.5-8 below for guidance for when a child is born after a petitioner is granted asylum.
(3) (U) Other Familial Relationships Not Eligible: A parent, sibling, grandparent, grandchild, uncle, aunt, nephew, niece, cousin, or in-law does not have a qualifying relationship, and is not eligible for V92 status. In certain circumstances where an individual does not have the requisite relationship to the petitioner to qualify for follow-to-join benefits, humanitarian parole may be an option. See 9 FAM 202.3-3(B)(1) for more information on humanitarian parole.
9 FAM 203.5-2 (U) eligibility for V92 follow to join asylee status
(CT:VISA-1951; 03-19-2024)
a. (U) Eligibility Guidelines: To be eligible to travel to the U.S. as a family member of an individual granted asylee status:
(1) (U) The beneficiary must establish their identity and a qualifying relationship with the asylee (see 9 FAM 203.5-2 paragraph c below);
(2) (U) The beneficiary must be determined to not be subject to any bars, or inadmissibilities, or reasons for denial of their case, unless such issues have been satisfactorily resolved (see 9 FAM 203.5-9 below).
b. (U) Not Required to Establish Fear of Persecution: V92 beneficiaries are eligible for derivative status based on their relationship to a principal asylee. They are not required to establish that they have been persecuted or have a well-founded fear of persecution on account of race, religion, nationality, membership in a social group, or political opinion as described in the first sentence of the refugee definition at INA 101(a)(42). Similarly, the credibility of the petitioner’s original asylum claim is not within a consular officer’s jurisdiction to revisit. See 9 FAM 203.5-13 for guidance on cases in which information presented by the beneficiary indicates significant issues with the petitioner’s asylee claim.
c. (U) Resettlement Bar Does Not Apply: Unlike a principal asylum applicant, V92 beneficiaries may be eligible for derivative status, even if they are firmly resettled in another country since the firm resettlement bar does not apply to them.
d. (U) Do Not Need to be Same Nationality as Petitioner: These beneficiaries also need not be the same nationality as the Form I-730 petitioner and may reside in their country of nationality or any other country.
e. (U) Effect of Death of Petitioner on Beneficiary:
(1) (U) A beneficiary is ineligible for Form I-730 benefits if the petitioner dies before the beneficiary’s arrival to the United States. In such circumstances, the beneficiary should not be issued travel authorization. Instead, the officer should obtain a death certificate or other evidence of the petitioner’s death and return it along with the Form I-730 via the NVC to USCIS for the case to be reopened and denied (see 9 FAM 203.5-17 on consular returns, below).
(2) (U) In some circumstances, the beneficiary may apply for humanitarian parole with USCIS to travel to the United States. See 9 FAM 202.3-3(B)(1) for more information on humanitarian parole.
f. (U) Previous Grant of Asylum for V92 Beneficiary: Even if a V92 beneficiary is a spouse or unmarried child of the petitioner and meets the criteria for relationship eligibility, the beneficiary is not eligible to derive status if they were previously granted asylum status (see INA 207(c)(2)(A) and INA 208(b)(3)(A)).
9 FAM 203.5-3 (U) ROLES IN V92 CASES
(CT:VISA-1951; 03-19-2024)
a. (U) USCIS and Consular Authorities:
(1) (U) As a matter of law, authority to adjudicate and process affirmative asylum applications, including Form I-730 follow-to-join derivatives of asylees, rests exclusively with DHS. See INA 207, INA 208 and 6 U.S.C. 271.
(2) (U) USCIS is the DHS administering agency, and USCIS has primary responsibility for Form I-730 petition adjudications of follow-to-join asylees interviewed by consular officers.
(3) (U) The Executive Office for Immigration Review of DOJ also adjudicates asylum applications filed defensively or referred by USCIS but does not adjudicate Form I-730 petitions for derivative asylee status.
(4) (U) USCIS Service Center Operations Directorate (SCOPS) has primary responsibility for Form I-730 petitions filed by principal asylees and interviewed by consular officers.
(5) (U) Consular officers perform services on behalf of DHS/USCIS to facilitate V92 case processing abroad and to verify the eligibility of the approved beneficiaries, but not for adjudication of the Form I-730 petition. If you uncover information during case processing that suggests USCIS should not have approved a Form I-730 petition, you should return the case via the NVC to the appropriate USCIS office for further action, following the guidance in 9 FAM 203.5-17 for reporting information that calls into question whether the beneficiary is eligible for derivative asylum status.
9 FAM 203.5-4 (U) lifecycle of V92 cases interviewed by department of state
(CT:VISA-1997; 05-31-2024)
a. (U) Form I-730 Petition Filed with USCIS: The first step in the process is the filing of Form I-730, Asylee Relative Petition, for each qualifying relative with USCIS.
b. (U) Who Can File a Form I-730 for a V92 Application: The Form I-730, may be filed by an asylee who was granted asylum as a principal asylee either by USCIS or by DOJ's Executive Office for Immigration Review, or by an LPR who received such status based on either of the foregoing categories. A naturalized citizen is not eligible to file an I-730 petition; however, a Form I-730 already filed and pending upon the naturalization of an eligible asylee, or LPR, will continue to be processed. (see 8 CFR 207.7(d) and instructions to Form I-730, which are incorporated into the regulations in 8 CFR 103.2(a)(1)).
c. (U) When Must this Form Be Filed By: The Form I-730 must be filed within two years of the principal’s grant of asylum. USCIS can grant an extension of time to file for humanitarian reasons.
d. Unavailable
e. (U) Validity of Form I-730 Approval: An approved Form I-730 is valid indefinitely if the qualifying relationship between the petitioner and the beneficiary continues to exist and the beneficiary is found otherwise eligible to travel to the United States. The approved Form I-730 ceases to confer immigration benefits after it has been used by the beneficiary for admission to the United States as a derivative asylee (see 8 CFR 207.7(f)(3) and 8 CFR 208.21(d)).
f. (U) National Visa Center Processing (NVC): NVC receives the approved Form I-730 from USCIS, and manually creates a record of the case in IVIS, using the YY category for Visas 92.
g. Unavailable
h. (U) NVC forwards the hard-copy of the V92 file, including the approved Form I-730 petition, to the consular section which covers the area where the V92 beneficiary resides. If there is no post in the country of residence, the default location will be the designated visa processing post or the beneficiary's country of birth, if there is no address available on the petition, and the approved Form I-730 will be forwarded to that post.
i. (U) Once the hard-copy case file is transferred to the consular section, NVC sends the petitioner and, if applicable, the representative of record a Notice of Case Transfer indicating that the case has been sent abroad and that the consular section will be in contact to schedule the interview (see I-730 FTP). Per NVC's letter in cases where the petition is sent to a consular section, consular staff should contact the petitioner if unable to reach the beneficiary to schedule an interview.
9 FAM 203.5-5 (U) CONFIDENTIALITY IN V92 CASEWORK
(CT:VISA-1997; 05-31-2024)
a. (U) Overview: Department records related to V92 processing are “confidential” under INA 222(f) and use of these records is restricted to "the formulation, amendment, administration, or enforcement of immigration, nationality and other laws of the United States." With limited exceptions further described below, information regarding specific asylum cases may not be released to anyone other than the applicant and authorized third parties, except as needed by organizations directly involved in the refugee processing system or for use by Members of Congress who have need of the information for "the formulation, amendment, administration, or enforcement of immigration, nationality, or other laws of the United States." See 9 FAM 603.1 for additional information on protecting visa information.
(1) (U) Confidentiality in this context refers to its disclosure and releasability, not its security classification. See also 9 FAM 603.1-3.
(2) (U) Information contained in or pertaining to asylum applications and Form I-730 petitions, as well as a V92 petitioner’s underlying Form I-589 claims, are subject to confidentiality provisions detailed in 8 CFR 208.6. This regulation requires that DHS coordinate with the Department to ensure that the confidentiality of such records be maintained if they are transmitted to Department offices in other countries.
b. (U) Guidance on Release of Information:
(1) (U) Applicant Inquiries: A V92 petitioner/beneficiary may make a direct inquiry to the consulate responsible for the processing of their asylum application – orally or in writing – concerning the status of their case.
(2) (U) PRM, UNHCR, IOM, DHS, and Other Official Entity Inquiries: You may respond directly to oral or written inquiries about the status of cases made by PRM, UNHCR, and IOM, the sponsoring resettlement agency in the United States, or any other official entity such as a U.S. Embassy or DHS office that requires case information to facilitate processing of the case.
(3) (U) Congressional Inquiries: Case-specific information in response to telephonic inquiries from Members or their staffs may not be provided. No copies of documents or other items from a case file may be provided. Responses to case status inquiries should include a reminder that, pursuant to INA 222(f), the information:
(a) (U) is to be treated as confidential;
(b) (U) is being provided to them solely for "the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States;"
(c) (U) should not be shared with other Members of Congress or their staffs except as specifically needed for the above purposes; and
(d) (U) should not be released to the public.
(4) (U) If the incoming Congressional letter requests that the Embassy respond directly to a constituent or other third party, written consent from the applicant is required for you to provide the requested case summary information to the Member of Congress unless it relates to adjudication decisions made by DHS. Include the following statement: Pursuant to INA Section 222(f), , "The records of the Department of State and of 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 immigration, nationality, and other laws of the United States”. In accordance with law and policies governing the confidentiality of Department of State refugee processing records, we cannot provide information on specific refugee cases directly to your constituent. The asylum applicant or a third party authorized by the applicant to receive information may obtain information about the case by inquiring directly to the Resettlement Support Center handling the case. We appreciate your understanding of the Department's concern to ensure confidentiality in the V92 program.
(5) (U) Third Party Inquiries: Written inquiries, including emails, from U.S. Government law enforcement entities that do not specifically relate to adjudication decisions by DHS, but are made for official purposes, will not be answered with the requested information unless there is written consent from the applicant. Information in response to telephonic inquiries may not be provided.
(a) (U) Written inquiries for case status information from third parties such as attorneys or accredited representatives may be answered with the requested information if the request is accompanied by or preceded by a completed and signed Form G-28 or Form G-28I, which is issued by DHS.
(b) (U) The Form G-28 or Form G-28I must include complete and verified information, including signature, from the refugee applicant, as well as complete information, including signature, from the relevant third party such as attorneys or accredited representatives. You should ensure that the applicant’s signature on the form is verified against their signature on file, if available. Responses to case status inquiries may only be sent to the physical address or email address provided in the original Form G-28 or G-28I. Case status information in response to telephonic requests from third parties may not be provided.
(c) (U) There is not a defined validity for the G-28 or G-28I. However, it may be appropriate to check whether the G-28 or G-28I remains valid - whether the authorized third party remains the representative of the individual.
(6) (U) Written inquiries (including email) for case status information from other third parties, such as family members, may be answered with the requested information if the request is accompanied by or preceded by a letter from the applicant providing authorization that the information be shared with the third party. There is no specific format for this letter, but it must contain at a minimum the asylee applicant’s or V92 petitioner’s full name or V92 petition identifying details, along with the full name of the third party to whom the information may be released, and it must be signed by the applicant. You should ensure that the applicant’s or petitioner’s signature on the letter is verified against their signature on file, if available. The letter must also contain a physical address and/or email address for the authorized third party. Case status information in response to telephonic requests from third parties may not be provided.
(7) (U) The information that can be provided to an authorized third party is limited to case status information. Inquiries for other information regarding specific V92 petitions may not be provided to third parties, even if authorization has been provided.
c. (U) Use, Confidentiality of a V92 Petitioner’s Asylum Application:
(1) (U) Confidentiality of a V92 Petitioner’s Asylum Application:
(a) (U) The confidentiality requirements of 8 CFR 208.6 protect information contained in or pertaining to an asylum application from disclosure to a third party, including information that identifies an individual as the beneficiary of an approved Form I-730.
(b) Unavailable
(c) (U) In some circumstances, the I-589 petition may not be available, especially if an immigration judge granted the petitioner asylum. In these circumstances, continue processing the application to completion with the information provided. Contact the VO/F V92/V93 analyst if you have questions.
(d) (U) To comply with confidentiality directives, the sealed envelope must only be opened and reviewed by a consular officer. Staff, other than cleared Americans, are not permitted to have access to this information.
(e) (U) Regarding asylum confidentiality, the following-to-join beneficiary is a third party, and you must not reveal the fact that the petitioner applied for asylum status in the United States, or any other protected information contained in the petitioner’s asylee case record.
(2) (U) Using the V92 Petitioner’s Asylum Application to Verify Identity and Claimed Relationship:
(a) (U) A Form I-730 petitioner’s Form I-589 may provide information about the beneficiary’s family structure, the petitioner’s profession, places of residency, and dates of departure for the United States, which may assist the officer in formulating questions to verify beneficiary/petitioner relationship.
(b) (U) Officers must not use information in the petitioner’s Form I-589 to specifically probe the credibility of the petitioner’s asylum claim, even if, during the probing of the family relationship, possible fraud issues become apparent. See 9 FAM 203.5-13 for additional information on dealing with cases in which information presented by the V92 beneficiary indicates a significant factual inconsistency with information material to the petitioner’s asylum claim.
(3) (U) A V92 Petitioner’s Underlying Asylee Documents and the Travel Packet:
(a) (U) To protect the confidentiality of the petitioner’s underlying asylum application, these documents must not be included in the travel packets of V92 beneficiaries approved to travel to the United States. Rather, the petitioner’s Form I-589, Application for Asylum and Withholding of Removal, and accompanying statement should be shredded after the travel packet has been issued to the beneficiary, and after an officer has verified that they are copies and not original documents. The originals of these documents are available in the petitioner’s A-file in the event they are needed in the future.
(b) (U) If the case file is found to contain, in error, an original Form I-589 or petitioner statement, those documents must be sealed in an envelope and returned via the National Visa Center (NVC) to the appropriate USCIS office for interfiling in the petitioner’s A-file. An explanation of why the case documents are being returned should accompany the sealed envelope. Original documents must not be destroyed.
9 FAM 203.5-6 (U) V92 PRE-INTERVIEW PROCESSING
(CT:VISA-1997; 05-31-2024)
a. Unavailable
(1) (U) Upon receipt of the Form I-730 case from NVC, consular officers should: Stamp the hard-copy file with the date the case is received, and manually enter or update the beneficiary’s case in either IVO or NIV.
(2) Unavailable
(3) (U) Add a case note in IVO or NIV stating: “Case received by post on DATE.”
(4) (U) NIV System (Non-IVO Posts): Generally, if a post has IVO, V92 cases should be processed in IVO. For V92 cases where post does not have IVO, consular officers should enter the case data into the NIV Applicant Information window. Select YY (for V92 beneficiaries) as the visa class and select the following annotation from the dropdown menu: “Not a visa. Foil prepared at DHS request. May be boarded without transportation carrier liability. [A-Number].” The machine-readable visa (MRV) fee and reciprocity fees will default to 0 since there are no fees for asylee follow-to-join processing.
(5) (U) Enter Annotations: Annotate with the language: “Not a visa. Foil prepared at DHS request. May be boarded without transportation carrier liability. [A-Number].”
b. (U) Scheduling V92 Interviews:
(1) (U) Contacting Beneficiaries: The consular section should contact the V92 beneficiary immediately after receiving the Form I-730 and advise them of documentary and medical exam requirements and schedule an interview. You may draft your own letters for this purpose without Department approval.
(2) (U) Scheduling All Family Members at the Same Time: The Office of Admissions in PRM (PRM/A) recommends that consular section's search for multiple Form I-730 Asylee Relative Petitions filed by the same petitioner before scheduling the interviews. Petitions often are forwarded overseas at different times even though filed together. Separate interviews have sometimes been scheduled for beneficiaries, resulting in the separation of minor children from the parent. If possible, verify that no other family members are waiting for interview, and interview all family members together if they are in the same country.
(3) (U) Failure to Appear, Interview Scheduling Issues: Form I-730 beneficiaries must be given at least two opportunities to appear for interview before the case can be returned to USCIS via the NVC for lack of response or appearance pursuant to 8 CFR 103.2(b)(13). Case notes should clearly indicate these actions.
(a) (U) Notices: If a beneficiary fails to appear for the first scheduled interview, the consular section should issue a NOTICE OF FAILURE TO APPEAR FOR INTERVIEW (“final notice”) to both the beneficiary, the U.S.-based Form I-730 petitioner and, if applicable, the representative of record, explaining that failure to schedule and appear for a second interview will result in the case being returned to the Asylum Vetting Center for further action. All efforts to contact the beneficiary and petitioner should be fully documented in the case notes. The following guidelines also apply to those who are refused under INA 221g based on failing to furnish information as required by law or regulations.
(i) (U) If, in response to the final notice, a beneficiary appears for the scheduled interview, process the case to its conclusion.
(ii) (U) If after issuing the final notice, you are not contacted within six months (including the 45 days given in the final notice) by the petitioner or the beneficiary to schedule the second interview, return the case to USCIS via NVC as a consular return and inform the petitioner and beneficiary that the case has been transferred back to USCIS. The accompanying Consular Return Memo must detail all attempts by the interviewing office to contact the beneficiary and petitioner. A copy of all interview notification requests to the beneficiary and petitioner and related correspondence should be included with the memo.
(iii) (U) Prepare a Notice of Case Transfer, which indicates that the case is being returned via NVC to USCIS for further action.
(iv) (U) Update the IVO or NIV system with a case note indicating that the beneficiary failed to appear for two interviews, and that the case is being returned through the consular return process to NVC: “The beneficiary failed to appear for their first interview and failed to contact the consular section within 6 months after being issued a NOTICE OF FAILURE TO APPEAR FOR INTERVIEW. The Consular Return Memo was drafted on <date>, and the case is returning to NVC via consular return process.”
(v) (U) Electronically return the case to NVC by entering NVC in the electronic transfer field of IVO. In IVO, the case is set to “Transfer to NVC” status, and the hard-copy file is returned to NVC (see 9 FAM 203.5-17 for more on consular returns).
(b) (U) Re-Scheduling Request:
(i) (U) If a beneficiary responds to the NOTICE OF FAILURE TO APPEAR FOR INTERVIEW requesting further re-scheduling, you should work with the beneficiary to re-schedule the interview promptly.
(ii) (U) If the petitioner or beneficiary cannot commit to an interview time within six months, you should inform the petitioner and/or beneficiary in writing that you will hold the case for six months pending further contact from them about scheduling an interview.
(iii) (U) If the petitioner or beneficiary does not contact you to schedule the interview within six months, the consular section should return the case to USCIS via the NVC as a consular return. All attempts to communicate with the beneficiary and petitioner must be clearly documented in the Consular Return Memo. A copy of all interview notification requests to the beneficiary and petitioner and related correspondence should be included with the memo (see 9 FAM 203.5-17 for more information on consular returns).
(iv) (U) You should then inform the petitioner and beneficiary that the case has been transferred back to USCIS.
9 FAM 203.5-7 Unavailable
(CT:VISA-3007; 12-06-2024)
a. (U) Purpose of V92 Interview:
(1) (U) The purpose of the consular interview with V92 beneficiaries is to:
(a) (U) Verify the beneficiary’s identity;
(b) (U) Confirm the qualifying relationship between the petitioner and beneficiary (see 9 FAM 203.5-2 and 9 FAM 203.5-8); and
(c) (U) Determine whether any bars to asylum exist, and if a bar does not apply, assess whether other derogatory information exists that would warrant a discretionary denial (see additional information in 9 FAM 203.5-9)
(2) (U) V92 beneficiaries do not need to demonstrate that they have been persecuted or have a well-founded fear of persecution. See 9 FAM 203.5-2
(3) (U) The credibility of the petitioner’s original asylum claim is not within your purview; you must not examine the credibility of the original claim. You may not suspend processing of V92 cases even if the beneficiary provides information that casts doubt on the petitioner’s right to asylum status; process the V92 case to completion.
(4) (U) However, during an interview, information may come to light that calls into question the validity of the petitioner’s asylum application. In those circumstances, it is appropriate to ask follow-up questions in a way that does not disclose information from the petitioner’s asylum application, which is confidential.
(5) (U) See 9 FAM 203.5-13 for additional guidance on cases in which information presented by the beneficiary indicates significant issues with the petitioner’s asylum claim.
b. (U) Procedural Requirements for the V92 Interview:
(1) (U) Oath: The interview should begin with the beneficiary taking an oath or affirmation.
(2) (U) Biometrics: Next, the officer should collect biometric fingerprints.
(3) (U) Police Certificate Not Required: A police certificate is not required for V92 cases. You may, however, request a V92 beneficiary to present a police certificate for the country of residence, if there are concerns regarding criminal activity of the beneficiary. Before asking the beneficiary to obtain a police certificate, carefully assess the potential risk of harm to the beneficiary or other family members if brought to official attention in the country of origin, country of first asylum or country of habitual residence.
(4) (U) I-589 May Not Be Available: In some circumstances, especially where an immigration judge granted the petitioner asylum, the I-589 petition may not be available. In these circumstances, continue processing the application to completion with the information provided. Contact the VO/F V92/V93 analyst if you have questions.
c. (U) Forms to Be Verified and Signed During the V92 Interview:
(1) (U) Form I-730, Asylee Relative Petition, Part 8. The interviewing officer must also sign in Part 9.
(2) (U) Form G-325C, Biographic Information, required for each beneficiary 14 years old or older.
(3) (U) Completed Form I-765, Application for Employment Authorization, regardless of age, with photos attached. If the beneficiary is approved for travel, the I-765 will be included in the travel packet so that the EAD is issued shortly after admission to the United States. Review the completed form to ensure the beneficiary’s biographic data on the form matches the passport and travel authorization documents and the correct employment authorization category of (a)(5) for follow to join asylees is entered on the application. Required biographic data for employment authorization include the applicant’s full legal name, A-number, date of birth, country of birth, gender, and U.S. mailing address.
d. Unavailable
(1) Unavailable
(a) Unavailable
(b) Unavailable
(2) Unavailable
(a) Unavailable
(b) Unavailable
(c) Unavailable
(3) Unavailable
(a) Unavailable
(b) Unavailable
(4) Unavailable
9 FAM 203.5-8 Unavailable
(CT:VISA-1997; 05-31-2024)
a. (U) Nature of V92 Qualifying Relationships: To derive V92 status under 8 CFR 207.7(c) and 8 CFR 208.21(b), the qualifying relationship between the petitioner and the beneficiary:
(1) (U) Must have existed on the date that the petitioner was granted asylum (for V92 cases)
(2) (U) Must exist on the date USCIS received the Form I-730 petition,
(3) (U) Must exist on the date USCIS adjudicated the Form I-730 petition, and;
(4) (U) Must exist on the date of the spouse or child’s admission to the United States.
(5) (U) The QFR may lapse in between each of the required dates, if it exists on each of those dates.
(6) (U) The exception to this is a child who had been conceived but was not born (was in utero) as of the date on which the petitioner acquired status (see 9 FAM 203.5-8 paragraph d below).
(7) (U) Relationships created after the date of the petitioner’s asylum grant do not qualify for Form I-730 purposes, although the petitioning asylee may be eligible to file a Form I-130 for the same individual once that refugee or asylee adjusts to LPR status or request humanitarian parole. If you encounter a child who was born after the petitioner’s grant of asylum, contact the VO/F analyst who covers V92s to discuss potential options.
(8) (U) A qualifying relationship will cease to exist if, before the approval of the Form I-730 or a beneficiary’s admission into the United States, the petitioner and spouse divorce, the petitioner’s child marries (see 9 FAM 203.5-14 below), or the petitioner dies (see 9 FAM 203.5-2 above).
b. (U) Evidence of Relationship: V92 beneficiaries must be prepared to show evidence of family relationship. You should examine marriage, death, divorce, and/or birth certificates or certificates of adoption, if available. If civil documents are not available, credible oral testimony and secondary documentary evidence may be used. Although specific documentary evidence is not required, the burden of proof is on the V92 beneficiary to verify the existence of qualifying relationship. You should review the beneficiary’s qualifying family relationship to the petitioner, including, in the case of a spouse, that the marriage is valid for immigration purposes.
c. (U) Qualifying as a V92 Spouse: To qualify as a V92 beneficiary spouse, the individual must meet the definition of spouse as defined in INA 101(a)(35). You should follow the guidance at 9 FAM 102.8-1 for determining whether the marriage is valid for immigration purposes. In general, a marriage is valid for immigration purposes if it was legally performed in the place of celebration and is legally recognized. A non-exhaustive list of indications of a marriage includes description and photos of a marriage ceremony, cohabitation over time, and children born to the union. If DNA is requested to verify the relationship, it should not be recorded separately in ACRS since it is already included in the amount USCIS reimburses CA for these cases.
(1) (U) Testimonial Evidence: Testimonial evidence alone may be sufficient to establish the validity of a marriage, but where additional corroborating evidence of a marriage should be available, you should request this evidence. If a marriage occurred in a country of origin from which a beneficiary has fled, it may be unreasonable to expect a refugee to return to the country of origin to obtain documentation. In cases where you conclude that requesting this evidence is not reasonable, the beneficiary still has the burden of proving a legally valid marriage, and you must thoroughly document your conclusions in the case notes.
(2) (U) Informal Marriages: An informal marriage also may be valid for V92 processing where the spouses demonstrate that they are unable to have their marriage legally recognized in the place of celebration due to their flight from persecution and circumstances beyond their control or due to restrictive laws or practices in their country of origin or country of first asylum. See USCIS memorandum "Revised Guidance on Informal ("Camp") Marriages" dated February 14, 2022. For the exception to apply, spouses who have been prevented from obtaining a valid marriage or formal perfection of the marriage must show indications of a marriage. A non-exhaustive list of indicia of a marriage includes the color of a marriage ceremony, cohabitation over time, holding themselves out to be spouses over time and children born to the union.
(3) (U) Proxy Marriage: The terms “spouse,” “wife,” and “husband” do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other (i.e., proxy marriages), unless the marriage has been consummated. See 9 FAM 102.8-1(D).
(4) (U) Marriage Fraud: The beneficiary is not eligible to derive status if they are a spouse determined by USCIS to have attempted or conspired to enter a marriage solely to evade immigration laws.
d. (U) Qualifying as a V92 Child: To qualify as a V92 beneficiary as a child, the individual must be unmarried and meet the definition of “child” in INA 101(b)(1)(A)-(E). See also 9 FAM 102.8-2.
(1) (U) Must be Unmarried and Under 21 Years of Age: Subject to certain situations governed by the Child Status Protection Act’s (CSPA - Public Law 107-208) “aging out” provisions, a child includes only an unmarried person under the age of 21. Accordingly, the child must be both unmarried and under 21 years of age when they apply for admission to the United States, unless the CSPA applies. See 9 FAM 203.5-14 below for more information on CSPA as it relates to V92 applicants.
(2) (U) Child in Utero: 8 CFR 207.7(c) and 8 CFR 208.21(b) allow a child to qualify for V92 status even if the child was not born until after the petitioner was granted asylum or admitted as a refugee, provided such child was in utero (i.e., the child had been conceived but was not yet born) before the date on which the petitioner acquired such status. As such, a Form I-730 may be approved for a child who had been conceived but was not born as of the date on which the petitioner acquired status, so long as the beneficiary falls within one of the definitions of “child” set forth in INA 101(b)(1)(A)-(E).
(3) (U) Bases for Child Status: Although a petitioner will usually be the biological parent of the in-utero child claimed as the derivative, consistent with INA 101(b), it is possible for such a beneficiary to qualify as a derivative even if the petitioner is not the biological father For example, such a child could be considered a stepchild which requires that the child had not reached the age of eighteen years when the marriage creating the status of stepchild occurred even if born out of wedlock and therefore qualify as a child under INA 101(b)(1)(C).
(4) (U) Stepchildren or Adopted Children: Other definitions of “child” such as stepchild or adopted child may also create a qualifying relationship in cases where the petitioner is not a biological parent. Each circumstance must be reviewed on a case-by-case basis that will often involve not only U.S., but foreign laws and potentially international conventions, particularly if there is a biological parent who objects to their child going to the United States as the petitioner’s child. You should seek an AO from USCIS via CA/VO/F if there is any question as to whether a Form I-730 beneficiary qualifies as the petitioner’s child or if there is an objection by the biological parent to the child’s immigration to the United States.
(5) (U) The beneficiary is not eligible to derive status as a child if:
(a) (U) They are an adopted child whose adoption took place after the age of 16, or who has not been in the legal custody of and living with the adoptive parent(s) for at least two years (there is an exception to the 2-year residence requirement for certain children who have been battered or subjected to extreme cruelty). See INA 101(b)(1)(E); or
(b) (U) They are a stepchild from a marriage that occurred after the child was 18 years old. See INA 101(b)(1)(B).
e. (U) Returning Case for Insufficient Evidence of Relationship: If after following the guidance in 9 FAM 203.5-8 paragraph b above you determine that the evidence is not sufficient to establish a qualifying relationship between the petitioner and beneficiary, you should refuse the case under INA 221(g) and return the case file to USCIS according to the guidance in 9 FAM 203.5-17 below.
9 FAM 203.5-9 (U) BARS, INADMISSIBILITIES, AND BASES FOR DENIAL AFFECTING V92 BENEFICIARIES
(CT:VISA-1997; 05-31-2024)
a.
b. (U) Bars and Inadmissibilities Affecting V92 Cases:
(1) (U) INA 212(a) inadmissibilities do not apply to V92 beneficiaries. Instead, bars to derivative asylum for Form I-730 beneficiaries are listed at INA 208(b)(2)(A)(i) - (v). If you are unclear on the applicability of one of the bars listed below to derivative asylee cases, you should confer with CA/VO/F. The examples of crimes noted below are not an exhaustive listing.
(2) (U) Persecutor Bar: The individual ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a social group, or political opinion;
(3) (U) Serious Crime - Conviction: The individual, having been convicted by a final judgment of a serious crime, constitutes a danger to the community of the United States.
(4) (U) All aggravated felonies as defined by INA 101(a)(43) are serious crimes.
(5) (U) Other examples of serious crimes include shooting with intent to kill, battery with a dangerous weapon, reckless endangerment, felony menacing, robbery, unlawful export of military technology, and burglary of a dwelling with aggravating circumstances, etc.
(6) (U) Serious Crime – Reason to Believe: There are serious reasons for believing that the individual has committed a serious nonpolitical crime outside the United States before the arrival of the individual in the United States. Unlike the bar in INA 208(b)(2)(A)(ii) (para (b) above), this ground (INA 208(b)(2)(A)(iii)) does not require a conviction, although a conviction may also exist. Examples of serious non-political crimes found in case law include organ selling, arson, murder, assault, robbery, burglary, embezzlement, and destruction of property, etc.;
(7) (U) Danger to U.S. Security: There are reasonable grounds for regarding the individual as a danger to the security of the United States;
(8) (U) Terrorism: The individual is described in subclause (I), (II), (III), (IV), or (VI) of INA 212(a)(3)(B)(i) or INA 237(a)(4)(B) (relating to terrorist activity), unless, in the case only of an individual described in subclause (IV) of INA 212(a)(3)(B)(i), USCIS determines that there are not reasonable grounds for regarding the individual as a danger to the security of the United States. See 9 FAM 302.6.
(9) (U) Firm Resettlement: The firm resettlement bar (INA 208(b)(2)(A)(vi)) does not apply to Form I-730 beneficiaries.
(10) (U) If a Bar to Asylum Applies: If it is determined that a bar to asylum does apply to a given applicant, the case should just be refused under INA 221(g). Inform the beneficiary in writing that they have not been approved to travel to the United States and that their case is being returned to USCIS for further action. You should use the Notice of Ineligibility to Travel and Case Transfer template found in 9 FAM 203.5-17 for this purpose. All cases denied travel should be returned via the NVC to the adjudicating USCIS office as a Consular Return using the Consular Return Memorandum in 9 FAM 203.5-17.
(11) (U) Medical Issues: Although INA 212(a)(1)(A) medical inadmissibilities do not apply to V92 cases, as a matter of good public health policy and since asylum is a discretionary benefit, no V92 beneficiary with a Class A medical condition may be processed for travel to the United States. See 9 FAM 203.5-11 on V92 medical exams and treatment, and additional guidance on processing V92 cases with Class A medical conditions. As background, 9 FAM 302.2 provides information on medical ineligibilities and Class A and Class B findings.
(12) (U) Discretionary Denial of V92 Travel:
(a) (U) Although INA 212(a) inadmissibility grounds do not apply to V92 follow-to-join asylees (except for the terrorism-related grounds that are incorporated into the INA 208(b)(2)(A) asylum bars), negative information may be considered in determining whether discretion should be exercised to deny travel.
(b) (U) When requesting a discretionary denial from USCIS, all positive factors must be weighed against the negative factors in the case for a full assessment of the totality of the circumstances. Provide USCIS with a detailed analysis which identifies all derogatory and positive factors in the case and clearly demonstrates how the negative evidence, when weighed against the totality of countervailing positive facts, justifies a denial as a matter of discretion, even though the person is not barred from asylum under INA 208(b)(2)(A)(i-v). Submit beneficiary testimony that was offered in rebuttal of any derogatory evidence that was raised to the beneficiary at interview.
(c) (U) Discretionary denials for V92 derivative asylum cases are extremely rare and are applicable when derogatory information in a case is egregious. See 9 FAM 203.5-10 below on processing these cases. Negative factors to consider may include, but are not limited to, the following:
(i) (U) If known, communicable disease of public health significance and failure or unwillingness to seek appropriate medical treatment;
(ii) (U) If known, physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the individual or others;
(iii) (U) Criminal convictions;
(iv) (U) Violation of any law or regulation relating to a controlled substance;
(v) (U) Evidence of moral depravity, or criminal tendencies reflected by an ongoing or continuing police record;
(vi) (U) Instances of immigration fraud in dealings with the U.S. Government agencies or provision of false testimony. Isolated instances of minor misrepresentations or document fraud will not typically support a discretionary denial of asylum, but officers may give appropriate weight to repeated instances of misrepresentations when balancing all positive and negative factors in the case; or
(vii) (U) The presence of other evidence indicative of the individual's bad character (i.e., money launderer, smuggler, child abductor, etc.).
(d) (U) Positive factors to consider may include, but are not limited to, the following:
(i) (U) Humanitarian interests;
(ii) (U) Family reunification;
(iii) (U) Public interest;
(iv) (U) Age of the derivative;
(v) (U) The likelihood of harm the derivative might experience in their country or the country of habitual residence if not permitted to join their family in the United States;
(vi) (U) The likelihood that the past negative action(s) will not recur;
(vii) (U) Whether the beneficiary may have been compelled or coerced to commit the act;
(viii) (U) Evidence of rehabilitation;
(ix) (U) Minimal sentences for low level criminal convictions, such as misdemeanors or violations;
(x) (U) Distance in time since the derogatory event(s) happened;
(xi) (U) Whether the evidence consists of a single instance of derogatory activity (or very few such occurrences); or
(xii) (U) The possibilities for successful medical treatment (i.e., for poor health of the beneficiary), and willingness to seek and participate in medical treatment.
(e) (U) V92 Relief Provisions: There are no waivers available for V92 applicants.
9 FAM 203.5-10 (U) PROCESSING V92 CASES WITH POSSIBLE BARS OR INADMISSIBILITIES
(CT:VISA-1951; 03-19-2024)
(U) Introduction: This section provides information on processing V92 cases for beneficiaries who may be subject to bars, inadmissibilities or discretionary denial.
(1) (U) What To Do If V92 Beneficiary May Be Subject to a Bar to Asylum: If a V92 beneficiary appears to be barred under any applicable sections of INA 208, the case should be sent as a consular return to USCIS via the NVC explaining in detail the reason(s) for the request for USCIS to reopen the case and to issue an intent to deny. Whenever possible, the documentation should also include the beneficiary’s sworn statement regarding the facts supporting the basis for ineligibility. The officer should also document the beneficiary’s responses when provided an opportunity to rebut any derogatory information related to eligibility and explain why those responses were found insufficient to overcome ineligibility.
(2) (U) How to Process a Discretionary Denial for a V92 Beneficiary: If you believe that the case may in fact merit discretionary denial by USCIS, confer with CA/VO/F. If CA/VO/F concurs, you then prepare a Consular Return Memo to be submitted to USCIS through NVC (see 9 FAM 203.5-17 below). In documenting the basis for how discretion should be exercised, the assessment should not be couched in terms of whether the beneficiary is “inadmissible” or “admissible” because of the negative evidence, as inadmissibilities do not apply to V92 cases. Rather, the assessment must demonstrate whether that negative evidence, when weighed against positive factors, justifies or does not justify denial as a matter of discretion.
(3) (U) Class A Medical Conditions in V92 Cases:
(a) (U) No V92 beneficiary with a Class A medical condition may be processed for travel to the United States. See 9 FAM 203.5-11 below.
(b) (U) Based on the panel physician’s exam results, you should determine whether V92 beneficiaries have a Class A medical condition that cannot be treated and stabilized (so that it is not communicable), or whether the beneficiary declines to obtain or continue medical treatment. Confer with CA/VO/F in such circumstances because such cases may warrant an adverse exercise of discretion (a discretionary denial). If CA/VO/F concurs with the recommendation for discretionary denial, you should return the case to USCIS. See 9 FAM 203.5-17 below.
(c) (U) V92 beneficiaries identified by a panel physician as having a communicable disease which can be treated (e.g., infectious tuberculosis or Hansen's disease) must receive treatment to reduce their medical conditions from Class A to Class B status before they can be processed for travel to the United States. When the panel physician has confirmed that the disease is no longer communicable and indicates on the medical forms that the beneficiary now has a Class B condition, you may continue to process the individual for V92 benefits.
9 FAM 203.5-11 (U) MEDICAL ISSUES AND V92 BENEFICIARIES
(CT:VISA-1951; 03-19-2024)
a. (U) V92 Cases and Medical Inadmissibilities: All V92 beneficiaries must have the same medical examination as IV applicants. According to INA 209, certain inadmissibility grounds, including some related to health, apply to derivative asylees and refugees when they adjust to LPR status.
b. (U) Medical Examinations: V92 Medical Exams:
(1) (U) Exam Requirement: All V92 beneficiaries entering the United States must have the same medical examination as IV applicants. The medical examination for V92 beneficiaries must be conducted by a panel physician.
(2) (U) Exam Results: The result of the medical exam must be reported on Form DS-2054, Report of Medical Examination by Panel Physician. Include three copies in the V92 travel packet, along with the beneficiary’s X-rays. See 9 FAM 302.2-2(B) for more general information on medical exams and panel physicians’ findings.
(3) (U) Exam Timing: The medical exam may take place before the consular interview if the V92 beneficiary is known to have what may be a significant medical condition that may merit a discretionary denial or if the processing is being expedited.
(4) (U) Paying for Exam: V92 beneficiaries must pay for their own medical exam.
(5) (U) Validity of V92 Medical Clearance: See 9 FAM 302.2-3(C) for additional information about the length of validity of an applicant’s medical exam.
c. (U) Class A and Class B Conditions: V92 beneficiaries identified by a panel physician as having a Class A condition (e.g., infectious tuberculosis or Hansen's disease) must receive treatment to reduce their medical conditions from Class A to Class B status before they can be processed for travel to the United States.
d. (U) V92 Medical Treatment: V92 beneficiaries must pay for their own medical treatment.
e. (U) V92 Vaccinations: V92 beneficiaries are not required to meet the immunization requirements for immigrants until one year after arriving in the United States, when they may apply for adjustment of status to become permanent residents in the United States. Whenever available, however, vaccination records should be included as part of the travel packet using Form DS-3025, Vaccination Documentation Worksheet, or copies of the beneficiary’s personal vaccination records.
9 FAM 203.5-12 Unavailable
(CT:VISA-1997; 05-31-2024)
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9 FAM 203.5-13 Unavailable
(CT:VISA-1997; 05-31-2024)
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(1) (U) Consular Return: In cases where suspected fraud is uncovered with respect to the beneficiary’s identity or claimed relationship with the petitioner, the interviewing officer should prepare a Consular Return Memo for DHS/USCIS which details the fraud concerns and issues relevant to the return.
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d. (U) Continue V92 Processing: You may not suspend processing of V92 cases even if the beneficiary provides information that casts doubt on the petitioner's right to asylum or refugee status. Process the V92 case to completion unless the beneficiary’s identity or qualifying relationship with the petitioner is in question or it is determined that the beneficiary is subject to an applicable mandatory bar or inadmissibility (where it either cannot be waived or the waiver is denied by USCIS).
e. (U) DHS Action Based on Report of Suspected Fraud in the Petitioner’s Asylum Claim:
(1) (U) Although qualified V92 beneficiaries are permitted to travel, DHS will review any cable involving suspected fraud in the underlying asylum claim. This review may include an immigration officer re-interviewing the petitioner under oath.
(2) (U) Suspected fraud uncovered within the petitioner’s asylum claim during a V92 interview must be carefully documented in detail for USCIS Asylum or ICE to act on the case, if appropriate. It is important to note the stringent legal standards required for the stateside office to act on re-opening or terminating the petitioner’s approved asylum status.
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9 FAM 203.5-14 Unavailable
(CT:VISA-1997; 05-31-2024)
a. (U) Effect of Child Status Protection Act (CSPA) on Form I-730 Beneficiaries:
(1) (U) The Child Status Protection Act (CSPA) (Public Law 107-208, 116 Statute 927, effective August 6, 2002) allows some children reaching the age of 21 to continue being classified as a “child” to derive eligibility for asylum or refugee status from a parent. This provision continues to protect the beneficiary through approval of the Form I-730 until they enter the United States as a derivative asylee or refugee. The CSPA applies if the child was under 21 when:
(a) (U) The principal applicant filed their Form I-589, Application for Asylum and Withholding of Removal; or
(b) (U) The child was listed on the Form I-589 as appropriate, and the child is unmarried; or
(c) (U) The child was not included in their parent’s asylum application, but the child was under 21 when their parent filed the Form I-730, and the child is unmarried.
b. (U) Children who turned 21 years of age before August 6, 2002, are not covered by the CSPA, unless either the Form I-730 or the petitioner's Form I-589 was pending on that date. If the Form I-730 was approved before August 6, 2002, but the beneficiary had not yet been issued documentation to travel to the United States, the form is still pending.
c. (U) If a child marries after the Form I-730 was filed with USCIS, eligibility for CSPA protection ends, but a divorce before the beneficiary travels to the United States can make the individual eligible once again for V92 status. The intent of Congress was for CSPA to be ameliorative and thus it is liberally construed. For example:
(1) (U) If a beneficiary was unmarried and under 21 when the Form I-730 was filed and adjudicated, they are eligible for CSPA protection.
(2) (U) If they turn 21 and marries before the consular interview, they lose CSPA protection. However, if they divorce before the interview, they are again eligible for CSPA protection and Form I-730 benefits.
d. (U) For complete guidance on applying the CSPA to V92 processing, see the following USCIS memoranda, both available at USCIS website:
(1) (U) U.S. Citizenship and Immigration Service Memorandum, Processing Derivative Refugees and Asylees under the Child Status Protection Act, HQIAO 120/5.2, dated July 23, 2003; and
(2) (U) U.S. Citizenship and Immigration Service Memorandum, The Child Status Protection Act -- Children of Asylees and Refugees, HWOPRD 70/6.1, dated August 17, 2004.
e. (U) Marriage of Child Beneficiary Before Travel:
(1) (U) Consistent with procedures for IV derivatives, unmarried children approved as beneficiaries of Form I-730 petitions lose eligibility if they marry after approval of their travel authorization but before arrival in the United States. For this reason, Form I-730 child beneficiaries aged 14 and older are required to sign a Notice on Pre-Departure Marriage & Declaration at interview to affirm they are unmarried and understand they can no longer derive status from their petitioning parent if they marry before arriving in the United States.
(2) (U) However, if the married child divorces before traveling to the United States, they should be considered eligible, including any applicability of the CSPA, as if the marriage had not occurred. Per INA 101(a)(39), the term “unmarried” when used in reference to any individual as of any time, means an individual who at such time is not married, even if previously married. As such, a child must be unmarried when they “seek” (in present tense) to accompany or follow to join. A new Form I-730 does not need to be filed; the previously approved I-730 may still be used.
(3) (U) Examples:
(a) (U) If a beneficiary child married after the Form I-730 was filed and divorced before adjudication of the Form I-730 or travel to the United States, that beneficiary is eligible for Form I-730 benefits;
(b) (U) If the beneficiary child was married and divorced before the Form I-730 was even filed, that beneficiary is eligible for Form I-730 benefits;
(c) (U) If the beneficiary child was married when the principal was granted asylum or admitted as a refugee or when a Form I-730 was filed on that beneficiary’s behalf, even if the beneficiary later divorced, that individual is not eligible for Form I-730 benefits. See 8 CFR 208.21(b) and 8 CFR 208.7(c), showing that the parent/child relationship must have existed at the time of the petitioner’s asylum grant or refugee admission and “at the time of filing” the Form I-730.
9 FAM 203.5-15 (U) V92 BENEFICIARIES APPROVED TO TRAVEL
(CT:VISA-1997; 05-31-2024)
a. (U) Approval to Travel: A V92 beneficiary is “approved to travel,” if you find that:
(1) (U) The beneficiary has established by a preponderance of the evidence their identity, and a qualified relationship to the petitioner;
(2) (U) They are not subject to any mandatory bars or relevant inadmissibility grounds (which means that the beneficiary has cleared all medical and security checks); and
(3) (U) The beneficiary was not previously granted asylum or refugee status by the United States.
b. (U) See 9 FAM 203.5-17 below for beneficiaries who do not meet these standards and are therefore “not approved for travel.” In this situation, “preponderance of the evidence” means that the evidence in the case demonstrates that it is more likely than not that the beneficiary has met their burden to show eligibility for the benefit. This standard is not as high as the requirement for “clear and convincing” evidence or proof required in certain other immigration contexts.
c. (U) The IVO, if available, or NIV system should be updated to note approval to travel. V92 beneficiaries who have been approved to travel should have boarding foils and travel packets prepared on their behalf – see paragraph b below for details.
d. (U) V92 Travel Documentation:
(1) (U) Overview: A V92 boarding foil (see 9 FAM 203.5-15 paragraph d(2) below), placed in a passport or other travel document (see paragraph (b) below), and a travel packet (see 9 FAM 203.5-15 paragraph e below) must be prepared for each beneficiary found eligible to travel to the United States by a consular officer. Airlines flying to the United States are required to examine travel documents before boarding passengers to avoid fines imposed by the U.S. Government. Travel packets and boarding foils should be provided to beneficiaries per instructions below.
(2) (U) Passport or Other Travel Document: A V92 beneficiary does not need a passport to enter the United States. If the beneficiary does not have a passport, the boarding foil must be placed on a Form DS-232, Unrecognized Passport or Waiver Cases. For instructions on use of DS-232, see 9 FAM 403.9-6(B) and 9 FAM 303.8-6. The travel packet includes all other documents necessary for admission.
e. (U) Delivery of V92 Travel Packets, Boarding Foils:
(1) (U) Travel packets and travel documents with boarding foils should be given directly to the beneficiaries (following local procedures, either the beneficiary picks them up, or they are couriered to the beneficiary). Inform the V92 beneficiary about the importance of not opening or losing the travel packet and that any tampering with the packet or loss or theft will result in a considerable delay in the individual’s future travel to the United States.
(2) (U) The V92 traveler will present the envelope addressed to the transportation company to the airline attendant at check-in. The other sealed envelope(s) will be presented to the CBP and HHS at the POE upon arrival to the United States.
(3) (U) V92 beneficiaries are responsible for scheduling and financing their own travel to the United States.
(4) (U) Boarding Foils:
(a) (U) For purposes of security, uniformity, and workload tracking, all V92 cases processed by consular officers must be issued V92 boarding foils. These foils also facilitate the boarding of beneficiaries by airlines flying to the United States.
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(c) (U) Lost boarding foils should be reported immediately to CA/VO/F.
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(5) (U) Travel Packet:
(a) (U) Hand Carried Packet: Each departing V92 beneficiary must hand-carry a travel packet. The travel packet includes the documents that the CBP officer will require on entry.
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g. (U) Lost or Stolen V92 Packet: If a V92 travel packet is lost or stolen:
(1) (U) Take a sworn statement from the beneficiary as to the circumstances of the loss or theft;
(2) (U) If a travel packet is stolen, ask the beneficiary to provide a police report as evidence of the theft, if available;
(3) (U) Create a memo indicating that the original travel packet was reported lost or stolen, and attach to it the sworn statement and (if applicable) the police report;
(4) (U) Enter a case note into the IV or NIV case record explaining what happened to the packet and on what date;
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9 FAM 203.6-16 Unavailable
(CT:VISA-1997; 05-31-2024)
(U) If a beneficiary or petitioner contacts the office to request a new boarding foil, consular staff must first request that the beneficiary return the expired Visas 92 boarding foil and provide their travel itinerary before re-issuing a new boarding foil. Verify that the beneficiary is still eligible for follow-to-join benefits. Re-run any expired security checks, fingerprinting beneficiaries who have turned fourteen (14) since the initial travel document issuance, and/or require that the beneficiary undergo a new medical exam if the previous one has expired. A re-interview will be required if there is reason to believe that the applicant's eligibility may have changed since the previous interview. For example, if security checks reveal derogatory information that may indicate an inadmissibility, evidence of events potentially triggering an ineligibility or bar, or evidence of a change in the beneficiary’s qualifying relationship with the petitioner, such as the marriage of a child or divorce of a spouse, death of a spouse or parent. Cases that were previously interviewed more than five years ago generally should be reinterviewed to confirm eligibility.
9 FAM 203.5-17 Unavailable
(CT:VISA-1997; 05-31-2024)
a. (U) Not Approving Travel: You should not approve V92 beneficiary travel if the beneficiary:
(1) (U) Does not establish by a preponderance of the evidence their identity or the beneficiary’s testimony and strong evidence calls into question whether the petitioner has established a qualified relationship to the beneficiary;
(2) (U) Is subject to any bars;
(3) (U) May warrant a discretionary denial;
(4) (U) Has not cleared required medical examinations and security checks;
(5) (U) Is already in the United States – If an officer learns that a beneficiary has already traveled to and remains in the U.S., the case must be returned to USCIS via the NVC. The officer should prepare a Consular Return Memo as outlined below and indicate why the case is being returned (beneficiary is already in the United States). If the petitioner provided a statement in writing indicating that the beneficiary is in the U.S., that statement must be included in the packet. Staff should update CCD to reflect the date the memo was forwarded to the NVC. Also provide the VO/F analyst who covers V92/V93s the name, DOB and case number of the applicant so the analyst can flag the case for USCIS.
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d. (U) Systems Update: Update the IVO or NIV system to reflect that the case is not approved for travel, and that the case is being returned through the consular return process to NVC: “The beneficiary was interviewed on <date> and was not approved for travel. A consular return memo was drafted on <date> and the case is returning to NVC via consular return process.” For IVO cases, set the case to “Transfer to NVC” status.
e. (U) Consular Returns: All cases denied travel should be returned via NVC to the adjudicating USCIS office, currently a USCIS Service Center for V92 beneficiaries.
(1) (U) Memo for USCIS: Consular returns require preparation of a Consular Return Memo.
(a) (U) Justification: Any case returned to USCIS must be accompanied by a detailed memo explaining the reasons why the beneficiary was not found eligible for travel and why USCIS should reopen the Form I-730 adjudication and issue a Notice of Intent to Deny (NOID) in the case. USCIS relies on the information contained within the Consular Return memo to determine whether to reopen the adjudication and issue a NOID so ensure the reasons for the consular return are clearly articulated and supported while containing significant details.
(i) (U) The justification must focus on the factual elements of the case that have direct bearing on why the beneficiary’s testimony and evidence calls into question whether the petitioner has established the required criteria for approval of the Form I-730 petition by a preponderance of the evidence.
(ii) (U) The memo must be supported by sufficient specific, verifiable, and concrete information or evidence.
(iii) (U) Because USCIS may release all unclassified information provided in support of its NOID, officers should provide information in a form that protects the identity of confidential sources.
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(c) (U) Editable Version: Consular Return Memo.
(2) (U) Documenting, Submitting Consular Return:
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(b) (U) The memo and supporting evidence, in addition to the V92 Interview Worksheet (as appropriate), the original Form I-730, any relevant supplementary officer’s notes, sworn statements from the beneficiary, and findings from fraud investigation or document verifications should then be returned to the USCIS office that approved the petition via the National Visa Center (NVC).
f. (U) Informing Beneficiaries:
(1) (U) Inform the beneficiary in writing (with a cc to the petitioner) that they were not approved to travel to the United States and that their case is being returned to USCIS for further action.
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(3) (U) If you have retained any original documents for this case, place them in an envelope and return them to the beneficiary.
g. (U) USCIS Action on Consular Returns:
(1) (U) If the evidence provided is appropriate, specific, detailed, and actionable, USCIS will issue a Motion to Reopen and NOID (Notice of Intent to Deny) to the petitioner.
(2) (U) If USCIS issues a NOID and the petitioner responds, resolving all issues to USCIS's satisfaction, the Form I-730 petition is reaffirmed and sent back to NVC for tracking and onward transmission to the consular section. You should then process the case to its conclusion.
(3) (U) If the Consular Return Memo does not provide specific, material, and concrete evidence to justify why a beneficiary is not eligible for travel, USCIS may not be able to issue a NOID, but rather will reaffirm the case and return it to the consular section for continued processing.