9 FAM 203.6 (U) CASEWORK AND PROCESSING FOR V93 FOLLOWING TO JOIN REFUGEES

9 FAM 203.6

(U) CASEWORK and Processing for V93 Following to join refugees

(CT:VISA-1977; 04-23-2024)
(Office of Origin: CA/VO)

9 FAM 203.6-1 (U) INTRODUCTION to V93 FollowING to Join refugees

(CT:VISA-1951; 03-19-2024)

a. (U) Definition of a Refugee: A refugee is a person who is outside their country of origin and is unwilling or unable to return because of persecution or a well-founded fear of persecution based on: 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. Refugees are required to apply to adjust to LPR status one year after being admitted as a refugee.

b. (U) Visas 93:

(1) (U) What does Visas 93 mean? The spouse or child of an approved Form I-730 filed by the principal refugee is often referred to as a follow-to-join refugee (FTJ-R), or a “Visas 93” or V93 beneficiary.

(a) (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. Please see 9 FAM 203.6-8 below for guidance for when a child is born after a petitioner is granted refugee status.

(b) (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 V93 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.

(2) (U) Non-Discretionary: A spouse or child is automatically entitled to the same refugee status as the principal refugee; the grant of derivative status is not discretionary.

9 FAM 203.6-2 (U) ELIGIBILITY FOR V93 follow to join rEFUGEE 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 refugee status:

(1) (U) The beneficiary must establish their identity and a qualifying relationship with the refugee (see a 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 203.6-9 below).

b. (U) No Adjudication of Refugee Claim/ Not Required to Establish Fear of Persecution: V93 beneficiaries are eligible for derivative status based on their relationship to a principal refugee. 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 refugee claim is not within a consular officer’s jurisdiction to revisit.

c. (U) Resettlement Bar Does Not Apply: Unlike a principal refugee applicant, V93 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 203.6-18 below on consular returns).

(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.

9 FAM 203.6-3 (U) ROLES IN V93 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 refugee applications, including the Form I-730 petition for following-to-join derivatives of refugees, 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 refugees interviewed by consular officers.

(3) (U) The USCIS Refugee, Asylum, and International Operations Directorate has primary responsibility for Form I-730 petitions filed by principal refugees and interviewed by consular officers.

(4) (U) Consular officers act as agents of USCIS to facilitate V93 case processing abroad and to verify the identity and eligibility of the following-to-join beneficiaries, but not for adjudication of the Form I-730 petition. If information is elicited or found through review of the case documents, file, or testimony during case processing that suggests USCIS should re-review the eligibility of the transferred Form I-730 petition, return the case via the NVC to the appropriate USCIS office for further action, following the guidance in 9 FAM 203.6-13 below for reporting information that calls into question whether the beneficiary is eligible for derivative refugee status.

9 FAM 203.6-4 (U) lifecycLE OF V93 CASES interviewed by department of state

(CT:VISA-1951; 03-19-2024)

a. (U) Form I-730 Petition Filed with USCIS: The first step in the process is the filing of Form I-730, Refugee/Asylee Relative Petition, for each qualifying relative with USCIS.

(1) (U) Who Can File a Form I-730 for a V93 Application: The Form I-730 may be filed by a refugee who was admitted to the United States as a principal refugee, or by an LPR who received such status after having been admitted as a principal refugee. 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 refugee, 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).

(2) (U) When Must this Form Be Filed By: The Form I-730 must be filed within two years of the principal’s admission to the United States as a refugee. USCIS can grant an extension of time to file for humanitarian reasons.

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c. (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 refugee (see 8 CFR 207.7(f)(3) and 8 CFR 208.21(d)).

d. (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 ZZ category for Visas 93.

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(2) (U) NVC forwards the hard-copy of the V93 file, including the approved Form I-730 petition, to the consular section which covers the area where the V93 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.

(3) (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 and representative of record if unable to reach the beneficiary to schedule an interview.

9 FAM 203.6-5 (U) CONFIDENTIALITY IN V93 CASEWORK

(CT:VISA-1951; 03-19-2024)

a. (U) Overview: Department of State records related to V93 processing are considered “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 refugee 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) UNHCR policy requires strict confidentiality regarding refugees. Refugees referred to the U.S. refugee program by UNHCR have signed a confidentiality release to permit UNHCR to release personal information to resettlement governments and processing agencies.

(3) (U) Information contained in or pertaining to refugee applications and Form I-730 petitions, as well as a V93 petitioner’s underlying Form I-590 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 V93 petitioner/beneficiary may make a direct inquiry to the consulate responsible for the processing of their refugee 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 Section 222(f) of the Immigration and Nationality Act, "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 refugee 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 V93 program.

(5) (U) Third Party Inquiries:

(a) (U) Written (including emails) inquiries from U.S. Government law enforcement 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.

(b) (U) Written (including email) 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.

(c) (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. Consular officers 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.

(d) (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 refugee applicant’s or V93 petitioner’s full name or V93 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. Consular officers 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 refugee cases or V93 petitions may not be provided to third parties, even if authorization has been provided. For example, an authorized third party may not inquire as to the reason a refugee applicant has been deemed ineligible for P-2 access. Further, an authorized third party is not permitted to accompany a refugee applicant to RSC intake and prescreening or engage in other forms of involvement in refugee processing.

(8) (U) If information disclosure to third parties has not been authorized, responses to inquiries must be limited to general descriptive material about the USRAP or a description of program procedures that might be of assistance to the inquirer.

(9) (U) Contact the Office of Admissions in PRM/A for further information on refugee applicant or V93 petitioner/beneficiary records or templates for response to inquiries.

c. (U) Use, Confidentiality of a V93 Petitioner’s Refugee Application:

(1) (U) Confidentiality of a V93 Petitioner’s Refugee Application:

(a) (U) The confidentiality requirements of 8 CFR 208.6 protect information contained in or pertaining to a refugee application from disclosure to a third party, including information that identifies an individual as the beneficiary of an approved Form I-730. Confidentiality regulations governing asylum applications are equally applied to refugee applications as a matter of policy.

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(c) (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.

(d) (U) Regarding refugee confidentiality, the following-to-join beneficiary is considered a third party, and you must not reveal the fact that the petitioner applied for refugee status in the United States, or any other protected information contained in the petitioner’s refugee case record.

(2) (U) Using the V93 Petitioner’s Refugee Application to Verify Identity and Claimed Relationship:

(a) (U) A Form I-730 petitioner’s Form I-590 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. Nonetheless, the Form I-590 should not be the only means of verifying the qualifying family relationship.

(b) (U) Officers must not use information in the petitioner’s Form I-590 to specifically probe the credibility of the petitioner’s refugee claim, even if, during the probing of the family relationship, possible fraud issues become apparent. See 9 FAM 203.6-13 below for additional information on dealing with cases in which information presented by the V93 beneficiary indicates a significant factual inconsistency with information material to the petitioner’s refugee claim.

(3) (U) A V93 Petitioner’s Underlying Refugee Documents and the Travel Packet:

(a) (U) To protect the confidentiality of the petitioner’s underlying refugee application, these documents must not be included in the travel packets of V93 beneficiaries approved to travel to the United States. Rather, the petitioner’s Form I-590, Registration for Classification as Refugee, 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-590 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 203.6-6 (U) V93 PRE-INTERVIEW PROCESSING

(CT:VISA-1951; 03-19-2024)

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(1) (U) Stamp the hard-copy file with the date the case is received, and manually enter or update the beneficiary’s case in IVO.

(2) Unavailable

(3) (U) Add a case note in IVO: “Case received by post on DATE.”

(4) (U) Annotate with the language: “Not a visa. Foil prepared at DHS request. May be boarded without transportation carrier liability. [A-Number].”

b. (U) Scheduling V93 Interviews:

(1) (U) Contacting Beneficiaries: The consular section should contact the V93 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: When contacting the beneficiary, the consular section should inquire as to whether there are any additional I-730 Refugee 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 USCIS. 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, you should 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) You must prepare a Notice of Case Transfer, which indicates that the case is being returned via NVC to USCIS for further action.

(iv) (U) You must also update the IVO 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) You must also 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 203.6-18 below 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 (see instructions above). 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 203.6-18 below 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 203.6-7 Unavailable

(CT:VISA-1977; 04-23-2024)

a. (U) Purpose V93 of Interview:

(1) (U) The purpose of the consular interview with V93 beneficiaries is to:

(a) (U) Verify the beneficiary’s identity;

(b) (U) Confirm the qualifying relationship between the petitioner and beneficiary (see 9 FAM 203.6-2 and 9 FAM 203.6-8)); and

(c) (U) Determine whether the beneficiary is subject to the persecutor bar and/or an ineligibility (see additional information in 9 FAM 203.6-9 below).

(2) (U) V93 beneficiaries do not need to demonstrate that they have been persecuted or have a well-founded fear of persecution. See 9 FAM 203.6-2 above.

(3) (U) The credibility of the petitioner’s original refugee claim is not within your purview; you must not examine the credibility of the original claim. You may not suspend processing of V93 cases even if the beneficiary provides information that casts doubt on the petitioner’s right to refugee status; process the V93 case to completion.

(a) (U) However, during an interview, information may come to light that calls into question the validity of the petitioner’s refugee application. In those circumstances, it is appropriate to ask follow-up questions in a manner that does not disclose information from the petitioner’s refugee application, which is confidential.

(b) (U) See 9 FAM 203.6-13 below for additional guidance on cases in which information presented by the beneficiary indicates significant issues with the petitioner’s refugee claim.

b. (U) Procedural Requirements for the V93 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 V93 cases. You may, however, request a V93 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, you must first 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.

c. (U) Forms to Be Verified and Signed During the V93 Interview:

(1) (U) Form I-730, Asylee Relative Petition, Part 8. The interviewing officer must also sign in Part 8.

(2) (U) Original Completed Form I-590, Registration for Classification as Refugee. Signed by the interviewing officer.

(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. Officers must 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)(3) for follow to join refugees 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.

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e. (U) Required Questions of V93 Minors – Questionnaire: If a minor V93 beneficiary (less than 18 years old) is traveling alone or without a parent, you must complete a Minor Questionnaire and attach it to the V93 Biodata Form (see 9 FAM 203.6-15 below). Please reach out to VO/I for assistance with Auto Hotkeys for this questionnaire.

(1) (U) Special Consideration for V93 Minors: The U.S. refugee program considers all refugee children less than 18 years of age, including V93 derivatives, to be minors whose welfare requires close monitoring in resettlement. Many of these children live with relatives or other adults who are not biological parents.

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9 FAM 203.6-8 Unavailable

(CT:VISA-1951; 03-19-2024)

a. (U) Nature of V93 Qualifying Relationships: To derive V93 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 admitted to the United States as a refugee,

(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 203.6-8, paragraph d below).

(7) (U) Relationships created after the date of the petitioner’s refugee grant do not qualify for Form I-730 purposes, although the petitioning refugee may be eligible to file a Form I-130 for the same individual once that refugee adjusts to LPR status or request humanitarian parole. If you encounter a child who was born after the petitioner’s grant of refugee status, please contact the VO/F analyst who covers V93s 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 203.6-14 below), or the petitioner dies (see 9 FAM 203.6-2 above).

b. (U) Evidence of Relationship: V93 beneficiaries must be prepared to show evidence of family relationship. Consular officers 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 V93 beneficiary to verify the existence of qualifying relationship. Officers 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 V93 Spouse: To qualify as a V93 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 a period of 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) Informal Marriages: An informal marriage also may be valid for V93 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 a period of time, holding themselves out to be spouses over a period of 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 V93 Child: To qualify as a V93 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 at the time that they apply for admission to the United States, unless the CSPA applies. See paragraph (4) below for more information on CSPA provisions.

(2) (U) Child in Utero: 8 CFR 207.7(c) and 8 CFR 208.21(b) allow a child to qualify for V93 status even if the child was not born until after the petitioner was 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, it is possible for such a beneficiary to qualify as a derivative even if the petitioner is not the biological father This results from the breadth of the definition of “child” in INA 101(b). For example, such a child could be considered a stepchild which requires that the child had not reached the age of eighteen years at the time 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 you determine that the marriage is not legally recognized in the place of celebration and there is insufficient evidence to establish an informal marriage as described above, you should refuse the case under INA 221(g) and return the case file to USCIS according to the guidance in 9 FAM 203.6-18 below.

9 FAM 203.6-9 (U) Bars, Inadmissibilities, and Bases for Denial Affecting V93 Beneficiaries

(CT:VISA-1951; 03-19-2024)

a. Unavailable

b. (U) Bars and Inadmissibilities Affecting V93 Cases:

(1) (U) Persecutor Bar (INA 101(a)(42)): Even though a V93 beneficiary does not have to meet the full definition of a refugee under INA 207(c), the beneficiary is subject to the second sentence of the refugee definition in INA 101(a)(42) that excludes persons who "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." If you believe that the beneficiary may be subject to the persecutor bar, you should confer with CA/VO/F. See 9 FAM 203.6-10 below for further instructions.

(2) (U) INA 212(a) Inadmissibilities:

(a) (U) Under INA 207(c)(3), inadmissibilities that apply to immigrants under INA 212(a) apply to refugee applicants, including V93 beneficiaries, except as follows:

(i) (U) The public charge ground under INA 212(a)(4) does not apply;

(ii) (U) The requirements to have a labor certification under INA 212(a)(5) do not apply; and

(iii) (U) The immigrant documentation requirement of INA 212(a)(7)(A) does not apply.

(b) (U) The following grounds inadmissibility do apply to V93 beneficiaries, and pursuant to INA 207(c)(3), they cannot be waived for refugees or their derivatives:

(i) (U) INA 212(a)(2)(C) (controlled substance traffickers and certain of their relatives if conditions apply);

(ii) (U) INA 212(a)(3)(A) (individuals seeking admission to United States to engage in certain unlawful activities, including espionage or sabotage; violations of U.S. export laws on goods, technology, or sensitive information; opposition, control, or overthrow of U.S. Government through unlawful acts; or other unlawful activity);

(iii) (U) INA 212(a)(3)(B) (terrorism-related grounds);

(iv) (U) INA 212(a)(3)(C) (individuals, with certain exceptions, whose admission would have adverse foreign policy consequences for the United States); and

(v) (U) INA 212(a)(3)(E) (participants in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing).

(c) (U) Although INA 207(c)(3) does not list INA 212(a)(3)(F) as a non-waivable ground of inadmissibility for refugees, USCIS will not grant a discretionary I-602 waiver if an individual is inadmissible under this ground. The ground bars from admission individuals determined by either the Secretary of State or of Homeland Security, in consultation with the other, to be associated with a terrorist organization and who intend while in the United States to endanger the welfare, safety or security of the United States. It is also likely that such an individual would also be barred from refugee status under one of the other mandatory inadmissibility grounds noted above anyway.

(d) (U) Class A Medical Conditions: All INA 212(a)(1) medical inadmissibilities apply to V93 beneficiaries. V93 beneficiaries found inadmissible because of infectious tuberculosis or Hansen's disease, or other Class A medical conditions, usually receive treatment to reduce their medical conditions from Class A to Class B status before they are processed for travel to the United States. See 9 FAM 203.6-11 on V92/V93 medical exams and treatment, and 9 FAM 203.6-10 below for additional guidance on processing cases with Class A medical conditions. As background, 9 FAM 302.2 provides information on medical ineligibilities and Class A and Class B findings.

(3) (U) See 9 FAM 203.6-11 for instructions on processing cases which may involve V93 bars or inadmissibilities, and for information on waivers for INA 212(a) ineligibilities.

9 FAM 203.6-10 (U) PROCESSING V93 CASES WITH POSSIBLE BARS OR INADMISSIBILITIES

(CT:VISA-1951; 03-19-2024)

a. (U) Introduction: This section provides information on processing V93 cases for beneficiaries who may be subject to bars, inadmissibilities, or discretionary denial.

b. (U) V93 Beneficiaries Who May Be Subject to Bars or Inadmissibilities

(1) (U) What to Do If Beneficiary May Be Inadmissible:

(a) (U) If the beneficiary is subject to an inadmissibility then the case should be sent as a consular return to USCIS via the NVC (see 9 FAM 203.6-18 below) with supporting documentation explaining in detail the inadmissibility finding and any other reason(s) for the request for USCIS to reopen the case and to issue a Notice of Intent to Deny (NOID) or to issue a Request for Evidence for a completed Form I-602, Application by Refugee for Waiver of Inadmissibility Grounds if at least one of the reasons for the return is an inadmissibility for which a waiver is available.

(b) (U) If the beneficiary is subject to an inadmissibility for which a waiver is available (see paragraph (4) below), USCIS will communicate with the applicant about the possibility of filing a Form I-602, Application by Refugee for Waiver of Inadmissibility Grounds. USCIS will adjudicate a properly filed waiver.

(c) (U) If USCIS approves the Form I-602, Application by Refugee for Waiver of Inadmissibility Grounds, and all other ineligibility issues are addressed, or if USCIS determines that the inadmissibility identified by you does not apply, USCIS will reaffirm the case and transfer it back to the consular section via the NVC. If USCIS approved a waiver, the approved waiver will be included in the case file transferred back.

(2) (U) V93 Class A Medical Inadmissibilities:

(a) (U) No V93 beneficiary with a Class A medical condition, or with another INA 212(a)(1)(A)-(C) ineligibility which has not been waived, may be processed for travel to the United States (see 9 FAM 203.6-11 below).

(b) (U) V93 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.

(c) (U) 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 should continue to process the applicant for V93 benefits. Once treated, the Form I-602 is no longer needed.

(d) (U) Reporting Medical Exam Results to RPC: If a V93 beneficiary undergoes treatment for a Class A condition, notify the RPC that the case has been placed "on hold pending medical treatment."

(3) (U) When to Report Possible INA 212(a) Inadmissibilities to the Department:

(a) (U) Because of the Department's responsibility for foreign policy, human rights, and worldwide narcotics and counter terrorism policies, you must report to L/CA any case in which the officer believes that the beneficiary may warrant review for possible inadmissibility under any of the following grounds:

(i) (U) INA 212(a)(2)(C) (controlled substance traffickers);

(ii) (U) INA 212(a)(3)(A) (espionage/tech transfer/unlawful activity), INA 212(a)(3)(B) (terrorism), INA 212(a)(3)(C) (foreign policy), or INA 212(a)(3)(E) (Nazi persecution/genocide); INA 212(a)(3)(G) (Use of child soldiers); and

(iii) (U) The second sentence of INA 101(a)(42) (persons who have engaged in persecution).

(b) (U) The Department may choose to review such cases for purposes of making a recommendation to USCIS or a formal finding under INA 212(a)(3)(C).

(4) (U) V93 Waivers of Inadmissibility

(a) (U) Authority to Grant V93 Waivers:

(i) (U) The Secretary of DHS has delegated authority to USCIS to waive certain inadmissibilities of INA 212(a) as they apply to refugee applicants, including V93 beneficiaries (see INA 207(c)(3)). Discretionary waivers may be granted for all inadmissibilities except those relating to traffickers in controlled substances under INA 212(a)(2)(C), and those under INA 212(a)(3)(A), INA 212(a)(3)(B), INA 212(a)(3)(C), INA 212(a)(3)(E), and INA 212(a)(3)(F), which relate to espionage, terrorism, genocide, and other security matters.

(ii) (U) USCIS may grant waivers on an individual basis and in its discretion for humanitarian purposes, for family unity, or when in the public interest.

(b) (U) Requesting Waivers: To apply for a waiver of inadmissibility under INA 212(a), V93 beneficiaries must submit a completed Form I-602, Application by Refugee for Waiver of Inadmissibility Grounds. No fee is charged for refugee waiver applications. Send Form I-602 to the CA/VO/F V92/93 portfolio holder.

(i) (U) If the application is denied, the letter will give the reason for the denial. The decision cannot be appealed. Process the case, per guidelines for individuals not approved to travel (see 9 FAM 203.6-18 below).

(ii) (U) If the waiver application is approved, include the waiver in the beneficiary’s travel packet. Continue processing the case (9 FAM 203.6-16 below).

9 FAM 203.6-11 (U) MEDICAL ISSUES AND V93 BENEFICIARIES

(CT:VISA-1951; 03-19-2024)

a. (U) V93 Cases and Medical Inadmissibilities: All V93 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 refugees when they adjust to LPR status.

b. (U) Medical Examinations: (U) V93 Medical Exams

(1) (U) Arranging for V93 Medical Examination: All V93 beneficiaries entering the United States must have the same medical examination as IV applicants.

(a) (U) Panel Physician or IOM: The medical examination for V93s may be conducted by a panel physician or by the International Organization for Migration (IOM). Refer approved V93 beneficiaries to IOM after the consular interview if IOM has a local office. If there is no IOM office in the country, assist the V93 beneficiary to schedule a medical examination with the panel physician.

(b) (U) Exam Timing: The exam may take place before the consular interview if the V93 beneficiary is known to have what may be an excludable medical condition or if the processing is being expedited. However, medical exams should usually be scheduled after the interview and approval of the V93 beneficiary.

(2) (U) Validity of Medical Clearance: See 9 FAM 302.2-3(C) for additional information about the length of validity of an applicant’s medical exam.

(3) (U) Who Pays for the V93 Medical Examination?

(a) (U) The U.S. Government pays the cost of refugee medical exams through IOM. If IOM has a local office, contact the local IOM representative, and ask for prepayment or reimbursement of the cost for medical exams.

(b) (U) Where IOM has no local office, the embassy or consulate should pay the cost of V93 medical exams and ask IOM in Makati, Philippines to reimburse the mission's expenses or request reimbursement directly to the panel physician. Occasionally, V93 medical exams expire. In such situations, the procedures above should be repeated.

(c) (U) If IOM will reimburse the panel physician directly, the panel physician should submit an invoice to the consular section with all relevant details, including the beneficiary’s name, date of birth, cost of physical exam(s), x-rays, and laboratory tests (if necessary). The request for payment should provide the physician's bank account information for direct reimbursement. Prepare a cover letter attesting that the medicals have been performed under the Centers for Disease Control and Prevention (CDC) guidelines. Forward the reimbursement request with the cover letter to IOM:

Attn: Head, MAC-Project Monitoring Unit
Project Monitoring Unit
Manila (Global) Administrative Center
28th Floor, Citibank Tower, 8741 Paseo de Roxas
1226 Makati City, Philippines

(d) Unavailable

(4) Unavailable

(5) (U) Questions: Contact PRM/A if you have questions about refugee medical requirements.

c. (U) Class A and Class B Conditions: V93 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. See 9 FAM 203.6-10 above for additional instructions on processing cases involving Class A medical conditions.

d. (U) V93 Notifications to RPC on Medical Issues:

(1) (U) You should notify the Refugee Processing Center (RPC) immediately by email (Visa93@wrapsnet.org) if the physician detects any Class A and/or Class B medical conditions.

(2) (U) Class A and/or Class B medical conditions may have an important impact on resettlement, and sponsors may need time to adjust reception and placement arrangements. Notify the RPC immediately if a V93 beneficiary:

(a) (U) Has Hansen's disease with six months of responsive treatment;

(b) (U) May need hospitalization on arrival;

(d) (U) Has a mental disorder and needs continuous psychiatric or special care.

(3) (U) If after the V93 Biodata Form is sent to the RPC (see 9 FAM 203.6-15), the physician finds a medical condition that requires a decision by the CDC (Class A mental condition, etc.), you should notify the RPC.

(4) (U) When you are notified that a V93 beneficiary’s medical condition has been downgraded to Class B, permitting the person to travel, or that a waiver (Form I-602) has been approved, request an amended assurance through the RPC (see 9 FAM 203.6-15 ).

e. (U) V93 Medical Treatment: The cost of medical treatment to make a V93 ready for travel is usually paid by the U.S. Government through IOM. Contact PRM/A for guidance.

f. (U) V93 Vaccinations: V93 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 203.6-12 Unavailable

(CT:VISA-1951; 03-19-2024)

a. Unavailable

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(5) (U) V93 cases are sent to post with a completed Form I-590 for each beneficiary (note that beneficiaries do not need to complete Parts 5 and 8 or sign the Form I-590). If no Form I-590 for the beneficiary is included in the V93 case received, you should request that the beneficiary complete a Form I-590 and bring it with them to the interview. You must verify the information is correct at the time of interview and document any changes on the Form I-590 based on the beneficiaries’ responses at the interview. The changes should be reviewed by the beneficiary, numbered and noted on page 13 of the Form I-590, and the beneficiary asked to sign the Form I-590, acknowledging any changes. You have the discretion to request that the beneficiary provide a new Form I-590 if a significant period (such as a year or more) has passed since the original Form I-590 was submitted. However, in such cases, you must compare the original Form I-590 to the re-submitted Form I-590 for any changes that need to be addressed. You must still review the resubmitted Form I-590 to validate the information and document any changes, note the changes on page 13 of the Form I-590, and have the beneficiary sign.

(6) Unavailable

d. Unavailable

9 FAM 203.6-13 Unavailable

(CT:VISA-1951; 03-19-2024)

a. Unavailable

(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 V93 Processing: You may not suspend processing of V93 cases even if the beneficiary provides information that casts doubt on the petitioner's right to refugee status. Process the V93 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).

9 FAM 203.6-14 Unavailable

(CT:VISA-1951; 03-19-2024)

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-590, Application for Refugee and Withholding of Removal; or

(b) (U) The child was listed on the Form I-590 as appropriate, and the child is unmarried; or

(c) (U) The child was not included in their parent’s refugee application, but the child was under 21 when their parent filed the Form I-730 petition, and the child is unmarried.

(2) (U) Children who turned 21 years of age before August 6, 2002, are not covered by the CSPA, unless either the Form I-730 petition or the petitioner's Form I-589 was pending on that date. If the Form I-730 petition 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.

(3) (U) If a child marries after the Form I-730 petition 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 V93 status. The intent of Congress was for CSPA to be ameliorative and thus it is liberally construed. For example:

(a) (U) If a beneficiary was unmarried and under 21 at the time of the Form I-730 filing and adjudication, she or he is eligible for CSPA protection.

(b) (U) If they turn 21 and marries before the consular interview, she or he loses CSPA protection. However, if they divorce before the interview, she or he is again eligible for CSPA protection and Form I-730 benefits.

b. (U) For complete guidance on applying the CSPA to V93 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.

c. (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 petition does not need to be filed; the previously approved I-730 petition may still be used.

(3) (U) Examples:

(a) (U) If a beneficiary child married after the Form I-730 petition was filed and divorced before adjudication of the Form I-730 petition 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 at the time the principal was admitted as a refugee or at the time a Form I-730 petition was filed on that beneficiary’s behalf, even if the beneficiary subsequently 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 refugee admission and “at the time of filing” the Form I-730.

9 FAM 203.6-15 (U) V93 POST-INTERVIEW ACTIONS

(CT:VISA-1951; 03-19-2024)

a. (U) Overview: All V93 beneficiaries must travel to the United States under IOM’s auspices; they may not make their own separate travel arrangements. This section outlines the steps required to complete those travel arrangements, once the V93 beneficiary has been approved to travel:

(1) (U) Reporting V93 interview results – paragraph b

(2) (U) Obtaining V93 sponsorship assurance – paragraph c

(3) (U) Making V93 travel arrangements – paragraph d

(4) (U) Paying for V93 travel – paragraph e

(5) (U) Reporting V93 itinerary – paragraph f

b. (U) Communicating with the Refugee Processing Center (RPC) about V93 Interview Results:

(1) Unavailable

(2) Unavailable

c. (U) V93 Sponsorship Assurance:

(1) (U) Assurance: RPC coordinates the process of finding a resettlement agency to sponsor each refugee, including V93 beneficiaries. The agency's agreement to sponsor the case is called an assurance. RPC will email a copy to the consular section for the travel packet. If the assurance is later amended, also include the amended assurance in the travel packet.

(2) Unavailable

(3) (U) Physical Conditions Affecting Resettlement: Advise the RPC in the following circumstances so the resettlement agency can make adequate arrangements for reception and housing:

(a) (U) The V93 beneficiary needs a stretcher, wheelchair, or crutches; and

(b) (U) The V93 beneficiary needs special housing arrangements (for example, because they are unable to climb stairs or is hearing or sight impaired).

(4) (U) Sponsorship Assurance Validity: The assurance is valid for up to 12 months from its date of issue. Ask the RPC to renew the assurance if the V93 beneficiary will travel after the expiration. If the assurance will expire soon, request a renewal promptly so that travel will not be delayed.

(5) (U) Amended Assurance: To amend or reconfirm a sponsorship assurance because of new information or changes affecting the V93 beneficiary's resettlement, contact the RPC by e-mail. To submit an amended assurance, the Resettlement Agency must verify the updated information and reaffirm their ability to accept the case. An amended assurance takes around 1 to 2 weeks from the time the RPC requests it. You must request an amended assurance in the circumstances below:

(a) (U) Changes in biographic information (A-number, date of birth, any part of the applicant's name, case number);

(b) (U) Adding/removing family members from the case;

(d) (U) Changes to petitioner information (local address in the United States and telephone number).

d. (U) V93 Travel Arrangements: Once these steps are completed, the V93 beneficiary will be “travel-ready” and travel arrangements can be requested. You may request IOM transportation only for approved-to-travel V93 beneficiaries for whom a sponsorship assurance has been received.

(1) (U) IOM Flights and Assistance for V93 Beneficiaries:

(a) (U) All V93 beneficiaries must travel on International Organization for Migration (IOM)-arranged flights to the United States to comply with travel security regulations and ensure access to important Reception and Placement benefits in the United States.

(b) (U) IOM also provides travel assistance for V93 beneficiaries, including travel reservations, ticketing, escorts, help in transit, and help at the POE upon arrival in the United States. In addition, IOM manages the refugee travel loan program.

(c) (U) Refugees and V93 beneficiaries usually travel coach class and must pay for their travel and for any excess luggage and shipment of pets (see paragraph e below).

(d) (U) When requesting travel notify the RPC via email, and send a copy of the visa foil, if applicable.

(2) (U) Requesting IOM Transportation for V93 Beneficiaries:

(a) Unavailable

(b) (U) Sponsorship: Provide a copy of the sponsorship assurance to the IOM mission handling the transportation arrangements.

(d) (U) Ticketing: IOM oversees V93 beneficiary departures to the United States. If IOM is not present in the country of departure, IOM New York should inform post about ticketing procedures.

(3) (U) Medical Escorts for V93 Beneficiaries:

(a) (U) Notify IOM of any medical problems that may affect the V93 beneficiary’s ability to travel. IOM may arrange medical escorts as needed.

(b) (U) IOM normally uses IOM medical staff as medical escorts. If the staff member must have a U.S. visa to travel to the United States, IOM will inform the embassy or consulate in writing of the purpose of the travel. IOM must occasionally schedule travel in an emergency and may request priority consideration, as necessary. Contact PRM/A if you have questions that cannot be resolved locally.

e. (U) Paying for V93 Travel:

(1) (U) Introduction: Either before travel (see paragraph (2)), or by repayment of a travel loan (see paragraph (3)), V93 beneficiaries must pay for their travel. They must pay for excess luggage and shipment of pets at the time of travel.

(2) (U) Prepaid Transportation: V93 beneficiaries who want to pay for their own transportation at the time of travel may do so, but the International Organization for Migration (IOM) must still schedule all travel because of travel security regulations. If IOM has no local office, the refugee or a family member in the United States may prepay the cost of the airfare to IOM New York at the address in paragraph (3)(a) below.

(3) (U) Availability of Travel Loans: Refugees, including V93 beneficiaries, may receive interest-free loans from the U.S. Government through IOM for the cost of their transportation.

(a) (U) IOM Travel Loan Promissory Note: Refugees, including V93 beneficiaries, needing a travel loan for their travel must sign a promissory note agreeing to repay the loan after arrival in the United States. If IOM supervises the departure, IOM will execute the promissory note on departure. If the consular section is handling the processing of a V93 case, you should explain the process and have the refugee sign the promissory note. The original signed note should be sent to IOM at the following address:

International Organization for Migration

122 East 42nd Street, Suite 1610

New York, NY 10168

(b) (U) Repayment, Loan Collection: Repayment of the loan begins six months after arrival in the United States. We expect the total amount to be repaid within three years. Resettlement agency sponsors explain the repayment procedures to refugees during orientation after arrival in the United States.

(4) (U) IOM Travel Loan Promissory Note Text: The following is a sample of the IOM Travel Loan Promissory Note.

f. (U) V93 Travel Itinerary: When IOM notifies the consular section of the travel itinerary, inform the RPC even if the applicant pays for his own ticket, giving the case number and detailed flight information. Notify the V93 beneficiary of the travel itinerary and departure arrangements.

9 FAM 203.6-16 (U)V93 BENEFICIARIES APPROVED TO TRAVEL

(CT:VISA-1951; 03-19-2024)

a. (U) Approval to Travel

(1) (U) A V93 beneficiary is “approved to travel,” if you find that:

(a) (U) The beneficiary has established by a preponderance of the evidence their identity, and a qualified relationship to the petitioner;

(b) (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

(2) (U) See 9 FAM 203.6-18 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.

(3) (U) IVO should be updated to note approval to travel.

b. (U) V93 Travel Documentation

(1) (U) Overview:

(a) (U) A V93 boarding foil (see paragraph (2)), placed in a passport or other travel document and a travel packet (see paragraph (3)) 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 in paragraph (b) below.

(b) Passport or Other Travel Document: A V93 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.

(c) (U) Delivery of V93 Travel Packets, Boarding Foils: All V93 beneficiaries must travel to the United States under IOM’s auspices. They may not make their own separate travel arrangements, and under no circumstances should you give them their travel packets directly without IOM’s express authorization. Give the travel packet(s) and travel document with boarding foil directly to IOM. IOM should return the travel packet to the consulate if a V93 beneficiary misses a flight.

(2) (U) Boarding Foils:

(a) (U) For purposes of security, uniformity, and workload tracking, all V93 cases processed by consular officers must be issued V93 boarding foils. These foils also facilitate the boarding of beneficiaries by airlines flying to the United States.

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(3) (U) Travel Packet:

(a) (U) Hand Carried Packet: Each departing V93 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 V93 Packet: If a V93 travel packet is lost or stolen:

(i) (U) Take a sworn statement from the beneficiary as to the circumstances of the loss or theft;

(ii) (U) If a travel packet is stolen, ask the beneficiary to provide a police report as evidence of the theft, if available;

(iii) (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;

(iv) (U) Enter a case note into the NIV case record explaining what happened to the packet and on what date;

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(4) (U) Passport or Other Travel Document: A V93 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.

9 FAM 203.6-17 Unavailable

(CT:VISA-1951; 03-19-2024)

a. (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 93 boarding foil and provide their travel itinerary before re-issuing a new boarding foil. You must verify that the beneficiary is still eligible for follow-to-join benefits. You must 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.

b. (U) For Visas 93 cases: The RPC will email consular sections informing them that unless an individual has traveled within a year, an amended assurance will not be requested unless the consular section confirms that a case is still active. This will help the RPC determine which cases are still open/active. Cases with expiring assurances will be placed on hold until the consular section informs the RPC whether an amended sponsorship assurance is needed, or the case has been closed. In the event an applicant requests a new boarding foil, and it has been more than one year, you must request a new sponsorship assurance from the RPC.

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(CT:VISA-1951; 03-19-2024)

a. (U) Not Approving Travel: You should not approve V93 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) Has not cleared required medical examinations and security checks.

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f. (U) Systems Update: You must 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.

g. (U) Consular Returns: All cases denied travel should be returned via NVC to the adjudicating USCIS office for V93 beneficiaries.

h. (U) Memo for USCIS: Consular returns require preparation of a Consular Return Memo.

i. (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.

(1) (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.

(2) (U) The memo must be supported by sufficient specific, verifiable, and concrete information or evidence.

(3) (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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(5) (U) Editable Version: Consular Return Memo.

j. (U) Documenting, Submitting Consular Return:

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(2) (U) The memo and supporting evidence, in addition to the V93 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).

k. (U) Informing Beneficiaries:

(1) (U) You must inform the beneficiary in writing (with a cc to the petitioner and representative of record) 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.

k. (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.

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