9 FAM 403.3
(U) Pre-interview Processing
(CT:VISA-1879; 12-08-2023)
(Office of Origin: CA/VO)
9 FAm 403.3-1 (U) Statutory and Regulatory Authorities
9 FAM 403.3-1(A) (U) Immigration and Nationality Act
(CT:VISA-1; 11-18-2015)
(U) INA 221(b) (8 U.S.C. 1201(b)); INA 222(e) (8 U.S.C. 1202(e)).
9 FAM 403.3-1(B) (U) Code of Federal Regulations
(CT:VISA-1; 11-18-2015)
(U) 22 CFR 41.103; 22 CFR 41.105.
9 FAM 403.3-2 (U) Kentucky consular center processing
9 FAM 403.3-2(A) (U) Role of the Kentucky Consular Center (KCC)
(CT:VISA-1732; 03-10-2023)
Unavailable.
(1) Unavailable.
(2) Unavailable.
9 FAM 403.3-2(B) Unavailable
(CT:VISA-1732; 03-10-2023)
a. Unavailable.
(1) Unavailable.
(2) Unavailable.
(3) Unavailable.
(4) Unavailable.
b. Unavailable.
9 FAM 403.3-2(C) Unavailable
(CT:VISA-1732; 03-10-2023)
a. Unavailable.
(1) Unavailable.
(2) Unavailable.
b. Unavailable.:
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(2) Unavailable.
(3) Unavailable.
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(5) Unavailable.
(6) Unavailable.
c. Unavailable.
d. Unavailable.
9 FAM 403.3-2(D) Unavailable
(CT:VISA-1732; 03-10-2023)
a. Unavailable.
(1) Unavailable.
(2) Unavailable.
(3) Unavailable.
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(5) Unavailable.
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b. Unavailable.
c. Unavailable.
9 FAM 403.3-2(E) Unavailable
(CT:VISA-775; 05-06-2019)
a. Unavailable.
(1) Unavailable.
(2) Unavailable.
b. Unavailable.
c. Unavailable.
9 FAM 403.3-2(F) Unavailable
(CT:VISA-915; 08-06-2019)
Unavailable.
9 FAM 403.3-3 (U) Scheduling Appointments
(CT:VISA-1698; 02-14-2023)
a. (U) Per 7 FAH-1 H-263.7, CA requires all consular sections to use an NIV appointment system. An effective appointment system must be flexible, must accommodate most applicants, and must be consistent with effective interviewing and security processing. An appointment system should provide for expedited handling of urgent business travelers, students, those with emergent or humanitarian purposes of travel, as well as cases with Department interest brought to the attention of the Consular Section Chief by the DAS for Visa Services. Posts should consider setting aside dedicated blocks of time for those categories. Requests for expedited appointments, whether in a GSS system or in a stand-alone system, must be approved or denied by a consular manager; or by a designated consular adjudicator, EFM consular assistant, EFM consular associate, or remote officer designated by a consular manager. Consular managers must review a random selection of expedite requests approved by designees no less than twice per month at posts with wait times in any visa class of 120 days or higher.
b. (U) See the appointment systems page on CAWeb for a detailed discussion of how to devise an appointment system and manage it to improve efficiency and to provide better service to applicants.
9 FAM 403.3-4 (U) Procedures for Submitting Applications to Consular Sections
(CT:VISA-1832; 09-20-2023)
a. (U) Overview: Visa application materials, passports, photos, evidence of payment of machine readable visa (MRV) fee, and appropriate supporting documents may be submitted to the consular section for processing as described below. Regardless of the intake procedure, you must bear in mind the following:
(1) (U) Intake procedures constitute an avenue for the transfer of physical documents and electronic data to the consular section for processing. They are essentially mechanical and do not reflect on the applicant’s qualifications for a visa. In other words, any value added by a third-party service provider must take the form of clerical or communication support (for example, in typing forms or hand-delivering documents to the visa section). You must avoid the appearance or implication of third-party evaluation of visa applications.
(2) (U) You must carefully evaluate local operating needs and conditions to structure intake procedures that provide adequate oversight and internal controls. This is important when controlling issued visas.
(3) (U) Screening of electronic visa applications or documentation by LE staff should not encroach on adjudication. Screening by LE intake staff should only be for completeness of application and generally should not extend to interviewing or making notes within the application or in the case notes beyond the scope of the screener’s function. LE staff must not turn applicants away who have a visa appointment for lack of documentation. For more information see 7 FAH-1 H-648.1-4.
(4) (U) Regardless of the method of intake used, you must ensure that you meet all regular processing requirements, including personal appearance instructions outlined in 9 FAM 403.5.
b. (U) Walk-in Applicants: Applicants will hand-carry the form DS-160 confirmation page when appearing at the consular section for an appointment and, in some cases, without an appointment. You should normally assign application screening responsibilities to a LE staff member, who will be responsible for reviewing applications for completeness. Consular managers must establish procedures to ensure that completed applications are accepted and that LE staff personnel do not inappropriately defer or refuse processing.
c. (U) Online Applications and Barcoding: The DS-160 confirmation page has a barcode, which facilitates data entry. You may use this barcode to complement various intake procedures.
d. (U) Personal Appearance Waived: Applicants for whom you may waive a personal appearance as discussed in 9 FAM 403.5-4(A) may submit application materials through a bank or courier service that collects and delivers application materials to the consular section.
e. (U) Management Controls: With any of the above procedures, consular managers must ensure that:
(1) (U) Criteria for waiver of personal appearance are clearly stated in writing and are in full compliance with 9 FAM 403.5-4(A);
(2) (U) You have developed explicit, written standard operating procedures for accounting for and controlling documents; and
(3) (U) Internal controls procedures exist to prevent manipulation of procedures by guards, courier service personnel, or other service providers.
f. (U) Working with Travel Agencies and Businesses:
(1) (U) Many applicants will choose to use a travel agent or bank courier service to facilitate the visa application process. This will take various forms, from providing information to assistance in completing Form DS-160. Consular managers must establish clear procedures in working with these companies to ensure that all processing requirements are met as efficiently as possible, and that any appearance of impropriety is avoided. Outside agents provide consular sections with an avenue for providing information to the public. They have no role in the visa review or adjudication process;
(2) (U) Consular sections may not enter into exclusive arrangements with travel agents for any purpose and may not allow travel agency advertising in the consular section or imply endorsement of a particular travel agency or group of agencies. Lists of preferred agencies are not appropriate;
(3) (U) Consular managers will generally find it useful to establish channels of communication to the business and travel industries, both to advise agents and airlines of changes in procedure and to provide periodic training as appropriate.
g. (U) Referrals: Post must follow procedures outlined in 9 FAM 601.8 for cases submitted through the visa referral system.
9 FAM 403.3-5 (U) BIOMETRIC VISA PROGRAM
(CT:VISA-915; 08-06-2019)
(U) Section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107-173) has required, since October 26, 2004, that all visas issued by the Department must be machine-readable, tamper-resistant, and use biometric identifiers. See 9 FAM 303.5 and 9 FAM 303.7 for information on the Biometric Visa Program.
9 FAM 403.3-5(A) (U) Photograph Requirements
(CT:VISA-775; 05-06-2019)
a. (U) Submission of Photo: Applicants are permitted to submit photographs with their applications either electronically by uploading them into the online application form, or by submitting a hard-copy photograph.
b. (U) See 9 FAM 303.6-2(A)(1) for guidance on photo standards.
9 FAM 403.3-5(B) (U) Collecting Fingerprints
(CT:VISA-1732; 03-10-2023)
a. Unavailable.
(1) Unavailable.
(2) Unavailable.
(3) Unavailable.
(4) Unavailable.
b. Unavailable.
9 FAM 403.3-6 (U) Biometric Signature and Affirmation of Ds-160 NIV Application
(CT:VISA-1879; 12-08-2023)
a. (U) You must scan an applicant's fingerprints immediately preceding the interview and not at the conclusion of the interview.
b. (U) Posting Statement Near Fingerprint Scanner: Consular sections must display the required text below at any place where an applicant’s fingerprints are collected or verified, in the window above the fingerprint scanner or on the counter next to the scanner, whichever works best for the consular section, and where it is clearly visible to the applicant. Consular sections that have television monitors in the waiting areas may also place the text there but must still display it in the window above or on the counter next to the fingerprint scanner. At consular sections where officers interview in a language other than English, the text should be displayed in English and a translation in the appropriate local language(s).
c. (U) Required Text:
“By submitting my fingerprint, I am certifying under penalty of perjury that I have read and understood the instructions and questions in my visa application and have reviewed the response, all of which made by me, and certify that my responses are true and correct. Furthermore, I certify under penalty of perjury that I will tell the truth during my interview and that all statements made by me during my interview will be accurate and complete to the best of my knowledge.”
d. (U) You must ensure each applicant is aware of what they are agreeing to by submitting their fingerprints for collection or verification. You are not required to read the posted text to the applicant word for word.
e. (U) The electronic signature is deemed by regulation to serve as the signature on the digital or physical photograph submitted in connection with the application. You do not have collect a separate physical signature on the photograph.