UNCLASSIFIED (U)

9 FAM 504.10

(U) Immigrant Visa Issuance

(CT:VISA-891;   07-15-2019)
(Office of Origin:  CA/VO/L/R)

9 FAM 504.10-1  (U) statutory and regulatory Authorities

9 FAM 504.10-1(A)  (U) Immigration and Nationality Act

(CT:VISA-1;   11-18-2015)

(U) INA 101(a)(16) (8 U.S.C. 1101(a)(16)); INA 206 (8 U.S.C. 1156); INA 221(a) (8 U.S.C. 1201(a)); INA 221(c) (8 U.S.C. 1201(c)); INA 222(b) (8 U.S.C. 1202(b)); INA 224 (8 U.S.C. 1204).

9 FAM 504.10-1(B)  (U) Code of Federal Regulations

(CT:VISA-1;   11-18-2015)

(U) 8 CFR 211.1(b)(1); 8 CFR 211.3; 22 CFR 42.64(b); 22 CFR 42.71; 22 CFR 42.72; 22 CFR 42.73; 22 CFR 42.74.

9 FAM 504.10-1(C)  (U) Public Law

(CT:VISA-1;   11-18-2015)

(U) Public Law 97-359.

9 FAM 504.10-1(D) (U) Executive Orders

(CT:VISA-1;   11-18-2015)

(U) E.O. 10718.

9 FAM 504.10-2  (U) Standard Procedures in Issuing Visas

9 FAM 504.10-2(A)  (U) Immigrant Visa Validity

(CT:VISA-696;   10-12-2018)

(U) Per INA 221(c), an immigrant visa is normally valid for a maximum of six months except for certain visas issued to a child lawfully adopted by a United States citizen and spouse while such citizen is serving abroad in the United States Armed Forces, or is employed abroad by the United States Government, or is temporarily abroad on business.  (See INA 221(c), in part.)

(1) (U) Limitation of Visa Validity to Meet Passport Validity Requirement:  If an immigrant is required to present a valid passport, you must note whether the alien’s passport is valid for at least 60 days beyond the period of validity of the visa, as required in 22 CFR 42.64(b).  Officers may limit the validity of the visa to less than six months if the passport is valid for 60 days plus a period sufficient to enable the alien travel to the United States.  If the alien is excepted from the 60-day validity requirement under 22 CFR 42.64(b), officers may limit the validity of the visa to less than six months to coincide with the validity of the passport, provided the period of time will be sufficient for the alien to travel to the United States.

(2) (U) Special Validity Considerations Regarding Children:  8 CFR 211.1(b)(1) provides for the entry, without a visa, of a child born subsequent to the issuance of a visa to the parent.  (See 9 FAM 201.2-3 .)

(3)  (U) Ineligibility Under Public Law 104-208:  An alien applying for redetermination of admissibility must meet the additional grounds of ineligibility under Public Law 104-208.

(4)  (U) Arrival in United States After Visa Expiration:  DHS regulation, 8 CFR 211.3, provides that an immigrant visa, reentry permit, refugee travel document, or Form I-551, Permanent Resident Card, should be regarded as unexpired if the rightful holder:

(a)  (U) Embarked or enplaned before the expiration of the immigrant visa, reentry  permit, or refugee travel document or, with respect to the Form I-551, before the first anniversary of the date of departure from the United States; and

(b)  (U) The vessel or aircraft arrives in the United States or foreign contiguous territory on a continuous voyage.

(5)  (U) Defining "Continuous Voyage":  The continuity of the voyage should not be deemed to have been interrupted if the alien:

(a)  (U) Makes scheduled or emergency stops en route to the United States or foreign continuous territory;

(b)  (U) Lays over in foreign contiguous territory for the sole purpose of effecting a transportation connection to the United States; or

(c)  (U) Transfers to another conveyance in foreign contiguous territory solely for the purpose of effecting a transportation connection to the United States.

9 FAM 504.10-2(B)  (U) Machine Readable Immigrant Visas (MRIV)

(CT:VISA-1;   11-18-2015)

(U) The machine-readable immigrant visa (MRIV) is printed on the same adhesive foils used for nonimmigrant visas (NIV) and includes the following information:

(1)  (U) Biographic data about the immigrant visa applicant;

(2) (U) Information about the immigrant visa itself, (issuing post, visa type, case number, date of issuance and date of expiration);

(3) (U) The registration number (A-number) assigned to the immigrant;

(4) (U) Any annotations entered to reflect waivers or other information useful for the port of entry (POE) upon the applicant's admission to the United States;

(5)  (U) A digitized photo of the visa recipient; and

(6) (U) Two lines of machine-readable data scanned by the immigration officer at the POE.

9 FAM 504.10-2(C)  (U) Information to Include on the Immigrant Visa (MRIV)

9 FAM 504.10-2(C)(1)  (U) Visa Recipient Name

(CT:VISA-1;   11-18-2015)

a. (U) Consistent Spelling of Aliens' Names on Visas and Passports:

(1)  (U) In order to avoid difficulty in identifying and processing aliens coming into the United States, DHS requires that an alien's name be spelled on Form I-94, Arrival and Departure Record, exactly as the name appears on the alien's passport.  You must assist DHS by ensuring that the names of visa applicants are spelled the same on their visa applications Form DS-260, Online Application for Immigrant Visa and Alien Registration, immigrant visas, and passports.  If an alien's name has been misspelled on the passport, the alien must have the passport amended to show the correct spelling.  All other documents must also show the same correct spelling.

(2) (U) A female alien who marries subsequent to the filing of the petition Form I-130, Petition For Alien Relative, or Form I-140, Immigrant Petition For Alien Worker, but prior to visa issuance, must indicate this on Form DS-260, Online Application for Immigrant Visa and Alien Registration, by answering yes to "Have you ever used another name (i.e., maiden, religious, professional, alias, etc.)?" and listing her maiden name in the "Other Surnames Used (maiden, religious professional, alias, etc.)" field.  If Form DS-260 has already been submitted, the alien must advise the consular officer of the marriage to ensure that Form DS-260 is amended.  Posts must enter the maiden name into IVO as an alias.  It is not necessary for an alien falling within the purview of this note to obtain a new or amended passport unless local regulations so require.

b. (U) Alias Information Shown on Immigrant Data Summary Cover Sheet:

(1) (U) Posts must enter alias information into IVO as part of applicant entry.  Alias information is listed on the Immigrant Data Summary page printed by IVO after the Machine-Readable Immigrant Visa (MRIV) is printed and checked for quality assurance (QAed), and placed as a cover sheet on the immigrant visa envelope.

(2) (U) Posts must limit alias information to names that identify the individual.  Posts must include maiden names, anglicized names, which may have been used in the United States, and other distinct names used by the alien.  Posts must not, however, include nicknames derived from the real names.

c.  (U) Spanish Name Indexing:  Posts must enter Spanish names into IVO in strict compliance with the instructions in 9 FAM 303.2-14.  These instructions accord with the DHS indexing system, and must be followed.  Posts must enter Spanish names in the same sequence on visa applications, visas, and passports.

9 FAM 504.10-2(C)(2)  (U) "City and Country of Birth" and "City and Country of Last Residence"

(CT:VISA-1;   11-18-2015)

a. (U) Posts must enter the city and country of birth into IVO.  If applicable, enter the region of birth as well.  "CITY AND COUNTRY OF LAST RESIDENCE" refers to the last residence outside the United States.  Do not enter a U.S. address into this data field.

b. (U) Exception for Tibetans:  Applicants of Tibetan origin who are properly chargeable to China have occasionally vehemently protested the policy of showing China on their immigrant visa (IV) as their country of chargeability and/or place of birth.  In such instances, the general policy of showing the country of chargeability and the fact that Tibet is part of China for visa chargeability purposes must be explained to the applicant.  You  may make exceptions to showing China as the country of chargeability in individual cases upon consideration of all the circumstances, provided that the internal records of the Department clearly permit the visa to be tracked to China for chargeability purposes.  This may be done by entering the code "CCCC" into the computer program that generates Form OF-155-B, Immigrant Visa and Alien Registration, which will result in "unassigned" appearing in the relevant places on the visa.

9 FAM 504.10-2(C)(3)  (U) "Mother's First Name" and "Father's First Name"

(CT:VISA-1;   11-18-2015)

(U) Posts must ensure that only the first (given) name of each parent is entered in the IVO data fields.  Only in the case of a hyphenated name should more than a single name be included.  Additional names or the full name should not be included.

9 FAM 504.10-2(C)(4)  (U) "Final Address in the United States"

(CT:VISA-1;   11-18-2015)

(U) Posts must ensure that the final address in the United States is complete and accurate, including a ZIP code when it can be determined.  This is the address that DHS will use to mail the applicant the "green card."  Posts must enter the State in the form of the official two-letter U.S. postal code.  Post must specify "care of" (c/o) to the principal resident at the U.S. address entered into the relevant IVO data fields and printed on the Immigrant Data Summary cover sheet.  Failure to indicate the "c/o" designation may result in the return of the green card to the DHS.

9 FAM 504.10-2(C)(5)  (U) Amerasian Notation Under Public Law 97-359

(CT:VISA-1;   11-18-2015)

(U) Public Law 97-359 requires DHS to report statistics on Amerasians and their dependents who receive immigrant visas (IV) under the terms of that law.  So that DHS inspectors at ports of entry (POE) may be able to identify these cases, use the appropriate immigrant visa codes listed in IVO; they begin with the letter "A."

9 FAM 504.10-2(D)  (U) Importance of Proper Assembly of Immigrant Visas and Supporting Documents

(CT:VISA-838;   06-03-2019)

(U) Consular officers must ensure that visas are prepared strictly in accordance with the prescribed procedure.  This is not only to reduce the possibility of fraud, but also to prevent the visas from becoming separated from the proper supporting documents, while in the hands of travel agents, pursers, government officials, the courts, and persons operating the Department of Homeland Security (DHS) files over many years.

9 FAM 504.10-2(D)(1)  (U) Assembling Immigrant Visa Application Materials and Relevant Notations

(CT:VISA-233;  10-25-2016)

(U) In cases where the applicant has submitted Form DS-260, Online Application for Immigrant Visa and Alien Registration, you should attach all the supporting documents together, except medical documents in Class A or B tuberculosis cases and X-ray film.  Supporting documents include copies of all civil documents that are pertinent to the relationship between Petitioner and Beneficiary and the Affidavit of Support. You should be careful NOT to include any criminal information on the Petitioner that may have been included in case file or any documents that are law enforcement sensitive.  (See 9 FAM 504.10-2(D) above.)

9 FAM 504.10-2(D)(2)  (U) Petitions

(CT:VISA-1;   11-18-2015)

a. (U) In Cases Where the Applicant has Submitted Form DS-260, Online Application for Immigrant Visa and Alien Registration:

(1)  (U) If an approved petition has been received, you must attach all supporting documents received from the applicant under the petition and any documents affixed to the petition.  (Do not detach the documents from the petition.)  If blood tests were required as supporting evidence of the relationship, you must attach the report of such tests, or a certified copy thereof, to the petition.  If the alien is a beneficiary of more than one petition, you must attach all petitions.

(2)  (U) If the spouse or children of the beneficiary of an approved petition will benefit from the same status, you must include the petition in the principal applicant's document envelope.  You must insert a notation in the CCD Web Application Report associated with the Form DS-260, using either the general notation function or the notation function associated with the spouse, children and/or parent sections.  Notations should be entered in the CCD Application Web Report association with Form DS-260 executed by each alien.

b. (U) Posts may issue immigrant visas (IVs) based on official notifications from the Department of Homeland Security (DHS), or in emergency situations, on the basis of an originally approved Form I-797, Notice of Action.  DHS will send official notifications to post through the National Visa Center (NVC).  NVC then forwards the notifications to posts.  In the case of family-based petitions, all original documentation establishing the claimed relationship should be presented.  In the case of employment-based petitions, where documentation is necessary in order to determine job requirements and qualifications of the alien, posts may issue an IV on the basis of Form I-797, if accompanied by a certified copy of the original Form I-140, Immigrant Petition For Alien Worker, and supporting documentation which were originally submitted to DHS.

c.  (U) If the post issues the immigrant visa on the basis of an official notification from DHS, include a copy of the notification in the immigrant visa envelope if the visa is issued before the petition is received.  In such a case, when the petition is received, posts must return it to the DHS approving office with a memorandum indicating:

·         (U) Date visa issued;

·         (U) Kind of visa and number, if assigned;

·         (U) Name of person to whom visa was issued;

·         (U) Port and date of arrival of beneficiary in the United States, if known; and

·         (U) Intended place of residence of beneficiary in the United States as stated in the visa.

9 FAM 504.10-2(D)(3)  (U) Document Arrangement

(CT:VISA-838;   06-03-2019)

(U) You must attach all supporting documents, with the exception of medical documents in Class A or B tuberculosis cases and X-ray film and support documentation for the Affidavit of Support, face up and attached to each to each other by staple or round-head brass paper fastener in the top center.  NOTE:  You should not print out the DS-260, Online Application for Immigrant Visa and Alien Registration, or the associated Online IV Application Report, and neither document should be placed in the packet.

9 FAM 504.10-2(D)(4)  (U) Medical Documents

(CT:VISA-696;   10-12-2018)

a. (U) Post's disposition of the medical documents will vary depending on whether or not a class A or B medical condition exists.  See 9 FAM 302.2-3(F)(10) for specific information on disposition of medical documents after visa issuance to applicants with and without class A or B medical conditions.  See 9 FAM 302.2-3(C) for information about validity periods of medical examination.

b. (U) Aliens Exempt From Vaccination Requirement:  The adoptive or prospective adoptive parent(s) must provide an original copy of the signed affidavit to a consular officer either prior to or at the time of the visa interview for inclusion in the case file.  This copy must be attached to the Form DS-2054, Report of Medical Examination by Panel Physician, and included with the supporting documents attached to the issued IR-3 or IR-4 visa.

9 FAM 504.10-2(D)(5)  (U) Affidavit of Support and Other Supporting Documents

(CT:VISA-121;  05-03-2016)

a. (U) The Form I-864, Affidavit of Support Under Section 213A of the Act, must be included in the stapled visa packet along with the support documents.

b. (U) Supporting documents should be included in the visa packet but should not be stapled or grommeted to the Form I-864 or other documents attached to the visa package.  Supporting documents consist of the following:

(1)  (U) The most recent Federal income tax return filed prior to the time of Form I-864 signing; and

(2)  (U) Evidence of assets and liabilities (if applicable).

9 FAM 504.10-2(D)(6)  (U) Documents for Dependents

(CT:VISA-1;   11-18-2015)

a. (U) Documents for Accompanying Dependents:  Each applicant must submit a signed Form I-864, Affidavit of Support Under Section 213A of the Act, (and Form I-864-A, Contract Between Sponsor and Household Member, if needed).  If, however, the principal applicant and dependents will travel together, only one complete set of supporting documents is required.  The supporting documents should be included in the principal applicant's visa packet and the principal applicant's alien registration number should be recorded on each accompanying dependent's Form I-864 in the "FOR AGENCY USE ONLY' box on page 1.

b. (U) Documents for Following-to-Join Dependents:  Each applicant must submit a signed Form I-864, Affidavit of Support Under Section 213A of the Act, (and Form I-864-A, Contract Between Sponsor and Household Member, if needed).  If all following-to-join applicants will travel together, only one complete set of supporting documents is required.  The documents should be included in one applicant's visa packet and his or her alien registration number should be recorded on each accompanying dependent's Form I-864 in the "FOR AGENCY USE ONLY' box on page 1 for all following-to-join immigrants.

c.  (U) Documents for Family Members with Separate Petitions:  If separate petitions have been filed for family members, even accompanying or following-to-join relatives, a complete set of supporting documents is required for each principal applicant.

9 FAM 504.10-2(D)(7)  (U) Assembling a Visa

(CT:VISA-493;   02-06-2018)

(U) You must place the Immigrant Data Summary page which is printed after the immigrant visa is printed and Q&A on top of the envelope containing the supporting documents, aligning the upper left corner of the Summary pages and the supporting documents protruding through the envelope.  If applicable, posts should place these on top of the envelope containing Form DS-2054, Report of Medical Examination by Panel Physician; Form DS-3030, Tuberculosis Worksheet; Form DS-3025, Vaccination Documentation Worksheet; and Form DS-3026, Medical History and Physical Examination Worksheet.  Posts must attach the Summary Page, supporting documents, and Form DS-2054 envelope (if applicable) with two heavy-duty staples in the upper left corner of Summary Page, well above the space for the alien's name so as not to obscure the name.  When attaching an envelope containing medical forms, you should ensure that staples do not go through the documents inside the envelope.  Posts must assemble individually the visas of members of a family group; they must not be attached together with staples.

9 FAM 504.10-2(D)(8)  (U) Document Placement in Envelope

(CT:VISA-1;   11-18-2015)

a. (U) You must put all supporting documents into a 9-1/2" x 12" Kraft envelope with gummed flap and "Foreign Service of the United States of America" and "Official Business" printed thereon, from which the bottom left corner has been cut.  You must make the cut by starting 3" from the bottom of the envelope and continuing on an angle of approximately 50 degrees to a point 2 inches from the left side of the envelope.  The envelope must bear the following wording in large type:

IMPORTANT NOTICE:

TO BE OPENED ONLY BY A U.S. IMMIGRATION OR PUBLIC HEALTH SERVICE OFFICER.  THIS IS YOUR VISA.  IT MUST BE SURRENDERED TO THE U.S. IMMIGRATION OFFICER AT A PORT OF ENTRY INTO THE UNITED STATES.  DO NOT PACK IT; IT MUST BE HAND-CARRIED.

    (U) You must place all supporting documents in the envelope so that the upper left corner of the packet protrudes through the missing corner of the envelope.

b. (U) Using Rubber Stamp Seal and Initials When Sealing Envelopes:  Posts must seal all envelopes containing the visa documentation by imprinting the rubber stamp seal one time in the center where the flap is glued to the body of the envelope.

c.  (U) Illustration of Immigrant Visa Envelope:

 

Title: Illustration of Immigrant Visa Envelope - Description: Illustration of Immigrant Visa Envelope

 

9 FAM 504.10-2(E)  (U) Other Required Steps

9 FAM 504.10-2(E)(1)  (U) Cancelling Nonimmigrant Visa When Immigrant Visa Issued

(CT:VISA-1;   11-18-2015)

(U) If an applicant for an immigrant visa (IV) holds a valid nonimmigrant visa (NIV), the nonimmigrant visa must be canceled when the immigrant visa is issued.  No certificate of invalidation or other report is required.  If an IV is issued to the bearer of a valid border crossing identification card, the card must be canceled or destroyed.  No record is to be made of such cancellation or destruction.

9 FAM 504.10-2(E)(2)  (U) Statement Signed by Alien of Marriageable Age Issued Visa as Child

(CT:VISA-1;   11-18-2015)

(U) The post must require an alien of marriageable age, issued a special immigrant, immediate relative, or preference immigrant visa or charged to the foreign state of an accompanying parent by reason of status as a “child” or as an “unmarried son or daughter,” to sign Form DS-237, Statement of Marriageable Age Applicant.  The post must attach Form DS-237 to the immigrant visa (IV).

9 FAM 504.10-2(E)(3)  (U) Attaching Statement to Visa Issued Under Numerical Limitation

(CT:VISA-1;   11-18-2015)

(U) When a visa is issued under the provisions of INA 203(a) or (b) the post must provide the following statement along with the immigrant visa (IV):

“If, for any reason, you are unable to use your visa, you are requested to return it to this office.  Failure to return your unused visa may result in an unnecessary delay in the issuance of a visa to some other qualified applicant.  Your cooperation in this regard will enable this office to issue a visa to another applicant promptly.  Should you, within the near future, desire to reapply for an immigrant visa, every possible consideration will be given to granting you the benefit of your original priority date on the waiting list.”

9 FAM 504.10-2(E)(4)  (U) Social Security Registration

(CT:VISA-1;   11-18-2015)

a. (U) The Social Security Act requires that every new immigrant, regardless of age, be issued a Social Security number (SSN) at the time of admission to the United States for lawful permanent residence (LPR).  Non-citizens applying to enter the United States may apply for their SSN on Form DS-260, Online Application for Immigrant Visa and Alien Registration, Social Security Number Information Page, if they will be 18 years of age or older upon their arrival.  Those who do so can expect to receive their SSN card at their new U.S. address within three weeks of arriving.  See paragraph c below for further explanation.

b. (U) Those who cannot or do not apply for their SSN cards on their visa application must visit their local Social Security office to apply once they have a permanent address in the United States.  Applicants must bring their passport with their MRIV or Form I-551, Permanent Resident Card, if they have it; and their birth certificate and a birth certificate for each member of their family applying for a Social Security number.

c.  (U) Letter to All immigrants and Refugees Regarding Social Security Numbers:

LETTER TO ALL IMMIGRANTS AND REFUGEES
REGARDING SOCIAL SECURITY NUMBERS

TO:           All Immigrants and Refugees

FROM:        Social Security Administration

SUBJECT:   Social Security Numbers for All Family Members

We are pleased to welcome you to the United States. By law, each immigrant or refugee admitted to the U.S.A. must obtain a Social Security number. You will need a Social Security number to work in the United States, to open a bank account, to pay taxes, and for many other purposes.

If you have already requested a Social Security number on your Form DS-260, you can expect to receive your Social Security card at your new address.  If you do not receive a card at your U.S. address within three weeks of being admitted into the United States, have not already requested a Social Security Number, or are arriving as a refugee, please call the nearest Social Security office.  The telephone number is listed at www.ssa.gov/locator and in the local telephone directory under "United States Government."

Take the passport or travel document, "Alien Registration Receipt Card" (Form I-551) if any, and the birth certificate (if you have one) for each family member to the Social Security office. A Social Security representative will help you complete the Social Security number application form. (A Social Security card will be mailed to your home approximately 2 weeks after the Social Security Office has everything it needs. If the Social Security Office needs to verify documents with the issuing agency, it may take longer.)

d. (U) The letter in paragraph c above should be reproduced locally and provided to all persons issued immigrant visas or refugee documentation. Where appropriate, posts may arrange for translation and printing in the local language on the reverse of the English version. Department approval of translations is not required. 

9 FAM 504.10-2(E)(5)  (U) Selective Service Registration

(CT:VISA-411;   07-20-2017)

a. (U) Under the provisions of the Military Selective Service Act and the Presidential Proclamation dated July 2, 1980, registration is required for males who have attained their 18th birthday but not reached their 26th birthday.  Such aliens must present themselves to a U.S. Post Office designated for registration within 30 days after entering the United States.

b. (U) All such aliens must sign Form DS-1810, Notice of Duty to Register with U.S. Selective Service System (see paragraph c below), at the time of the immigrant visa (IV) interview.  Posts must enclose the signed Form DS-1810 with the other documents in the issued IV packet.  Posts should also give to the alien a duplicate copy, printed in both English and the language of the host country.

c. (U) Notice of Duty to Register With U.S. Selective Service System:  See Form DS-1810.

9 FAM 504.10-2(E)(6)  (U) Attaching Pertinent Provisions of Foreign Law to the Visa of an Alien Convicted of Certain Offenses

(CT:VISA-1;   11-18-2015)

(U) When the police record does not clearly show that an offense of which an alien was convicted does not involve moral turpitude within the meaning of INA 212(a)(2)(A)(i)(I), attach a copy of the pertinent foreign statute, together with its translation, to the police record. Attaching the text of the foreign statute will facilitate the examination of the alien at the Port of Entry (POE).

9 FAM 504.10-3  (U) Special Procedures in Issuing immigrant Visas

9 FAM 504.10-3(A)  (U) Conditional Residents

9 FAM 504.10-3(A)(1)  (U) Applicants Classified as Conditional Immigrants

(CT:VISA-121;  05-03-2016)

a. (U) The administration of the Immigration Marriage Fraud Amendments of 1986 falls mostly on the DHS.

b. (U) The primary responsibility of consular officers is to identify, at the time of visa issuance, marriages of less than two years which have been the basis of petition approval.  If an applicant's basis for immigration is a marriage to a petitioner which was entered into less than two years prior to the date of visa issuance, the consul must classify the applicant as a "conditional immigrant" using the appropriate symbol listed below:

(1)  (U) CR1-Spouse of a U.S. citizen;

(2)  (U) CR2-Child of a CR1 applicant (step-child of petitioner);

(3)  (U) C21-Spouse of alien resident (subject to country limitation);

(4)  (U) C22-Child of alien resident (subject to country limitation);

(5)  (U) C23-Child of C21 or C22;

(6)  (U) CX1-Spouse of alien resident (exempt from limitations);

(7)  (U) CX2-Child of alien resident (exempt from limitations);

(8)  (U) CX3-Child of CX1 or CX2;

(9)  (U) C24-Unmarried son/daughter of alien resident;

(10) (U) C25-Child of C24;

(11) (U) C31-Married son/daughter of U.S. citizen;

(12) (U) C32-Spouse of C31; or

(13) (U) C33-Child of C31.

c.  (U) The Immigration Act of 1990 creates a conditional status for employment-based 5th preference employment-creation visas.  The appropriate symbols are listed below:

(1)  (U) C51-Employment-creation outside targeted area;

(2)  (U) C52-Spouse of C51;

(3)  (U) C53-Child of C51;

(4)  (U) T51-Employment-creation in targeted area;

(5)  (U) T52-Spouse of T51; and

(6)  (U) T53-Child of T51.

9 FAM 504.10-3(A)(2)  (U) Notice Of "Conditional Status"

(CT:VISA-1;   11-18-2015)

a. (U) Aliens normally entitled to IR-1, IR-2, F21, F22, F23, F24, F25, F31, F32, or F33 classification will be granted “conditional status” (C21, C22, CX1, CX2, CX3, C24, or C25, respectively) at the time of visa issuance if:

(1)  (U) The basis for immigration is a marriage to a petitioner, which was

(2)  (U) Entered into less than 2 years prior to the applicant’s admission to the United States as an immigrant.  (See 9 FAM 504.10-3(A)(1) above.)

b. (U) All information packages for applicants or information online in ImmigrantVisas.state.gov in these categories must include a notice of conditional status.  The text of the notice is to be followed verbatim:

 “If, at the time of admission to the United States you will not have celebrated the second anniversary of your marriage, which is the basis of your immigrant status, you are subject to the provisions of section 216 of the Immigration and Nationality Act.  Under the provision, you will be granted conditional permanent residence by an officer of the U.S. Citizenship and Immigration Services (USCIS) at the time of your admission to the United States.  As a result, you and your spouse must file a joint petition with the Immigration and Naturalization Service to have the conditional status removed.  The petition must be filed within the 90-day period immediately preceding the second anniversary of the date you were granted conditional permanent resident status.  If a petition to remove the conditional basis of your status is not filed within this period, your conditional permanent residence status will be terminated automatically and you will be subject to removal from the United States.”

9 FAM 504.10-3(B)  (U) Annotations

9 FAM 504.10-3(B)(1)  (U) Annotations - Overview

(CT:VISA-1;   11-18-2015)

a. (U) You should annotate the immigrant visa with information that is helpful to the immigration officer at the port of entry upon the applicant’s admission to the United States.  The Immigrant Visa Overseas (IVO) system includes most common annotations in a drop down list, or annotations can be manually entered using up to 44 characters per line.

b. (U) Indicate any waivers approved by USCIS by annotating the visa.  IVO includes drop-down annotations for most waivers that you may use and edit, if necessary.

c. (U) Because a beneficiary may not precede the principal applicant in entering the  United States, indicate if the applicant is a beneficiary accompanying or following to join the principal applicant.  You should use the IVO drop-down annotation:  “Valid only if Acc/FTJ Father/Mother/Spouse.”  Annotate the MRIV for derivative beneficiaries to inform both the applicant and the port of entry that they cannot precede the principal applicant in entering the United States and their visa is valid only if they accompany or follow-to-join the principal applicant. 

9 FAM 504.10-3(B)(2)  (U) Immigrant Passport Waivers 

(CT:VISA-891;   07-15-2019)

a. (U) If the passport requirement for an immigrant is waived under 22 CFR 42.2, you should annotate the IV MRV foil to indicate the waiver.  This will help the carriers and the port of entry (POE) determine if an immigrant without a valid passport is properly documented.  For example, if the passport is waived in the case of an immigrant who is the spouse of a U.S. citizen, the annotation should read:

“PASSPORT NOT REQUIRED PER 22 CFR 42.2(a).”

b. (U) If a passport is not required under an individual waiver, the annotation should contain a reference to 22 CFR 42.2(g) as well as to the date and number of the specific instruction from the Department.  In such a case the notation on the visa should read:

"PASSPORT WAIVED PER 22 CFR 42.2(g) BY DHS and STATE DEPT:  DATED MM/DD/YY."

c.  (U) The IV MRV should be placed on Form DS-232, Unrecognized Passport or Waiver Cases (this form is used in lieu of a passport).  If the immigrant has a travel document (expired or unrecognized passport, for example), you should attach it to the travel document as described in 9 FAM 403.9-6(B), which contains detailed instructions on using Form DS-232.  See also 9 FAM 303.8-6 for information on processing DS-232 cases in IVO.

9 FAM 504.10-3(B)(3)  (U) Annotation for Waivers Under 212(E), (G), (H), OR (I)

(CT:VISA-1;   11-18-2015)

(U) If an applicant has been accorded the benefits of INA 212(e), (g), (h), or (i), annotate the MRIV, add appropriate case notes to IVO and scan relevant documents into IVO.  Make a note on the Online IV Application Report associated with the applicant's submitted Form DS-260, Online Application for Immigrant Visa and Alien Registration, using the general notation function, regarding the INA section invoked.

9 FAM 504.10-3(B)(4)  (U) Annotation to Reapply for Admission

(CT:VISA-1;   11-18-2015)

(U) DHS may grant permission to reapply for admission to the United States to an immigrant otherwise ineligible under INA 212(a)(9)(A).  However, such permission to reapply does not remove the grounds which led to the alien's denial of admission to or removal from the United States.  The reason for such denial of admission or removal may lead to another ground of ineligibility.  If consent to reapply for admission has been granted to an applicant, annotate the MRIV "212(a)(9)(A): consent to reapply granted by DHS," make appropriate case notes, scan relevant documents into IVO, and make a note on the Online IV Application Report associated with the applicant's submitted DS-260, Online Application for Immigrant Visa and Alien Registration, using the general notation function.

9 FAM 504.10-3(B)(5)  (U) Notation if Public Charge Bond Posted

(CT:VISA-1;   11-18-2015)

(U) If a public charge bond has been posted on behalf of an applicant, posts must insert an endorsement on the Online IV Application Report associated with the applicant's submitted DS-260, Online Application for Immigrant Visa and Alien Registration, using the general notation function, showing the amount of the bond and the date and place of posting.  Make appropriate case notes and scan relevant documents into IVO.

9 FAM 504.10-3(B)(6)  (U) Notation for Vaccination Waiver 

(CT:VISA-1;   11-18-2015)

a. (U) If a vaccination requirement has been waived, posts must annotate the immigrant visa to indicate the appropriate waiver grounds in the annotation field, either "212(g)(2)(A), (B), or (C)," as appropriate.

b. (U) Posts should indicate INA 212(a)(1)(A)(ii) refusals using the code "12V," to avoid confusion with the previous code for ineligibility due to mental and/or physical disorders, and to ensure accurate data sharing with DHS lookouts.  Posts should only enter this code for those cases that are not overcome by a waiver.

9 FAM 504.10-3(B)(7)  (U) Applicants Who are the Subject of Private Legislation

(CT:VISA-1;   11-18-2015)

(U) If an applicant is the beneficiary of a private law, posts must make a notation on the Online IV Application Report associated with the applicant's submitted Form DS-260, Online Application for Immigrant Visa and Alien Registration, using the general notation function, showing the number of the private law and the provision of law which has been waived or from which relief has been, otherwise, granted by the Congress.  When possible, posts should also include a copy of the private law in the supporting documents.  If the post is notified by telegram of the enactment of a private law, posts should include the telegram or a certified copy with the other documents.

9 FAM 504.10-3(B)(8)  Unavailable

(CT:VISA-858;   06-13-2019)

Unavailable

9 FAM 504.10-3(C)  (U) Lawful Permanent Residents

9 FAM 504.10-3(C)(1)  (U) Issuing Immigrant Visa to Lawful Permanent Resident (LPR)

(CT:VISA-1;   11-18-2015)

(U) DHS and the Department have agreed that a lawful permanent resident (LPR) alien is entitled to apply for and, if qualified, may be issued an immigrant visa in any other visa classification.  For example, an immigrant who is admitted as a conditional immigrant may at some future date qualify for a visa in an employment-based category and thus be admitted in a non-conditional status.  Do not require the alien to relinquish Form I-551, Permanent Resident Card, as a condition for issuance of another immigrant visa.

9 FAM 504.10-3(C)(2)  (U) Recipients of Returning Resident (SB-1) Visas

(CT:VISA-838;   06-03-2019)

a. (U) A recipient of a returning resident (SB-1) visa will normally possess a previously issued Form I-551, Permanent Resident Card.  If for some reason the alien no longer possesses the form, posts should instruct the alien to apply for a replacement on Form I-90, Application to Replace Permanent Resident Card.

b. (U) Posts must include in the immigrant visa (IV) any previously issued Form I-551, Permanent Resident Card, possessed by the alien, including returning resident (SB-1) aliens, in the same envelope.

9 FAM 504.10-4  (U) Required Notifications

9 FAM 504.10-4(A)  (U) Female Genital Mutilation/Cutting (FGM/C) Notification Requirement

(CT:VISA-684;   10-03-2018)

(U) 8 U.S.C. 1374 requires DHS, with the cooperation from the Department of State, to notify visa recipients of the severe harm to physical and psychological health caused by Female Genital Mutilation/Cutting (FGM/C). 

9 FAM 504.10-4(A)(1)  (U) All Consular Sections Required to Post FGM/C Fact Sheet

(CT:VISA-684;   10-03-2018)

(U) All consular sections must display the U.S. Government Fact Sheet on Female Genital Mutilation or Cutting (FGM/C) (the FGM/C Fact Sheet) in the NIV and/or IV waiting room.  The Fact Sheet must be displayed in English and the relevant local language, if available.  The following translation are available:

(1)  (U) Amharic FGM/C Fact Sheet;

(2) (U) Arabic FGM/C Fact Sheet;

(3)  (U) Bahasa FGM/C Fact Sheet;

(4)  (U) French FGM/C Fact Sheet;

(5)  (U) Somali FGM/C Fact Sheet;

(6)  (U) Swahili FGM/C Fact Sheet; and

(7)  (U) Tigrinya FGM/C Fact Sheet.

9 FAM 504.10-4(A)(2)  (U) Requirement to Provide Copy of FGM/C Fact Sheet to IV Recipients

(CT:VISA-684;   10-03-2018)

(U) The posts listed below are the designated IV processing posts for nationals from countries where FGM/C is prevalent.  The posts below are to display the FGM/C Fact Sheet consistent with this guidance and to provide a copy of the FGM/C Fact Sheet in either English or the relevant local language to all applicants over the age of 14 issues an IV. 

(U) List of Posts to Provide Issued Applicant With FGM/C Fact Sheet:

Abidjan

Accra

Addis Ababa

Asmara

Baghdad

Cairo

Cotonou

Dakar

Dar es Salaam

Djibouti

Freetown

Jakarta

Kampala

Khartoum

Kinshasa

Lagos

 Lome

 Monrovia

 Nairobi

 Niamey

 Ouagadougou

 Sana'a

 Yaounde

 

(U) List of Countries Where FGM is Prevalent:

Benin   

Burkina Faso

Cameroon

Central African Republic

Chad

Cote d'Ivoire

 Djibouti

 Egypt

Eritrea

Ethiopia

Gambia

 Ghana

Guinea

Guinea-Bissau

 Indonesia

Iraq

Kenya

Liberia

Mali

Mauritania

Niger

Nigeria

Senegal

Sierra Leone

Somalia

Sudan

Tanzania

Togo

Uganda

Yemen

 

 

9 FAM 504.10-4(A)(3)  (U) Downloading FGM Notice From the Website

(CT:VISA-684;   10-03-2018)

a. (U) The Department has Amharic FGM/C Fact Sheet, Arabic FGM/C Fact Sheet, Bahasa FGM/C Fact Sheet; English FGM/C Fact Sheet, French FGM/C Fact Sheet, Somali FGM/C Fact Sheet, Swahili, and Tigrinya FGM/C Fact Sheet.  All posts should print out a copy of the English FGM/C Fact Sheet and the Fact Sheet in the relevant local language and reproduce it locally.  Posts are authorized to use their MRV allotment or fund site to cover local reproduction costs.

b. (U) If the appropriate local translation is not available, posts may also create their own notices in the dialects of the country that they serve.  If posts creates a local translation of the Fact Sheet it must provide a copy to VO/F for posting on travel.state.gov.

9 FAM 504.10-4(B)  (U) Public and Host Government Reaction to FGM/C Notification Requirement

(CT:VISA-684;   10-03-2018)

(U) The social and political sensitivities surrounding FGM/C in many countries may prompt public or host government reaction to the FGM/C Fact Sheet.  If you received questions from applicants about the FGM/C Fact Sheet you should indicate that United States law makes it illegal to perform or allow others to perform FGM/C in the United States on persons under the age of 18 for other than medical reasons.  The law also requires that persons receiving visas be advised of this fact, and of the medical and psychological damage caused by FGM/C, and direct the individual to information on FGM/C on WomensHealth.gov for more information. 

9 FAM 504.10-4(C)  (U) Foreign Agents Registration Act

(CT:VISA-121;  05-03-2016)

(U) The Foreign Agents Registration Act (22 U.S.C. 611 through 613) requires persons within the United States acting as agents of a foreign principal to register with the Department of Justice.  The purpose of this Act is “to protect the national defense, internal security, and foreign relations of the United States by requiring public disclosure by persons engaging in propaganda activities and other activities for or on behalf of foreign governments, foreign political parties, and other foreign principals so that the Government and the people of the United States may be informed of the identity of such persons and may appraise their statements and actions in the light of their associations and activities.”  Such registration places no restrictions on the lawful activities which may be engaged in by an agent of a foreign principal nor any stigma on anyone so registering.  It may be assumed that registrants have nothing to fear from public disclosure of their activities.  If statements obtained from an alien in connection with a visa application suggest that the applicant may be subject to the registration requirement of the Act, the consular officer should so inform the alien and advise that registration forms may be obtained, after arrival in the United States, from the Department of Justice, Washington, DC.

9 FAM 504.10-5  (U) Issuance of New or Replacement Visas

9 FAM 504.10-5(A)  (U) Issuing Replacement Visa During Validity of Original Visa

(CT:VISA-411;   07-20-2017)

a. (U) If you are satisfied that an applicant will be or was unable to use an immigrant visa (IV) during its validity period because of reasons beyond the applicant’s control and for which the applicant is not responsible then you may issue a replacement visa with the originally allocated visa number within the same fiscal year even though the visa has not yet expired.  You should recall and cancel the originally-issued visa and collect once again the appropriate IV application processing fee (including the Diversity Visa Lottery Fee for a DV applicant), unless the applicant was unable to use the visa as a result of action by the U.S. Government over which the alien had no control and for which the alien was not responsible.

b. (U) An applicant who will be or was unable to use an IV during its validity period because of reasons within the applicant's control can submit a new visa application if the petition has not been revoked and if the basis for immigration still exists (i.e., familial relationship).  This also applies for new IV applications outside of the original IV's fiscal year of issuance.

c.  (U) In the event an immigrant visa or boarding foil is reported lost or stolen, you should first check the ADIS database in the CCD to determine if the visa has already been used for entry into the United States.  If, after careful search in ADIS of either the passport number or the name/DOB, you determine that the visa has not yet been used, follow the procedures for reporting issued visas as lost or stolen set forth in 9 FAM 403.9-7.  If there are fraud indicators, the case should also be referred to the FPU.  In the event the immigrant visa was used by the applicant see 9 FAM 202.2-6 for facilitating the applicant’s return to the United States.

9 FAM 504.10-5(B)  (U) Returning Visa Numbers for Issued Unused Visas

(CT:VISA-1;   11-18-2015)

a. (U) If a visa recipient, for whatever reason, including death, does not use a visa, you should request the return of the visa.  Post should cancel and return the visa to the sender and return the visa number to the Department for reallotment to another beneficiary.  Unless the alien was unable to use the visa as a result of action by the U.S. Government over which the alien had no control and for which the alien was not responsible, you may not refund the fee collected for an issued visa even though the unused visa is returned and the number returned for reallotment.  (See 9 FAM 503.4-4, 22 CFR 42.71(b), and 9 FAM 504.10-2(E)(3) above.)

b. (U) The guidance contained in paragraph a above is not intended to curtail or otherwise affect your authority under INA 221(c) to issue a replacement immigrant visa.

9 FAM 504.10-5(C)  (U) Issuing New or Replacement Visa to Alien Previously Granted INA 212(g) Waiver

(CT:VISA-30;   12-29-2015)

(U) You may issue a new or replacement visa to an alien who was previously granted a waiver under INA 212(g) if the conditions in 9 FAM 302.2-5(D)(1) are met.

UNCLASSIFIED (U)