9 FAM 601.13 (U) CONSULAR RETURNS

9 FAm 601.13

(U) Consular Returns

(CT:VISA-1956; 03-21-2024)
(Office of Origin: CA/VO)

9 FAM 601.13-1 (U) Confirming Petition Validity

(CT:VISA-1876; 12-08-2023)

(U) An approved petition is prima facie evidence that the requirements for the visa classification, which are examined by a USCIS adjudicator during the petition adjudication process, have been met. The approval of a petition by USCIS does not, however, relieve the applicant of the burden of establishing visa eligibility. While most petitions are bona fide, you should confirm during the visa interview that the facts as stated in the petition are true, and that nothing has changed that would affect the validity of the petition. Remember that the Department of Labor and USCIS generally interact solely with the petitioner in writing; the interview often is the first point during the petition-based visa process where a United States Government representative can interact with the beneficiary of the petition. Additionally, consular officers overseas benefit from cultural and local knowledge because they work and live overseas, making it easier to spot exaggerations or misrepresentation in qualifications.

9 FAM 601.13-2 (U) Drafting a Consular Return

9 FAM 601.13-2(A) Unavailable

(CT:VISA-1876; 12-08-2023)

a. Unavailable

b. Unavailable

9 FAM 601.13-2(B) Unavailable

(CT:VISA-1727; 03-10-2023)

a. Unavailable

b. Unavailable

9 FAM 601.13-2(C) Unavailable

(CT:VISA-1727; 03-10-2023)

Unavailable