Insight from Chennai – March 2002
Posted Apr 05, 2002

During Attorney Murthy's recent trip to India, she met with officials at the U.S. consulate in Chennai, India. Prior to that meeting, our Office submitted written questions to the consulate on matters of policy and procedure. This in-depth meeting with the consular officials has provided helpful information and insight. As many of our MurthyBulletin and MurthyDotCom readers and their families utilize the Chennai consulate, we know this information will be beneficial.

The Chennai Consulate WebSite contains helpful information. Immigrant visa appointment dates (details below) are listed on the WebSite, which also has answers to frequently asked questions, including police certificate questions.

Security Concerns

Consulate officials did not offer any specifics with regard to how the information on the new DS-157 form is used or whether certain types of applicants can expect to receive higher scrutiny. They did provide the following guidance: "All applicants are processed equally and in accordance with governmental guidelines. Applicants are encouraged to apply as early as possible for their visas."

H-4 Visa Issuance

Chennai revealed their policy requiring that the principal applicant have a current visa in order for the dependent spouse or child to obtain a visa in a dependent classification. For example, in order for the spouse of an H1B visa holder to obtain an H-4 visa, the H1B worker must have a current visa in his/her passport. We explained to the consulate that, in many cases, if the H1B extended or changed her/his status in the U.S., the principal applicant would not have a current visa in his/her passport.

The consulate advised that, in their view, most of these cases involve H1Bs who travel to India to get married and need the visa to reenter in any event. In such cases, couples make their visa applications together. If there is an instance of a spouse applying separately for an H-4, proof of the principal applicant's legal status in the U.S. is required along with the H-4 application. This last portion of the explanation seems to indicate that an H1B visa is not required, but that just proof of status is adequate. (Usual proof of status is a current I-94 plus an employer letter or pay-stubs.) It has, nonetheless, remained usual practice to require the H1B visa stamp, though the consulate is aware that this may not always be available, if the principal changed status within the U.S.

Web-Based NIV Appointments

The MurthyBulletin recently reported that Chennai is requiring web-based non-immigrant visa appointments, as of March 4, 2002, except for those eligible for "DropBox" or "business express" processing. That February 22, 2002 article, Web-Based Non-Immigrant Visa System in Chennai, which contains information on eligibility for the non-Internet procedures, is available on MurthyDotCom. In light of this change, we were concerned that not all persons in India have Internet access. The consulate advised that the travel agents' association of India and the related travel agencies have been informed of the requirement. They will ensure that their clients can make appointments over the Internet.

Police Certificate Requirement for Immigrant Visa Applicants

As many MurthyBulletin and MurthyDotCom readers are aware, the Chennai consulate is now requiring two kinds of police clearances: (a) a Police Clearance Certificate from the police authorities in the local jurisdiction and (b) a record from the regional Indian Passport Office (for persons domiciled in India) or from the Indian Embassy (for persons domiciled in the U.S.). We inquired about the delay caused by these procedures and the value of this particular requirement.

The consulate explained that the police certificate requirement is a directive from the U.S. Department of State (DOS) headquarters in Washington. Therefore, the consulate does not make decisions regarding the police certificate policy. They suggest people plan well in advance regarding police certificates and begin researching the matter upon receipt of their immigrant visa instructions in "Packet III."

Change From Adjustment of Status to Consular Processing

A procedure established in September 2000, which was outlined in a cable from DOS, directs that posts process immigrant visas based upon the I-140 (Petition for Alien Worker) Approval notice, the I-824 (Application for Action on Approved Petition) receipt, and Packet III forms sent directly to the consulate. We asked the consulate whether they were following this procedure with respect to processing immigrant visas for persons who change from the Adjustment of Status to Consular Processing. Chennai does not use this procedure.

The consulate indicated that it would consider all such matters on a case-by-case basis, based primarily on workload. The consular officers who met Attorney Murthy at Chennai on March 15, 2002 informed her that, in principle, they could agree to review and issue immigrant visa appointment dates based on the DOS September 2000 cable. Their concern, however, is that other junior consular officers may not be comfortable without the original file from the INS or the NVC. They stated that they might be able to implement this procedure for EB-1 (Employment, first preference) applicants, but could not implement it for all employment categories due to a 500% growth in the employment-based caseload over the past year. Presumably, this increase is due to the INS' taking so long for the I-485 approvals for adjustment of status within the U.S. This has caused consular processing to become increasingly popular. Additionally, the "current" status of all priority dates in the EB-3 (Employment, third preference) category that had previously been backlogged has added to the increase in their workload.

Lead-Time for IV Interview

The consulate informed us that IV appointments are generally scheduled six to eight weeks in advance. Appointments are posted on the consulate's WebSite. This method allows for advance notice in case the appointment letter is delayed in the mail. The applicant must know the case number in order to access this information.

We thank Clyde Jones, Chief of the Consular Section at the U.S. Consulate in Chennai for his kind hospitality, as well as that of his staff, and the helpful information they so generously provided in advance of our meeting. We also greatly appreciate their availability in meeting with Attorney Murthy to discuss these issues in detail.