DOS Update - Dec 2004
Posted Dec 17, 2004
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The U.S. Department of State (DOS) holds semi-annual liaison meetings with the American Immigration Lawyers Association (AILA). These meetings allow for an exchange of information regarding current DOS procedures and policies pertaining to consular and related matters. DOS responses to the last meeting were provided to AILA members on December 7, 2004.
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Fingerprint Checks for Visas
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The DOS advises that all posts have been taking fingerprints for nonimmigrant and immigrant visa applicants since October 7, 2004. The DOS reports that there is no fingerprint-processing backlog. The fingerprints are checked against the DHS lookout database, known as IDENT. A visa cannot be issued, however, until there is an IDENT response. The response will either indicate that there is no derogatory information or will flag that there has been a match within the system.
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Machine Readable Immigrant Visas
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The DOS provides that the 125 posts that process Immigrant Visas all issue Machine Readable Immigrant Visas. The documents required from the applicant did not change as a result of the issuance of this more technologically advanced visa.
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Consular Posts In Mexico
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The DOS acknowledges that there is nothing inherently wrong with a person in B status in the U.S. changing to F, H, or another nonimmigrant status. The DOS did not agree to encourage the Mexican consular posts to accept third country nationals (TCNs) seeking visas after such a change of status, citing the consulates' discretion to accept any TCN cases. We do note that, due to potential fraud concerns, it can be problematic at the consulates when people enter the U.S. as B-2 visitors and then change to another category, particularly if the change is filed within a reasonably short timeframe.
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J-1s
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The DOS advises that it is working to update the 1997 skills list that determines in some situations whether a person is subject to the J-1 two-year home residency requirement. The DOS has been directed by the White House to use the Department of Education's "Classification of Instructional Programs" to code the J-1's subject or field. The DOS does recognize that errors may occur in determining whether §212(e), the home residency requirement, applies. The DOS encourages J-1s who are unsure to seek an advisory opinion. Ultimately, however, the DOS opinions are advisory only, and the Department of Homeland Security (DHS) has final authority on §212(e) applicability.
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Technology Alert List
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The Technology Alert List (TAL) is no longer available on a public website, so there is no way to know if it has been updated. The DOS does not have plans to provide more TAL details at this time, as they view the TAL as information for the consular officers to determine whether a Visa Mantis Security Advisory Opinion (SAO) is necessary. They do not view it as a tool for the public. Further, if a company has an export license for something on the TAL, this does not prevent an individual whom the company plans to hire from being subject to an SAO, as the license covers the company rather than the individual.
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SAO Improvement Project
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The SAO Improvement Project (SAO IP) to eliminate cables for SAOs has been implemented at all posts worldwide for the DOS processing of SAOs. Though cables continue to be the means of communication with other agencies, the cables should be phased-out by December 31, 2004 in favor of the SAO IP process. A separate system with the FBI is also expected to be implemented by December 31, 2004.
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Electronic DS-156
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The Electronic DS-156 form is expected to be updated in December 2004. The form will provide more space to answer various questions like: Have you ever been in the U.S.? Have you ever been issued a U.S. visa? Have you ever been refused a U.S. visa? No other forms, besides the DS-1648 that was made electronic in April 2004, are expected to become electronic in the near future.
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Kentucky Consular Center
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The DOS confirmed that consulates should accept the scanned I-797 approval from the Kentucky Consular Center (KCC) as proof of the approval, though some of the consulates have not updated their procedures to reflect this change. There is also an effort with DHS to have approval information sent directly from DHS to the consulate without the need for the KCC, but there is no estimate as to when this may occur.
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