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DOS Changes
Review Requirements for Visas
Posted
Jul 07, 2006
©MurthyDotCom
The U.S. Department of
State (DOS) has issued a final rule on consular supervisory review
requirements. The rule became effective June 30, 2006 and changes the
previous rule that decisions to approve visas were to be spot checked. Now,
instead of spot checking, the rule requires all decisions to approve visas
to be reviewed by consular supervisors. Under the rule, the review should
occur on the same day as the decision to approve the visa. It is unclear,
however, whether high-volume consulates will be able to accomplish this
objective. The actual language used says that decisions are to be reviewed
"on the day of issuance or as soon as is administratively possible."
©MurthyDotCom
The new rule also provides that, unlike in the past, not all denials need to
be reviewed. A denial that is reviewed, however, is to be reviewed on the
same day, unless the denial occurs because the visa officer determines more
information is needed and the visa applicant has indicated that s/he will
provide this. In those instances, the consular supervisor has up to 120 days
to review the decision of the visa denial.
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This change is due to the perception that reviewing visa approvals will
advance U.S. border security. We at the Murthy Law Firm will monitor the
results of this change and report to our readers any impact on visa issuance
timings.
Copyright © 2006, MURTHY LAW
FIRM. All Rights Reserved

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