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Results 1 to 4 of 4

Thread: CR1/IR1 embassy processing question.

  1. #1
    Anybody who went through consular processing of CR1/IR1 visa please clarify. Our interview is just around the corner. My spouse will take a train ride to the capital where the embassy is located. The passport is the only form of ID that is allowed to board the train.

    The question is does the embassy keep the passport and puts CR1/IR1 visa in it or the visa is in the sealed envelope and my spouse's passport will be stamped and the POE?

  2. #2
    This will be just like an Immigration visa, It will not be stamped in the Passport.
    Consul will collect all the documents along with the copies of her/his passport. will give him/her a closed envelop to be delivered at the port of Entry. Then they will stamp his/her passport with an Alien #
    Hope this is correct.

  3. #3
    Hi AK47,

    Adam is right. I did CR1. they don't keep the passport... they will give you a sealed packet and that's the visa... when ur spouse comes to United States... at port of entry she will have to go through immigration where they will take that packet and stamp I -551 with A # on passport valid for one year... that's as good as green card... u can apply for SS Card, Drivers license etc etc with that stamp... of course your spouse can work as well...

    You will get Green card in mail in couple of days... in my case I got it in less than 2 weeks...good luck...Pasha

  4. #4
    Michael
    Guest
    Foreign Affairs Manual Volume 9-Visas

    22 CFR 42


    Foreign Affairs Manual - Visas 42.73

    42.73 PROCEDURE IN ISSUING VISAS



    (TL:VISA-333; 11-15-2001)

    Related Statutory Provision

    (TL:VISA-333; 11-15-2001)

    See INA 221(a.)

    42.73--Notes

    (TL:VISA-554; 07-02-2003)

    42.73 N1--Canceling Nonimmigrant Visa When Immigrant Visa Issued

    (TL:VISA-3; 08-30-1987)

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

    42.73 N2--Issuing Immigrant Visa to LPR

    (TL:VISA-333; 11-15-2001)

    INS and the Department have agreed that a lawful permanent resident 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. The consular officer shall not require the alien to relinquish Form I-551 Permanent Resident Card, as a condition for issuance of another immigrant visa.

    42.73 N3--Foreign Agents Registration Act

    (TL:VISA-3; 08-30-1987)

    The Foreign Agents Registration Act (22 USC 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, D.C.

    42.73--Procedural Notes

    (TL:VISA-439; 07-10-2002)

    42.73 PN1--Completing Form OF-155B, Immigrant Visa and Alien Registration

    (TL:VISA-398; 04-23-2002)

    Form OF-155B, Immigrant Visa and Alien Registration, is a prenumbered, controlled form on safety paper. The form is printed using the automated immigrant visa processing system, which will overstrike the control number on the form and print the applicant's INS alien registration ''A'' number at the time of issuance. Signing officers must ensure that information entered on Form OF-155B is complete and correct. This will assist INS in processing the Permanent Resident Card and speed the delivery of the card to the immigrant. [See 9 FAM 42.73 PN4.] Note that all the information on the Form OF-155B is printed by the automated immigrant visa processing system. The following notes explain the data printed in these fields.

    42.73 PN1.1--Blocks on Form OF-155B, Immigrant Visa and Alien Registration Not to be Completed

    (TL:VISA-398; 04-23-2002)

    a. Posts shall not complete the following blocks on Form OF-155B, Immigrant Visa and Alien Registration:

    (1) ''ACTION BY IMMIGRATION INSPECTOR;''

    (2) ''THE IMMIGRANT NAMED ABOVE ARRIVED IN THE UNITED STATES VIA;''

    (3) ''ACTION OF I.J;''

    (4) ''ACTION ON APPEAL;'' and

    (5) ''USPHS'' (unless a Class A or B medical situation exists).

    b. If the INS file number is shown on an approved petition (particularly in employment-based preference cases), posts shall note it in the ''INS FILE #, IF KNOWN'' block; if not, the officer shall leave that block blank. [See 9 FAM 42.73 PN1.8 and 9 FAM 42.73 PN1.9 regarding the ''IMMIGRANT VISA NO.'' block and ''PASSPORT'' section, respectively.]

    42.73 PN1.2--Visa Recipient Name

    42.73 PN1.2-1--Consistent Spelling of Aliens' Names on Visas and Passports

    (TL:VISA-398; 04-23-2002)

    a. In order to avoid difficulty in identifying and processing aliens coming into the United States, INS 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. Consular officers shall assist INS by ensuring that the names of visa applicants are spelled the same on their visa applications (Form DS-230 I and II, Application For Immigrant VISA and Alien Registration), visas (Form OF-155B, Immigrant Visa and Alien Registration), 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.

    b. 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-230 by listing her maiden name as an ''AKA''. If Form DS-230 has already been submitted, the alien must advise the consular officer of the marriage to ensure that Form DS-230 is amended. Posts shall also include the maiden name on Form OF-155B as indicated in 9 FAM 42.73 PN1.2-2. 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.

    42.73 PN1.2-2--Alias Information Shown on Form OF-155B, Immigrant Visa and Alien Registration

    (TL:VISA-398; 04-23-2002)

    a. Posts shall add alias information to the cover sheet to assist INS in processing immigrant visas subsequent to the alien's admission The automated Immigrant Visa processing system will automatically print alias information on the Form OF-155B, Immigrant Visa and Alien Registration.

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

    42.73 PN1.2-3--Spanish Name Indexing

    (TL:VISA-398; 04-23-2002)

    Posts shall enter Spanish names on Form OF-155B, Immigrant Visa and Alien Registration in strict compliance with the instructions in 9 FAM Appendix F, 708. These instructions accord with the INS indexing system and must be followed. Posts shall enter Spanish names in the same sequence on visa applications, visas, and passports.

    42.73 PN1.3--''City and Country Of Birth'' and ''City and Country of Last Residence''

    (TL:VISA-398; 04-23-2002)

    a. Posts shall enter the city and country in these blocks with the name of the city preceding the name of the country. Posts shall not include additional information, nor shall the name of a state or province be substituted for the name of a country. (NOTE: ''CITY AND COUNTRY OF LAST RESIDENCE'' refers to the last residence outside the United States. A U.S. address shall not be entered in this block.)

    b. 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 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. Consular officers 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-155B, Immigrant Visa and Alien Registration, which will result in ''unassigned'' appearing in the relevant places on the visa.

    42.73 PN1.4--''Mother's First Name'' and ''Father's First Name''

    (TL:VISA-39; 09-28-1990)

    Posts shall ensure that only the first (given) name of each parent appears in these blocks. Only in the case of a hyphenated name shall more than a single name be included. Additional names or the full name shall not be included.

    42.73 PN1.5--''Final Address in United States''

    (TL:VISA-398; 04-23-2002)

    Posts shall 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 INS will use to mail the applicant the ''green card''. Posts shall enter the State in the form of the official two-letter U.S. postal code. [See 9 FAM 42.73 Exhibit I.] Post must specify ''care of'' (c/o) the principal resident at the U.S. address given on the OF-155B, Immigrant Visa and Alien Registration. Failure to indicate the ''c/o'' designation may result in the return of the green card to the INS.

    42.73 PN1.6--''Section 212(a)(5)(A)'' Block

    (TL:VISA-185; 02-26-1999)

    Posts shall indicate one of the following in this block, ''NOT APPLICABLE,'' ''NOT REQUIRED,'' or ''ATTACHED,'' to indicate how the immigrant qualified under INA 212(a)(5)A). Posts shall apply the following criteria to determine the appropriate notation:

    (1) Not Applicable--refers to derivatively classified employment-based preference immigrants.

    (2) Not Required--refers to applicants not specified in INA 212(a)(5), that is, priority workers, employment-creation investors, immediate relatives, special immigrants, family-sponsored immigrants.

    (3) Attached--refers to employment-based immigrants (E2 and E3), or which certification is required.

    42.73 PN1.7--''Immigrant Classification'' Section

    (TL:VISA-185; 02-26-1999)

    Posts shall enter, under ''CLASSIFICATION SYMBOL'', the symbol for the category of the visa being issued. [See 9 FAM 42.11.] Under ''FOREIGN STATE/OTHER AREA LIMITATION'', posts shall enter the foreign state to which the alien is chargeable. If the foreign state chargeability under which the visa is issued differs from the foreign state or dependent area of birth, posts shall make reference to the appropriate provision of INA 202(b) after the country shown in this block to indicate the basis for entitlement to alternate foreign state chargeability. For example, if a child born in China is being charged to the Malaysian foreign state limitation of the accompanying parents, enter ''Malaysia - 202(b)(1)''. Posts need not complete the ''FOREIGN STATE/OTHER AREA LIMITATION'' block on visas issued to immediate relatives or special immigrants. Posts shall leave the ''IMMIGRANT VISA NO.'' block blank in these cases. The automated immigrant visa processing system will print the system case number in the ''Immigrant Visa No.'' block on Form OF-155B, Immigrant Visa and Alien Registration.

    42.73 PN1.7-1--Notation for Involuntary Membership

    (TL:VISA-398; 04-23-2002)

    When an applicant is found to have been an involuntary member of the Communist Party or an affiliated organization, posts shall insert the letter ''(ii)'' on Form OF-155B, Immigrant Visa and Alien Registration, immediately following the visa classification symbol; for example, ''IR-1(ii)'' on an immediate relative visa. This information must be added manually.

    42.73 PN1.7-2--Notation for Past Membership

    (TL:VISA-398; 04-23-2002)

    When an applicant has been granted a waiver under INA 212(a)(3)(D)(iv) because membership in the Communist Party has been terminated, posts must insert (iii) on Form OF-155B, Immigrant Visa and Alien Registration immediately after the classification symbol. [See 9 FAM 40.34.]

    42.73 PN1.7-3--Notation for Close Family Member of Communist Party

    (TL:VISA-398; 04-23-2002)

    When the parent, spouse, son or daughter of a U.S. citizen, or alien lawfully admitted to the United States or the sister or brother of a U.S. citizen is a member of the Communist Party or an affiliated organization, has been granted a waiver, posts shall insert the letter ''(iv)''on Form OF-155B, Immigrant Visa and Alien Registration, immediately following the visa classification symbol; for example, ''IR-1(iv)''on an immediate relative visa. Posts must add this information to the Form OF-155B manually.

    42.73 PN1.7-4--Amerasian Notation Under Pub. L. 97-359

    (TL:VISA-398; 04-23-2002)

    Pub. L. 97-359 requires INS to report statistics on Amerasians and their dependents who receive immigrant visas under the terms of that law. So that INS inspectors at ports of entry may be able to identify these cases, posts shall enter the regular immigrant visa classification symbol on Form OF-155B, Immigrant Visa and Alien Registration, followed by the INS class of admission code for Amerasian applicants in parentheses. If Form OF-155B is prepared by IVACS, posts shall add this information manually. Posts shall use the following codes on immigrant visas issued to Amerasians under Pub. L. 97-359:

    (1) IR-2 (AR-1): child of U.S. citizen (immediate relative Amerasian).

    (2) F11 (A1-1): unmarried son/daughter of U.S. citizen (first preference Amerasian).

    (3) F12 (A1-2): child of a first preference Amerasian.

    (4) F31 (A4-1): married son/daughter of U.S. citizen (third preference Amerasian).

    (5) F32 (A4-2): spouse of a third preference Amerasian.

    (6) F33 (A4-3): child of a third preference Amerasian.

    42.73 PN1.7-5--Applicants to be Classified as Conditional Immigrants

    (TL:VISA-333; 11-15-2001)

    a. The administration of the Immigration Marriage Fraud Amendments of 1986 falls mostly on the Immigration and Naturalization Service.

    b. 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 shall classify the applicant as a ''conditional immigrant'' using the appropriate symbol listed below:

    (1) CR1: Spouse of a U.S. citizen.

    (2) CR2: Child of a U.S. citizen.

    (3) C21: Spouse of alien resident (subject to country limitation).

    (4) C22: Child of alien resident (subject to country limitation).

    (5) C23: Child of C21 or C22.

    (6) CX1: Spouse of Alien Resident (exempt from limitations).

    (7) CX2: Child of Alien Resident (exempt from limitations).

    (8) CX3: Child of CX1 or CX2.

    (9) C24: Unmarried son/daughter of alien resident.

    (10) C25: Child of C24.

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

    (12) C32: Spouse of C31.

    (13) C33: Child of C31.

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

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

    (2) C52: Spouse of C51;

    (3) C53: Child of C51;

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

    (5) T52: Spouse of T51.

    (6) T53: Child of T51.

    42.73 PN1.8--''Passport'' Section

    (TL:VISA-398; 04-23-2002)

    Under the ''PASSPORT'' heading on Form OF-155B, Immigrant Visa and Alien Registration, posts shall enter the alien's passport number or the identification of other travel documentation in the space provided. When the passport requirement is waived, posts shall enter the word ''waived'' and also a reference to the specific regulation under which the waiver was granted. [See 9 FAM 42.2 and 9 FAM 42.64 PN1.] If the immigrant visa is issued to an alien included in the passport or other travel document of another person, posts shall enter that document number or description. Posts shall leave blank all other data fields in this section.

    42.73 PN1.9--''USPHS'' Block

    (TL:VISA-185; 02-26-1999)

    In cases involving a Class A waiver for Class A Tuberculosis, HIV/AIDS, or a mental disorder, or a case involving Class B (active but infectious) tuberculosis, posts shall place the annotation ''Class A or B(T)'' in the USPHS block. When the applicant has tuberculosis in a communicable form, posts should add a notation to that effect in red ink in the USPHS block. [See also 9 FAM 40.11.]

    42.73 PN1.10--Name of Issuing Post and Signature of Issuing Officer

    (TL:VISA-398; 04-23-2002)

    Posts shall ensure that the name of the issuing post is legible. The issuing officer must sign the Form OF-155B, Immigrant Visa and Alien Registration.

    42.73 PN1.11--Photograph Block

    (TL:VISA-398; 04-23-2002)

    Posts shall attach the photograph to the immigrant visa with glue or double-faced adhesive tape, and a legend machine. Posts shall impress the dry seal of the office on the visa partially covering the photograph and the signature. Posts shall center the legend across the bottom of the photograph. If the legend machine breaks down, posts shall use the office impression seal instead until the legend machine is repaired or replaced. [See 9 FAM 42.65 N9 for photograph requirements.]

    42.73 PN1.12--Issuing Replacement Visa

    (TL:VISA-398; 04-23-2002)

    a. When issuing a replacement or duplicate immigrant visa, post shall type the word ''REPLACE'' or ''DUPLICATE'' on Form OF-155B, Immigrant Visa and Alien Registration, before the word ''IMMIGRANT'' in the title of the visa.

    b. If the visa, with petition attached, is lost or mutilated and issuance of a replacement visa is required, posts shall attach to the replacement visa a certification based on office records. The certification shall include the following:

    (1) A statement that the original visa was issued on the basis of an approved petition;

    (2) The approval date of the petition;

    (3) The approving office;

    (4) Any INS file number given;

    (5) The status accorded;

    (6) A statement that the bearer of the visa is the same person to whom the original visa was issued; and

    (7) A statement that satisfactory evidence of the loss or destruction of the original visa and attached petition has been submitted.

    c. If the applicant is in a category subject to INA 212(a)(5), posts shall also attach to the replacement visa a certificate indicating, on the basis of office records, the date and type of labor certification that was attached to the original visa or the date and basis for the determination that the labor certification requirements were not applicable.

    42.73 PN2--Attaching Supporting Documents to Form DS-230, Applicant For Immigrant VISA and Alien Registration, and Relevant Notations

    (TL:VISA-398; 04-23-2002)

    Posts shall attach all supporting documents to Form DS-230, Applicant For Immigrant Visa and Alien Registration except medical documents in Class A or B tuberculosis cases and X-ray film. [See 9 FAM 42.73 PN4 below.]

    42.73 PN2.1--Petitions

    (TL:VISA-398; 04-23-2002)

    a. If an approved petition has been received, posts shall attach the petition and any documents affixed thereto to the visa immediately under Form DS-230, Applicant For Immigrant Visa and Alien Registration. (Do not detach the documents from the petition.) If blood tests were required as supporting evidence of the relationship, posts shall attach the report of such tests, or a certified copy thereof, to the petition. If the alien is the beneficiary of more than one petition, posts shall attach all petitions.

    b. If the spouse or children of the beneficiary of an approved petition will benefit from the same status, posts shall attach the petition to the visa issued to the principal alien and insert a notation in Items 14A and 14B of the Form DS-230 executed by each alien.

    c. Posts may issue immigrant visas based on telegraphic notifications from INS, or in emergency situations, on the basis of an originally approved Form I-797, Notice of Action. 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 immigrant visa 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 INS.

    d. If the post has been notified telegraphically of the approval of a petition, or the visa is processed on the basis of Form I-797, posts shall attach a copy of the telegram or Form I-797 to the visa of the beneficiary, if the visa is issued before the petition is received. In such case, when the petition is received posts shall return it to the INS approving office with a memorandum indicating:

    (1) Date visa issued;

    (2) Kind of visa and number, if assigned;

    (3) Name of person to who visa was issued;

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

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

    42.73 PN2.2--Applicants Who Are Subject of Private Legislation

    (TL:VISA-398; 04-23-2002)

    If an applicant is the beneficiary of a private law, posts shall make a notation under Item 35 of Form DS-230 II, Applicant For Immigrant Visa and Alien Registration, 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 shall 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 shall include the telegram or a certified copy with the other documents.

    42.73 PN2.3--Notations for Waivers Under 212(e), (g), (h) or (i)

    (TL:VISA-398; 04-23-2002)

    If an applicant has been accorded the benefits of INA 212; (e), (g), (h), or (i), the automated immigrant visa system makes a notation under Item 34 of Form OF-230 II, Applicant For Immigrant Visa and Alien Registration, regarding the INA section invoked.

    42.73 PN2.3-1--Notation to Reapply for Admission

    (TL:VISA-398; 04-23-2002)

    If consent to reapply for admission, has been granted to an applicant, posts shall make a notation reading ''212(a)(9)(A)'' under Item 34 of Form DS-230 II, Applicant For Immigrant Visa and Alien Registration.

    42.73 PN2.3-2--Notation If a Public Charge Bond Posted

    (TL:VISA-398; 04-23-2002)

    If a public charge bond has been posted on behalf of an applicant, posts shall insert an endorsement in Item 34 on Form DS-230 II, Applicant For Immigrant Visa and Alien Registration, showing the amount of the bond and the date and place of posting.

    42.73 PN2.3-3--Notation for Vaccination Waiver

    (TL:VISA-398; 04-23-2002)

    a. If a vaccination requirement has been waived, posts shall annotate the Form OF-155B, Immigrant Visa and Alien Registration, by printing or stamping ''212(g)(2)(A), (B) or (C),'' as appropriate, in the waiver field of the upper right hand corner. If the alien has also benefited from another waiver, posts should place the relevant 212(g)(2) annotation in the free field directly below the immigrant visa registration number. Posts may use a rubber stamp that combines all three waivers, and strike off those that do not apply.

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

    42.73 PN3--Importance of Proper Assembly of Immigrant Visas and Supporting Documents

    (TL:VISA-185; 02-26-1999)

    Consular officers shall 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 photographs and related and supporting documents, while in the hands of travel agents, pursers, government officials, the courts, and persons operating INS files over many years.

    42.73 PN3.1--Document Arrangement

    (TL:VISA-398; 04-23-2002)

    With the exception of medical documents in Class A or B tuberculosis cases and X-ray film and the supporting documentation for the affidavit of support, posts shall place all supporting documents face up and attached to each other and to the original of Form DS-230 I and II, Application For Immigrant Visa and Alien Registration, by staple or round -head brass paper fastener in the top center. Posts shall place the extra photograph (with the alien's name, and the ''A'' number if known, written on the back) in an envelope. They shall attach it below the other supporting documents by staple in the upper right corner, to permit easy removal by INS. (Staples shall not touch the photo.)

    42.73 PN3.2--Document Placement in Envelope

    (TL:VISA-398; 04-23-2002)

    a. Posts shall put Form DS-230 I and II, Application For Immigrant Visa and Alien Registration, and 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. Posts shall 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 shall 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.

    b. Posts shall place both parts of Form DS-230, and attached documents in the envelope so that the upper left corner of the packet protrudes through the missing corner of the envelope.

    42.73 PN3.3--Medical Documents

    42.73 PN3.3-1--Aliens with Tubercular Condition

    (TL:VISA-398; 04-23-2002)

    Posts disposition of the medical documents will vary depending on whether or not a tubercular condition exists. [See 9 FAM 42.66 PN3 and 9 FAM 42.66 PN4.]

    (1) In cases which do not involve a Class A or B condition related to tuberculosis, the alien need not hand-carry the X-ray film to the port of entry. In these cases, posts shall attach Form DS-2053, Medical Examination, for Immigrant and Refugee Applicants, to the Form DS-230, Application For Immigrant Visa and Alien Registration, as a supporting document; a separate envelope is not necessary. If the X-ray was hand-carried or sent to the consular office, the post shall give it directly to the alien.

    (2) In cases in which a Class A or B tuberculosis condition is present, the alien is required to hand-carry the X-ray film to the United States for presentation at the port of entry. In these cases, posts shall attach a copy of Form DS-2053 to the Form DS-230 and shall place the original and one copy of Form DS-2053 in a separate sealed envelope. (Posts shall not place this separate sealed envelope inside the envelope containing the supporting documents or inside the X-ray envelope.)

    42.73 PN3.3-2--Aliens Exempt from Vaccination Requirement

    (TL:VISA-398; 04-23-2002)

    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-2053, Medical Examination for Immigrant and Refugee Applicants, and included with the supporting documents attached to the issued IR-3 or IR-4 visa.

    42.73 PN3.4--Affidavit of Support and other Supporting Documents

    (TL:VISA-398; 04-23-2002)

    The Form I-864, Affidavit of Support Under Section 213A of the Act, must be included in the stapled visa packet along with the Form DS-230, Application For Immigrant Visa and Alien Registration, and other supporting documents. 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 Form DS-230. Supporting documents consist of the following:

    (1) Three years' tax returns;

    (2) Employment letters; and

    (3) Evidence of assets and liabilities (if applicable).

    42.73 PN3.4-1--Documents for Accompanying Dependents

    (TL:VISA-398; 04-23-2002)

    Each applicant must submit a signed, notarized Form I-864, Affidavit of Support Under Section 213A of the Act (and Form I-864A, 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.

    42.73 PN3.4-2--Documents for Following-to-Join Dependents

    (TL:VISA-398; 04-23-2002)

    Each applicant must submit a signed, notarized Form I-864, Affidavit of Support Under Section 213A of the Act (and Form I-864A, 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 I-864 in the ''FOR AGENCY USE ONLY' box on page 1 for all following-to-join immigrants.

    42.73 PN3.4-3--Documents for Family Members with Separate Petitions

    (TL:VISA-185; 02-26-1999)

    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.

    42.73 PN3.5--Using Rubber Stamp Seal and Initials in Sealing Envelopes

    (TL:VISA-185; 02-26-1999)

    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. The consular officer shall initial over the seal so that the initials cross the sealing edge of the flap.

    42.73 PN3.6--Assembling Visa

    (TL:VISA-398; 04-23-2002)

    Posts shall place Form OF-155B, Immigrant Visa and Alien Registration, on top of the envelope containing Form DS-230, Application For Immigrant Visa and Alien Registration, and the supporting documents, aligning the upper left corners of Form OF-155B and Form DS-230 protruding through the envelope. If applicable, posts shall place these on top of the envelope containing Forms DS-2053, Medical Examination for Immigrant and Refugee Applicants, Form DS-3024, Chest X-Ray and Classification Worksheet, Form DS-3025, Vaccination Documentation Worksheet, and Form DS-3026, Medical History and Physical Examination Worksheet. Posts shall attach Form OF-155B, Form DS-230, supporting documents, and Form DS-1205357 envelope (if applicable) with two heavy-duty staples in the upper left corner of Form OF-155B, well above the space for the alien's name so as not to obscure the name. When attaching an envelope containing medical forms, consular officers should ensure that staples do not go through the documents inside the envelope. Posts shall assemble individually the visas of members of a family group; they must not be attached together with staples.

    42.73 PN4--Derivative Beneficiaries Cannot Precede Principal Alien

    (TL:VISA-39; 09-28-1990)

    a. Posts shall prepare a stamp for use on Form OF-155B, Immigrant Visa and Alien Registration, cover sheets for derivative IV aliens:

    Valid only if accompanying or following to join spouse/father/mother

    b. Posts shall place this stamp at the top of Form OF-155B, preferably above the words ''Immigrant Visa and Alien Registration'', or in the upper margin.

    c. Since an alien's plans may change after the visa is issued, posts shall not modify this stamp to indicate whether the alien will accompany or follow to join the principal alien.

    42.73 PN5--Alien Possessing Previously Issued Form I-551, Permanent Resident Card

    42.73 PN5.1--Application for Replacement Form I-551, Permanent Resident Card

    (TL:VISA-398; 04-23-2002)

    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 shall instruct the alien to apply for a replacement on Form I-90, Application to Replace Permanent Resident Card.

    42.73 PN5.2--Inclusion of Form I-551, Permanent Resident Card in Visa

    (TL:VISA-398; 04-23-2002)

    Posts shall include in the immigrant visa any previously issued Form I-551, Permanent Resident Card, possessed by the alien, including returning resident (SB-1) aliens, in the same envelope as the extra photograph.

    42.73 PN6--Statement to be Signed by Alien of Marriageable Age Issued Visa as ''Child''

    (TL:VISA-18; 12-12-1988)

    See 9 FAM 42.72 PN1.

    42.73 PN7--Statement to be Attached to Visa Issued Under Numerical Limitation

    (TL:VISA-18; 12-12-1988)

    See 9 FAM 42.72 PN2.

    42.73 PN8--Social Security Registration

    (TL:VISA-333; 11-15-2001)

    The Social Security Act requires that every new immigrant, regardless of age, be issued a Social Security number at the time of admission to the United States for lawful permanent residence. To facilitate the application for a Social Security number, posts shall give the alien or family group a letter of instruction [see 9 FAM 42.73 Exhibit III] along with the completed visa. Posts shall not complete Form SS-5, Application for a Social Security Number, nor give them to the alien.

    42.73 PN9--Selective Service Registration

    (TL:VISA-185; 02-26-1999)

    a. 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. All such aliens must sign Form DS-1810, Notice of Duty to Register with U.S. Selective Service System [see 9 FAM 42.73 Exhibit IV], at the time of the immigrant visa interview. Posts shall enclose the signed Form DS-1810 with the other documents in the issued immigrant visa packet. Posts shall also give to the alien a duplicate copy, printed in English and the language of the host country.

    42.73 PN10--Female Genital Mutilation Notification

    (TL:VISA-333; 11-15-2001)

    Section 644 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Pub. 104-208, requires IRS, 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 (FGM). INS regulations require that written notice be given to immigrants in countries where FGM is a common practice.

    42.73 PN10.1--All posts Required to post FGM Notice

    (TL:VISA-333; 11-15-2001)

    a. All posts must display the FGM notice (Form G-1015, Fact Sheet on Genital Mutilation) in the NIV and/or IV waiting room. This notice (in English, French, Portuguese, Arabic, Amharic, Swahili and Somalian) can be found on CA's Intranet website at http://INTRANET.CA.STATE.GOV/VO/F/P/FMG/FGM/HTML or on the CA Internet home page website by clicking on ''INS Fact Sheet on Female Genital Mutilation''.

    b. Posts should be able to download and print out locally copies of the notice in the relevant language. Additionally, CA/VO has e-mailed copies of this notice to concerned posts. Posts are authorized to use their MRV allotment or fund site if needed to cover local reproduction costs.

    42.73 PN10.2--Requirement to Provide a Copy of FGM Notice

    (TL:VISA-398; 04-23-2002)

    IIRIRA 644 allows INS and the Department to target visa recipients from countries where FGM is a common problem. Posts should provide a copy of the notice to IV recipients in the countries listed below. At the time of interview, consular officers at posts listed below should provide one copy of the notice to each family receiving an immigrant visa.

    LIST OF COUNTRIES WHERE FGM IS PREVALENT

    Click here to view image.


    LIST OF POSTS TO PROVIDE APPLICANT WITH FORM G-1015
    Abidjan Cotonou Monrovia Accra Dar es Salaam Nairobi Addis Ababa Djibouti Niamey Asmara Kinshasa Ouagadougou Bangui Lagos Yaounde Dakar Lome


    42.73 PN10.3--Downloading Notice from the Website

    (TL:VISA-403; 04-26-2002)

    The Department has posted an English version of this notice and translations in French, Portuguese, Arabic, Amharic, Swahili, and Somali on the CA Internet home page at the following URL: intranet.ca.state.gov/vo/fieldsupport/fgm.htm. This page can also be accessed from the CA Intranet home page at the following URL: intranet.ca.state.gov/ by clicking on the CA Sites By Office, Visa Office, IV Forms and Information and then clicking on ''INS Fact Sheet on Female Genital Mutilation'' (Form G-1015, Fact Sheet on Genital Mutilation). Posts should print out a copy of the notice and reproduce it locally. Posts are authorized to use their MRV allotment or fund site if needed to cover local reproduction costs.

    42.73 PN10.4--Public and Host Government Reaction

    (TL:VISA-333; 11-15-2001)

    The social and political sensitivities surrounding FGM in many countries may prompt public or host government reaction to the FGM notice. Posts should draw on the following talking points when responding to any complaints or comments:

    (1) U.S. law makes it illegal to perform or allow others to perform FGM 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.

    (2) Providing this advice could prevent individuals from doing something in the United States that could result in their becoming subject to criminal prosecution. This is particularly important because people who have grown up in societies where FGM is deeply rooted may erroneously assume that they can follow their customs in the United States.

    (3) We realize that in countries where the practice is common, FGM is deeply rooted in social traditions and culture. We nevertheless believe that FGM is a serious violation of a woman's rights and should be eradicated through education efforts and legislation making the practice of FGM illegal.

    (4) The United States is committed to working with other governments and local community organizations, both in the United States and other countries, to educate people about the serious damage FGM inflicts on women and girls. The practice of FGM is now illegal in the United States, and we believe strongly that persons immigrating to the United States or visiting from countries where FGM is prevalent should be aware of this fact.

    42.73 PN11--Maintenance of Control Records of Forms OF-155B, Immigrant Visa and Alien Registration

    42.73 PN11.1--Storage of Forms OF-155B, Immigrant Visa and Alien Registration

    (TL:VISA-398; 04-23-2002)

    The consular officer shall store Forms OF-155B, Immigrant Visa and Alien Registration when not in use, at all times, in containers cleared for classified material, accessible only to American employees with appropriate security clearances.

    42.73 PN11.2--Ledger Record of Forms OF-155B, Immigrant Visa and Alien Registration

    (TL:VISA-398; 04-23-2002)

    a. The consular officer shall keep a ledger record of the receipt, transfer and destruction of Forms OF-155B, Immigrant Visa and Alien Registration, by serial number. This hand-written ledger is still required even though the automated system maintains inventory records. The consular officer shall maintain ledger records in blank record books. The blank record books are available in four different sizes and are to be requisitioned from GSA on Form OF-263, Requisition for Equipment, Supplies, Furniture, etc. The consular officer shall not keep duplicate or unnecessary records.

    b. The consular officer shall label the ledgers ''Control Record of Forms OF-155B'' and set them up as follows:

    (1) Forms Received. At the top of each page, the consular officer shall list as a group, a block of not more than 500 forms. For example:

    (a) Forms received from the Department on July 15, 1983 and

    (b) IV-137331 through IV-137830

    The consular officer shall not list serial numbers separately.

    (2) Forms Destroyed. The consular officer shall list separately, by serial number, each form that is mutilated and destroyed, with the date of destruction, on the page containing the block listing for that series. A consular officer shall initial such entries.

    (3) Forms Transferred. The consular officer shall list, as a group, all forms transferred to another post. For example:

    (a) Forms IV-137380 through IV-137530 transferred to Paris July 15, 1983 and

    (b) The consular officer shall not list serial numbers separately.

    42.73 PN11.3--Ledger Pages Numbered

    (TL:VISA-18; 12-12-1988)

    The consular officer shall number the ledger pages in consecutive order, beginning with number 1.

    42.73 PN11.4--Form OF-155B, Immigrant Visa and Alien Registration, Used Consecutively

    (TL:VISA-398; 04-23-2002)

    The consular officer should give Form OF-155B, Immigrant Visa and Alien Registration, forms to the visa processors in consecutive order, when possible.

    42.73 PN11.5--Record of Forms OF-155B, Immigrant Visa and Alien Registration, at Warehouse Unnecessary

    (TL:VISA-398; 04-23-2002)

    Embassies keeping country-wide supplies need not maintain a record of Forms OF-l55, Immigrant Visa and Alien Registration, at the warehousing points.

    42.73 PN12--Post Analyses of Significant Developments in Visa Issuances

    42.73 PN12.1--Reports to Department of Significant Changes in Post's Visa Issuances

    (TL:VISA-39; 09-28-1990)

    a. Visa issuing officers shall report by telegram (CVIS: OPERATIONS) significant changes, as they occur, in the:

    (1) Classes of visas issued,

    (2) Types of applicants seeking visas, and

    (3) Political, economic, and psychological factors affecting the volume and character of visa issuance.

    b. When appropriate, the consular officer shall address the probable effect of the reported changes on the post's future workload.

    c. The consular officer shall clear the reports with political and economic officers and labor attaches assigned to the post in order to obtain their comments and avoid duplication in reporting.

    42.73 PN12.2--Reports to Department of Unusual Backlogs at Post

    (TL:VISA-185; 02-26-1999)

    The consular officer shall promptly inform the Department (CA/VO/F/I), by telegram, whenever the post is unable or will be unable for two consecutive months to schedule for final appointment all qualified applicants for whom numbers are available. Reports should include a detailed analysis of the anticipated duration of the backlog and suggested steps, including personnel needs, to rectify the situation.

    42.73 PN12.3--Reporting Schedule

    (TL:VISA-185; 02-26-1999)

    See 9 FAM Appendix I Exhibit II for reporting requirements.

    42.73 Exhibit I--U.S. POSTAL SERVICE TWO-LETTER
    STATE AND TERRITORY ABBREVIATIONS

    (TL:VISA-65; 8-31-92)

    Click here to view image.


    42.73 Exhibit II--ILLUSTRATION OF IMMIGRANT VISA ENVELOPE

    See illustration in original source.



    42.73 Exhibit III--LETTER TO ALL IMMIGRANTS AND REFUGEES
    REGARDING SOCIAL SECURITY NUMBERS

    (TL:VISA-63; 7-30-92)

    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.

    When you are settled in your new home, please telephone the Social Security office to find out where to apply for a Social Security number. The telephone number is listed 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.)


    Note:

    NOTE: This letter 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.

    42.73 Exhibit IV--NOTICE OF DUTY TO REGISTER WITH U.S. SELECTIVE SERVICE SYSTEM

    See illustration in original source.

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