ogbonlowob: Good morning house! Just came out from an initiation. It was successful n good! I introduce to you, my new name: Genphant! Remember, no single animal messes up with the only confirmed GENTLE, but rugged n powerful king of d animal kingdom, the ELEPHANT; not even d lion or tiger! Genphant, signing in- Uuuuuuuuuaahh! Check out my logo at First Bank- the giant of banks! Ready for WINDOWS 16!!

You people will not kill me with laughter. I can't just control it. Welcome on board Genphant. I am loyal sir.

Gudmawnin all nd hpe our nite was beautiful.let all de christains in de hous go into de house of GOD nd worship dat supernatural being in heaven for only him alone can quench our desires nd throw in success stories nd beautiful testinmonies in our mouth.Hapy sunday nd merry weekend 2 u guysu

Wow! Gentiger you are a life saver, we have all learnt so much from your interview experience! Thank you so much for sharing it with us. This is really an eye opener. May God continue to bless you. Your a God send to this forum.

I just remembered this. This is something else I observed. The white Angel at window 16 is a leftist just like the world most intuitive and resourceful president - Obama. She writes with the left. By implication, she's an exceptionally intelligent woman, very intuitive and could best be described as a mind reader. It appears she can see through you, a good body language reader. Add this to the earlier compilation to assist with your preparations. Goodluck!!

HELLO HOUSE, NEEED CLARIFICATION ON THIS.
1.CAN THE BENEFICIARY MOVE BEFORE THE PRINCIPAL APPLICANT
2. IS IT POSSIBLE TO GET LOAN SO THAT ONE CAN RENT AN APARTMENT IN U.S. FOE A FAMILY OF FOUR
3.MY TRANSCRIPT NEED TO BE ADDRESSED,WHO AM I GOING TO ADRESS IT TO SINCE ITS NOT GIVEN TO SOMEONE IN LASU.

vacancy: HELLO HOUSE, NEEED CLARIFICATION ON THIS.
1.CAN THE BENEFICIARY MOVE BEFORE THE PRINCIPAL APPLICANT
2. IS IT POSSIBLE TO GET LOAN SO THAT ONE CAN RENT AN APARTMENT IN U.S. FOE A FAMILY OF FOUR
3.MY TRANSCRIPT NEED TO BE ADDRESSED,WHO AM I GOING TO ADRESS IT TO SINCE ITS NOT GIVEN TO SOMEONE IN LASU.

1. No. You all must travel together. However, this depends on what you filled in your form whether you'll be travelling together or they will join you at a later date. Note: beneficiaries can not go before the primary applicant.
2. To the best of my knowledge, i think getting a loan from a US bank will have to be after you might have completed certain things like, getting your green card and ssn, passed the driving test and got issued an international driving license, getting a job, and being credit worthy. Those already in US will shed more light/explain better on this.
3. You can check this web address for how to send your transcript. www.wes.org
Hope this helps.

cenobs007:

Wowww...! Hon. Gentiger, u b DV applicant abi na SPY or FBI? person like u nai dey work 4 FBI or CIA 4 Americooo... u are d MAN... infact u are God-sent... Your experience, observations, opinion,ideas, advice, wisdom are all wonderful, awesome, great, outstanding, remarkable & giving hope & encouragement. U are indomitable, indefatigable, a Conqueror... U are programed + navigated by God 2 b good 2 save d world... I dont even know wot else 2 say, am short of words... I feel like embracing u wit a big hug & giv u a holy kiss... Without meaning 2 b immodest U merit an AWARD of HONOUR & EXCELLENCE wit a standing ovation!!!

I LOVE YOU.

Mehn see GAY Lmao. You are playing with 14yrs. Happy Sunday house. Lets have fun.

@LERIPA.
THANKS SO MUCH.VERY HELPFUL AND STRAIGHT TO THE POINT
ALSO PLS HOUSE NEED THIS CLARIFICATION.
1.WHATS THE PROCEDURE HAVING INTERNATIONAL DRIVING LICENSE IN NIGERIA
2.I LEARNT FROM THE FORUM THAT THERE USED TO BE A GRANT FOR WOMEN HAVING CHILDREN WITHOUT JOB. NEED TO GET MY WIFE REGISTERED FOR THIS GRANT

@Gentiger,i noticed that university graduates dont get the kind of scrutiny that those with o'level go through and its as if being a graduate is another added advantage.i have ssce and another certificate i got from a computer engineering institute in computer village.Do you think i stand a chance when the time comes?

chimezieo: @Gentiger,i noticed that university graduates dont get the kind of scrutiny that those with o'level go through and its as if being a graduate is another added advantage.i have ssce and another certificate i got from a computer engineering institute in computer village.Do you think i stand a chance when the time comes?

They do. The only advantage is that you are more qualified than an average O'levels holder and your chances are greater.

If it's a locally issued computer engineering certificate, they will return it as unneeded. If it's internationally issues they will accept it.

My Oracle, CCNP, ITIL and MCP were accepted though no questions were asked from those. I wish you success in your application.

Gentiger: I just remembered this. This is something else I observed. The white Angel at window 16 is a leftist just like the world most intuitive and resourceful president - Obama. She writes with the left. By implication, she's an exceptionally intelligent woman, very intuitive and could best be described as a mind reader. It appears she can see through you, a good body language reader. Add this to the earlier compilation to assist with your preparations. Goodluck!!

may God bless u barr. Mike, even as u have opened d eyes of nairalanders to understand some of d tactics used by COs to screen dv winners.
Thanks alot. We appreciate it big time.

Gentiger:

They do. The only advantage is that you are more qualified than an average O'levels holder and your chances are greater.

If it's a locally issued computer engineering certificate, they will return it as unneeded. If it's internationally issues they will accept it.

My Oracle, CCNP, ITIL and MCP were accepted though no questions were asked from those. I wish you success in your application.

Dis tiger likes school o. Lol I'm impressed. Ure doin well with d info ure giving. Mayb someday wen we all move we cud hav a get together. I'd like to see the faces behind these posts.

hi nairalanders. I just joined the forum. I'm one of the 2013 winners. Wish u all the best

Hello Gentiger, please I am still waiting for your reply.

happyemanuel: hi nairalanders. I just joined the forum. I'm one of the 2013 winners. Wish u all the best

Welcome.

happyemanuel: hi nairalanders. I just joined the forum. I'm one of the 2013 winners. Wish u all the best

You are're welcome 2 the room of any info dat will helpful.....

honeydee:

Dis tiger likes school o. Lol I'm impressed. Ure doin well with d info ure giving. Mayb someday wen we all move we cud hav a get together. I'd like to see the faces behind these posts.

It will be a pleasure. Honeydee must look like Agbeni Darego.

ifeanyi.abdul:
Hello Gentiger, please I am still waiting for your reply.

Sorry Ifeanyi, I didn't see any mail. Please do resend it.

monsieursam64: may God bless u barr. Mike, even as u have opened d eyes of nairalanders to understand some of d tactics used by COs to screen dv winners.
Thanks alot. We appreciate it big time.

Amen. May He extend the same blessings to you too.

vacancy: @LERIPA.
THANKS SO MUCH.VERY HELPFUL AND STRAIGHT TO THE POINT
ALSO PLS HOUSE NEED THIS CLARIFICATION.
1.WHATS THE PROCEDURE HAVING INTERNATIONAL DRIVING LICENSE IN NIGERIA
2.I LEARNT FROM THE FORUM THAT THERE USED TO BE A GRANT FOR WOMEN HAVING CHILDREN WITHOUT JOB. NEED TO GET MY WIFE REGISTERED FOR THIS GRANT

1) The one I did is express....If you are frm Nigerian, jst walk down 2 ojodu beger, dat is deir headquartter office...
2) Pls throw more light?

gentiger i dont know the kind word to use bus sha let me say u are toooooooo much,thank u so much for this advice and God bless you so much,u are just too good.

Gentiger: For anyone going for interview anytime soon, please read this and follow suit. I witnessed about 6 DV visa denials yesterday. The black Angel denied 2 different DV applicants and the white Angel denied as twice as much. I listened to the line of questioning to discover what they seek to establish before they approve DV lottery win.

Some other countries don't get the kind of academic scrutiny we get for the following reasons:

1. They are academically sound and their schools are ranked high globally.
2. Academic fraud is impossible in these countries unlike our beloved country where even a serving senator or governor is using 'Toronto' certificate. You get what I mean.

DV lottery is meant for two reasons:

1. Cultural and ethnic diversity in the US.
2. Injection of best brains to boost economic growth in the US.

The reason for the academic drilling is to ensure the person coming into the US will be economically relevant and viable. They need innovation and productivity not liabilities or lay about. Before your number is called by the CO for interview, I observed some staff behind the counters crutinizing each file. They make recommendations and draw up possible questions to ask which is placed inside your file for the CO. The CO is merely asking predetermined questions drawn up by experienced minds. They know what answers they seek. You must perform credibly well to merit a visa.

Now when you appear before the CO, they want to see how well and confidently you can express yourself. If you cannot sell Your self credibly well, you can't sell the American ideals. If you can't exhibit matured reasoming, you would be considered a liability.

The few DV selectees who were denied yesterday could not make confident statements without annoying grammatical blunders. Most don't answer the questions asked. They choose answers which are unrelated to the questions posed. Please avoid this. Some contradict what they filled in the form. I saw a lady denied because the CO accused her of lying on oath. Another was denied because he couldn't list atleast 3 topics in mathematics. Another couldn't defend his O'levels. Please tell me of what benefit these categories of people would be to the US economy?

Now here is my advice, prepare well. Please prepare very well. Polish up your English a bit more. Read your best subjects. Now let me tell you something else I discovered. You are the one who determines the course they ask you questions from. I heard CO's ask each applicant their best course at school. I was asked. I told her contract law . I chose contract Law because I lectured junior students for free while I was a student. It was my favorite. If you wake me up by 2am, I can cite over 50 law cases on contract with their facts and decisions. This was why I could lecture the CO and her mouth was agape. I don't mean to boast, but I don't think anyone ever addressed that lady the way I did. She was speechless. I held her spellbound. You can do the same.

Choose your best subject. Begin to read. Please read hard. Pick up your dictionaries and learn new words. Dont allow the skin colour of a white person intimidate you. Don't allow her phonetics subdue your self confidence. Rise above the board. You can do it my brothers and sisters because I did it. Go and face the CO. Come back here and testify.

Lastly, I met a young guy who probably couldn't be above 25 yrs with a girl of probably 20 who he claims is his wife. They were denied. The CO didn't even look at their pictures. It was the black angel by the way that denied them. They know the average age Nigerians marry. They knew they were players.

If you married after your eDV application but before the results were released, you got no problems. If you married after the results were released, you got a big mountain to climb. Your chances are slim but not impossible. With God, nothing shall be impossible. Wearing uniform as a couple is not the key. Cuddling while waiting for your number to be called only shows your hidden guilt. Your best bet is to maintain your single status after you've won if you are still very young in age. That's my personal opinion. Your chances are so slim if you marry. Goodluck to all interview hopefuls. Goodluck my dearest friends on Nairaland. I'll post some official document to help you on your journey. Allow me today or tomorrow. Gentiger signing off. Love you all.


BOOKMARK THIS PAGE AND READ THIS BEFORE YOUR INTERVIEW.

I DID PROMISE TO RELEASE SERIES OF INFORMATION TO ASSIST ALL CLASSES OF dv APPLICANTS. I STUMBLED INTO THIS UNCLASSIFIED DOCUMENTS ONLINE AND DECIDED TO POST THEM HERE. IT APPEARS KEMZONE HAD POSTED SOME OF THESE IN THE PAST. ENJOY!!

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 42.33 Notes Page 1 of 11
9 FAM 42.33 NOTES
(CT:VISA-1768; 10-31-2011) (Office of Origin: CA/VO/L/R)
9 FAM 42.33 N1 BACKGROUND
(CT:VISA-1478; 08-26-2010)
a. Section 131 of the Immigration Act of 1990 (Public Law 101-649) amended INA 203 (8 U.S.C. 1153) to provide for a new class of immigrants known as “diversity immigrants” (DV immigrants). The amendment established an annual numerical limitation of 55,000 DV immigrants effective for fiscal year 1995 and thereafter. Aliens who are natives of countries determined by the Attorney General through application of a mathematical formula specified in INA 203(c)(1)(A) (8 U.S.C. 1153(c)(1)(A)) to be “low admission” countries may compete for immigration under this limitation. INA 203(c)(1) (8 U.S.C. 1153(c)(1)) requires a separate registration of all competing aliens for each fiscal year.
b. INA 203(c)(1)(A) (8 U.S.C. 1153(c)(1)(A)) requires the Attorney General to determine the actual number of immigrant admissions from each foreign country for the previous five year period. The formula identifies both high and low admission regions and high and low admission foreign states. A greater share of the available visa numbers goes to low admission regions. High admission states are excluded from the program.
c. In November 1997, Congress passed Public Law 105-100, the Nicaraguan Adjustment and Central American Relief Act (NACARA). With NACARA, Congress stipulated that beginning with the 1999 Diversity Immigrant Visa Program (DV-99), and as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas (DV) can be made available for use under the NACARA program.
9 FAM 42.33 N2 REQUIREMENTS FOR DIVERSITY IMMIGRANT PROGRAM
(CT:VISA-1478; 08-26-2010)
To qualify under INA 203(c) (8 U.S.C. 1153(c)) as a diversity immigrant, the
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 42.33 Notes Page 2 of 11
following requirements must be met:
(1) The alien must be a native of, or chargeable to, a diversity country (see 9 FAM 42.33 N4); and
(2) The alien must have at least a high school education or equivalent (see 9 FAM 42.33 N7); or
(3) The alien must have, within five years of the date of application for a diversity immigrant visa under INA 203(c) (8 U.S.C. 1153(c)), at least two years of work experience in an occupation, which requires at least two years of training or experience. (See 9 FAM 42.33 N8.)
9 FAM 42.33 N3 DIVERSITY COUNTRIES
9 FAM 42.33 N3.1 Formula
(CT:VISA-910; 10-23-2007)
a. The Attorney General is required to determine total admissions of preference and immediate relative (IR) immigrants over the most recent five-year period for which statistics are available, worldwide total, by region, and by individual foreign state. Using these figures, the Attorney General is to identify both high admission regions and high admission foreign states. A high admissions region is a region whose admission total is greater than one-sixth of the worldwide total. A foreign state whose admissions total is greater than 50,000 is a high admission foreign state.
b. Using available estimates, the Attorney General must then determine the population of each of the six regions (excluding the population of any high admission foreign state) and use those totals to determine the apportionment of the 55,000 worldwide DV limitations. Quotas for the six regions will be established. Natives of these regions compete for that portion of the total established for that region. Any unused portion of a regional quota is distributed proportionally among the other regions. High admission states are excluded entirely from the apportionment. No one country’s nationals may receive more than 7% of the available visas in any one year.
9 FAM 42.33 N3.2 Qualifying Countries
(CT:VISA-910; 10-23-2007)
INA 203(c) (8 U.S.C. 1153(c)) provides that the number of visas made available to natives of high admission countries is zero. Department regulations, therefore, prohibit natives of such countries from competition
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 42.33 Notes Page 3 of 11
for diversity visas (DV). Department of Homeland Security (DHS) will determine annually the list of ineligible countries. The list is subject to change annually.
9 FAM 42.33 N4 NATIVE
9 FAM 42.33 N4.1 Regulatory Definition
(CT:VISA-1478; 08-26-2010)
“Native” ordinarily means both someone born within a particular country, regardless of the individual's current country of residence or nationality. "Native" can also mean someone entitled to be “charged” to a particular country under the provisions of INA 202(b) (8 U.S.C. 1152(b)).
9 FAM 42.33 N4.2 Chargeability
(CT:VISA-1555; 09-30-2010)
As stated in the regulatory definition, the normal rules of chargeability apply to INA 203(c) (8 U.S.C. 1153(c)) immigrants. Many applicants may seek beneficial treatment from the rules of cross chargeability, as in the following examples:
(1) A spouse or child born in a country, which is not among those for which DV visas are available, may use the principal registrant’s chargeability when they are accompanying or following-to-join;
(2) A child born in a non-qualifying country in which neither parent was born nor resident at the time of the child’s birth, may claim the birthplace of either parent;
(3) A principal registrant born in a country, which is not among those for which DV visas are available, and the spouse who was born in a qualifying country, may be issued DV visas, provided the relationship was established prior to submitting the entry. In such instances, however, both applicants are considered principal applicants for the purpose of cross-chargeability and must be issued visas and apply for admission to the United States simultaneously.
9 FAM 42.33 N4.3 Errors in Choice of Country of Chargeability
(CT:VISA-1478; 08-26-2010)
If the entrant chooses the wrong country of chargeability at the time of the initial entry, the error will generally be disqualifying. However, if a DV
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 42.33 Notes Page 4 of 11
applicant chooses a country of chargeability during DV registration that is within the same geographic region (one of the six) as the correct country of chargeability, and you determine that the applicant gained no benefit from his or her error, you may continue processing the application.
9 FAM 42.33 N5 PETITIONS/APPLICATIONS
9 FAM 42.33 N5.1 Required Information
(CT:VISA-1478; 08-26-2010)
Each year, the Department of State will publish rules for the next fiscal year's DV program in the Federal Register. Rules for a DV program in any fiscal year stipulate what information must be included on the DV electronic entry form, such as name, photo requirement, etc., as well as other requirements for the program and the DV lottery registration Web site. The Consular Affairs Web site on Visa Travel remains the best source of information on entry and eligibility requirements as well as on qualifying countries. Entries lacking the required information or photos will be rejected by the registration Web site or disqualified at a later date during processing by the Kentucky Consular Center (KCC).
9 FAM 42.33 N5.2 Petition/Application Validity
9 FAM 42.33 N5.2-1 General
(CT:VISA-1478; 08-26-2010)
Under INA 204(a)(1)(I)(ii)(II) (8 U.S.C. 1154(a)(1)(I)(ii)(II)), persons registered as DV immigrants are entitled to apply for visa issuance only during the fiscal year for which the application was submitted. The petition is valid until midnight of the last day of the fiscal year for which the petition was submitted. There is no carry-over of benefit into another year for persons who do not receive a visa during the fiscal year for which they registered. Following-to-join derivative visas must be issued during the same fiscal year as that of the principal beneficiary.
9 FAM 42.33 N5.2-2 In Death of Principal Beneficiary and/or Applicant
(CT:VISA-1768; 10-31-2011)
The death of the principal beneficiary and/or applicant must result in the automatic revocation of the application. Thereafter, derivative beneficiaries are no longer entitled to the DV classification.
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 42.33 Notes Page 5 of 11
9 FAM 42.33 N6 REGISTRATION
(CT:VISA-1768; 10-31-2011)
Selected Diversity Visa (DV) entries are processed at the Kentucky Consular Center (KCC).
9 FAM 42.33 N6.1 Registration Dates
(CT:VISA-910; 10-23-2007)
We will establish a period for the submission of DV entries of at least 30 days each fiscal year in which the lottery will be conducted. To ensure wide dissemination of the information both abroad and in the United States, we will provide timely notice of the program’s rules and the exact dates of the registration period through publication in the Federal Register and by other methods.
9 FAM 42.33 N6.2 Number of Entries
(CT:VISA-745; 06-09-2005)
a. Only one entry by or for each person is allowed during each registration period. Submission of more than one entry disqualifies the applicant from registration. Applicants may be disqualified at any time if more than one entry is discovered. Applicants may prepare and submit their own entries, or have someone submit the entry for them.
b. Husband and wife, if otherwise qualified, may each submit one application. If either is registered, the other is entitled to derivative status.
9 FAM 42.33 N6.3 Form of Submission
(CT:VISA-910; 10-23-2007)
Entries must be submitted electronically during the specified registration period at the Department’s designated Web site.
9 FAM 42.33 N6.4 Registration Process
(CT:VISA-1555; 09-30-2010)
a. Entries received during the designated registration period for the DV program will be separated into one of six geographic regions. At the end of the registration period, a computer will randomly select numbers. Within each region, the first entry randomly selected will be the first case registered, the second entry selected the second registration, etc. All entries successfully received during the registration period will have an
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 42.33 Notes Page 6 of 11
equal chance of selection within the respective region.
b. When a case is selected for additional processing, the KCC will send the applicant a notification letter with instructions on how to make a formal visa application. (See 9 FAM 42.33 PN3.3.)
9 FAM 42.33 N6.5 Principal Registrants Under Age 18
(CT:VISA-745; 06-09-2005)
Although there is no minimum age for submission of an application for registration, the requirement for a high school education or work experience will effectively disqualify most persons under age 18.
9 FAM 42.33 N6.6 Derivative Status
(CT:VISA-1555; 09-30-2010)
a. Applicants must include on their initial entry their spouse and all natural children, as well as legally-adopted children and stepchildren, who are unmarried and under the age of 21 as of the date of the initial entry.
b. By regulation, applicants are not required to include spouses and children who are already U.S. citizens or Legal Permanent Residents (LPRs) on the registration. Applicants are nevertheless instructed to include all such family members in their registration, to ensure that all family members may qualify for visas in the event they do not have LPR or U.S. citizen status. However, a failure to include on the registration spouses and children who are in fact U.S. citizens or Legal Permanent Residents (LPRs) cannot be used as grounds for denial.
c. You must deny the applications of registrants who list on their Form DS-230, Application for Immigrant Visa and Alien Registration, or their Form DS-260, Online Application for Immigrant Visa and Alien Registration, a spouse or child who was not included in their initial entry, unless such spouse or child was acquired subsequent to submission of qualifying DV entry. The spouse of a principal alien, if acquired after registration, and prior to the principal alien’s admission, or the child of a principal alien, if the child was born after registration or is the issue of a marriage which took place after registration and prior to the principal alien’s admission to the United States, although not named on an application, is entitled to derivative DV status.
d. If post believes a case merits issuance despite apparent failure to comply with this instruction, post can submit the case for an advisory opinion (AO) to the Advisory Opinions Division (CA/VO/L/A).
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 42.33 Notes Page 7 of 11
9 FAM 42.33 N7 “HIGH SCHOOL EDUCATION OR EQUIVALENT”
(CT:VISA-1768; 10-31-2011)
The consular office must adjudicate the applicant’s qualifications under this requirement. In order to register for the DV program, the alien need not prove that this requirement is met. The applicant must, however, meet this requirement at the time of visa application.
9 FAM 42.33 N7.1 Definitions
(CT:VISA-910; 10-23-2007)
The Department’s interpretation of the term “high school education or its equivalent” means successful completion of a:
(1) Twelve-year course of elementary and secondary study in the United States; or
(2) Formal course of elementary and secondary education comparable to completion of 12 years elementary or secondary education in the United States. Because a United States high school education is sufficient in itself to qualify a student to apply for college admission, in order for a foreign education to be equivalent to a United States education, it should be sufficient to allow a student to apply for college admission without further education. Vocational degrees that are not considered a basis for further academic study will not be considered equivalent to United States high school education.
9 FAM 42.33 N7.2 Education Requirements
(CT:VISA-910; 10-23-2007)
We interpret the phrase “high school education or its equivalent” to apply only to formal courses of study. Equivalency certificates (such as the G.E.D.) are not acceptable. To qualify, an alien must have completed a 12-year course of elementary and secondary education in the United States or a comparable course of study in another country. Evidence might consist of a certificate of completion equivalent to a United States diploma, school transcripts, or other evidence issued by the person or organization responsible for maintaining such records, which specify the completed course of study.
9 FAM 42.33 N7.3 Education Evaluation
(CT:VISA-1555; 09-30-2010)
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 42.33 Notes Page 8 of 11
a. Each post needs to determine what course of study is equivalent to a high school education or its equivalent in the host country. Previously, posts were provided with a guidebook that provided information on high school equivalency country by country. That guidebook ("Foreign Education Credentials Required”) is no longer in print and is not available in updated format. You should not rely on it for your evaluation of high school credentials. You should make use of the resources found in your Public Diplomacy (PD) section to determine comparable courses of study in the host country that would meet the definition of a high school education or its equivalent. Contacts in the host country’s Ministry of Education may also be of help. If you have questions about certificates and diplomas, you should consult with your public diplomacy section, including EducationUSA advisors and locally engaged staff, as they are valuable resources in evaluating local education systems. PD personnel advise prospective students and evaluate their educational backgrounds and have experience with and knowledge of local schools. To determine the authenticity of any particular document, you will need to work with your Fraud Prevention staff to develop expertise in making that determination. Interviewing officers may wish to consult with other posts when in doubt about the authenticity of educational certificates from countries outside their consular district.
b. A DV refusal must be based on evidence that the alien did not in fact obtain the required degree and not on your assessment of the alien's knowledge level. You may not administer an exam, either oral or written, to test an applicant’s basic knowledge in order to determine whether they have the equivalent of a U.S. high school education. You may not refuse a DV applicant solely on the basis of your analysis of the applicant's basic knowledge. Doubts about the applicant’s claimed educational level raised by your interview, however, may lead you to investigate the authenticity of the educational credentials claimed by the DV applicant.
9 FAM 42.33 N8 “WORK EXPERIENCE”
9 FAM 42.33 N8.1 No Labor Certification
(CT:VISA-910; 10-23-2007)
The labor certification requirement of INA 212(a)(5) (8 U.S.C. 1182(a)(5)) does not apply to applicants applying as DV immigrants. Applicants, however, who do not meet the education requirement, must meet the work experience requirement of two years of experience in an occupation which requires at least two years training or experience within the five-year period immediately prior to application.
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 42.33 Notes Page 9 of 11
9 FAM 42.33 N8.2 Work Experience Evaluation
(CT:VISA-910; 10-23-2007)
If an applicant does not have the equivalent of a high school education, you will evaluate work experience. You must use the Department of Labor’s O*Net OnLine database to determine qualifying work experience. (See 9 FAM 42.33 PN5.1 - PN5.2.) All applicants qualifying for a DV on the basis of their work experience must, within the past 5 years, have two years of experience in an occupation that is classified in a Specific Vocational Preparation (SVP) range of 7.0 or higher.
9 FAM 42.33 N9 INELIGIBILITY GROUNDS
(CT:VISA-1090; 10-23-2008)
Applicants who establish that they qualify for DV immigrant visa classification are subject to all grounds of ineligibility specified in the Immigration and Nationality Act other than INA 212(a)(5) (8 U.S.C. 1182(a)(5)). (In other words, any applicant who qualifies for DV immigrant classification is exempt from the labor certification requirements.) There are no special provisions for a waiver of any ground of visa ineligibility other than those ordinarily provided in the INA.
9 FAM 42.33 N9.1 Labor Certification Refusals
(CT:VISA-1768; 10-31-2011)
Any applicant for a DV visa who fails to establish that they possess the requisite qualifications, including a valid entry for participation in the DV program, is ineligible under INA 212(a)(5)(A)(i) (8 U.S.C. 1182(a)(5)(A)(i)). It is not appropriate to refuse a DV applicant under INA 212(a)(5)(A)(i) (8 U.S.C. 1182(a)(5)(A)(i)) when a fraud investigation is needed before determining whether an applicant is qualified for a DV (e.g., if you suspect that the DV applicant does not possess the requisite education or work experience or if you suspect that the DV derivative applicant does not possess the requisite relationship to the DV principal applicant). In those cases, you must refuse the application under INA 221(g) pending the outcome of a fraud investigation.
9 FAM 42.33 N9.2 INA 221(g) Refusals
(CT:VISA-1090; 10-23-2008)
a. Interviewing officers should verbally impress on the applicants at the time of refusal, the importance of returning to the embassy quickly, preferably within the same month, with the necessary information to overcome the
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 42.33 Notes Page 10 of 11
refusal. Officers should advise applicants that failure to return within the month may mean that visa numbers will no longer be available for them and they may miss their opportunity to obtain a visa.
b. Posts should prepare a stamp to be stamped on the Form OF-194, The Foreign Service of the United States of America Refusal Worksheet, refusal letters of DV applicants refused under 221(g), with the following message:
ATTENTION: UNDER NO CIRCUMSTANCES CAN A VISA BE ISSUED OR AN ADJUSTMENT OF STATUS OCCUR IN YOUR CASE AFTER SEPTEMBER 30, ____.
VERY IMPORTANT: BECAUSE OF THE LIMITED NUMBER OF VISAS THAT MAY BE ISSUED UNDER THIS PROGRAM, VISAS MAY CEASE TO BE AVAILABLE EVEN BEFORE THIS DATE. THIS IS ESPECIALLY TRUE THE CLOSER TO SEPTEMBER 30 AN APPLICATION OR RE-APPLICATION IS MADE.
c. Cases that are in 221(g) refusal status at the end of the fiscal year may be left in that status. You do not need to enter an additional refusal (such as (5)(A)(i)) to close the case.
9 FAM 42.33 N9.3 Public Charge
(CT:VISA-1090; 10-23-2008)
While many categories of immigrants must submit the legally binding Form I-864, Affidavit of Support Under Section 213A of the Act, the DV category is not one of them. You can consult 9 FAM 40.41 for standards of processing public charge issues in immigrant visa (IV) cases that do not involve the I-864, Affidavit of Support Under Section 213A of the Act.
9 FAM 42.33 N9.4 Waivers
(CT:VISA-1768; 10-31-2011)
Unlike applicants eligible for immigrant visas (IV) under other programs involving random selection, there are no special provisions for a waiver of any ineligibility grounds for applicants entitled to DV registration. The regular ineligibility waiver provisions of the INA, including 212(e), still apply.
9 FAM 42.33 N10 FEE
(CT:VISA-1768; 10-31-2011)
There is no fee for submitting the initial entry for registration in the DV program. However, those applicants who are selected and apply for DV visas will be required to pay an IV application processing fee and a DV
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lottery surcharge at the time of the formal interview. (See 9 FAM 42.33 N10.1.)
9 FAM 42.33 N10.1 Collection of Fee
(CT:VISA-1768; 10-31-2011)
Section 636 of Public Law 104-208, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, authorized the Department to collect a fee for the processing of DV immigrant visas. This fee is in addition to the standard IV processing fees, and the amount is specified in the Schedule of Fees for Consular Services. Posts must collect the processing fee at the time of the applicant’s formal interview.
9 FAM 42.33 N10.2 Processing Cases to Conclusion
(CT:VISA-910; 10-23-2007)
We can appreciate posts' efforts to prescreen applications allowing unqualified applicants to withdraw their applications to avoid paying the required fees. Nevertheless, it is important to process such cases to conclusion and not to simply allow the candidate to withdraw the application. Instances have arisen where DV winners who were advised not to make an application at a post abroad have then entered the United States and requested adjustment of status processing at the Department of Homeland Security (DHS).
9 FAM 42.33 N11 NUMERICAL CONTROL
(CT:VISA-1768; 10-31-2011)
The Department will have centralized control of the DV numerical limitation. (See 9 FAM 42.51.)

Gentiger:

It will be a pleasure. Honeydee must look like Agbeni Darego.

Lol

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9 FAM 42.33
PROCEDURAL NOTES
(CT:VISA-1905; 10-01-2012) (Office of Origin: CA/VO/L/R)
9 FAM 42.33 PN1 REGISTRATION OF APPLICANTS
(CT:VISA-1463; 08-03-2010)
Only those entries which meet the eligibility requirements specified in 22 CFR 42.33(a)(1), and which are received during the time period specified by the Department for each fiscal year, will be considered for registration for immigrant visa (IV) issuance under INA 203(c) (8 U.S.C. 1153(c)).
9 FAM 42.33 PN2 ENTRIES LACKING REQUIRED INFORMATION
9 FAM 42.33 PN2.1 Derivatives
(CT:VISA-1768; 10-31-2011)
Entries must include the name, photograph, date and place of birth of the applicant‟s spouse and all natural children, as well as all legally-adopted and stepchildren, who are unmarried and under the age of 21, even if they are no longer legally married to the child‟s parent, and even if the spouse or child does not currently reside with the applicant and/or will not immigrate with such applicant. By regulation, applicants are not required to include spouses and children who are already U.S. citizens or Legal Permanent Residents (LPRs) on the registration. However, applicants are instructed to include all such family members in their registration, to ensure that all family members may qualify for visas in the event they do not have LPR or U.S. citizen status. Married children and children 21 years or older cannot qualify for a Diversity Visa (DV) on the basis of the parents application. Visa applications lacking all required information will be refused.
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9 FAM 42.33 PN2.2 Photos
(CT:VISA-1768; 10-31-2011)
Photo specifications are detailed in the annual Diversity Visa (DV) Bulletin and also posted at the Department‟s „travel.state.gov‟ Web site. The Department will disqualify entries lacking the required photos or including invalid photos. If you determine that the photo on the entry is not that of the applicant, you may pursue a refusal under INA 212 (a)(6)(C) (8 U.S.C. 1182 (a)(6)(C)). Otherwise, refuse the applicant under INA 212 (a)(5)(a) (8 U.S.C. 1182 (a)(5)(a)). A copy of the entry photograph is included in each case file, and is also available through the Consular Consolidated Database (CCD) under the “Immigrant & Diversity” section, “DVIS Applicant” report.
9 FAM 42.33 PN3 PLACE OF REGISTRATION
(CT:VISA-1463; 08-03-2010)
Only entries submitted electronically at our specified DV Web site for each fiscal year will be accepted for registration.
9 FAM 42.33 PN3.1 Registration and Retention of Original Entries
(CT:VISA-1905; 10-01-2012)
The Kentucky Consular Center (KCC) registers approximately 105,000 applicants (both principals and dependents) each year. The KCC will notify posts of the number of applicants from their DV-processing area who were selected, broken down by country of residence. The Department will maintain a computer-generated master list of registered applicants. The list is not publicly released.
9 FAM 42.33 PN3.2 Chronological Registration and Determining of Rank Numbers
(CT:VISA-754; 07-27-2005)
a. All entries received within the stipulated time period are sorted into six geographic regions, and each entry is assigned an individual number. A computer program especially created for the DV program randomly selects cases from among the entries received for each of the geographic regions. Within each region, the first entry randomly selected will be the first case registered, the second entry selected, the second registration, etc. The selected entries for each region will have a rank order number consisting of two letters followed by eight digits, i.e., AF00000925. The letter codes are:
UNCLASSIFIED (U)
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AF
Africa
AS
Asia
OC
Oceania
EU
Europe;
NA
North America
SA
South America, Central America, and the Caribbean.
b. Each month visa numbers will be allocated to applicants who have been reported documentarily qualified and are within the applicable rank cut-off for that month. Applicants are considered documentarily qualified when the registrant has properly completed and submitted to the KCC all required forms.
9 FAM 42.33 PN3.3 Registrations
(CT:VISA-1905; 10-01-2012)
a. If a case has been registered, the entrant will be notified electronically via Entrant Status Check. The applicant must then complete the following documents and submit the documents to KCC along with two photographs:
(1) Form DSP-122, Supplemental Registration for the Diversity Immigrant Visa Program; and
(2) Form DS-230, Application for Immigrant Visa and Alien Registration Part I and II. If the applicant will complete Form DS-260, Online Application for Immigrant Visa and Alien Registration, instructions will be provided to the entrant.
b. The KCC will continue to process the entry until those registered are entitled to make a formal application for visa issuance at a U.S. consular office abroad, or an adjustment of status with the Department of Homeland Security (DHS) in the United States.
9 FAM 42.33 PN4 CREATION OF IMMIGRANT VISA FILE
(CT:VISA-754; 07-27-2005)
The KCC will create a DV immigrant visa (IV) file on the principal applicant and qualifying dependents. These files will be shipped to post prior to the visa interview. In cases where a potentially disqualifying factor has been identified at the KCC during case creation, a note will be made in the electronic case file. The file folder will then be stamped “KCC FPU Reviewed” and a red memorandum
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noting the existence of the disqualifying factor will be included in the paper file for post action.
9 FAM 42.33 PN5 USING O*NET ONLINE TO DETERMINE WORK EXPERIENCE
9 FAM 42.33 PN5.1 Instructions for Determining the Applicant's Specific Vocational Preparation (SVP) Rating
(CT:VISA-1576; 10-04-2010)
a. Log on to the Department of Labor‟s O*Net OnLine Web site;
b. Click on the “Find Occupations” link;
c. On the “Find Occupations” screen, enter occupational title, such as, “mason, “painter,” “hairdresser,” etc., and click on the “Go” button. A search results page appears with a list of various occupation titles that relate to whatever job title was entered. Click on the link in the “Occupation” column for the title that seems appropriate for the DV applicants job experience;
d. A brief description for the job title will appear followed by more detailed data covering the following areas: tasks, knowledge, skills, abilities, work activities, work context, job zone, interests, work values, related occupations, and wages and employment.
9 FAM 42.33 PN5.2 What Specific Vocational Preparation (SVP) Range Qualifies an Applicants Job Experience for the Diversity Visa (DV) Program?
(CT:VISA-1463; 08-03-2010)
The O*Net Online database groups job experience into five "job zones." Zone 4 includes all occupations for which more than two years experience on the job is required. An occupation with a Job Zone 4 range has an SVP range of 7.0 to < 8.0 (7.0 to less than 8.0) and will qualify an applicant for the DV program. Thus, all applicants qualify for a DV on the basis of their work experience must, within the past five years, have two years of experience in an occupation that is classified in a SVP range of 7.0 or higher.
9 FAM 42.33 PN6 PROCESSING DIVERSITY VISAS (DV) CASES
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9 FAM 42.33 PN6.1 Required Forms for Immigrant Visa (IV) Applicants
(CT:VISA-1905; 10-01-2012)
In order to be considered documentarily qualified, the visa applicant must follow the electronic instructions and complete and return the Form DSP-122 and Form DS-230 to KCC. If the applicant will submit the Form DS-260, submission will be made electronically.
9 FAM 42.33 PN6.2 Immigrant Visa (IV) Appointment Package
(CT:VISA-1463; 08-03-2010)
Upon receipt from the applicant of properly completed Forms DSP-122, Supplemental Registration for the Diversity Immigrant Visa Program, and Form DS-230, Application for Immigrant Visa and Alien Registration or From DS-260, Online Application for Immigrant Visa and Alien Registration, the KCC will then transmit the Immigrant Visa (IV) Appointment Package and schedule an appointment for the applicant. The package consists of the following:
(1) Form DS-230, Application for Immigrant Visa and Alien Registration Part I and II or instructions for accessing the Form DS-260, Online Application for Immigrant Visa and Alien Registration; and
(2) Form DS-2053, Medical Examination for Immigrant or Refugee Applicant; 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.
9 FAM 42.33 PN6.3 Clearances
(CT:VISA-1905; 10-01-2012)
The KCC conducts Consular Lookout and Support System (CLASS) name checks on all applicants and submits Visas Eagle Security Advisory Opinion (SAOs) where required. For applicants determined to require a SAO other than a Visas Eagle, an electronic note is made in the case record. You must make the final determination as to whether an SAO is required.
9 FAM 42.33 PN6.4 Following-to-Join Applicants
(CT:VISA-1905; 10-01-2012)
DV applicants are informed in the electronic notification of how to adjust status to lawful permanent residence in the United States. A principal applicant who has adjusted status may file Form I-824, Application for Action on an Approved Application or Petition with U.S. Citizenship and Immigration Services (USCIS)
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requesting DHS send the Form I-824, upon its adjudication, to consular posts as verification of his or her LPR status. Upon receipt of this information, posts must send any derivative family members the Form DSP-122 and Form DS-230 for completion (or DS-260 if applicable) and the “Immigrant Visa Appointment Package” for completion. Post must notify the KCC of the adjustment of the principal applicant so that the electronic case can be modified and transmitted to post to allow visa issuance to the derivative family members. Proof of the principal applicant‟s adjustment of status must be provided to the KCC. Posts can then process these cases to conclusion, obtaining additional DV numbers from the Immigrant Visa Control and Reporting Division (CA/VO/F/I,) as necessary, via VISAS FROG messages (see 9 FAM Appendix E 300). Spouses and children who derive status from a DV registration can only obtain visas in the DV category during the specified Fiscal Year. Applicants cannot follow-to-join after the end of the Fiscal Year.
9 FAM 42.33 PN7 TRANSFER OF CASES
(TL:VISA-374; 03-20-2002)
Posts are to follow normal IV case transfer procedures when a DV applicant asks that his or her case be transferred to a different post for processing. (See 9 FAM 42.41 PN3.) DV cases should not be returned to the KCC for forwarding to another post as this delay may disadvantage the applicant, resulting in loss of opportunity for the visa interview and visa issuance if there is retrogression in the rank-order number.

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9 FAM 42.62 NOTES
(CT:VISA-1701; 09-21-2011) (Office of Origin: CA/VO/L/R)
9 FAM 42.62 N1 PERSONAL INTERVIEW OF VISA APPLICANTS BY CONSULAR OFFICER
(CT:VISA-1701; 09-21-2011)
a. Consular officers must make every effort to conduct visa interviews fairly and professionally. Any semblance of aggressive cross-examination, assumption of bad faith, or entrapment must be avoided. Applicants should be given sufficient time to answer questions without interruption. In cases where the consular officer’s determinations are difficult to make or which are or may become the subject of controversy, the officer must make a thorough and carefully written record of the interview so that the basis for the final action can be fully documented. (See 9 FAM 42.81 Notes.)
b. Interviewing visa applicants is one of the consular officer’s most demanding jobs, requiring the officer’s composure, judgment, and diplomatic skills. Techniques for good interviewing, including the critical skill of how to ask the right questions, deserve careful attention. Training materials on effective interviewing and fraud interviews are available through the Fraud Prevention Program’s Consular Affairs Web page.
9 FAM 42.62 N2 INTERVIEW WHEN APPLICANT IS SOLE BENEFICIARY OF THE PETITION
(CT:VISA-1093; 10-31-2008)
Although the regulation permits the waiver of the personal appearance for a child under the age of 14, the principal beneficiary, regardless of age, of any immigrant visa (IV) petition must appear in person.

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9 FAM 40.6 EXHIBIT I GROUNDS OF INADMISSIBILITY AVAILABLE WAIVERS
(CT:VISA-1613; 01-04-2010) (Office of Origin: CA/VO/L/R)
HEALTH RELATED GROUNDS
Class of Inadmissibility
NIV Waivers
IV Waivers
Communicable Disease of Public Health Significance
(INA 212(a)(1)(A)(i);
(9 FAM 40.11)
INA 212(d)(3)(A) waiver is available.
INA 212(g) waiver is available for:
1. The spouse, unmarried son or daughter, or minor unmarried lawfully adopted child of: a U.S. citizen, an alien who has been issued an immigrant visa, or an alien who has been lawfully admitted for permanent residence; or
2. The parent of a son or daughter who is: a U.S. citizen, a lawfully admitted permanent resident alien, or an alien who has been issued an immigrant visa; or
3. A Violence Against Women Act (VAWA) self-petitioner.
Failure to Submit Proof
Not Applicable.
1. If alien receives vaccines that are
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of Vaccination
INA 212(a)(1)(A)(ii)
(INA 212(a)(1)(A)(iii); (9 FAM 40.11)
initially missing, a waiver may be approved by the consular officer under a blanket delegation of authority by USCIS. (9 FAM 40.11 N12.5-1; INA 212(g)(2)(A))
2. If the panel physician determines required vaccinations would be medically inappropriate, a waiver may be approved by the consular officer under a blanket delegation of authority by USCIS. (9 FAM 40.11 N12.5-2; INA 212(g)(2)(B))
3. If there is a religious or moral objection to vaccination, a waiver may be approved by Department of Homeland Security (DHS). (9 FAM 40.11 N12.5-3 and INA 212(g)(2)(C))
Physical or Mental Disorder and Behavior Associated with the Disorder Which May Pose, or Has Posed a Threat, to Property or Safety, of the Applicant or Others and Which is Likely to Recur
212(d)(3)(A) waiver is available, subject to conditions proposed by the Department of Health and Human Services (HHS), such as a requirement that a family member or medical escort accompany the applicant.
INA 212(g)(3) waivers are granted at the discretion of DHS in consultation with HHS. Waivers may be subject to conditions proposed by the Department of Health and Human Services, such as the giving of bond or requirement
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(INA 212(a)(1)(A)(iii);
9 FAM 40.11)
(9 FAM 40.11 N13)
that a family member or medical escort accompany the applicant.
Drug Abuser or Addict, one who has engaged in “non-medical use of a controlled substance.”
(INA 212(a)(1)(A)(iv);
(9 FAM 40.11 N12)
212(d)(3)(A) waiver available upon recommendation of the consular officer to DHS/USCIS. (9 FAM 40.11 N13.2 and N14)
No waiver is available. However, a “CLASS A” inadmissibility finding by the panel physician may be overcome in the future according to CDC guidelines. (9 FAM 40.11 N13.2)
CRIMINAL AND RELATED GROUNDS
Class of Inadmissibility
NIV Waivers
IV Waivers
Crimes Involving Moral Turpitude
(INA 212(a)(2)(A)(i)(I);
9 FAM 40.21(a))
For those who do not fall under the exceptions to inadmissibility listed in 9 FAM 40.21, INA 212(d)(3)(A) waivers are available. Factors in considering whether to recommend a waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.
1. INA 212(h) waiver is available in cases where the alien’s admission to the United States would not be contrary to the national welfare, safety and security of the United States and the applicant has been rehabilitated, and the activities for which the applicant is inadmissible occurred more than 15 years before the date of visa application; or
2. For the spouse, parent, son, or daughter of a U.S. citizen or legal permanent resident (LPR) if, in the opinion of DHS, not granting the waiver would result in extreme hardship to the U.S. citizen or LPR;
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or
3. The alien is a VAWA self-petitioner.
No waiver is available if the applicant has been convicted of (or has admitted committing acts that constitute) murder, criminal acts involving torture, or conspiracy to commit either murder or criminal acts involving torture.
Controlled Substance Violators
(INA 212(a)(2)(A)(i)(II));
(9 FAM 40.21(b))
INA 212(d)(3)(A) waiver is available.
Factors to consider in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.
1. INA 212(h) waiver is available if the alien’s admission to the United States would not be contrary to the national welfare, safety, or security of the United States; and the alien has been rehabilitated and the inadmissible act occurred more than 15 years before the visa application; or
2. For the spouse, parent, son, or daughter to the U.S. citizen or LPR if, in the opinion of the Secretary of Homeland Security, refusing the waiver would result in extreme hardship to the U.S. citizen or LPR; or
3. The alien is a VAWA
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self-petitioner.
INA 212(h) is only available if the violation relates to a single offense of simple possession of 30 grams or less of marijuana.
Multiple Criminal Convictions
(INA 212(a)(2)(B));
(9 FAM 40.22 Notes)
INA 212(d)(3)(A) waiver is available.
Factors to consider in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.
1. INA 212(h) waiver is available if: activities for which the alien is inadmissible occurred more than 15 years before the date of the alien’s application; the alien’s admission to the United States would not be contrary to the national welfare, safety, or security; and the applicant has been rehabilitated; or
2. For the spouse, parent, son, or daughter to the U.S. citizen or LPR if, in the opinion of the Secretary of Homeland Security, refusing the waiver would result in extreme hardship to the U.S. citizen or LPR; or
3. If the alien is a VAWA self-petitioner.
No waiver is available if the applicant has committed murder, criminal acts involving torture, or conspiracy to commit either murder
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or criminal acts involving torture.
Controlled Substance Traffickers and the Spouse, Son, or Daughter of Substance Traffickers Who Obtained Financial or other Benefit and Knew or have Known that the Financial Benefit was the Product of Illicit Activity within the Past Five Years
(INA 212(a)(2)(C));
(9 FAM 40.23 Notes)
INA 212(d)(3)(A) waiver is available.
Factors to consider in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.
No waiver is available.
Prostitution and Commercialized Vice Within the Past 10 Years of the Date of Application for a Visa, Admission, or Adjustment of Status
(INA 212(a)(2)(D); and INA 212(a)(2)(A)(i)(I))
(9 FAM 40.24)
INA 212(d)(3)(A) waiver is available.
Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.
1. INA 212(h) waiver is available in cases of prostitution (D)(i)or procuring (D)(ii) if the alien’s admission to the United States would not be contrary to the national welfare, safety, or security, and the alien has been rehabilitated. In cases of other commercialized vice (D)(iii), 212(h) is available if the two conditions above are met, and all relevant criminal acts took place more than 15 years before the date of application; or
2. Available to IV applicants with a close family relationship (spouse, parent, son, or
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daughter) to a U.S. citizen or LPR, if, in the opinion of DHS, not granting the waiver would result in extreme hardship to the petitioning U.S. citizen or LPR and the alien has been rehabilitated; or
3. The alien is a VAWA self-petitioner.
Certain Aliens Involved in Serious Criminal Activity Who Have Asserted Immunity from Prosecution
(INA 212(a)(2)(E))
(9 FAM 40.25)
INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.
1. INA 212(h) waiver is available if the activities for which the alien is inadmissible occurred more than 15 years before the date of the alien’s application, the alien’s admission to the United States would not be contrary to the national welfare, safety, or security, and the alien has been rehabilitated; or
2. For applicants with a close family relationship (spouse, parent, son, or daughter) to a U.S. citizen or LPR, if, in the opinion of DHS, refusing the waiver would result in extreme hardship to the U.S. citizen or LPR; or
3. The alien is a VAWA self-petitioner.
Neither waiver is available if the alien has committed murder or criminal acts involving
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torture, or conspiracy to commit either murder or criminal acts involving torture.
Foreign Government Officials Who Have Committed Particularly Severe Violations of Religious Freedom
(INA 212(a)(2)(G));
(9 FAM 40.26)
INA 212(d)(3)(A) waiver is available. Advisory Opinion from VO/L/A is mandatory.
No waiver is available.
Significant Traffickers in Persons and Beneficiaries, Certain Family Members of Trafficker Who Obtained Financial or Other Benefit and Knew or Have Known that the Financial Benefit was the Product of Illicit Activity in Past 5 Years
(INA 212(a)(2)(H));
(9 FAM 40.27 Notes)
INA 212(d)(3)(A) waiver is available. Advisory Opinion from VO/L/A is mandatory.
No waiver is available.
SECURITY AND RELATED GROUNDS
Class of Inadmissibility
NIV Waivers
IV Waivers
General Prejudicial Activities: Espionage, Sabotage, or Prohibited Export of Sensitive Technology, or Sensitive Information
No waiver is available but the inadmissibility applies only to current circumstances.
Mandatory Security Advisory Opinion (SAO)
No waiver is available but inadmissibility applies only to current circumstances.
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(INA 212(a)(3)(A));
(9 FAM 40.31)
required for inadmissibility finding.
Terrorist Activities
(INA 212(a)(3)(B)); (9 FAM 40.32)
INA 212(d)(3)(A) waiver is available. SAO to VO/L/C is mandatory.
No waiver is available.
Entry Would Have Potentially Serious Adverse Foreign Policy Consequences
(INA 212(a)(3)(C));
(9 FAM 40.33)
No waiver is available but inadmissibility applies to current circumstances. SAO is mandatory for inadmissibility finding.
No waiver is available but inadmissibility applies to current circumstances. SAO mandatory.
Membership or Affiliation with Communist or Other Totalitarian Party, Domestic or Foreign (applies only to immigrants)
(INA 212(a)(3)(D));
(9 FAM 40.34)
INA 212(a)(3)(D) waiver available. Also, there are exceptions contained in INA 212(a)(3)(D) relating to past membership and/or involuntary membership.
Participation in Nazi Persecutions or Genocide and Commission of Acts of Torture or Extrajudicial Killings
INA 212(d)(3)(A) waiver is available for acts of torture or extrajudicial killing.
SAO mandatory for finding.
No waiver is available.
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(INA 212(a)(3)(E));
(9 FAM 40.35(a) and 9 FAM 40.35(b))
Associations with Terrorist Organizations
(INA 212(a)(3)(F));
(9 FAM 40.36)
INA 212(d)(3)(A) waiver is available.
SAO mandatory
No waiver is available.
Recruitment or Use of Child Soldiers
(INA 212(a)(3)(G));
(9 FAM 40.38)
INA 212(d)(3)(A) waiver is available.
SAO mandatory
No waiver is available.
PUBLIC CHARGE
Class of Inadmissibility
NIV Waivers
IV Waivers
Public Charge
(INA 212(a)(4)(A));
(9 FAM 40.41)
The refusal on this ground may be overcome.
Typically, refusals are overcome if an applicant presents evidence that convinces the consular officer that the inadmissibility no longer applies.
No waiver is available. Applicants may overcome the finding by presenting evidence to convince you that the inadmissibility no longer applies. While there are provisions for overcoming the inadmissibility by posting a bond with DHS, the applicant is still subject to Affidavit of Support (AOS) and income requirements. Consequently, there are
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few circumstances in which a bond would be offered as an alternative to the AOS.
LABOR AND QUALIFICATIONS FOR CERTAIN IMMIGRANTS
Class of Inadmissibility
NIV Waivers
IV Waivers
Aliens Entering the United States to Perform Skilled or Unskilled Labor Whose Intended Employment Has Not Been Certified by the Department of Labor or Who is Unqualified for His/Her Certified Employment.
(INA 212(a)(5)(A));
(9 FAM 40.51)
Not applicable to NIV.
No waiver is available at time of visa application. However, under INA 212(k), DHS may waive this inadmissibility for an IV holder at the port of entry.
Unqualified Physicians
(INA 212(a)(5)(B));
(9 FAM 40.52)
Not applicable to NIV.
No waiver is available.
Uncertified Foreign Health Care Workers
(INA 212(a)(5)(C));
(9 FAM 40.53 Notes)
Discretion must be applied on a case-by-case basis; reference 9 FAM 40.53 N3.
No waiver is available, but this can be overcome. See 9 FAM 40.53 N1.
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ILLEGAL ENTRANTS, IMMIGRATION VIOLATORS, AND MISREPRESENTATION
Class of Inadmissibility
NIV Waivers
IV Waivers
Aliens Present Without Admission or Parole
(INA 212(a)(6)(A));
(9 FAM 40.61)
This ground does not apply at time of visa application.
This ground does not apply to visa applicants.
Failure to Attend a Removal Proceeding
(INA 212(a)(6)(B));
(9 FAM 40.62)
INA 212(d)(3)(A) waiver is available. Inadmissibility applies for 5 years following departure or removal subsequent to removal hearing.
No waivers available. Inadmissibility apples for 5 years following departure or removal subsequent to removal hearing.
Fraud and Misrepresentation
(INA 212(a)(6)(C)(i));
(9 FAM 40.63)
INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.
INA 212(i)
Waivers are available if she or he is the spouse, son, or daughter of a U.S. citizen or of an LPR, but only if the petitioner would suffer extreme hardship if the waiver were not granted; or, if a VAWA self-petitioner, the alien demonstrates extreme hardship to the alien, or the alien’s U.S. Citizen or LPR relative.
False Claim of Citizenship
INA 212(d)(3)(A) waiver is available. Factors to be considered in
No waiver available.
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(INA 212(a)(6)(C)(ii)); (9 FAM 40.63)
deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.
Stowaways
(INA 212(a)(6)(D));
(9 FAM 40.64)
Applies only to aliens seeking admission at a port of entry. You are not to refuse visas under this provision.
This ground does not apply at time of visa application.
This ground does not apply at time of visa application.
Smugglers (Knowingly Assisted)
(INA 212(a)(6)(E));
(9 FAM 40.65)
INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.
1. INA 212(d)(11) waiver available. DHS may grant a waiver to an applicant for family-based immigration if the alien applicant had aided an individual who at the time of such action was the alien’s spouse, parent, son, or daughter entering or attempting to enter the United States in violation of the law. The brother or sister of a U.S. citizen is not eligible for this waiver.
2. DHS may grant an
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INA 212 (c) waiver to a LPR who is returning to the United States after a temporary absence abroad; had illegally assisted only his or her spouse, son, or daughter, or parent, and no others; and is otherwise eligible for admission. In this way, DHS avoids penalizing too heavily aliens already admitted to the United States who were not ineligible prior to the 1990 amendments to the law, who would now be inadmissible because of the 1990 amendments, and who had assisted only a close family member’s entry into the United States.
Subject of Civil Penalty or Final Order Under Section 274C (Document Counterfeiting)
(INA 212(a)(6)(F));
(9 FAM 40.66 Notes)
INA 212(d)(3)(A)waiver available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.
INA 212(d)(12) waiver is available.
DHS may grant a waiver to:
1. Certain permanent resident aliens who have been abroad temporarily and are not under order of deportation; or
2. To aliens seeking admission or adjustment of status as immediate relatives or family-based beneficiaries (but for aliens seeking adjustment it must have been committed solely
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to assist, aid, or support the alien’s spouse or child).
Student Visa Abusers
(INA 212(a)(6)(G));
(9 FAM 40.67)
INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.
No waiver is available.
DOCUMENTATION REQUIREMENTS
Class of Inadmissibility
NIV Waivers
IV Waivers
No Entry Documents – Immigrants
(INA 212(a)(7)(A));
(9 FAM 40.71)
Not applicable.
No waiver is available at time of visa application. However, under INA 212(k), DHS may waive this inadmissibility for an IV holder at the port of entry.
Nonimmigrants Not in Possession of Passport Valid for Six Months of Nonimmigrant Visa or Border Crossing Card
(INA 212(a)(7)(B));
(9 FAM 40.72 Notes)
INA 212(d)(4) waiver is available:
1. On the basis of unforeseen emergency in individual cases; or
2. On the basis of reciprocity to nationals of a foreign contiguous territory or of adjacent islands (and residents of
Not applicable.
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those territories or islands having a common nationality with such nationals).
INELIGIBLE FOR CITIZENSHIP
Class of Inadmissibility
NIV Waivers
IV Waivers
Permanently Ineligible for Citizenship (Immigrant Visas)
(INA 212(a)((A));
(9 FAM 40.81 Notes)
Not applicable.
No waiver is available. INA 212(c) relief is available for certain returning residents. Advisory Opinion required.
Any Alien Who Departed from or Remained Outside the United States to Avoid Service in the Armed Forces in Time of War or National Emergency
(INA 212(A)((B));
(9 FAM 40.82 Notes)
INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.
No waiver is available. INA 212(c) relief is available for certain returning residents.
ALIENS PREVIOUSLY REMOVED AND UNLAWFULLY PRESENT
Class of Inadmissibility
NIV Waivers
IV Waivers
Aliens Previously
INA 212(d)(3)(A) waiver is available. Factors to
No waiver, but DHS may grant permission
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Removed
(INA 212(a)(9)(A));
(9 FAM 40.91)
be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States. Additionally, an approved Form I-212, (Permission to Reapply for Admission into the United States after Deportation or Removal) removes this ground, but not the circumstances which led to it.
to reapply for admission to the United States to an alien otherwise inadmissible under this section. (Form I-212, Permission to Reapply). However, such permission to reapply does not remove the grounds which led to the alien’s denial of admission to or removal from the United States. The reason for such denial of admission or removal may lead to another ground of inadmissibility.
Aliens Unlawfully Present
(INA 212(a)(9)(B));
(9 FAM 40.92 Notes)
INA 212(d)(3)(A) Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States. Additionally, an approved Form I-212 (Permission to Reapply) for Admission into the United States after Deportation or Removal) removes this ground, but not the circumstances which led
DHS has sole discretion to grant a 212(a)(9)(B)(v) waiver in the case of an immigrant who is the spouse, son, or daughter of a U.S. citizen or LPR, if refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawful resident spouse or parent of such alien.
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to it.
Aliens Unlawfully Present After Previous Immigration Violations
(INA 212(a)(9)(C));
(9 FAM 40.93 Notes)
INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.
No waiver, but DHS may grant permission to reapply for admission to the United States to an alien otherwise inadmissible under this section provided at least ten years have passed following the alien’s last departure from the United States. (Form I-212, Application for Permission to Reapply)
MISCELLANEOUS
Class of Inadmissibility
NIV Waivers
IV Waivers
Practicing Polygamists
(INA 212(a)(10)(A));
(9 FAM 40.101)
Not applicable.
No waiver is available.
INA 212(c) relief is available for certain returning residents.
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Guardian Required to Accompany Helpless Alien
(INA 212(a)(10)(B));
(9 FAM 40.102)
Not applicable at time of visa application. This is applied only at the port of entry (POE) by DHS.
Not applicable at time of visa application.
International Child Abduction
(INA 212(a)(10)(C));
(9 FAM 40.103 Notes)
212(d)(3)(A) waiver is available.
Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.
No waiver is available.
Unlawful Voters
(INA 212(a)(10)(D));
(9 FAM 40.104 Notes)
212(d)(3)(A) waiver is available.
Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.
No waiver is available.
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Former Citizens Who Renounced Citizenship to Avoid Taxation
(INA 212(a)(10)(E));
(9 FAM 40.105 Notes)
212(d)(3)(A) waiver is available.
Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.
No waiver is available.
OTHER INADMISSIBILITIES
Class of Inadmissibility
NIV Waivers
IV Waivers
Educational Visitor Status: Foreign Residence Requirement; Waivers
(INA 212(e));
(9 FAM 40.202)
The foreign residence requirement of INA 212(e) may be waived by the Department of Homeland Security (DHS) upon recommendation from CA/VO/L/W.
The foreign residence requirement of INA 212(e) may be waived by the DHS upon recommendation from CA/VO/L/W.
Presumption of Immigrant Status
(INA 214(b));
(9 FAM 40.203 Notes)
No waiver is available.
Not Applicable.
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Alien Who Knowingly Made a Frivolous Application for Asylum
(INA 208(d)(6));
(9 FAM 40.206)
No waiver is available.
No waiver is available.
Aliens Involved in Confiscation of Property of U.S. Nationals
(Section 401 of Public Law 104-114);
(9 FAM 40.207 Notes)
Where the Secretary of State finds, on a case by case basis, that the entry into the United States of the person who would otherwise be inadmissible under this section is necessary for medical reasons or for purposes of litigation of an action under Title III.
No waiver is available.
Aliens Involved in Political Killings
(Section 616 of Public Law 105-277);
(9 FAM 40.208)
No waiver is available.
No waiver is available.
Suspension of Entry or Imposition of Restrictions by President
(INA 212(f))
No waiver is available.
No waiver is available.
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Visa Overstay
(INA 222(g));
(9 FAM 40.68 and 9 FAM 41.101)
No waiver except where extraordinary circumstances are found by the Secretary of State to exist.
Not applicable.
Persons Engaged in Forced Abortions or Sterilization
(8 U.S.C. 1182(e))
If the Secretary of State determines that it is important to the national interest of the United States to do so and provides written notification to the appropriate congressional committees containing a justification for the waiver.
Not applicable.
Chinese and Other Nationals Engaged in Coerced Organ or Bodily Tissue Transplantation
(8 U.S.C. 1182(f))
If the Secretary of State determines that it is important to the national interest of the United States to do so, and no later than 30 days after the issuance of a visa, the Secretary provides written notification to the appropriate Congressional committee containing a justification for the waiver.
Not applicable.
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Persons Credibly Alleged to Have Aided and Abetted Colombian Insurgent and Paramilitary Groups
(Section 3205 of Public Law 106-246)
1. If the Secretary of State finds, on a case by case basis, that the entry into the United States of a person who would otherwise be inadmissible under this section is necessary for medical reasons.
2. To permit the prosecution of such person in the United States or when the person has cooperated fully with the investigation of crimes committed by individuals associated with the Revolutionary Armed Forces of Columbia (FARC), the National Liberation Army (ELN), or the United Columbian Self Defense Organization (AUC).
3. The President may waive the limitation if he determines that the waiver is in the national interest.
No waiver is available.

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9 FAM 41.113
PROCEDURAL NOTES
(CT:VISA-1938; 10-23-2012) (Office of Origin: CA/VO/L/R)
9 FAM 41.113 PN1 INFORMATION ABOUT THE MACHINE READABLE VISA (MRV)
(CT:VISA-1745; 10-19-2011)
The information on the MRV is printed on an adhesive foil and consists of five sections that:
(1) Reflect the applicant’s biographic data;
(2) Contain information about the visa itself (visa type, number of entries, date of issuance, and date of expiration);
(3) Show the 88-character field used for annotating additional information about the recipient, when necessary; (e.g., annotation of a petition number, SEVIS number, etc.);
(4) Display a digitized photo of the visa recipient; and
(5) Contain a machine-readable zone (MRZ) consisting of two lines of highly sensitive coded data. Scanners connected to authorized computer networks can read the data located in the MRZ and instantly recall records associated with the MRV. Damage to either line may prevent the scanner from reading the data, requiring manual data-entry before processing, which could lead to delays at ports of entry. You should instruct MRV recipients to take care with their MRVs, avoiding folding the foil, and preventing contact between the foil and objects that could damage it, such as paper clips, staples, etc.
9 FAM 41.113 PN1.1 Separate Machine Readable Visa (MRV) for Each Applicant
(CT:VISA-1745; 10-19-2011)
You must issue a separate MRV to each qualified applicant, even when the same passport includes multiple applicants. Therefore, a passport must contain at least one unmarked page for each visa issued. When possible, the page opposite the visa-ed page should also remain unmarked. This will provide space for the Customs and Border Protection (CBP) officer at the POE to annotate and/or stamp
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the applicant’s passport at the time CBP admits the applicant into the United States.
9 FAM 41.113 PN1.2 Photograph Requirements for the Machine Readable Visa (MRV)
(CT:VISA-1745; 10-19-2011)
a. Visa applicants must provide with their NIV applications un-mounted, full-face photographs of themselves and derivative applicants, taken within the past six months. A “full face” photo is one in which the applicant faces the camera directly. The applicant should be looking straight at the camera, and the face should cover about 50 percent of the area of the photo. Although variations in hair styles and in head coverings make it difficult to rigorously define the term “face,” in general, the photograph should display the head of the applicant, including both face and hair, from the crown of the head to the tip of the chin on top and bottom, and from hair line side-to-side. The ears should be exposed, if local or religious custom does not prohibit. The key requirement is that the photograph clearly identifies the applicant.
b. NIV applicants are permitted to submit photographs with their applications either electronically by uploading them into a Form DS-160 NIV Application, or by submitting a hard-copy photograph. The hard-copy photograph should measure 2 inches square (roughly 50 mm square) with the head centered in the frame. The head (measured from the top of the hair to the bottom of the chin) should measure between 1 to 1 3/8 inches (25 mm to 35 mm) with the eye level between 1 1/8 inch to 1 3/8 inches (28 mm and 35 mm) from the bottom of the photo. Photos should be in color and must be taken against a white or off-white background. You should not accept photos taken in front of busy, patterned, or dark backgrounds.
c. On occasion, you will encounter visa applicants whose appearance varies slightly from that of the photographs they submit with their NIV applications. In many instances, the Visa Office attributes these variances to recent advances in digital photography software programmed to flatter the subject of the photograph. You may use the photograph if it otherwise appears to be of the applicant (per 9 FAM 41.113 PN1.2 paragraph a, above). The color variance is not a significant issue because current facial recognition (FR) technology does not employ color. Rather, it converts color pictures to black and white before matching. Uniform contrast or brightening enhancement will not significantly impede FR unless it is exaggerated to the point of saturation.
9 FAM 41.113 PN1.2-1 Head and Face Coverings
(CT:VISA-1622; 01-31-2011)
See 22 CFR 41.105.
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9 FAM 41.113 PN1.2-2 Individual Photo Required
(CT:VISA-1622; 01-31-2011)
See 22 CFR 41.105.
9 FAM 41.113 PN1.3 Entering Information in the Machine Readable Visa (MRV) Data Field
(CT:VISA-1745; 10-19-2011)
a. You must ensure entry of the following information in the MRV data field before you may issue a visa:
(1) Full name of applicant;
(2) Visa type;
(3) Visa class;
(4) Passport information, including passport number, passport issuance date, passport issuance city, passport country, and passport expiration date;
(5) Sex;
(6) Date of birth;
(7) Nationality;
( Number of entries allowed;
(9) Date of visa issuance;
(10) Date of expiration;
(11) Applicant’s local address and telephone information; and
(12) SEVIS ID for all F, M, and J visa applicants.
Absent any of this information, the system will not accept the visa application. Prior to entering this information in the system, the personal data on Form DS-156, Nonimmigrant Visa Application, or Form DS-160, Electronic Nonimmigrant Visa Application, should be checked against the personal data page in the passport to ensure accuracy.
b. The name of the visa issuing post and the control number are automatically printed on the MRV.
c. The data fields do not accept special characters: comma, hyphen, asterisk, foreign-language diacritical marks, etc.
d. In certain countries where many nationals have only a surname, the applicant’s first name should be entered as FNU. For example, “Smith, FNU”, the “FNU” stands for “First Name Unknown.”
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9 FAM 41.113 PN1.4 Entering Information in the Machine Readable Visa (MRV) Annotation Field
(CT:VISA-1745; 10-19-2011)
You must place annotations on MRVs in the 88-character field beneath the word “Annotation.” You may use abbreviations as necessary in the annotation field. (For example: P.A. vice Principal Applicant). Unlike the data field, you may employ various forms of punctuation (hyphen, period, etc.) in the annotation field, when appropriate.
9 FAM 41.113 PN1.5 Use of Titles
(CT:VISA-1745; 10-19-2011)
You may not enter titles such as “Dr.”, “Sr.”, “Mr.”, “Mrs.”, etc. in the data field on an MRV. However, you may use such titles in the annotation field, as appropriate.
9 FAM 41.113 PN1.6 Altering Data on a Machine Readable Visa (MRV)
(CT:VISA-1745; 10-19-2011)
You may not enter handwritten annotations or alterations on an MRV. In the event of a data-entry error, you must re-enter information electronically in order to reissue the visa.
9 FAM 41.113 PN2 PLACEMENT OF A MACHINE READABLE VISA (MRV) IN A PASSPORT
9 FAM 41.113 PN2.1 Placement of a Machine Readable Visa (MRV) in a Passport
(CT:VISA-1745; 10-19-2011)
You must place an MRV as close as possible to the bottom and left sides of the passport page to optimize MRV reader performance.
9 FAM 41.113 PN2.2 Placing a Machine Readable Visa (MRV) on Form DS-232, Unrecognized Passport or Waiver Cases
(CT:VISA-1745; 10-19-2011)
a. You must place the MRV on Form DS-232, Unrecognized Passport or Waiver
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Cases, in those instances in which the applicant does not possess and cannot readily obtain a valid passport.
b. The bottom part of the MRV should be placed as close as possible to the lower right corner on the Form DS-232, Unrecognized Passport or Waiver Cases. (See 9 FAM 41.113 Exhibit II.) Placing the MRV at this location will help optimize MRV reader performance. You should carefully fold the Form DS-232 before you insert it into a passport, in order to prevent the MRV itself from being creased or folded.
c. Since the MRV contains a photograph of the visa recipient, you do not have to place an additional photo of the applicant on Form DS-232.
9 FAM 41.113 PN3 SCANNING THE MACHINE READABLE VISA (MRV)
(CT:VISA-1745; 10-19-2011)
a. After the MRV has been placed in the travel document, you should perform quality assurance (QA) on the visa to ensure that the coded data are error-free. You should take the following steps in scanning an MRV:
(1) You should place the visa-ed page face down on the left side of the QA reader with the coded data lined up against the border guide;
(2) You should then pass only the page containing the visa through the reader; and
(3) You should then swipe the passport manually toward the reader’s opening, from left to right.
b. The QA reader will feed the passport through the reader while you hold the passport. If the coded data are error-free, the reader will display a green light. If a red light appears, this indicates an error in the visa that you must correct before returning the passport to its owner.
9 FAM 41.113 PN3.1 Care and Maintenance of Quality Assurance Readers
(CT:VISA-1745; 10-19-2011)
The QA reader (scanner) is a delicate and expensive part of the MRV equipment. CA/VO urges posts to follow carefully all cleaning and maintenance instructions furnished with the reader.
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9 FAM 41.113 PN3.2 MRV Printer Maintenance
(CT:VISA-1745; 10-19-2011)
Regular care and the cleaning and maintenance of the MRV printers are crucial to their proper functioning, particularly keeping the paper path, trays, and printer area workspace clean of adhesive, dust, and debris. You should perform such cleaning on a daily basis if your post issues more than 30 visas a day. Weekly cleaning is adequate for posts with a lower volume of issuances. Proper cleaning of the printers, including the feed rollers and internal paper path is the responsibility of each individual post, either through in-house servicing or post-funded outside servicing.
9 FAM 41.113 PN4 CARE AND STORAGE OF MACHINE READABLE VISA (MRV) FOILS
(CT:VISA-1745; 10-19-2011)
The Accountable Consular Officer (ACO) at post should inspect new MRV foils for defects immediately upon their receipt. You should store foils in a secured area with normal temperature and humidity. You should refer problems regarding the foils promptly to the General Services Division (CA/EX/GSD). See 7 FAH-1 H-650, Standard Operating Procedures for Safeguarding and Accounting for Controlled Consular Items.
9 FAM 41.113 PN4.1 Defective Lincoln Foils
(CT:VISA-1745; 10-19-2011)
In the event you identify a defective Lincoln foil, and assuming that the visa recipient did not precipitate the problem, you should issue a replacement MRV with no new application fee or interview required. The original expiration date of the defective visa should be displayed on the newly issued MRV, as this is simply a replacement of a defective product. The ACO must maintain accountability for replacement visa foils at end of day Accountable Items (AI) module.
9 FAM 41.113 PN4.2 Destroying Machine Readable Visa (MRV) Foils
(CT:VISA-1933; 10-10-2012)
a. You should destroy at post spoiled or invalid MRV foils, maintaining proper accountability in the Accountable Items (AI) module of the NIV system. The ACO must supervise personally the destruction of controlled consular items, including NIV foils, and must document that destruction in AI. Another consular officer must certify witnessing the destruction of accountable items in AI. You can find further information about the proper handling of accountable
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items in Chapter 600 of the Consular Management Handbook (7 FAH-1). You may destroy accountable items through shredding, burning, or whatever means post uses for the destruction of classified material.
b. If post facilities do not permit proper destruction, you should return foils via classified pouch to the
Department of State Consular Supply Facility (CA/EX/GSD/CSF) SA-21 Washington, DC 20520-2101
You should clearly mark the box(es) “BULK MATERIAL TO BE DESTROYED”. Each defective foil should be placed back on its carrier sheet if possible. Foils must not be piled on top of each other on the carrier sheet, because this inhibits the destruction process of the foils.
c. You should notify CA/EX/GSD in advance by sending an e-mail to Consular Affairs (CA) Consular Supplies advising it of the forthcoming shipment of foils to be destroyed, as well as the serial number for each foil that is being returned. The text of the e-mail should also include the:
(1) Pouch registry number(s); and
(2) Number of box(es) being shipped.
9 FAM 41.113 PN5 TYPES OF NONIMMIGRANT VISAS (NIV) FEES
(CT:VISA-1745; 10-19-2011)
a. There are two types of nonimmigrant visa (NIV) fees. The:
(1) Application processing fee (also known as the MRV application fee); and
(2) Issuance fee (also known as the reciprocity fee).
b. The application processing fee is not reciprocal and all applicants must pay regardless of the type of passport held, except as noted in 9 FAM 41.26 N1.3, 9 FAM 41.21 PN11, and 9 FAM 41.113 PN5.2. You may not change an additional MRV fee to applicants refused under INA 221(g) who re-apply within one year of that refusal, and those who receive a replacement MRV because of a defective foil.
9 FAM 41.113 PN5.1 Machine Readable Visa (MRV) Application Fee
(CT:VISA-1938; 10-23-2012)
a. For the current non-refundable application processing fee for an MRV, see 22
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CFR 22.1. The method for collecting the fee varies from post to post, and must be paid separately from the visa reciprocity fee. To determine the visa reciprocity fee, if any, see the specific country information on the Visa Reciprocity Schedule posted on CAWeb.
b. You may charge only one MRV fee for a B1/B2 or C1/D visa. Applicants applying for both a B1/B2 and C1/D visa at the same time are only charged one MRV as well. For any other multiple visa combinations requiring two or more MRV foils for one applicant, you must collect two or more MRV fees, as appropriate.
9 FAM 41.113 PN5.2 Exceptions to Machine Readable Visa (MRV) Processing Fee
(CT:VISA-1803; 02-09-2012)
The following categories of visas are exempt from the MRV application-processing fee (see 9 FAM 41.107 N4 for waiver of visa issuance fees):
(1) “A”;
(2) “G”;
(3) NATO;
(4) C-3;
(5) All diplomatic type visas;
(6) Applicants for “J” visas participating in official U.S. Government-sponsored educational and cultural exchanges;
(7) Replacement Machine-Readable Visa when the original visa was not properly affixed or needs to be reissued through no fault of the applicant;
( Replacement Machine-Readable Visa to correct errors made by consular staff in the visa data, up to one year from the visa’s original date of issuance and only for the remaining validity of the original visa. After one year, the applicant must apply for a new visa, submitting the appropriate fee and application, and scheduling a new interview (if required);
(9) A parent, sibling, spouse, or child of a U.S. Government employee killed in the line of duty who is traveling to attend the employee’s funeral and/or burial; or a parent, sibling, spouse, son, or daughter of a U.S. Government employee critically injured in the line of duty, for visitation during emergency treatment and convalescence;
(10) U.S. Government employees traveling on official business;
(11) Applicants exempted by international agreement as determined by the Department, including members and staff of an observer mission to the United Nations Headquarters recognized by the UN General Assembly, and their immediate families; and
UNCLASSIFIED (U)
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UNCLASSIFIED (U)
(12) Applicants traveling to provide charitable services as determined by the Department.
9 FAM 41.113 PN6 ANNOTATING VISAS
(CT:VISA-1745; 10-19-2011)
a. Annotating visas is a useful tool that can help both the visa holder and immigration inspectors at POE. In many circumstances, the Foreign Affairs Manual (FAM) requires you to annotate visas. Annotations also provide CA and others (through the Consular Consolidated Database (CCD)) with information, both current and historical, and may be the only manner in which certain information is collected in an electronic format. Understanding when to annotate and when not to annotate a visa, and what information should or must be included, is important in making annotations effective.
b. A visa annotation is a simple and useful method to convey information about a visa applicant and the circumstances under which a visa was issued, explain the circumstances or assumptions on which the visa decision was based, or clarify key factors which were considered at the time of adjudication. The information contained in a visa annotation should help facilitate an immigration inspector’s decision on whether or not to admit the visa holder to the United States, and, if to admit, for how long.
c. Annotations should be concise and should be understandable to persons outside the Department. Abbreviations may be used, but they must be clear and self-evident. You should not use jargon or shorthand. Annotations should always be constructive and informative. You should carefully review annotations to avoid conveying a negative tone.
d. There are four principal instances when you should annotate visas:
(1) For certain classes of visas as required by regulation;
(2) For B-1 visas issued for certain employment-like purposes;
(3) To indicate clearance of a security advisory opinion (SAO), or waiver, exemption or overcome of ineligibility; and
(4) When you have decided to grant either a single-entry or less-than-full validity visa when a longer-term or multiple entry visa is available under visa reciprocity.
9 FAM 41.113 PN6.1 Annotating Visas for Foreign Government Officials
(CT:VISA-1745; 10-19-2011)
You should annotate the visa of a principal applicant to reflect his or her place of employment. For example:
UNCLASSIFIED (U)
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UNCLASSIFIED (U)
JOHN DOE, EMBASSY OF Z WASHINGTON, DC
9 FAM 41.113 PN6.2 Annotating Visas for Permanent Observer Missions at the United Nations
(CT:VISA-1745; 10-19-2011)
You must annotate visas for principal applicants at Permanent Observer Missions at the United Nations B-1 visas that reflect their places of employment. For example:
JOHN DOE OBSERVER MISSION TO THE UNITED NATIONS (NAME OF ORGANIZATION), NEW YORK, NY
9 FAM 41.113 PN6.3 Dependents of Permanent Observer Missions at the United Nations
(CT:VISA-1745; 10-19-2011)
PRINCIPAL APPLICANT: JOHN DOE UNITED NATIONS OBSERVER MISSION (NAME OF ORGANIZATION), WASHINGTON, DC
9 FAM 41.113 PN6.4 Persons Who Present a Letter Indicating They Need a Transportation Worker Identification Credential (TWIC)
(CT:VISA-1745; 10-19-2011)
You must annotate the visas of persons who present letters indicating they require Transportation Worker Identification Credentials (TWIC) with “TWIC letter received” to assist the Transportation Security Administration (TSA) to adjudicate TWIC applications. This annotation allows the bearer to apply for a TWIC in the United States, but it does not have any bearing on whether TSA will provide the applicant a TWIC. TSA conducts a full security threat assessment on each individual applicant, adjudicates the results, and makes an informed decision to grant or deny a TWIC based on a comprehensive enrollment. Additionally, once presented with a TWIC, Maritime Transportation Security Act-regulated ports and facilities determine all access. You should scan the TWIC letter into the CCD as part of the case record. (See 9 FAM 41.113 Exhibit I.)
9 FAM 41.113 PN7 ANNOTATING ACADEMIC (“F”) AND NONACADEMIC (“M”) STUDENT VISAS
UNCLASSIFIED (U)
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UNCLASSIFIED (U)
9 FAM 41.113 PN7.1 Applicant in Possession of Several Form I-20’s, Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students
(CT:VISA-1745; 10-19-2011)
You must annotate all F visas with the name of the school that the applicant initially intends to attend in the United States. The school’s name should be the same as that reflected in the student’s Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status – for Academic and Language Students, and the student’s SEVIS ID. You should remember that an annotation identifying a school on an F or M visa does not restrict the visa holder from using that F or M visa to attend a different school subsequent to his or her initial entry into the United States. In this case, the student must have a valid Form I-20 from the new school, and the new school must update his or her SEVIS record to reflect this. On the other hand, if a student changes schools before his or her initial entry, subsequent to visa issuance, you must issue a new visa with the proper school annotation.
9 FAM 41.113 PN7.2 School Not Yet Selected
(CT:VISA-1745; 10-19-2011)
If an applicant is undecided about which school he or she will attend (see 9 FAM 41.61 N9.2), you must issue a B-2 visa with a notation reading:
PROSPECTIVE STUDENT SCHOOL NOT YET SELECTED
9 FAM 41.113 PN7.3 Admission for School Entrance Examination or Interview
(CT:VISA-1745; 10-19-2011)
If a prospective student is entering the United States for an admission interview or entrance examination (see 9 FAM 41.61 N16.5 b), you must issue a B-2 visa with an annotation reading:
PROSPECTIVE STUDENT ADMISSION INTERVIEW or PROSPECTIVE STUDENT SCHOOL ENTRANCE EXAMINATION
9 FAM 41.113 PN7.4 Tourists Engaging in Short Study
UNCLASSIFIED (U)
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UNCLASSIFIED (U)
Course
(CT:VISA-1745; 10-19-2011)
a. For applicants whose primary purpose of travel is tourism, who, during their visits will incidentally engage in a short course of study, you must annotate the visa to read:
STUDY INCIDENTAL TO VISIT Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language Students NOT REQUIRED
b. You must limit the number of entries to those required for participation in the specific tour-study program. (See 9 FAM 41.31 N13.6.)
9 FAM 41.113 PN8 ANNOTATING “J” VISAS-EXCHANGE VISITORS
9 FAM 41.113 PN8.1 Inserting Program Number on Visa
(CT:VISA-1745; 10-19-2011)
You must annotate J visas with the name and number of the exchange visitor program in which the visa applicant is participating, and the participant’s SEVIS ID. In most cases the validity of J-visa should correspond with the length of the program. A visitor may not use any single J-visa for a program other than that specified on the annotation, even when that J-visa has not yet expired.
9 FAM 41.113 PN8.2 Annotating Visas of Agency for International Development (AID) Grantees
(CT:VISA-1745; 10-19-2011)
On every visa issued under AID Program G-2-0263, including the visas of family members of the principal applicant, you must place the following notation in the annotation field of the MRV:
SPONSORED BY AGENCY FOR INTERNATIONAL DEVELOPMENT (AID), DEPARTMENT OF STATE
9 FAM 41.113 PN8.3 Annotation Regarding Foreign Residence Requirement
(CT:VISA-1745; 10-19-2011)
a. Posts must place the following notation on each “J” visa issued:
UNCLASSIFIED (U)
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UNCLASSIFIED (U)
BEARER IS SUBJECT TO SECTION 212(e). TWO YEAR RULE DOES APPLY (Name of country)
OR
BEARER IS NOT SUBJECT TO SECTION 212(e). TWO YEAR RULE DOES NOT APPLY (Name of country)
b. After the word “apply,” you must annotate the name of the country that would satisfy the two-year residence and physical presence requirement if applicable. The country will in most instances be that which issued the applicant’s passport.
9 FAM 41.113 PN9 VISAS REQUIRING PETITIONS
(CT:VISA-1789; 12-16-2011)
a. For visas which require petitions, posts must enter the following in the petition screen:
(1) Petitioner’s name;
(2) Approved petition number;
(3) Visa classification; and
(4) Expiration date of the petition.
b. The name of the principal applicant should appear in the annotation field on the visa of each family member who is deriving status from the principal. For example:
P.A.: JOHN DOE PET. NAME: HEALTHY LIFE, INC. PET. NO. LIN9517750446 PET. EXP. DATE: 04 MAY 1996
c. If you limit the validity of an H, L, O, P, or Q visa to less than the period of validity on the petition or authorized extension of stay, you must also enter the following in the annotation field:
(PETITION VALID/STAY AUTHORIZED) (as applicable)
TO: DATE
(See 9 FAM 41.54 N20.2 and 9 FAM 41.55 N13.7.)
9 FAM 41.113 PN10 CONSULAR LOOKOUT AND SUPPORT SYSTEM (CLASS) HITS AND GROUNDS OF INELIGIBILITY OVERCOME
UNCLASSIFIED (U)
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UNCLASSIFIED (U)
9 FAM 41.113 PN10.1 Overcoming a Ground of Ineligibility
(CT:VISA-1745; 10-19-2011)
a. When issuing a visa to an applicant who has overcome a refusal or quasi-refusal under an INA 212(a) ground of ineligibility, you must enter the following notation in the annotation field:
CLASS (code for specific ground of refusal) OVERCOME; Clearance received (date): Reference CCD Notes
b. You should make the notation even if you have requested a deletion from CLASS or the Department has notified you that it will make a CLASS deletion. (See 9 FAM Appendix D, Automated Visa Systems.)
9 FAM 41.113 PN10.2 Annotations for Consular Lookout and Support System (CLASS) Hits
(CT:VISA-1745; 10-19-2011)
You may annotate visas for persons whom the Department has cleared of exact matches for a CLASS hits, “NOT SAME AS CLASS ENTRY – see case notes.” This annotation is optional and is based on your judgment. You need not specify the CLASS lookout code. You should enter any notes that would help clarify the annotation into the CCD.
9 FAM 41.113 PN11 WAIVER OF GROUND OF EXCLUSION
9 FAM 41.113 PN11.1 Annotation in INA 212(d)(3)(A) Waiver Cases INA 212(d)(3)(A)
(CT:VISA-1745; 10-19-2011)
a. You must annotate visas to reflect instances in which applicants have had grounds of ineligibility either overcome or waived. Your failure to annotate the visa properly can cause extreme hardship for the alien traveler.
b. When the Department of Homeland Security (DHS) waives a ground of exclusion under INA 212(d)(3)(A), you must enter the notation “212(d)(3)(A)” in the annotation field followed by the number of the paragraph of INA 212(a) that has been waived. You should annotate the duration of stay authorized, the POE (if applicable), and an indication of the purpose of the visit For example:
212(D)(3)(A): (6)(C) 4 WEEKS-N.Y., N.Y. CONFERENCE: HAPPY MOTORING COMPANY
UNCLASSIFIED (U)
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UNCLASSIFIED (U)
c. If DHS grants a waiver for multiple entries, a notation of the initial POE is sufficient, if specified in the waiver order. In addition, you must ensure that the visa’s period of validity does not exceed that of the waiver.
9 FAM 41.113 PN11.2 Permission Required by Department of Homeland Security (DHS) Washington District Office for Itinerary Changes or Extension of Stay
(CT:VISA-1745; 10-19-2011)
If DHS or the Department notifies you that the Washington District Office must grant permission for any change in itinerary or extension of stay, you must insert the abbreviation “WAS” in the annotation field on the machine readable visa (MRV) regarding the INA 212(d)(3)(A) authorization. For example:
212(3)(A)9)(6)(C) WAS-4 MONTHS NEW YORK, N.Y. CONFERENCE HAPPY MOTORING COMPANY
9 FAM 41.113 PN11.3 Number of Entries and/or Period of Validity Authorized by Waiver Exceeds Reciprocity
(CT:VISA-1745; 10-19-2011)
If DHS grants a waiver for more entries or a longer period than the appropriate visa reciprocity schedule specifies, posts must issue the visa only up to full validity, the number of entries and validity period listed in the reciprocity schedule on CAWeb. You may issue subsequent visas in such cases until the waiver period has expired.
9 FAM 41.113 PN11.4 Alien Previously Deported or Removed
(CT:VISA-1745; 10-19-2011)
If DHS has granted consent to reapply for admission after the exclusion or deportation of an alien, you must insert the following notations in the annotation field:
INA 212(a)(9)(A) or INA 212(a)(9)(B)
as applicable, and
PERMISSION TO REAPPLY FOR ADMISSION GRANTED.
UNCLASSIFIED (U)
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UNCLASSIFIED (U)
9 FAM 41.113 PN12 PURPOSE AND DURATION OF STAY WHEN VALIDITY IS LIMITED
(CT:VISA-1745; 10-19-2011)
a. In general, you should issue maximum-validity visas. (See 9 FAM 41.112 N2.2.)
b. When the validity of a visa is limited, you must annotate the visa indicating the applicant’s purpose of travel and period of intended stay in the United States. For example:
VISIT UNCLE IN SAN FRANCISCO - 3 WEEKS
c. A visa may be annotated in any case when you determine that the applicant is a nonimmigrant only for the purpose of the particular visit for which the visa is issued. You may limit the visa validity in accordance with the guidelines in 9 FAM 41.112 N2.3. Such notations will materially assist DHS inspectors at POEs as well as at the domestic offices of DHS and are encouraged. However, you may not enter negative notations, such as:
“NO ADJUSTMENT OF STATUS or EXTENSION OF STAY RECOMMENDED”
which questions the visa recipient’s veracity and/or tend to tell DHS what to do or what not to do in a given case. Under no circumstances should an annotation prohibit activity in the United States which would be permitted under the visa category, or prohibit the alien from seeking an extension or adjustment of status. These questions are appropriately the responsibility of immigration inspectors and the DHS.
9 FAM 41.113 PN12.1 Peace Corps
(CT:VISA-1622; 01-31-2011)
Posts must insert the designation “PEACE CORPS” in the annotation field of the MRV issued to an applicant who is proceeding to the United States under the Peace Corps Act (75 Statute 612).
9 FAM 41.113 PN12.2 A and G Individuals Coming to the United States for Less than 90 Days
(CT:VISA-1745; 10-19-2011)
The symbol “(TDY)” must be placed in the MRV annotation field of any individual in A or G status coming to the United States for a temporary assignment of less than 90 days. You should annotate the place of his or her employment. For example:
JOHN DOE, CONSULATE GENERAL OF Z SAN FRANCISCO, CA. (TDY)
UNCLASSIFIED (U)
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UNCLASSIFIED (U)
9 FAM 41.113 PN12.3 Maintenance of Status and Departure Bond
(CT:VISA-1745; 10-19-2011)
In cases where a maintenance of status and departure bond has been posted, (see 9 FAM 41.11 N8) place the following in the annotation field of the MRV:
INA 221(g) BOND, A-(NUMBER ASSIGNED BY Department of Homeland Security (DHS) (LOCATION OF Department of Homeland Security (DHS) OFFICE ACCEPTING BOND)
9 FAM 41.113 PN13 INA 222(G) EXEMPTION
9 FAM 41.113 PN13.1 INA 222(g) Annotations
(CT:VISA-1745; 10-19-2011)
You should annotate nonimmigrant visas (NIVs) issued to aliens exempted from INA 222(g):
“INA Section 222(g) overcome under extraordinary circumstances”.
9 FAM 41.113 PN13.2 Nationals of Certain Countries Restricted to Designated Ports of Entry (POEs)
(CT:VISA-1745; 10-19-2011)
If a visa recipient is restricted to a designated port or ports of entry and/or exit, you should indicate the port(s) in the 88-character field under the “Annotation section” on the MRV. If there is insufficient space to list the number of ports, you should annotate the visa to reflect the page that lists the ports of entry and/or exit. (For port(s) of entry and/or exit, see the listing for the country concerned on the Visa Reciprocity Schedule on CAWeb.)
9 FAM 41.113 PN14 B-1 VISAS FOR EMPLOYEES OF FOREIGN AIRLINES
(CT:VISA-1745; 10-19-2011)
When issuing a B-1 visa to an employee of a foreign airline who is precluded from E-1 classification pursuant to 9 FAM 41.31 N10.2, you must place the following notation in the annotation field of the MRV:
EMPLOYEE OF (Name of Airline)
UNCLASSIFIED (U)
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UNCLASSIFIED (U)
9 FAM 41.113 PN14.1 B-1 Visas For Domestic Employees
(CT:VISA-1745; 10-19-2011)
When issuing a B-1 visa to a domestic employee of a nonimmigrant alien or of a U.S. citizen pursuant to 9 FAM 41.31 N9.3, you must place the following notation in the annotation field of the MRV:
PERSONAL OR DOMESTIC EMPLOYEE OF NONIMMIGRANT APPLICANT (EMPLOYER’S NAME)
or
PERSONAL OR DOMESTIC EMPLOYEE OF U.S. CITIZEN (EMPLOYER’S NAME)
9 FAM 41.113 PN14.2 B-1 Visas for Visiting Ministers Engaged in Evangelical Tour
(CT:VISA-1745; 10-19-2011)
When issuing a B-1 visa to a minister proceeding to the United States to engage in an evangelical tour who does not plan to take an appointment with any one church, and who will be supported by offerings contributed at each evangelical meeting pursuant to 9 FAM 41.31 N9.1-1, you must place the following notation in the annotation field of the MRV:
MINISTER OF RELIGION ON EVANGELICAL TOUR
9 FAM 41.113 PN15 ANNOTATING VISAS FOR MEDICAL REASONS
9 FAM 41.113 PN15.1 For All Nonimmigrant Visas (NIV) Except V Visas
(CT:VISA-1745; 10-19-2011)
In the following cases, you should annotate the nonimmigrant visa (NIV) as indicated when the medical examination discloses a:
(1) Class A tubercular or other condition and a INA 212(d)(3)(A) waiver has been granted;
“MED: Class A: 212(d)(3)(A)”
OR
(2) Class B tubercular conditions or Class B leprosy, non-infectious, you should annotate the visa:
UNCLASSIFIED (U)
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UNCLASSIFIED (U)
“MED: Class B”
9 FAM 41.113 PN15.2 For Nonimmigrant V Visas - Tubercular Cases
(CT:VISA-1745; 10-19-2011)
In the following cases, you should annotate the nonimmigrant visa (NIV) as indicated when the medical examination discloses a:
(1) Class A tubercular or other condition and a INA 212(d)(3)(A) waiver has been granted
“MED: Class A: DD-MM-YY (date of visa issuance)
212(d)(3)(A): (a)(1)(A)(i)
___________________ (port of entry)”
(2) Class B tubercular conditions (but not for any other Class B conditions):
“MED: Class B (TB): DD-MM-YY (date of visa issuance)”
9 FAM 41.113 PN16 MACHINE READABLE VISA (MRV) SYSTEM FAILURE
9 FAM 41.113 PN16.1 System Failures and Contacting the CA Service Center
(CT:VISA-1745; 10-19-2011)
If the visa systems at post cannot operate because of either hardware or network issues, you will not be able to issue visas until you resolve the problems. In the event of a systems failure, you should contact the CA Service Center immediately at 202-663-1177. The CA Service Center provides 24-hour systems support for hardware and software, seven days a week during posts’ operating hours. CA/EX/CSD maintains spare parts and equipment that it can ship anywhere within 48 hours.
9 FAM 41.113 PN16.2 Emergency Travel During Machine Readable Visa (MRV) Breakdown
(CT:VISA-1745; 10-19-2011)
In the event the MRV system is not functioning during an emergency, you may request authorization from the Office of Visa Services (CA/VO) to employ the Visa Waiver Provisions described in 9 FAM 41.3 N3. You should contact the CA/VO Post
UNCLASSIFIED (U)
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Operations Division (CA/VO/F/P) or the CA/VO Duty Officer (outside Washington office hours) for immediate assistance.
9 FAM 41.113 PN17 REVIEW OF VISA ISSUANCES
(CT:VISA-1789; 12-16-2011)
a. Consular supervisors must review as many nonimmigrant visa (NIV) issuances as is practicable, but not fewer than 10% of NIVs issued. Systematic, regular review of approved NIV applications is a significant management and instructional tool to maintain the highest professional standards of adjudication. It also ensures uniform and correct application of applicable law and regulations. This review should be done with a view to enhancing U.S. border security. The designated supervisory officer must review the case and either confirm or disagree with the issuance. (See 9 FAM Appendix G, 101.3, Supervisory Duties, for information regarding supervisory review and VLA violations.)
b. At small posts, especially when adjudicating officers are relatively inexperienced, reviewing officers should review a larger percentage of cases. In addition, at some posts local conditions, including security or fraud concerns, could require that more than 10% must be reviewed. Regardless of the percentage, the reviewing officer must review all non-INA 221(g) overcome cases, all issuances subject to Visas Donkey security advisory opinion (SAO) requests, 20% of Third Country National (TCN) issuances, and a random sample of other issuances. If these cases total more than 10% of the day’s issuances, then this larger percentage must be reviewed. The Visa Office encourages posts to use their knowledge of local conditions to identify other subsets of issuances for review as appropriate. For example, some posts may wish to review all TCN issuances or all issuances subject to SAO requests.
c. Reviewing officers should pay particular attention to issuances of inexperienced officers. The less visa adjudication experience an officer has, the greater the percentage of issuances that you should review. You should review at least 50% of the cases issued by an officer with no previous NIV adjudication experience during his or her first month. As an officer gains experience and competence over time, the percentage of issuances reviewed should decline as determined appropriate by the reviewing officer and ultimately conform to the norm outlined above.
d. The reviewing officer should be the issuing consular officer’s direct supervisor, regardless of whether the reviewing officer has a consular commission and title. In all cases, the reviewing officer must be in the issuing officer’s supervisory chain of command. While the reviewing officer may wish to see the complete paper documentation associated with the cases reviewed, he or she must indicate his or her decision in the NIV Adjudication Review report in the
UNCLASSIFIED (U)
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Consular Consolidated Database (CCD). The issuances must be reviewed without delay; that is, on the day of the issuance or as soon as is administratively possible.
e. If the chain of command rule of the previous paragraph results in a reviewing officer who does not have a consular commission and title (some Deputy Chiefs of Mission, for example, may not be authorized to adjudicate visas), that officer must nevertheless review issuances. The review should focus on, but not necessarily be limited to, the visa recipient’s likelihood to maintain lawful status in the United States and not engage in activities beyond the scope of the visa category, including his or her potential threat to people and property in the United States. Reviewing officers should be alert to patterns of issuances that appear to fall outside the general norms for a post, such as issuances to TCNs or applicants who appear only marginally eligible, or unexplained overcomes of hard refusals. While reviewing officers without consular experience cannot be expected to know the breadth and depth of visa statutes and regulations, they can add value to the issuance process by applying their knowledge of national security threat assessments, local conditions, and global trends. At posts with a single consular officer, the reviewer, adjudicating officer and Regional Consular Officer (RCO) must make issuances a regular topic of discussion during the RCO’s visits.
f. If a reviewing officer as described in the above paragraph concurs with the issuance, he or she, like any other reviewing officer, must indicate his or her decision in the NIV Adjudication Review report in the CCD.
9 FAM 41.113 PN17.1 Non-Concurrence With Issuance by Reviewing Officer
(CT:VISA-1745; 10-19-2011)
a. If a reviewing officer with a consular commission and title does not concur with the issuance, he or she may assume responsibility and re-adjudicate the case. The reviewing officer must discuss the case fully with the original adjudicating officer before taking any action. The reviewing officer must not refuse an applicant under INA 214(b) without re-interviewing the applicant, as subtle information gained during the interview is an essential component of any INA 214(b) decision. If the disagreement involves a procedural error or a matter of law, the reviewing officer may assume personal responsibility for the case and reverse the decision, after discussing it with the original adjudicating officer. If the reviewing officer reverses the issuance and the visa has not yet been printed, the applicant must be notified promptly. If the visa has been issued and printed it must be revoked per 9 FAM 41.122.
b. A reviewing officer without a consular commission and title may not issue or refuse a visa. Therefore, if such a reviewing officer does not concur with the issuance, printing of the case must be suspended, and the reviewing officer
UNCLASSIFIED (U)
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must:
(1) Discuss the basis for the original issuance, especially elements of fact, with the adjudicating officer in a good faith attempt to arrive at a mutually acceptable final adjudication of the application.
(2) If such a discussion cannot resolve the issue, the RCO, if the post is covered by an RCO, should be consulted for his or her insight with a view to coming to a mutually agreed-upon adjudication. If the discussion cannot occur in a timely fashion, the case should be removed from the print queue and entered as an INA 221(g) refusal pending the outcome of this larger review and discussion.
(3) If the difference of opinion is based upon a legal or procedural issue that cannot be resolved by consulting Departmental guidance at post (the INA, FAM, CMH, cable guidance, etc.), post should seek Visa Office guidance (legal questions should be referred to CA/VO/L/A and procedural questions to CA/VO/F/P).
(4) If the difference of opinion arises from a potential national security concern, post must submit a SAO request to CA/VO/L/C relating the facts of the case and detailing the reviewing officer’s concerns.
(5) If, despite these efforts, no mutually agreed-upon adjudication can be achieved, the issuance stands. In any case, a note of the discrepancy must be made in the comment field of the Form DS-160, Nonimmigrant Visa Application and in the NIV Adjudication Review Report in the Consolidated Consular Database (CCD).
9 FAM 41.113 PN17.2 Reporting Issued Visas as Lost or Stolen
(CT:VISA-1745; 10-19-2011)
a. When a visa has either been lost or stolen, you should fully note the occurrence in the CCD under Cross Applications. When searching for an applicant, the report will display information from both NIV and IVO in the Visa Applicants section and will allow you to select the appropriate case associated with the missing foil. To report the foil as lost or stolen, click on the link labeled “Lost/Stolen.” The Lost or Stolen Visa Report will automatically take the information from the original CCD case, eliminating the need for further data entry. Once you have reported a visa lost or stolen, the case will be listed in the report under the “Foils Reported Lost or Stolen” section, and the “Lost/Stolen” link will no longer be displayed for that foil number in the Visa Applicants section. All NIV or IV/DV users at post can add new records. NIV managers and selected others will also have the ability to edit or delete a record. The issued visa number will still appear in the CCD with a banner reading “LOST/STOLEN.” If the applicant recovers the original visa after a new visa has been issued, you should cancel the original visa. The applicant may
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UNCLASSIFIED (U)
use only the new visa for travel. If the visa holder recovers the visa that had been reported as lost or stolen and no new visa has been issued, you should change the status in the CCD to “RECOVERED.” An unexpired visa that is listed in the CCD Lost and Stolen Visas service as “RECOVERED” may be used for travel.
b. You can also use the Lost and Stolen Visas service to report missing blank foils. To report blank or unissued visa foils that have been lost or stolen, select the “Blank Foils” link at the bottom of the Lost or Stolen Visas parameter form. You can use the service to enter a single foil number or a range of foil numbers. You must report immediately any missing blank foils to the RSO, CA/EX/PAS, and CA/FPP.

PLEASE BOOKMARK THIS PAGE TO ALLOW FOR EASY REFERENCE. I WILL POST A LINK TO ALLOW EVERYONE DOWNLOAD ACCESS TO THE IMMIGRATION AND NATIONALITY ACT. THAT WILL EDUCATE YOU ON ALL THE LEGAL PROCEDURE FOR ANY IMMIGRATION MATTER INCLUDING CITIZENSHIP, ETC. EXPECT IT BEFORE SUNDOWN TOMORROW. WISHING YOU ALL THE BEST IN YOUR DV VISA PURSUIT.GOODLUCK!!!!!

GENTIGER signing off. LOVE YOU ALL!!!!

Gud day house, pls I need ans 2 ds pls, expecially those dt as gone tru d interview. I was told dt I av to certify my waec certificate and I dnt no hw true is dt.if is true, am I to certify my BSC certificate too? Pls my people pls help me wit dis.

@Phumbay:
Gud day house, pls I need ans 2 ds pls, expecially those dt as gone tru d interview. I was told dt I av to certify my waec certificate and I dnt no hw true is dt.if is true, am I to certify my BSC certificate too? Pls my people pls help me wit dis.

If you have the original, you need not certify as true copy. If you've lost the original but still have a duplicate copy of it, then you'll need to certify it as a true copy to authenticate it's originality.

There is something in the first post "at the end of the registration period, a computer will randomly select numbers." so those waiting for dv lottery 2014 it is possible the first draw and second draw has been done last year. Or what do you think gentiger.

folaonhigh: There is something in the first post "at the end of the registration period, a computer will randomly select numbers." so those waiting for dv lottery 2014 it is possible the first draw and second draw has been done last year. Or what do you think gentiger.

Ow are u sure the draw as been don?