AILA’S 2000 ANNUAL CONFERENCE ON IMMIGRATION LAW
Handout for Panel on:
Tips for Resolving Problem Cases at Consulates
by Liam Schwartz, Esq.
Department of State Representatives:
Guyle Cavin, Chief, Post Liaison Division, Visa Office
Kevin Aiston, Deputy Chief, Advisory Opinions Division, Visa Office
AILA Representatives:
Liam Schwartz, Ramat Gan, Israel (Moderator)
Frances Hayden, Los Angeles, CA
Daniel Retter, New York, NY
Throughout the past year, the AILA-Visa Office Liaison Committee has sought to improve and facilitate attorney communications with consular posts and the Visa Office (VO) itself. In this vein, the following “questions and answers” are gleaned from the Minutes of AILA-VO Liaison Committee Meetings previously posted on InfoNet. This summary concludes with VO contact information, as well as a list of consular post e-mail addresses and web sites.
THE VO ON ATTORNEY COMMUNICATIONS WITH POSTS
How would VO prefer that AILA instruct attorneys and corporate counsel
to make inquiries on post cases?
VO: First, obtain any written information that was provided to your client.
Then contact the Chief of the Visa Section [or Consular Section] directly on
the matter via e-mail, fax, or telephone at the times provided for visa
inquiries.
AILA should communicate with posts without addressing any individual officer by name. That way, if the officer has transferred to another post, or to other duties within the Embassy, the inquiry will not be delayed finding its way to the named officer. Rather, communications should be addressed as follows: Section [Unit] Chief Consular Section [Nonimmigrant or Immigrant Visa Unit] U.S. Embassy [Consulate].
What is the preferred format for inquiries to Posts?
VO: It is requested that a precise chronology be attached to inquiries, along with a brief summary of the case and a statement of why counsel believes the prior decision should be reversed.
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What guidance does VO give to posts with regard to responding to attorney communications?
VO: We encourage posts to reply promptly to all public inquiries, regardless of format. A post's failure to respond in a timely fashion to an AILA member is usually based on a management decision to establish a higher priority for dedicating resources to processing cases at the expense of responding to correspondence. Because conditions vary from post to post, it is not feasible to establish a specific time frame for responding to all inquiries.
What guidance does VO have for AILA regarding communications with posts?
VO: AILA should be aware that resource constraints and heavy workload in several
busy visa-issuing posts have resulted in serious backlogs in correspondence. Please refrain from asking posts for general information on policies or procedures or from making status inquiries. Rather, this information is usually widely available through the Internet or by contacting the Public Inquiries Division in VO. Reference the post’s individual web page or the VO’s Internet site for updates: http://travel.state.gov/visa_services.html
ATTORNEY COMMUNICATIONS WITH THE VO
When would it be appropriate for attorneys to contact the VO?
VO: Examples of when to contact the VO (Public Inquires Division):
- If you have not received a response within three weeks from a post.
- If the response raises concerns that the post is not applying the law or procedures in accordance with regulation. Example: 214(b) is, of course, not a legal basis to deny an L-1 visa application, and if a post erroneously persists in a 214(b) denial, the attorney may bring this to the attention of the Visa Office, and we will correct the error.
- Where the attorney has evidence that the petition is being returned to the INS on improper grounds.
When would it be appropriate to follow-up on requests for advisory opinions?
VO: In general, our goal is to answer advisory opinions within one month of receipt. However, in some cases, our response may be delayed pending a report from the post, or due to a need to obtain additional information, research a novel issue, or consult with INS or other relevant agencies.
Attorneys should not hesitate to contact VO in cases that appear to have been pending for an inordinate length of time. We can then verify that the request was received and pursue the matter, or provide a status report if processing has already begun. Attorneys may check on the status of pending advisory opinion requests by follow-up letter or fax, via legalnet e-mail, or in rare circumstances by phoning the advisory opinions division directly and identifying the post where the case is pending, the applicant’s name and date and place of birth, and the date of the initial request.
CONTACT INFORMATION FOR THE VO’S PUBLIC INQUIRIES DIVISION
Telephone: (202) 663-1225
Fax: (202) 663-3899
E-mail: legalnet@state.gov
Mail: U.S. Department of State, Visa Services, Public Inquiries Division, Washington, DC 20522-0106