Recently, the US Embassy in Manila issued an advisory regarding a new policy taking effect on the 19th of May that has the potential to cause far-reaching consequences, including visa processing delays and a visa retrogression debacle for aspiring Filipino immigrants.
The gist of the new rule is that any single missing document required for an immigrant visa interview will cause the automatic cancellation of the interview.
Under the old policy, if a visa applicant appeared for an interview with missing or incomplete documentation, the interview will proceed as scheduled with the consular officer issuing a “221g” letter at the conclusion of the interview, which is basically a request to submit the missing document via the consulate’s designated courier.
Approval usually follows, and delay, if ever, is negligible.
Starting 19th May, however, if a preliminary screening of a visa applicant’s documentation package on the day of the interview has a missing or defective piece of evidence, the scheduled interview will be called off outright.
Unfortunately, and this is where it can get real nasty, the interview rescheduling must be done by the applicants themselves which, due to online scheduling backlogs and the volume of visa aspirants, can result in months’ long or even years’ long waits for an interview slot to reopen.
Based on clients’ real-world experiences, interview slots can take an average of 90 days to become available, with extreme cases stretching up to six months, depending on the type of visa being sought.
And this assumes constant vigilance on the part of the applicant by conducting an hourly or daily lookout for an online slot to reopen.
In the worst-case scenario, visa retrogression may occur during the intervening period which can cause a visa applicant’s priority date to lose its “current” status.
In situations of this nature, the waiting game may even surpass the one-year threshold, potentially implicating certain provisions of the Child Status Protection Act (CSPA) which can result in “age-out” debacles.
Just what exactly are these required documents, the neglectful handling of which can wreak havoc on an applicant’s immigrant visa case?
Number one on the list, of course, is the passport which must be valid beyond 60 days from the intended travel date.
Number two is the original copy of the birth certificate and marriage certificate (if married) or certificate of no marriage (if unmarried), along with proof of termination of prior marriage, if applicable.
Next is a valid NBI clearance for applicants aged 16 and above, as well as a police clearance from any country where the applicant had lived or worked for at least one year, in original copies.
Also required is an updated Affidavit of Support (Form I-864) from the sponsor, if applicable, with supporting financial documents.
For family-based petitions in which a child or a sibling is the petitioner, the latter’s original birth certificate must be submitted.
Those with nicknames, aliases or misspelled names should bring a valid NBI clearance for those monikers.
For employment-based applicants, a notarized job offer letter, a Visa Screen certificate (if applicable) and a signed employment contract are required.
The online DS-260 confirmation page is also a must, along with the interview appointment letter.
Lastly, the applicant must have passed the medical exam before reporting for the interview.