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NEW PROCEDURES FOR CONSULAR PROCESSING IN MANILA,
STARTING JANUARY 1, 2001
by Michael J. Gurfinkel, Esq.
The State Department announced
that, starting January 1, 2001, it will change the way it processes
immigrant visa applications in Manila (as well as nine
other Posts). These changes are designed to reduce the Embassy's
workload (by having the National Visa Center pre-screen the Affidavits
of Support and other documentation), and eliminate cases where
visa applicants may no longer be interested in pursuing their
immigrant visas.
These changes include:
- A $50 charge for the National Visa Center (NVC)
to review the Petitioner's Affidavit of Support (Form I-864);
- Advance payment to the National Visa Center
(not anymore to the Embassy) of $260 per person immigrant
visa applicant fee; and
- Sending to the Visa Applicant an "Agent
Choice Letter" (ACL) and a "Choice of Agent and
Address" (Form DS-3032) before a Packet 3 will be sent
out.
According to the State Department, the new procedures for visa
processing include the following:
- After January 1, 2001, when the priority date
on the petition becomes "current", the NVC will
no longer commence immigrant visa processing by sending a
Packet 3 to the visa applicant. Instead, as a new first step,
applicants will receive an "Agent Choice Letter"
(ACL) and a new "Choice of Agent and Address" (Form
DS-3032).
- The DS-3032 allows the visa applicant to select
an "agent" to receive mailings from the NVC, and
to assist the Applicant in completing paperwork or paying
the required fees. The "agent" could be the petitioner,
an attorney, a friend, or anyone else. Although the "agent"
will not have the authority to sign the required documents
on behalf of the visa applicant, this agent would be the person
to whom the NVC would mail the documents. If the visa applicant
decides to handle the case on his own, he would instruct the
NVC to send all mailings to his or her overseas address.
- If the applicant already has an attorney handling
the case, and a Form G-28 (Notice of Entry of Appearance as
Attorney) is already in the file, the attorney would be considered
the "agent" for the case, and the NVC would mail
the Packet 3 and the Affidavit of Support (Form I-864) to
the attorney.
- The NVC will also notify the petitioner
that "no further processing is possible until the DS-3032
is returned to the NVC." The petitioner will also receive
the Affidavit of Support, which must be completed and returned
to the NVC, along with a $50 cashier's check or money order,
to pay the new "I-864 review fee". This $50 fee
is to cover the NVC's review of petitioner's I-864 and supporting
documents. The charge would still be $50, even if the Affidavit
of Support is to cover several family members, since the NVC
is "reviewing" only one I-864.
- If a joint-sponsor submits a separate I-864,
an additional $50 I-864 review fee will be charged (i.e. if
the petitioner is not making enough money to meet the poverty
guidelines, and a joint sponsor is required, there would be
an additional $50 review fee for the joint sponsor's Affidavit
of Support).
- The NVC will not send out a Packet 3 unless
and until it receives back from the visa applicant the DS-3032.
If the DS-3032 is not returned to the NVC within one year,
the NVC will take steps to terminate the case. Therefore,
it is very important that the DS-3032 be returned to the NVC,
or you could risk having your case cancelled, and losing your
priority date.
- Once the visa applicant has returned the DS-3032
(containing the name and address of his "agent"),
the NVC will then mail the Packet 3 to the agent. The agent
would make sure all the documents are properly completed,
and would return the completed Packet 3 forms, as well as
the Application/Processing Fee of $260 per applicant
to the NVC. (In the past, this $260 per person Visa Application
Fee was paid at the Embassy at the time of interview. The
new procedure requires that this fee be paid in-advance
to the NVC, before the case will be sent to Manila).
- When the NVC receives the Affidavit of Support
(Form I-864) from the petitioner and the Packet 3 (including
OF-230 and OF-169) from the agent (along with the appropriate
fees), the NVC will conduct a review of the file, including
the I-864, to make sure that the forms are properly completed.
If the forms are incomplete or incorrect, or supporting documents
are missing, the NVC will return them to the "agent",
along with a checklist on what changes are needed. (If the
agent does not properly make the corrections or changes, the
NVC will return the papers to the agent a second time.) When
the documents are once again returned to the NVC, the file
is then forwarded to the Embassy for scheduling of a visa
interview.
- If the "agent" does not return the
Packet 3 documents to the NVC within one year, the NVC will
begin to take steps to have the case terminated. Thus, it
is critical that both the DS-3032, as well as the Packet
3 be returned to the NVC.
Because of the new procedures outlined by the State
Department and the fact that completing the Affidavit of Support
has become virtually a "nightmare" for everybody involved
in the process (with a rejection rate approaching 80% on the NVC's
initial review), a person should seriously consider retaining
the services of a reputable attorney at the outset, to assist
in the preparation of documents, and to make sure the forms are
properly completed, and returned to the NVC, and otherwise assist
the applicant with immigrant visa processing.
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