DOS Cable on NVC to Begin I-864 Assistance to Posts
R 040304Z DEC 98
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
AMEMBASSY TIRANA
AMEMBASSY ASMARA
AMEMBASSY DAR ES SALAAM
AMEMBASSY MONROVIA
AMEMBASSY FREETOWN
AMEMBASSY KINSHASA
AMEMBASSY BUJUMBURA
Unclas State 223882
Visas
E.O. 12958: N/A
TAGS: CVIS
Subject: NVC to Begin I-864 Assistance to Posts
Ref: State 199855
1. Summary. Beginning December 14, NVC will mail I-864 forms directly to petitioners in all IV cases. For most posts, NVC will instruct the petitioner to send the completed form to the applicant. Beginning January 4, 1999, for our three largest IV processing posts (Juarez, Manila, and Santo Domingo), the petitioner will be instructed to return the completed form to NVC, which will review the form for technical completeness in an effort to minimize 221(g) refusals and reduce initial review work at the three pilot posts. If this pilot is successful and resources permit, we hope to extend it to other IV processing posts. End summary.
2. Reftel reported that representatives from CA, NVC, and our three largest IV processing posts met recently to discuss ways to shift some of the I-864-related workload to NVC. As detailed below, CA has now approved the two principal proposals coming out of that conference.
NVC to Send I-864 Directly to Petitioner
3. Under the current system, NVC sends blank I-864's to the applicant as part of packet three. The applicant then must send the I-864 to the petitioner in the U.S. This inevitably slows down the process and increases the risk that the form will not be fully completed by the time of the interview.
4. To eliminate these unnecessary processing delays and improve efficiency and customer service, CA has authorized NVC to send the I-864 directly to the petitioner, beginning December 14. NVC will send the I-864 to the petitioner at the time it sends packet three to the applicant, and the applicant will be advised in packet three that this has been done.
5. Except for cases destined for the three pilot posts and a few other special posts noted below, NVC will instruct the petitioner to send the completed form to the applicant. The applicant will then present it to post at the time of interview (or at an earlier date, for those posts that may have instituted a local prescreening of the I-864). All other aspects of processing will remain unchanged.
6. NVC will send the I-864 to all petitioners in all cases, regardless of visa category. Although most petitioners in employment-based cases are not required to file an I-864, some are and it is not possible to tell from the petition alone which employment-based cases might require an I-864. To ensure that the I-864 is received by all petitioners who must complete it, and for ease of administration, it was therefore decided to send the I-864 to all petitioners, even in employment-based cases. To help prevent petitioners from needlessly completing the form in cases where it is not required, the mailing will include an explanation of who is required to complete the I-864 and who is exempt.
NVC to Prescreen I-864 for Three Largest IV Posts
7. The three largest IV processing posts, Ciudad Juarez, Manila, and Santo Domingo, have been selected to participate in a pilot project in which NVC would do a technical prescreening of completed I-864's. This pilot is to begin on January 4, 1999. The purpose is to shift much of the labor-intensive clerical document review and technical prescreening from posts to NVC and reduce the number of time-consuming 221(g) refusals.
8. For cases processed at the three pilot posts, NVC will instruct the petitioner to return the completed I-864 form to NVC, and the applicant will be advised that this is being done. NVC will then undertake a technical review of the I-864 to ensure that it has been completed, signed, and notarized and that the requisite tax returns are present and the packet properly organized. NVC will focus only on the technical sufficiency of the I-864. It will not determine whether the I-864 meets the minimum income requirement or is otherwise legally sufficient. That job must still be done by the interviewing consular officer. However, to assist post in adjudicating the case, NVC will provide a summary sheet to post noting household size and income and pointing out possible deficiencies.
9. For the three pilot posts, the applicant will separately be instructed to return the OF-169 (Biographic Data Sheet) and part I of the OF-230 (IV Application Form) to NVC. Once NVC has received a completed OF-169, OF-230 Part I, and I-864 (or, in the case of the I-864, two attempts to correct any deficiencies have passed), NVC will forward all three forms to the post. NVC will advise the applicant when the file has been sent to post and will note any remaining deficiencies, including recommendation for a joint sponsor in cases where it appears the sponsor will not be able to meet the income requirements on his/her own. This will give the applicant one more chance to correct any remaining deficiencies before the interview date. As is currently the practice, the applicant will be instructed to present all other required documents (birth certificate, police certificate, etc.) At the time of interview.
Other Special Post Processing
10. There are a few other posts whose processing through NVC follows a different pattern:
A. Montreal: This will continue to follow the Canada Packet Four Pilot Program. Under this program, the applicant is instructed to send the completed OF-169, OF-230 Part I, and a copy of all required documents to NVC for a simple check that all documents are present. No special I-864 review is performed. NVC corresponds with the applicant to obtain missing documents. Once the completed OF-169 and OF-230 and copies of supporting documents have been received or sixty days have passed, the file is sent to post and any missing documents are noted. At the time the file is sent to post, the applicant is notified of any missing documents so that the applicant has an additional opportunity to obtain the documents(s) before the interview. The procedure for Montreal will not change, except that NVC will be sending the blank I-864 directly to the petitioner, rather than through the applicant.
B. Homeless cases from Sierra Leone and Albania: Applicants from Sierra Leone and Albania must apply outside their home country, and 221(g) refusals are particularly burdensome to these applicants, and to the post that volunteers to process the case. In an effort to minimize the likelihood of 221(g) refusals, these cases are being processed through a combination of the Canada packet four process and the pilot I-854 review process. NVC sends the I-864 to the petitioner and instructs the petitioner to return the completed form to NVC for a technical review. The applicant is separately instructed to send copies of all other required documents to NVC for a simple document check. Once NVC has received a technically sufficient I-864 and copies of other required documents, the file will be sent to the post that has agreed to process the homeless case. (We are currently considering a similar processing scheme for Nairobi and Dar Es Salaam.)
DV Processing Unchanged
11. All of the above processing systems relate to regular IV processing only. DV cases do not require an I-864, and DV processing is unaffected by these new initiatives.
Present Statement
12. Posts may draw on the text of the press release below to publicize the changes locally, if they believe it will be useful. Posts which have newsletters or other public information outreach vehicles, such as internet web sites, should use them to share the information. Also, posts can draw from the substance of the cable to brief congressional offices which contact their posts frequently, or voluntary agencies which assist their applicants.
The Department has briefed AILA on the changes and has posted the press release below on the CA web site: http://travel.state.gov
13. Text of Press Release:
Effective December 14, the Department of State is implementing a new procedure to assist prospective immigrants to comply with the requirement to demonstrate that they are not likely to become a pubic charge to the U.S. government. This is another example of the Department's effort to streamline immigrant visa processing, and to use its resources as efficiently as possible.
The State Department's National Visa Center (NVC), located in Portsmouth, N.H., will mail the affidavit of support Form I-864 directly to the U.S. petitioner who is sponsoring the prospective immigrant's visa application. Under the old system, NVC sent the form to the applicant, who then had to forward it to the petitioner in the United States. In most cases, NVC will instruct the petitioner to send the completed affidavit of support form to the applicant for presentation to the embassy or consulate at the time of the visa interview.
However, beginning January 4, 1999, for the State Department's three largest immigrant visa processing posts (Ciudad Juarez, Manila and Santo Domingo), NVC will instruct the petitioner to return the completed form to NVC for a technical review. NVC will verify that the form has been completed, signed and notarized and that the requisite tax returns are present. If it is determined that one or more of these steps has not been done, NVC will correspond with the petitioner to assist him or her in properly completing the form. NVC then forwards the file to the embassy or consulate where the interview takes place. The final decision as to the sufficiency of the affidavit is made by the interviewing consular officer.
By having NVC send the affidavit of support form directly to the petitioner, and by pre-screening the completed form for our three largest posts, we hope to reduce processing time and improve the likelihood that the form will be fully completed by the time of the visa interview. Using these steps, we can minimize the number of refusals due to incomplete documentation, and save the applicant from having to make unnecessary visits to our embassies and consulates.
14. Minimize considered.
Strobe Talbott