DOS Cable Announces New Form to Accompany Returned and Transferred Cases

R 060010Z JUL 02
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
DUSHANBE POUCH
KABUL POUCH
KHARTOUM POUCH
UNCLAS STATE 130268

E.O. 12958: N/A

TAGS: CVIS

SUBJECT: A New Form - DS-3096, Consular Return/Case Transfer Cover Sheet

1. The Department announces the introduction of a new form, Consular Return/Case Transfer Cover Sheet (DS-3096). The DS-3096 was created at the request of INS and is intended to facilitate INS processing of returned or transferred petitions. Effective immediately, posts must use this form when returning or transferring IV or NIV petitions to INS.

2. For cases in which a consular officer is returning a petition to INS for reconsideration, a memorandum still must be prepared explaining the reasons why the beneficiary appears not to be entitled to status.

The following IV FAM notes have been revised to reflect this change in policy (corresponding revisions have also been made to the various NIV notes covering petition-based cases):

9 FAM 42.43 INTERPRETIVE NOTES

N3 Returning Petition

When action is suspended the consular officer shall:

(1) Prepare a memorandum which constitutes a comprehensive report to INS explaining in detail the reasons why the beneficiary appears not to be entitled to status [see '42.43 PN1]; and

(2) Send the petition under cover of the Form DS-3096, Consular Return/Case Transfer Cover Sheet, directly to the appropriate INS office. (NVC and VO do not need to be informed.) Petitions approved at post should be sent to the overseas INS office with regional jurisdiction;

(3) If fraud is suspected, send a copy of the memorandum to the Department (CA/FPP); and

(4) Retain a copy of the petition, the supporting documents and the memorandum.

9 FAM 42.43 PROCEDURAL NOTES

PN1 Returning Petitions for Possible Revocation

If INS requests the return of a visa petition, or if the consular officer knows, or has reason to believe, that the alien beneficiary of an approved petition is not entitled to the accorded status, the consular officer shall return the petition directly to INS. The original petition, along with all supporting documents, shall be returned under cover of the Form DS-3096 and a memorandum supporting the recommendation for revocation. The DS-3096 was created at the request of the INS; post may not modify the form. The report must be comprehensive, clearly showing factual and concrete reasons for revocation. The report must be well reasoned and analytical rather than conclusory. Observations made by the consular officer cannot be conclusive, speculative, equivocal or irrelevant.

3. The DS-3096 is now available on the A/RPS/DIR Intranet site (HTTP://10.4.64.84/). This site is the official repository for all Department forms. The General Services Administration will not stock the DS-3096; posts are responsible for printing this form locally.

4. Minimize considered.

POWELL