Chief of Mission Responsible for Visa Referral System
March 15, 2001
To: ALL DIPLOMATIC AND CONSULAR POSTS - ROUTINE
Origin: CA
From: SECSTATE WASHDC (STATE 45947 - ROUTINE)
TAGS: CVIS, CMGT
Captions: None
Subject: CHIEF OF MISSION RESPONSIBILITY FOR VISA REFERRAL SYSTEM
Ref: 9 FAM PART IV APP K, 300-400
1. Whenever I have the opportunity to speak with Chiefs of Mission, as well as at FSI Ambassadorial Seminars, I stress the importance of maintaining the integrity of your post's visa referral system. Used properly, a visa referral system is a useful method of serving U.S. national interests in the foreign and domestic policy context. The referral system can conserve scarce consular resources and time by providing additional information regarding an applicant's eligibility under the law. However, without adequate supervision and support from senior management, visa referral systems are vulnerable to abuse, fraud, and malfeasance.
2. One of the most important ways you, as Chief of Mission, can support your consular section's responsibility for maintaining U.S. border security is to ensure that the referral system at your post is operating efficiently and appropriately. Without Front Office backing, any referral system becomes meaningless, and the circumvention of such a system can lead to a tremendous loss of time and energy throughout the mission. Your example will show the rest of the mission the high importance you place on proper, fair, and consistent visa adjudication.
3. The FAM reference on visa referral systems provides specific referral criteria, template letters, and other guidance designed to ensure that all post referral systems follow a consistently-applied and well-monitored standard. I urge you to consult with your consular managers to review your systems against this standard so that they are both useful for your mission and consistent with both Department policy and U.S. law.
4. It is important to be aware of the basic technical requirements for the referral system. Most importantly, all referrals must be made by an embassy officer. "Class A" referrals (referrals which would not generally require the applicant to appear for an interview) may only be made for individuals known to the embassy officer and whose travel is in the U.S. national interest (please see referenced FAM cite for further details).
5. The FAM guidance also recognizes that it is often necessary to make, or impossible to refuse to make, a visa referral on behalf of a person who does not meet the national interest test and who may be completely unknown to the referring officer. In order to address such cases, posts may develop a "Class B" referral system that addresses referral cases that do not meet Class A referral criteria. Interviews, if ordinarily required, are not waived in Class B referral cases, but the applicant presents to the interviewing officer a letter from the referring embassy officer. Examples of Class B referrals might include individuals who are known to the referring officer, but whose travel is not linked to U.S. national interest, or applicants not known to the referring officer who are important contacts of FSN or other staff. In all cases where the applicant is unknown to the referring officer and/or has been referred by an FSN or other employee, the referring officer must make note of this fact in the referral letter.
6. Please keep in mind that the Class B referral system should be used as a tool to assist post. If the system is too broad, officers may find themselves spending an inordinate amount of time providing Class B referral letters, and FSNs and other staff may find themselves inundated with requests from friends, family, etc. Thus, it may be useful for your post to tailor a Class B referral policy to meet your post's specific needs, perhaps limiting the type of applicant for whom a Class B referral can be made.
7. I would also like to remind you that no visa referral, whether Class A or Class B, guarantees issuance of a visa. All visa applicants must qualify under the provisions of the Immigration and Nationality Act, a determination that can only be made by a consular officer.
8. Let me assure you that a clearly defined and strictly enforced referral system will make your mission operate more smoothly and will make your life easier. If you set the standard for compliance, your country team will follow.
9. Minimize considered.
POWELL
NOTE: POUCH ADDRESSEES PROTECTED BY IRM/MSO