DOS on Affidavits Filed before 12/19/97
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS IMMEDIATE
SPECIAL EMBASSY PROGRAM
AMEMBASSY BUJUMBURA
AMEMBASSY PARAMARIBO
AMEMBASSY SARAJEVO
UNCLAS STATE 238374
VISAS INFORM CONSULS
E.O. 12958: N/A
TAGS: CVIS, CMGT
Subject: Affidavit of Support - Update No. 6: Corrections - Affidavit filed prior to 12/19/97
Ref: (A) State 235260 (B) State 228862 (C) State 211673
1. This is an important change in procedures regarding applicants who applied for a visa prior to December 19. Please pass this message to all IV line officers and FSNs.
2. Previous REFTELS, on guidance from INS, instructed that applicants in the specified immigrant visa categories whose visas were issued on or after December 19, 1997, would need to submit an I-864 and qualify under the new INA 212(a)(4) and 213A provisions. VO has once again discussed this issue with INS, resulting in the following change in procedures. Applicants who applied for immigrant visas prior to December 19 are not, repeat not, subject to the new public charge provisions and do not need to submit an I- 864.
3. INS has advised that applicants who made formal application prior to December 19 (the date the OF-230 was signed), but whose visas are issued on or after that date, will be admitted by the INS at ports of entry under previously existing public charge guidelines. Under any circumstances where an applicant is required to file a new OF-230 on or after December 19, 1997, the new public charge provisions will apply.
4. The Department regrets any confusion caused by this change in procedures.
5. Minimize considered.
Talbott