DOS Cable on Transfer of I-730 Processing to NVC
FM: Secretary of State, Washington DC
TO: All Diplomatic and Consular Post Priority Special Embassy Program
Luanda Pouch Zen/Asmara Pouch
Khartoum Pouch
Bujumbura Pouch
Kigali Pouch
Unclas State 06047
Visas Beijung Pass Chengdu
E.O. 12356: N/A
TAGS: CVIS, PREF
Subject: Transfer of I-730 Processing to NVC
Ref: a) 94 State 03932 b) 9 FAM Appendix D Part IV c) 93 State 272632
1. Summary: As of March 1, NVC has taken over from CA/VO/F/P the forwarding of approved I-730 refugee/asylee petitions to foreign service posts. The basic procedure for processing Visas 92 and 93 case has not changed, however. Posts should follow the steps outlined in Ref A (and repeated below) in processing I-730 petitions. Please place this cable in 9 FAM, Appendix D, Part IV for reference. The FAM section is being revised to reflect these procedures.
2. The National Visa Center is now receiving approved I-730 petitions directly from the INS Southern Service Center in Irving, Texas. Where all refugee/asylee petitions are adjudicated. After logging information gathered from petitions in a central date base, NVC will forward them to posts via DHL, Express Mail Service (EMS) or Diplomatic Pouch.
3. Under the new set-up NVC will be available to answer general inquires from the public on the status of individual I-730 cases and may occasionally cable posts for information or respond to a query. NVC will also send Visas 92 and 93 cables to posts in emergent situations. Posts may accept such a cable in lieu of the actual petition.
4. The Visa Office will maintain overall management of the Visas 92/93 process. Posts should therefore direct questions about the proper procedure to be followed in "problematic" cases to CA/VO/F/P with an info copy for NVC. Petitions returned to INS for review should be sent via NVC, slugged for "problem resolution unit" with a cover memo for INS. There is no need to info VO/F/P on these cases.
5. Addressees are reminded that, as per 9 FAM Appendix D, Part IV, Section 6.2, all posts are authorized to process I-730 petitions. Posts should keep in mind the intense interest Visas 92 and 93 cases can generate from the general public and congressional offices and assure that procedures are in place to process these cases quickly and efficiently.
6. Parole: In processing Visa 92/93 cases, situations, sometimes arise which posts may feel merit parole consideration by INS, for example when the unmarried child of a refugee or asylee has a child of his/her own who does not otherwise qualify for admission to the U.S. The Visa Office reminds posts that consular officers are specifically enjoined in 9 FAM 41.2 N6 from suggesting parole to an alien or interested party. However, 9 FAM 42.1 N5.1 allows Consular Officers to recommend humanitarian parole in highly exceptional circumstances or because of grave humanitarian concerns. If posts wish to request INS grant humanitarian parole in such a case, they should follow the steps outlined in Ref C. Please note that any requests for humanitarian parole should be sent for action to the INS overseas District Office having jurisdiction (Rome, Bangkok, Mexico City).
7. Processing: The following are brief instructions summarizing how to process refugee/asylee relative petitions. Be aware that the processing requirements for Visas 92 and 93 cases are different. Once an approved I-730 is received in either a Visas 92 or 93 case, post should contact the beneficiary at the address listed in the petition to coordinate medical exams, confirm family relationships and verify that no 212(a) ineligibility exist. If the beneficiary cannot be reached at the address given, post should send a letter to the petitioner's address contained in the I-730.
8. Visas 93: If the alien is a refugee following-to-join (Visas 93), post must contact its overseas INS District Director for an A-Number. Once an A-Number is received, post will need to complete the biodata form and forward it to the Refugee Data Center (RDC) (see para 15) for sponsorship assurances by one of the 10 voluntary agencies (VOLAGS) contracted to assist refugees when they first arrive. (Refer to 9 FAM App D Part IV for Bio format.) While awaiting the assurance, post should coordinate the refugee's medical and transportation requirements with the International Organization for Migration (IOM). The IOM (ICM in the FAM) will assume the alien's medical exam costs and make his/her travel reservations. Post should work with the IOM office in their district. If there is no IOM office in your district, contact IOM Headquarters in Geneva by cable. (Note, use the "IOM" tag and slug it "Mission Geneva Please Pass to IOM").
9. Visas 93 continued: When an alien is ready to travel, (i.e. VOLAG assurance has been received, applicant is medically cleared, and any ineligibilities have been resolved in accordance with INA regulations), posts should contact the INS District Office for an admission number. (Please note INS reserves the rights to send an INS circuit rider or to authorize a consular officer to conduct an interview with the Visas 93 applicant before issuing the admission number.) Once an admission number is received, post should prepare the travel packet. Post should then request IOM to make travel arrangements, and inform the INS District Office and RDC of the itinerary.
10. Visas 93 Continued: If a visas 93 beneficiary elects to pay for his/her own ticket (i.e. a "self-payer") rather than having IOM purchase it, then RDC needs to be given advance alert about the refugee's departure plans. Accordingly, post should transmit to the RDC the refugee' s name, case number, case size, airline name(s), flight number(s), departure and arrival times, and U.S. POE destination. RDC will share the itinerary with the sponsoring VOLAG so that arrangements are in place for the refugee's arrival.
11. Visas 92 Procedures: If the alien is an asylee following- to-join (Visas 92), s/he has already been assigned an A-Number. Therefore posts should not/not contact their overseas INS District Office for an alien number. In addition, since a Visas 92 beneficiary pays for and arranges his/her own medical exams and transportation, post should not/not contact their overseas INS District Office for an alien number. In addition, since a Visas 92 beneficiary pays for and arranges his/her own medical exam and transportation, post should not/not contact RDC about sponsorship and should process application without VOLAG sponsorship assurance. Likewise, posts should not approach IOM in Visas 92 cases.
12. Travel packet: Post should refer to 9 FAM App D, Part IV, Section 15 for specific guidelines on compiling the travel packet for refugee/asylee relatives. We would like to emphasize that there are certain key documents which must be prepared correctly. Make sure that transportation letter clearly indicates the alien number of the Visas 92/93 beneficiary. Attach the original medical examination to the letter. Place three copies of the medical examination in an envelope addressed to USPHS (United States Public Health Service) at the POE. Complete the I-94. (In some cases the alien will not know his/her birthdate. If the birthdate is unknown, cite December 31 of the birth year (or year closest). Do not leave this section blank.) Make sure the alien number is noted in both upper an lower portions of the I-94.
14. Important points to remember when processing Visas 93 Cases: The biodata post produces must/must cite each member's alien number; hence, do not transmit a Bio to the RDC until alien numbers are secured from INS. Bio must/must cite the relationship of the beneficiary to the U.S. petitioner. When referring to 9 FAM, App D, Part IV, Exhibit IV in the refugee processing section, please cite the principal beneficiary (spouse/oldest child) in paragraph 3, section A, as the principal applicant for Visas 93 applicants. Post should allow a twelve week turnaround from the time it transmits the Bio to the time it received an assurance. (After RDC allocates a Bio to a VOLAG, that VOLAG has 8 weeks to contact the Anchor relative and make appropriate resettlement arrangements before supplying an assurance to the RDC.) If emergent reason exists for quicker turnaround (e.g. child is "aging out"), then post must specify the deadline for the assurance and the reasons why in the Biodata.
15. Visas 93 Continued: Bios for Visas 93 cases are to be assigned sequentially by post starting with 940,000. Biodata may be sent to RDC by fax, telex, or unclassified cable. In order to insure they are not missent, posts should make sure Biodata cables destined for RDC are addressed to "RDCICMC 200 Park Avenue South" or "RDC/ICMC 200 Park Avenue South, Room 801 New York, NY 10003", RDC's direct relay address. RDC's fax number is 212-978- 8149 and telex number RDCICMC 175322. No Refugee case can depart for the U.S. until post receives VOLAG assurance from the RDC. If post has a preferred method for receiving assurances (fax, telex, or cable), then please inform RDC. Given a twelve week turnaround for an assurance, posts is advised not to request admission numbers and travel arrangements until sponsorship is received.
16. Special Note on Medicals: The Center for Disease Control and Prevention (CDC) requests that posts make a copy of all medical documents (except x-rays) and include them in the travel packets of Visas 92/93 beneficiaries, in order to facilitate processing at the POE.
17. If you have further questions about visas 92/93 procedures contact CA/VO/F/P. For questions concerning Visas 93 cases, please also always include PRM/A and RDC info addresses.
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