DOS Cable On Expiring IVs and K Visas

P 202316Z SEP 01
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS PRIORITY
SPECIAL EMBASSY PROGRAM

UNCLAS STATE 163305

VISAS -- INFORM CONSULS

E.O. 12958: N/A
TAGS: CVIS, CMGT
SUBJECT: EXTENSION OF IMMIGRANT AND K VISAS

REFTELS: A) 9 FAM 42.74 (SMALL B), B) 9 FAM 41.81,
C) 9 FAM 42.71(B), D) STATE 1616332

1. A SMALL NUMBER OF VISA-ISSUING POSTS HAVE BEEN
CONTACTED BY IMMIGRANT AND K-VISA RECIPIENTS WHOSE VISAS
ARE ABOUT TO EXPIRE AND WHO ARE UNABLE TO TRAVEL TO THE
UNITED STATES BEFORE THE EXPIRATION OF THEIR VISAS DUE TO
THE CURRENT TRAVEL SITUATION. WHILE THE DEPARTMENT DOES
NOT ANTICIPATE LARGE NUMBERS OF SUCH APPLICANTS GIVEN THE
SIX-MONTH VALIDITY PERIODS OF THESE VISAS, SOME APPLICANTS
CAN REASONABLY BE EXPECTED TO HAVE DEFERRED THEIR TRAVEL
UNTIL LATE IN THE VALIDITY PERIOD TO ALLOW MAXIMUM TIME TO
CLOSE OUT AFFAIRS IN THEIR HOME COUNTRIES. IF APPROACHED
BY IV OR K VISA RECIPIENTS CLAIMING THIS HARDSHIP,
CONSULAR OFFICERS SHOULD DETERMINE WHETHER PARTICULAR
INDIVIDUALS' CASES RESULT FROM THE CURRENT TRAVEL
SITUATION, AND IN SUCH CASES ISSUE REPLACEMENT VISAS
WITHOUT/WITHOUT COLLECTING NEW APPLICATION, ISSUANCE OR
MRV FEES. NOTE: GIVEN THE END OF THE FISCAL YEAR, ALL
REPLACEMENT IMMIGRANT VISAS ISSUED ACCORDING TO THE
INSTRUCTIONS IN PARAGRAPH TWO MUST BE ISSUED BEFORE
SEPTEMBER 30, 2001. POSTS ALSO ARE REMINDED OF THE
GUIDANCE PROVIDED IN REF D PARA 2; SECURITY ADVISORY
OPINIONS MAY BE SENT TO VO/L/C WHENEVER A POST FEELS ONE
IS WARRANTED.

2. IN IMMIGRANT VISA CASES, 9 FAM 42.74 (SMALL B)
AUTHORIZES CONSULAR OFFICERS TO ISSUE REPLACEMENT VISAS
"UNDER THE ORIGINAL NUMBERS TO QUALIFIED ALIENS ENTITLED
TO STATUS (AS AN IMMEDIATE RELATIVE, FAMILY AND EMPLOYMENT
PREFERENCE CASE, OR DV BENEFICIARY) IF: (I) THE ALIEN IS
UNABLE TO USE THE VISA DURING THE PERIOD OF ITS VALIDITY
DUE TO REASONS BEYOND THE ALIEN'S CONTROL; (II) THE VISA
IS ISSUED DURING THE SAME FISCAL YEAR IN WHICH THE
ORIGINAL VISA WAS ISSUED; (III) THE NUMBER HAS NOT BEEN
RETURNED TO THE DEPARTMENT AS A "RECAPTURED VISA NUMBER";
(IV) THE ALIEN PAYS ANEW THE STATUTORY APPLICATION AND
ISSUANCE FEES (SEE PARA 3 IF IN THE JUDGMENT OF CONSULAR
OFFICERS, IV RECIPIENT(S) ARE UNABLE TO TRAVEL DUE TO THE
TRAVEL SITUATION CREATED BY THE EVENTS OF SEPTEMBER 11,
2001,); AND (V) THE CONSULAR OFFICER ASCERTAINS WHETHER
THE ORIGINAL ISSUING OFFICE OR KNOWS OF ANY REASON WHY A
NEW VISA SHOULD NOT BE ISSUED. IN ISSUING A VISA UNDER
THIS PARAGRAPH (B), THE CONSULAR OFFICER SHALL INSERT THE
WORD 'REPLACE' ON FORM OF-155A, IMMIGRANT VISA AND ALIEN
REGISTRATION, BEFORE THE WORD 'IMMIGRANT' IN THE TITLE OF
THE VISA. IN ADDITION TO THESE FAM PROVISIONS, ALL
SUPPORTING DOCUMENTATION INCLUDING MEDICAL AND POLICE
CLEARANCES MUST BE CURRENT AT THE TIME THE RECIPIENT
EVENTUALLY TRAVELS.

3. REGARDING IMMIGRANT VISA PROCESSING FEES, THE
DEPARTMENT HAS DETERMINED THAT AS THESE CASES ARE NOT
BEING RE-PROCESSED, NO REDUNDANT PROCESSING FEE NEED BE
CHARGED. REGARDING IV ISSUANCE FEES, 9 FAM 42.71(B)
ALLOWS THE REFUND OF AN IV ISSUANCE FEE IF THE INITIAL
VISA "COULD NOT BE USED AS A RESULT OF U.S. GOVERNMENT
ACTIONS OVER WHICH THE ALIEN HAD NO CONTROL AND FOR WHICH
THE ALIEN WAS NOT RESPONSIBLE." AS THE USG CLOSED ALL
U.S. AIRPORTS AND PREVENTED OVERSEAS FLIGHTS FROM COMING
IN, WHICH HAS HAD A RIPPLE EFFECT CAUSING PROLONGED FLIGHT
DELAYS, POSTS ARE AUTHORIZED TO REFUND ISSUANCE FEES THAT
WERE PAID FOR THE INITIAL VISAS, AND USE THE PROCEEDS OF
THESE REFUNDS TO FINANCE REPLACEMENT VISAS.

4. FOR K-1 AND K-2 VISAS, NEW VISAS MAY BE ISSUED PROVIDED
ALL SUPPORTING DOCUMENTATION INCLUDING MEDICAL AND POLICE
CLEARANCES ARE CURRENT AT THE TIME THE RECIPIENT
EVENTUALLY TRAVELS. 9 FAM 41.81, N6.2 AUTHORIZES CONSULAR
OFFICERS TO REVALIDATE APPROVED K-1 PETITIONS ANY NUMBER
OF TIMES FOR ADDITIONAL PERIODS OF FOUR MONTHS FROM THE
DATE OF REVALIDATION, PROVIDED THE OFFICER CONCLUDES THAT
THE PETITIONER AND THE BENEFICIARY REMAIN LEGALLY FREE TO
MARRY AND CONTINUE TO INTEND TO MARRY EACH OTHER WITHIN 90
DAYS AFTER THE BENEFICIARY'S ADMISSION INTO THE UNITED
STATES. PER 9 FAM 41.81, PROCEDURAL NOTE 3.8, THERE ARE
NO SEPARATE PROCESSING, APPLICATION OR RECIPROCITY FEES
(BEYOND THE MRV FEE) INVOLVED IN THE ISSUANCE OF K VISAS.
REGARDING THE MRV FEE IN THESE CASES, AS THERE IS NO
REAPPLICATION IN THESE CASES, POSTS NEED NOT CHARGE
REDUNDANT MRV FEES.

5. POSTS WITH QUESTIONS MAY CONTACT CA/VO/F/P FOR ANY
ADDITIONAL INFORMATION REGARDING THIS ISSUE.
POWELL