DOS Cable on 'V' Visa Issuance to Unapproved I-130 Beneficiaries

R 062321Z DEC 01
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
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UNCLAS STATE 209704


INFORM CONSULS

E.O. 12958: N/A
TAGS: CVIS
SUBJECT: V VISAS: Unapproved Petition Beneficiary Names Added to CLASS

REF: A) STATE 035234 B) STATE 057338 C) STATE 151917

Summary: About 90,000 names of petition beneficiaries
whose I-130s have not yet been approved by INS have been
added to CLASS using one of the "V"-related CLASS hits, see
Reftel A. NVC is sending out a letter informing these
applicants that they might be eligible for "V" issuance,
text below. Posts may process a "V" visa for any applicant
with a "V" CLASS hit.

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Applicants with unapproved petitions now appear in CLASS.
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VO has been working with INS for some time to obtain
information on F2A cases for which INS has not yet
approved I-130 petitions. The first group of about 90,000
beneficiaries is now available in CLASS. These include
those with priority dates through December 31, 1998.
Because we are now adding names to CLASS of applicants who
have not yet necessarily waited the mandatory three years
from petition filing, posts must be certain to check the
priority date listed in the CLASS hit to ascertain that
the applicant is indeed eligible to apply, see Reftel C.
Unless otherwise noted in the CLASS hit, NVC has performed
NCIC name checks for these beneficiaries. Names of
derivatives who aged out have not been entered into CLASS
as they are no longer eligible for "V" visas.

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More will be added to CLASS each quarter.
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The intent is to add names to CLASS on a quarterly basis.
The next group of "V" applicants with unapproved petitions
will include those with priority dates from January 1 to
March 31, 1999. We hope to complete NCIC namechecks and
add these names to CLASS sometime in January. Again,
names of "V"-eligible applicants will often be available in
CLASS before they are actually eligible for "V" processing,
so check the priority date.

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All beneficiary names received from INS are available in
the CCD web portal reports.
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If post has an inquiry from a beneficiary with a priority
date not yet in CLASS because it is after March 31, 1999,
post should be able to find the name and the priority date
via the CCD Web Portal Reports.

The CCD report for "V"-eligible applicants is found on the
same web page as the NIV reports. The report searches all
the data the Department of State has received from INS and
all data at NVC on potentially "V"-eligible individuals.

Any individual found on the web report who is marked as "V"-
eligible, may be considered for a "V" visa even if the name
may not yet be available in CLASS. The web report also
verifies if an NCIC name check has been done. If no NCIC
name check was done and the applicant is over 16, a VISAS
HAWK is required.

Applicants currently eligible for V visa consideration are
flagged in green on the web report. Those who are not yet
eligible are flagged in red.

If a post cannot find the name of an applicant who appears
to be V-eligible in CLASS, the next step should be to
check the web report.

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Text of NVC's letter to V applicants with unapproved
petitions.
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(begin text of NVC letter)

INS Receipt Number:

Dear Applicant:

According to information we have recently received from
the U.S. Immigration and Naturalization Service, you have
a visa petition on file as the spouse or child of a Legal
Permanent Resident. The Legal Immigration Family Equity
Act created the nonimmigrant "V" visa to allow spouses and
minor children of Legal Permanent Residents to enter the
U.S. to live and work legally in the U.S. while waiting
for immigrant status, even if their visa petition has not
yet been approved by the INS. You may be eligible to
apply for the "V" visa.

Our Website at http://travel.state.gov has information
about "V" visas. If you are outside the United States, you
may apply for the "V" visa at selected U.S. Embassies or
Consulates. If you are in the United States, you may
apply to change your current status (regardless of what
that status might be) to "V" status by contacting the U.S.
Immigration and Naturalization Service. INS has a Website
at http://ins.usdoj.gov.

If you wish to apply for a "V" visa at a U.S. Embassy or
Consulate, please use the contact list included with this
letter to phone that office to schedule an appointment and
obtain additional information.

There are three issues you should consider when submitting
an application for a "V" visa:

1. Be advised that children of LPRs are eligible for "V"
visas and "V" status in the U.S. only until the day before
their twenty-first birthday. In addition, if the child of
an LPR gets married, he/she is no longer eligible for "V"
classification. Children of LPRs who enter the U.S. with
a "V" visa and subsequently turn 21 years of age or get
married are no longer eligible for "V" status in the U.S.

2. At the time of application for a "V" visa overseas or
a change to "V" status in the United States, applicants
are not subject to the provisions of INA Section
212(a)(9)(B) regarding bars to admission to the United
States due to previous unlawful presence in the United
States. However, those who enter the United States with
"V" visas should be aware that in future, they will not be
able to adjust status from "V" to Legal Permanent Resident
for the applicable 3- or 10-year period if they have
accrued more than 180 days of unlawful presence since
April 1, 1997, unless INS approves a waiver at the time of
application for adjustment.

3. If your immigrant visa priority date is current for
processing, you are not eligible for a "V" visa, and you
will soon receive information on how to apply for your
immigrant visa from a U.S. consular officer.

If you wish to apply for a "V" visa at a U.S. Embassy or
Consulate, please contact the one near your residence. A
list of phone numbers for these offices is enclosed.

Sincerely,
Bureau of Consular Affairs

(end text of NVC letter)

Both English and Spanish versions of the letter will be
sent to all beneficiaries. Enclosed with the letter is a
DS-3052 as well as the post contact list. As with previous
"V" letters from NVC, there are no security features in the
letters, and post should not require the "V" applicant to
present the letter as evidence of eligibility to apply for
the "V".

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If an applicant's name is not found in CLASS or the CCD
Web Report, may post accept secondary evidence of a
petition filing with INS to process a "V" visa?
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No, posts should not attempt to independently confirm that
a petition was filed at INS. Only INS can confirm that a
petition was filed with INS. For posts, the only
acceptable proof of an applicant's eligibility to apply
for a V is a "V"-related hit in CLASS or data from the CCD
Web Report. In rare cases, an e-mail from NVC also serves
to confirm eligibility to apply for a "V".

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What about beneficiaries with approved I-130 petitions?
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Names of "V" eligible applicants for whom INS has approved
the I-130 petition and who have priority dates through
December 31, 1998 are already available in CLASS. NVC is
now completing the NCIC name checks for applicants with
priority dates from January 1 to March 31, 1999. These
applicants should appear in CLASS with a V hit by early
January. NVC will then begin working on the next quarter,
ie, those applicants with priority dates from April 1 to
June 30, 1999. Consular officers are again reminded to
check the priority date listed in the CLASS hit in order
to ascertain if the applicant has waited the mandatory
three years from petition filing.

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Where to Ask for Help.
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For questions involving legal aspects of the LIFE Act,
contact Ed Odom in VO/L/R. For visa processing issues,
contact Christine Osage, CA/VO/F/P. John Brennan in
VO/F/S can assist posts with consular systems or other
technical matters. All are available by e-mail.
POWELL