Extension of Immigrant 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 ASCERTAUSCIS 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 USCISERT 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 PROCEEEDS 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 REDUNDENT MRV FEES.
5. POSTS WITH QUESTIONS MAY CONTACT CA/VO/F/P FOR ANY ADDITIONAL INFORMATION REGARDING THIS ISSUE.
POWELL
