New procedures for consular processing in Manila - IMMIGRATION CORNER by Michael J. Gurfinkel

The State Department announced that, starting January 1, 2001, it will change the way it processes immigrant visa applications in Manila (as well as nine other Posts). These changes are designed to reduce the Embassy’s workload (by having the National Visa Center pre-screen the Affidavits of Support and other documentation), and eliminate cases where visa applicants may no longer be interested in pursuing their immigrant visas.

These changes include:

A $50 charge for the National Visa Center (NVC) to review the Petitioner’s Affidavit of Support (Form I-864);

Advance payment to the National Visa Center (not anymore to the Embassy) of the $260 per person immigrant visa application fee; and Sending to the Visa Applicant an "Agent Choice Letter" (ACL) and a "Choice of Agent and Address" (Form DS-3032), before a Packet 3 will be sent out.

According to the State Department, the new procedures for visa processing include the following.

After January 1, 2001, when the priority date on the petition becomes "current", the NVC will no longer commence immigrant visa processing by sending a Packet 3 to the visa applicant. Instead, as a new first step, applicants will receive an "Agent Choice Letter" (ACL) and a new "Choice of Agent and Address" (Form DS- 3032).

The DS-3032 allows the visa applicant to select an "agent" to receive mailings from the NVC, and to assist the Applicant in completing paperwork or paying the required fees. The "agent" could be the petitioner, an attorney, a friend, or anyone else. Although the "agent" will not have the authority to sign the required documents on behalf of the visa applicant, this agent would be the person to whom the NVC would mail the documents. If the visa applicant decides to handle the case on his own, he would instruct the NVC to send all mailings to his or her overseas address.

If the applicant already has an attorney handling his case, and a Form G-28 (Notice of Entry of Appearance as Attorney) is already in the file, the attorney would be considered the "agent" for the case, and the NVC would mail the Packet 3 and the Affidavit of Support (Form I-864) to the attorney.

The NVC will also notify the petitioner that "no further processing is possible until the DS-3032 is returned to the NVC." The petitioner will also receive the Affidavit of Support, which must be completed and returned to the NVC, along with a $50 cashier’s check or money order, to pay the new "I-864 review fee". This $50 fee is to cover the NVC’s review of the petitioner’s I-864 and supporting documents. The charge would still be $50, even if the Affidavit of Support is to cover several family members, since the NVC is "reviewing" only one I-864.

If a joint-sponsor submits a separate I-864, an additional $50 I-864 review fee will be charged (i.e. if the petitioner is not making enough money to meet the poverty guidelines, and a joint sponsor is required, there would be an additional $50 review fee for the joint sponsor’s Affidavit of Support).

The NVC will not send out a Packet 3 unless and until it receives back from the visa applicant the DS-3032. If the DS-3032 is not returned to the NVC within one year, the NVC will take steps to terminate the case. Therefore, it is very important that the DS 3032 be returned to the NVC, or you could risk having your case cancelled, and losing your priority date.

Once the visa applicant has returned the DS-3032 (containing the name and address of his "agent"), the NVC will then mail the Packet 3 to the agent. The agent would make sure all the documents are properly completed, and would return the completed Packet 3 forms, as well as the Application/Processing Fee of $260 per applicant, to the NVC. (In the past, this $260 per person Visa Application Fee was paid at the Embassy at the time of interview. The new procedure requires that this fee be paid in-advance to the NVC, before the case will be sent to Manila.)

When the NVC receives the Affidavit of Support (Form I-864) from the petitioner, and the Packet 3 (including OF-230 and OF-169) from the agent (along with the appropriate fees), the NVC will conduct a review of the file, including the I-864, to make sure that the forms are properly completed. If the forms are incomplete or incorrect, or supporting documents are missing, the NVC will return them to the "agent", along with a checklist on what changes are needed. (If the agent does not properly make the corrections or changes, the NVC will return the papers to the agent a second time.) When the documents are once again returned to the NVC, the file is then forwarded to the Embassy for scheduling of a visa interview.

If the "agent" does not return the Packet 3 documents to the NVC within one year, the NVC will begin to take steps to have the case terminated. Thus, it is critical that both the DS-3032, as well as the Packet 3 be returned to the NVC.

Because of the new procedures outlined by the State Department and the fact that completing the Affidavit of Support has become virtually a "nightmare" for everybody involved in the process (with a rejection rate approaching 80% on the NVC’s initial review), a person should seriously consider retaining the services of a reputable attorney at the outset, to assist in the preparation of documents, and to make sure the forms are properly completed, and returned to the NVC, and otherwise assist in the applicant with immigrant visa processing.

Michael J. Gurfinkel has been a licensed attorney in California for 21 years. He has always excelled in school: Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California. He is also an active member of the State Bar of California, the American Immigration Lawyers Association, and the Immigration Section of the Los Angeles County Bar Association. All immigration services are provided by an active member of the State Bar of California and/or by a person under the supervision of an active member of the State Bar.

His offices are located at 219 North Brand Boulevard, Glendale, California, 91203 Telephone: (818) 543-5800. His Makati office is located at Heart Tower, Unit 701, 108 Valero Street, Salcedo Village, Makati, Philippines; Telephone: 894-0258 or 894-0239. For more information about the Law Offices of Michael J. Gurfinkel, and to read previously published articles, please visit our website at www.gurfinkel.com

(This is for informational purposes only, and reflects the firm’s opinions and views on general issues. Each case is different and results may depend on the facts of a particular case. No prediction, warranty or guarantee can be made about the results of any case. Should you need or want legal advice, you should consult with and retain counsel of your own choice.)