Consular Corner November 2014 by: Liam Schwartz* ------------------------

Name that Place of Birth Let’s begin this month’s holiday column with a two-part quiz, which we’ll call “Name that Place of Birth.” Here’s how to play: •

All of the 10 quiz questions that follow, below, have 3-letter answers.

•

Each of the 3-letter answers corresponds with a 3-letter birthplace codes listed in the FAM’s Place of Birth Guide (7 FAM 1390).

•

Answer the quiz question, and then name the corresponding Place of Birth.

•

Example - Question: The name of Barbie’s boyfriend. Answer: KEN, the letters corresponding with the Birthplace code for “Kenya” in the FAM Guide.

Ready? Here we go…(answers follow later in the column): 1) The surname of Peter, the boy who wouldn’t grow up. 2) A food made by boiling fruit and sugar to a thick consistency. 3) Attila was one. 4) A spirit typically served with tonic. 5) An appendage on the back of a fish. 6) With George and Tom, one of our Founding Fathers. 7) Another way to say “false statement.” 8) The opposite of gal.

November 2014 Consular Corner, by Liam Schwartz 9) Not to be chewed in polite company. 10) Add an “h” at the end of these three letters to talk like a pirate.

“Delays Responding To Public Inquiries about Visas Reflect Poorly on the Bureau of Consular Affairs and the Department of State.” For the Bureau of Consular Affairs’ Visa Office (aka “CA/VO”), facilitating travel and providing good customer service are top priorities: “We are committed to facilitating legitimate travel, and providing prompt and courteous service.” This commitment is directly linked with job creation for Americans: “More international travel means more spending on airlines, tours, hotels, services, and export purchases, all of which mean more American jobs.” The commitment also has an important foreign policy aspect: “Not only do international tourists, business visitors, and students boost our economy, but these visitors also leave our country with a better understanding of American culture and values.” (All three quotes are from Testimony by David T. Donahue, Deputy Assistant Secretary for Visa Services, November 17, 2011. http://travel.state.gov/content/travel/english/about/speechestestimonies/Hearing-on-Tourism-In-America-Moving-Our-EconomyForward.html.) The recent inspection report of CA/VO released by the State Department’s Office of Inspector General (OIG) is critical of how CA/VO is living up to its above commitments, particularly in the context of addressing public inquiries on visa matters. (The OIG report can be accessed here: http://oig.state.gov/reports/9612). The very first sentence of the OIG report’s section on “Travel Facilitation” is this: “CA/VO does not respond adequately to public inquiries about the status of visa cases.” This OIG judgment is made in connection with CA/VO’s decision to cut costs by transferring responsibility for answering public inquiries about visas to the National Visa Center (NVC).

November 2014 Consular Corner, by Liam Schwartz In early 2014, CA/VO transferred responsibility for public inquiries about immigrant visas (IVs) to the NVC. These responsibilities were transferred despite the NVC being overwhelmed by a flood of immigrant visa cases from USCIS (the number of such cases received per week by the NVC has more than tripled). The OIG notes that even before the USCIS surge, NVC work efficiency had been seriously hurt by a changeover to a new contractor, a slow hiring process and inadequate technology. Given all the existing challenges at NVC, it is not surprising to read that NVC’s telephone infrastructure proved inadequate for the IV inquiries task. It is also not surprising to learn that the OIG inspection team tried to call the NVC public inquiries IV line but could not get past a busy signal. Nor is it surprising to hear that the OIG inspectors got no (zero) replies to any of the messages it sent to the NVC IV inquiry email address. What is surprising is CA/VO’s proceeded later in the year with transferring responsibility for public inquiries about nonimmigrant visas (NIVs) to the NVC as well, at a time when CA/VO was aware of the NVC’s woeful performance with IV inquiries. An incredulous OIG remarked that “National Visa Center employees have little knowledge of nonimmigrant visas” and the NVC provides “poor service.” Based on what CA/VO itself says, prompt and courteous responses to public inquiries about visa cases goes to the heart of facilitating travel. Doing so, CA/VO says, has a direct link to creating U.S. jobs for airlines, tours and hotels, and for boosting exports. Doing so also means that visitors have a positive understanding of American culture and values. The Bureau is “the most visible face of the Department to the public” (OIG). It is thus no surprise that one of the Key Findings of the OIG inspection report is this: “Delays responding to public inquiries about immigrant and nonimmigrant visas reflect poorly on the Bureau of Consular Affairs and the Department of State.” While per the OIG, CA/VO expects to save approximately $1 million a year from transferring responsibilities to the NVC, the harm to travel facilitation and providing prompt and courteous service will apparently cost us much more. Who’s Who in the Visa Office CA/VO recently released an updated organization chart identifying those responsible for moving its mission forward. Edward Ramotowski, the Deputy Assistant Secretary for Visa Services, is at the top of the pyramid, supported by Karen King, Managing Director. The Visa Office chart can be accessed here: http://media.wix.com/ugd/7fd509_72107d78836f4d5390fc8988e1c6bc1d.pdf

November 2014 Consular Corner, by Liam Schwartz Consuls General – More Comings and Goings The following is an additional installment to our periodic roundup of U.S. Consuls General heading to new assignments around the world: South Africa Capetown: Ambassador Teddy Taylor, one of the Department’s most experienced and decorated Consular officials, arrived in South Africa at the end of September as the new U.S. Consul General in Cape Town. In a diplomatic career spanning three decades, Mr. Taylor served as United States Ambassador to Papua New Guinea, the Solomon Islands and the Republic of Vanuatu. Ambassador Taylor is the recipient of numerous professional awards including the Department of State’s prestigious Barbara Watson Award for Consular Excellence. http://southafrica.usembassy.gov/consulate_capetown_cgbio.html Pakistan Peshawar: Jon Danilowicz assumed responsibility as Consul General at the U.S. Consulate General in Peshawar on October 1. Prior to his arrival in Peshawar, Jon completed an assignment as Deputy Chief of Mission in Dhaka, Bangladesh. This is Mr. Danilowicz’s third posting in Pakistan during the past 15 years, in addition to returning to the country in December 2005 to assist with earthquake relief efforts. http://peshawar.usconsulate.gov/peshawar/principal_officer.html Recent Updates in the World of the U.S. Visa Application Process U.S. Embassy Kingston is no longer accepting interview applications from third country nationals for many visa categories and cases: http://kingston.usembassy.gov/applicants-outside.html U.S. Embassy Amman: Jordanian Immigrant Visa applicants now required to submit a “Certificate of Non-Conviction” in addition to a Jordanian police certificate. This document shows that the holder did not commit any misdemeanors or crimes involving moral turpitude. http://jordan.usembassy.gov/immigrant_visas.html The National Visa Center will no longer collect original civil documents in support of immigrant visa applications.

http://travel.state.gov/content/dam/visas/policy_updates/National%20_Visa_Center_ No_Longer_Collecting_Original_Civil_Documents_November_2014.pdf

And then there’s this: former Secretary of State Madeleine Albright gracing a Wheaties cereal box: http://www.cbsnews.com/news/madeleine-albright-graces-wheaties-cereal-box/

November 2014 Consular Corner, by Liam Schwartz Changes to the Foreign Affairs Manual (FAM) Technology Alert List (9 FAM 40.31 N5.1-3) This month the Department updates 9 FAM 40.31 Notes by noting that the revised Technology Alert List (TAL) now contains four parts, rather than two. The two new parts of the revised TAL are Tabs “C” and “D” as described in section N5.1-3, “Using the Technology Alert List (TAL)”: “The revised TAL consists of four parts: Tab A, ‘Critical Fields List’ (CFL) of major fields of controlled goods and technologies of tech transfer concern, including those subject to export controls for nonproliferation reasons; Tab B, the Department's list of designated state sponsors of terrorism; Tab C, ‘Other Countries of Proliferation Concern;’ and Tab D, ‘FAQs and Guidance.’” Visa Annotations for B-2 Household Members (9 FAM 41.31 N14.4) 9 FAM 41.31 N14.4 provides for issuance of B-2 visas to elderly parents, cohabitating partners, and other household members of principal nonimmigrants, who may be ineligible for derivative status. Past State Department guidance (STATE 118790, July 2001) suggested the use of visa annotations for B-2 household members in order to facilitate admission to the U.S., as well as possible future requests for extension of status. Until now, 9 FAM 41.41 N14, which parallels STATE 118790, has omitted the visa annotation suggestion. The Department has now corrected this omission; as of last month, 9 FAM 41.31 N14.4 now contains the following guidance: “The B-2 classification is appropriate for aliens who are members of the household of another alien in long-term nonimmigrant status, but who are not eligible for derivative status under that alien's visa classification….If such individuals plan to stay in the United States for more than six months, they should be advised to ask the Department of Homeland Security (DHS) for a one-year stay at the time they apply for admission. If needed, they may thereafter apply for extensions of stay, in increments of up to six months, for the duration of the principal alien's nonimmigrant status in the United States. Consular officers should consider annotating to indicate the purpose and length of stay in such cases.” Top Ten Visa Wait Times at U.S. Consular Posts, November 2014**

November 2014 Consular Corner, by Liam Schwartz

#

Country

Consular Post

This Month (Nov. 2014) Visa Wait Time

1 2

Cuba Lebanon

Havana Beirut

107 days 45 days

3

Peru

Lima

41 days

4 5 6 7 8

Ecuador Canada Georgia Eritrea Yemen

4o days 35 days 31 days 27 days 24 days

9

Haiti

Guayaquil Calgary Tblisi Asmara Saana Port au Prince

Vietnam

HCMC

21 days

Venezuela

Caracas

21 days

Guyana

Georgetown

21 days

Canada

Halifax

21 days

10 (tie) 10 (tie) 10 (tie) 10 (tie)

23 days

Last Year (Nov. 2013) Visa Wait Time 174 days 108 days 11 days 9 days 9 days 14 days 50 days 49 days 41 days 15 days 59 days 1 day 1 day

** Updated to November 17, 2014 and based on published Department of State data. The “visa wait time” is the estimated time in which individuals need to wait to obtain a nonimmigrant visa interview appointment at a given consular post. Top Wait Times by Region The Americas Middle East and North Africa Europe and Eurasia Africa East Asia and Pacific Central and South Asia

Havana Beirut Tblisi Asmara HCMC Hyderabad

(107 days) (45 days) (31 days) (27 days) (21 days) (17 days)

November 2014 Consular Corner, by Liam Schwartz Answers to “Name that Place of Birth” 1. Pan. What place of birth corresponds with “PAN”? 1 2. Jam. What place of birth corresponds with “JAM”? 2 3. Hun. What place of birth corresponds with “HUN”? 3 4. Gin. What place of birth corresponds with “GIN”? 4 5. Fin. What place of birth corresponds with “FIN”? 5 6. Ben. What place of birth corresponds with “BEN”? 6 7. Lie. What place of birth corresponds with “LIE”? 7 8. Guy. What place of birth corresponds with “GUY”? 8 9. Gum. What place of birth corresponds with “GUM”? 9 10. Argh. What place of birth corresponds with “ARG”? 10 Quote of the Corner "Any country where the monarch opens their home for free pretzels and beer is doing something right." Ambassador Suzi LeVine, on the Principality of Liechtenstein .http://www.reddit.com/r/IAmA/comments/2is0w5/i_am_the_us_ambassador _to_switzerland_and

*Liam Schwartz is the principal in Liam Schwartz & Associates, a corporate immigration and consular law firm. Liam can be reached on Facebook, Linked-In and Twitter and by email at [email protected]. All rights reserved to the author.

1

Panama

2

Jamaica

3

Hungary

4

Guinea

5

Finland

6

Benin

7

Liechtenstein

8

Guyana

9

Guam

10

Argentina