Can I change from CP to 485 after Packet 3 is received

[Immigrationcp]

I am thinking about changing to 485 from CP. I have receivd my packet 3 from NVC . Is this possible ? How long does the process of switching take ?

[abu lafya]

You file I485.
It may take some time.

[Barney73]

Does the 485 receipt notice is delayed too or the processing takes time? The 180 day period starts with the receipt notice right?

[abu lafya]

ND or notice date is when you file I485. 180 days count start from that time.
By the time 180 days will pass, with CP you will get GC and have real immunity. Converting to AOS at this time is most likely not a smart move.

[tn2001]

Latest procedures and Delays on CP

Read in another immigration website that the procedures for post 140/824 has changed - there seems to be confusion about who will fall under this new procedures.
The Pkt 3 instead of being sent to the consulate, will be sent to NVC, which will send by diplomatic pouch (in most cases) including chennai consulate; This seems to mean added delays (not clear about the delays: 2-12 weeks? some postings mentioned months not weeks).
If this so, then it takes away the charm of CP - the only advantage I see here, is getting everything faster and in one shot.
Did see some postings by Abu Lafya too. Abu, can you clarify?
1.Is it only 140'ers or both 140 and 824?
2.What is the total delay? (2 more months or...sigh! I don't want to say that)
Thanks
tn

[abu lafya]

Re: Latest procedures and Delays on CP

If P3 was already received from NVC prior to Jan 1st (e.g. Immigrationcp's) then the instructions there follow old procedure. So, for him no added delay what so ever.

For other people that did not yet received P3 from NVC, my guess is as good as anyone else's.
Note that it seems new regulations do not apply to Western Europe and a slew of other countries since the DOS memo clearly lists consulates. However, it does apply to all Indian consulates.

[shuraz]

DOS memo?

Abu,

Could you post the text of that notorous DOS memo with the list of Consulates affected by the new procedures?
Specifically, I wonder if the Consulate in Moscow is in the list.

Thanks!

[abu lafya]

1

The U.S. Department of State (DOS) announced that the Immigrant Visa Packet
System, utilized virtually without change for forty years, is now being
changed. This announcement was issued in mid-December 2001. These changes
apply to those who are processing their "green cards" through the consular
processing option, whether in family- or employment-based immigration cases
and will not apply to those processing adjustment of status within the U.S.
The reason for the DOS change is that "the ease with which information can
now be maintained and shared electronically makes the linear, rationed
approach to immigrant visa information less useful." The former Immigrant
Visa packet system is being eliminated in favor of a simpler system of
standardized mailings. The new system will utilize the Internet and other
electronic sources, when appropriate, according to the DOS announcement.

The specific instructions will be released as part of an update to the
Foreign Affairs Manual (FAM). Essentially, the numbered packet system has
been eliminated. The packets will be replaced with standardized information
sheets. The former "Packet 3" has been renamed "Instruction Package for
Immigrant Visa Applicants." Former "Packet 4" is now "Appointment Package
for Immigrant Visa Applicants." "Packet 4a," which is the mailing that
initiates the termination process, is now "Follow-Up Instruction Package for
Immigrant Visa Applicants."

New information sheets have been drafted and are available to appropriate
DOS officials. The old OF-169 (Checklist of Documents), which was renamed
DS-2001 last year, is now a redesigned information sheet entitled
"Instructions for Immigrant Visa Applicants." This document will be part of
the new "Instruction Packet for Immigrant Visa Applicants." The new form has
not yet been approved

[abu lafya]

2

This message has been cleared with M/P(SEP).

1. This message describes changes to the standard
information packages used to communicate with immigrant
visa applicants. Briefly put, the IV packet system is
being eliminated in favor of a simpler system of
standardized mailings and more explicit provision for the
use of Internet and other electronic resources when
appropriate. The procedural notes in 9 FAM Volume 42
dealing with immigrant visa processing have been revised
to reflect these changes and will be updated in the next
release of Inserts.

2. Although the IV packet system has served well for over
forty years with relatively few changes, the ease with
which information can now be maintained and shared
electronically makes the linear, rationed approach to
immigrant visa information less useful. The numbered
packets, many of which are no longer used by consular
sections and rarely seen by applicants, were also the
source of some confusion. The numbered packet system has
therefore been eliminated. Packets 1, 2, 2a and 3a no
longer exist. Standardized information sheets should be
used to respond to queries as discussed below. The old
Packet 3 has now been renamed the "Instruction Package for
Immigrant Visa Applicants." Packet 4 is referred to as
the "Appointment Package for Immigrant Visa Applicants."
Packet 4a, important as the mailing that initiates the
termination process, is now referred to as the "Follow-Up
Instruction Package for Immigrant Visa Applicants."

3. Automated consular systems will continue to refer to
standard information packages by their old packet numbers
for the time being.

4. The DSL series information sheets are obsolete and
should no longer be used. Instead, information sheets
identified by title and date have been drafted and are
available on the CA Intranet by clicking on the "IV" link.
These information sheets are referenced in the revised FAM
notes, but copies of this information will no longer be
maintained in the FAM. Instead, consular personnel should
consider the text available on the Intranet site to be the
definitive text. Every effort will be made to ensure that
content of the CA Internet site mirrors that maintained on
the Intranet, but in the event of any discrepancy, posts
are reminded that the Intranet remains the definitive
source of visa information. These information sheets and
the forms posted on the Intranet site may be e-mailed to
inquirers and IV applicants as requested. They may also
be printed on demand at smaller volume posts. Larger
volume IV operations should use these information sheets
as master documents and continue to print in bulk those
most commonly used.

5. VO is working with CSD on changes to the format of
Appendix C that will make it easier to maintain and share
post-specific IV processing information. In the meantime,
post should print country-specific portions of Appendix C
from the online version of Appendix C whenever this
information is requested.

6. The old OF-169 (the "Packet 3 checklist," renumbered
DS-2001 last year) has been redesigned. The information
concerning documents required for IV application has been
separated out into an information sheet entitled
"Instructions for Immigrant Visa Applicants." This
document, covered by the form letter generated by the
automated IV system, will become the basic component of
the new "Instruction Package for Immigrant Visa
Applicants." The DS-2001 has been redesigned as a one-
page optional form to be used by applicants or their
agents to notify post or NVC that they are ready for
interview. The revised DS-2001 is now with OMB

[abu lafya]

3

Cable Text:
UNCLASSIFIED ******** December 19, 2000
To: ALL IMMIGRANT VISA PROCESSING POSTS
Origin: VO
From: SECSTATE WASHDC (STATE 238959)
TAGS: CVIS
Captions: None
Subject: IV REFORM: FIRST STEPS ON JANUARY ONE
Ref: None



--------------------------------------------------------------------------------



1. SUMMARY: ON JANUARY 1, 2001, THE DEPARTMENT WILL CHANGE THE WAY IT PROCESSES IV APPLICATIONS. ALL IV APPLICANTS WITH CASE FILES AT NVC CURRENT FOR PROCESSING AFTER THAT DATE WILL RECEIVE A LETTER FROM THE NATIONAL VISA CENTER (NVC) PERMITTING THEM TO DESIGNATE AN "AGENT" TO HANDLE CASE MAILINGS FROM NVC. THEY WILL ALSO BE ASKED TO CONFIRM A MAILING ADDRESS. NVC IS PRESENTLY REVIEWING THE I-864 FOR CASES THAT WILL BE ADJUDICATED IN TEN POSTS. FOR THESE CASES, NVC WILL BEGIN COLLECTING A NEW FEE OF USD $50.00 TO COVER THE COST OF THE I-864 REVIEW AS WELL AS THE $260.00 PER PERSON IV APPLICATION/PROCESSING FEES. END SUMMARY.

A NEW PREREQUISITE FOR THE IV APPLICANT: THE "AGENT CHOICE LETTER"

2. THE DEPARTMENT IS ALTERING THE IV APPLICATION PROCESS DUE TO THE DEMANDS OF THE I-864 AND AN ONGOING EFFORT TO IMPROVE SERVICE THROUGH STREAMLINING AND MODERNIZATION.

AFTER JANUARY 1, 2001, NVC WILL NO LONGER INITIATE IV PROCESSING BY SENDING A PACKET 3 TO AN APPLICANT WHOSE CASE FILE BECOMES CURRENT FOR PROCESSING. INSTEAD, AS A NEW FIRST STEP, APPLICANTS WILL RECEIVE THE "AGENT CHOICE LETTER" (ACL) AND THE NEW "CHOICE OF AGENT AND ADDRESS" FORM (DS 3032). THIS NEW FORM WILL SOON BE AVAILABLE ON THE INFOFORMS WEBSITE.

3. THE DS 3032 PERMITS THE APPLICANT TO SELECT AN "AGENT" TO RECEIVE MAILINGS FROM NVC AND ASSIST IN COMPLETING PAPERWORK OR PAYING REQUIRED FEES. THE AGENT COULD BE THE RELATIVE OR EMPLOYER WHO FILED THE PETITION, AN ATTORNEY, A FRIEND, A NON-GOVERNMENTAL OR COMMUNITY-BASED ORGANIZATION, OR ANYONE ELSE. RATHER THAN SELECT SOMEONE ELSE TO SERVE AS AGENT, AN APPLICANT MAY DECIDE TO HANDLE HIS/HER OWN CASEWORK AND INSTRUCT NVC TO SEND ALL MAILINGS TO HIS/HER OVERSEAS MAILING ADDRESS. AN ADDRESS FOR THE SELECTED AGENT IS REQUIRED. THE COVER LETTER SENT BY NVC WITH FORM DS 3032 SUGGESTS THAT THE AGENT HAVE A U.S. ADDRESS. THE "AGENT" WILL NOT HAVE THE AUTHORITY TO SIGN REQUIRED DOCUMENTS FOR THE APPLICANT, BUT CAN PROVIDE OTHER ASSISTANCE WITH FEE PAYMENTS AND DOCUMENT COLLECTION ISSUES. NVC WILL NOT SEND A PACKET THREE UNTIL THE DS 3032 IS RECEIVED WITH INSTRUCTIONS ON THE NAME AND ADDRESS OF THE INDIVIDUAL WHO WILL SERVE AS DESIGNATED "AGENT."

4. THE APPLICANT MUST SIGN THE DS 3032; NO ONE ELSE HAS THE LEGAL AUTHORITY TO DO SO ON BEHALF OF THE APPLICANT. FILES WILL BE HELD AT NVC UNTIL THE DS 3032 IS RETURNED. IF IT IS NOT RECEIVED WITHIN ONE YEAR, NVC WILL INITIATE THE ADMINISTRATIVE PROCESSES FOR POST TO BEGIN CASE TERMINATION.

5. BY INSTITUTING THE RETURN OF THE DS 3032 AS A PREREQUISITE FOR CASE PROCESSING, POSTS WILL NO LONGER RECEIVE FILES FOR APPLICANTS WHO DO NOT INTEND TO PURSUE IMMIGRATION OVERSEAS. FILES WILL REMAIN IN STORAGE AT NVC UNTIL THE APPLICANT, THROUGH THE SUBMISSION OF THE DS 3032, SIGNALS INTENT TO PURSUE IMMIGRATION. IN ADDITION, THE DS 3032 REQUIREMENT MEANS THAT POSTS WILL RECEIVE FILES WITH CURRENT ADDRESSES FOR BOTH APPLICANTS AND PETITIONERS.

EXCEPTIONS: WHEN THE DS 3032 WILL NOT BE REQUIRED

6. POSTS SHOULD BE AWARE THAT SOME CASES WILL NOT REQUIRE A DS 3032. A G-28 ATTORNEY DESIGNATION OR EQUIVALENT (AS OUTLINED IN 9 FAM 40.4, N12) IN A CASE FILE RECEIVED FROM INS MEANS THAT THE LISTED ATTORNEY IS THE AGENT FOR THE CASE. RATHER THAN THE DS 3032, THE ATTORNEY WILL RECEIVE A PACKET THREE AND THE

[abu lafya]

Re: 3

I cannot find rest at this time. sorry.

[tn2001]

4

Visa Office Cable Advises Posts of New Procedures for Immigrant Visa Processing
and Communicating with the National Visa Center

December 19, 2000

Cable Text:
UNCLASSIFIED ******** December 19, 2000
To: ALL IMMIGRANT VISA PROCESSING POSTS
Origin: VO
From: SECSTATE WASHDC (STATE 238959)
TAGS: CVIS
Captions: None
Subject: IV REFORM: FIRST STEPS ON JANUARY ONE
Ref: None


--------------------------------------------------------------------------------

1. SUMMARY: ON JANUARY 1, 2001, THE DEPARTMENT WILL CHANGE THE WAY IT PROCESSES IV APPLICATIONS. ALL IV APPLICANTS WITH CASE FILES AT NVC CURRENT FOR PROCESSING AFTER THAT DATE WILL RECEIVE A LETTER FROM THE NATIONAL VISA CENTER (NVC) PERMITTING THEM TO DESIGNATE AN "AGENT" TO HANDLE CASE MAILINGS FROM NVC. THEY WILL ALSO BE ASKED TO CONFIRM A MAILING ADDRESS. NVC IS PRESENTLY REVIEWING THE I-864 FOR CASES THAT WILL BE ADJUDICATED IN TEN POSTS. FOR THESE CASES, NVC WILL BEGIN COLLECTING A NEW FEE OF USD $50.00 TO COVER THE COST OF THE I-864 REVIEW AS WELL AS THE $260.00 PER PERSON IV APPLICATION/PROCESSING FEES. END SUMMARY.

A NEW PREREQUISITE FOR THE IV APPLICANT: THE "AGENT CHOICE LETTER"

2. THE DEPARTMENT IS ALTERING THE IV APPLICATION PROCESS DUE TO THE DEMANDS OF THE I-864 AND AN ONGOING EFFORT TO IMPROVE SERVICE THROUGH STREAMLINING AND MODERNIZATION.

AFTER JANUARY 1, 2001, NVC WILL NO LONGER INITIATE IV PROCESSING BY SENDING A PACKET 3 TO AN APPLICANT WHOSE CASE FILE BECOMES CURRENT FOR PROCESSING. INSTEAD, AS A NEW FIRST STEP, APPLICANTS WILL RECEIVE THE "AGENT CHOICE LETTER" (ACL) AND THE NEW "CHOICE OF AGENT AND ADDRESS" FORM (DS 3032). THIS NEW FORM WILL SOON BE AVAILABLE ON THE INFOFORMS WEBSITE.

3. THE DS 3032 PERMITS THE APPLICANT TO SELECT AN "AGENT" TO RECEIVE MAILINGS FROM NVC AND ASSIST IN COMPLETING PAPERWORK OR PAYING REQUIRED FEES. THE AGENT COULD BE THE RELATIVE OR EMPLOYER WHO FILED THE PETITION, AN ATTORNEY, A FRIEND, A NON-GOVERNMENTAL OR COMMUNITY-BASED ORGANIZATION, OR ANYONE ELSE. RATHER THAN SELECT SOMEONE ELSE TO SERVE AS AGENT, AN APPLICANT MAY DECIDE TO HANDLE HIS/HER OWN CASEWORK AND INSTRUCT NVC TO SEND ALL MAILINGS TO HIS/HER OVERSEAS MAILING ADDRESS. AN ADDRESS FOR THE SELECTED AGENT IS REQUIRED. THE COVER LETTER SENT BY NVC WITH FORM DS 3032 SUGGESTS THAT THE AGENT HAVE A U.S. ADDRESS. THE "AGENT" WILL NOT HAVE THE AUTHORITY TO SIGN REQUIRED DOCUMENTS FOR THE APPLICANT, BUT CAN PROVIDE OTHER ASSISTANCE WITH FEE PAYMENTS AND DOCUMENT COLLECTION ISSUES. NVC WILL NOT SEND A PACKET THREE UNTIL THE DS 3032 IS RECEIVED WITH INSTRUCTIONS ON THE NAME AND ADDRESS OF THE INDIVIDUAL WHO WILL SERVE AS DESIGNATED "AGENT."

4. THE APPLICANT MUST SIGN THE DS 3032; NO ONE ELSE HAS THE LEGAL AUTHORITY TO DO SO ON BEHALF OF THE APPLICANT. FILES WILL BE HELD AT NVC UNTIL THE DS 3032 IS RETURNED. IF IT IS NOT RECEIVED WITHIN ONE YEAR, NVC WILL INITIATE THE ADMINISTRATIVE PROCESSES FOR POST TO BEGIN CASE TERMINATION.

5. BY INSTITUTING THE RETURN OF THE DS 3032 AS A PREREQUISITE FOR CASE PROCESSING, POSTS WILL NO LONGER RECEIVE FILES FOR APPLICANTS WHO DO NOT INTEND TO PURSUE IMMIGRATION OVERSEAS. FILES WILL REMAIN IN STORAGE AT NVC UNTIL THE APPLICANT, THROUGH THE SUBMISSION OF THE DS 3032, SIGNALS INTENT TO PURSUE IMMIGRATION. IN ADDITION, THE DS 3032 REQUIREMENT MEANS THAT POSTS WILL RECEIVE FILES WITH CURRENT ADDRESSES FOR BOTH APPLICANTS AND PETITIONERS.

EXCEPTIONS: WHEN THE DS 3032 WILL NOT BE REQUIRED

6. POSTS SHOULD BE AWARE THAT SOME CASES WILL NOT REQUIRE A DS 3032. A G-28 ATTORNEY DESIGNATION OR EQUIVALENT (AS OUTLINED IN 9 FAM 40.4, N12) IN A CASE FILE RECEIVED FROM INS MEANS THAT THE LISTED ATTORNEY IS THE AGENT FOR THE CASE. RATHER THAN THE DS 3032, THE ATTORNEY WILL RECEIVE A PACKET THREE AND THE I-864 FORM. LIKEWISE, CASES INVOLVING SELF-PETITIONS OR ADOPTIONS OF OVERSEAS CHILDREN WILL NOT REQUIRE A DS 3032. SELF-PETITIONERS AND ADOPTING PARENTS ARE ASSUMED TO BE THE AGENTS AND WILL RECEIVE PACKET THREES AND THE I-864 FORM.

THE I-864: RESPONSIBILITY OF THE PETITIONER

7. FOR PURPOSES OF GOVERNMENTAL TRANSPARENCY, AT THE SAME TIME THAT THE DS 3032 IS SENT TO THE APPLICANT, NVC WILL SEND A PACKAGE OF INFORMATION TO THE PETITIONER. A NOTICE WILL EXPLAIN THAT THE APPLICANT FOR WHOM THE CASE WAS FILED HAS BEEN SENT AN ACL AND DS 3032, AND THAT NO FURTHER PROCESSING IS POSSIBLE UNTIL THE DS 3032 IS RETURNED TO NVC. OUR ASSUMPTION IS THAT THIS WILL SERVE AS A FAIL-SAFE MECHANISM TO OVERCOME THE SHORTCOMINGS OF POSTAL SYSTEMS IN DEVELOPING COUNTRIES. THE PETITIONER WILL PRESUMABLY COMMUNICATE WITH THE APPLICANT AND ADVISE HIM/HER OF THE NEED TO COMPLETE THE DS 3032. THE PACKAGE OF INFORMATION FOR THE PETITIONER WILL ALSO INCLUDE INFORMATION ON THE REQUIRED FILING OF THE I-864 FORM AND INSTRUCTIONS ON WHERE TO SEND IT.

THESE INSTRUCTIONS WILL DIFFER DEPENDING ON WHERE THE CASE WILL BE ADJUDICATED:

---FOR CASES TO BE PROCESSED IN ONE OF THE TEN POSTS FOR WHICH NVC IS ALREADY REVIEWING THE AOS (KNOWN IN THE DEPARTMENT AS "ALPHA" POSTS - BOGOTA, CUIDAD JUAREZ, FREETOWN, GEORGETOWN, GUANGZHOU, MANILA, MONTREAL, PORT- AU-PRINCE, SANTO DOMINGO, TIRANA) THE PETITIONER WILL BE INSTRUCTED TO COMPLETE THE I-864 FORM AND RETURN IT TO NVC VIA THE DESIGNATED BANK IN ST. LOUIS WITH A CASHIER'S CHECK OR MONEY ORDER DRAWN ON A U.S. BANK FOR USD $50.00 TO PAY THE NEW I-864 REVIEW FEE.

---FOR CASES TO BE PROCESSED IN ALL OTHER POSTS (KNOWN AS "BETA" POSTS), THE PETITIONER WILL BE INSTRUCTED TO SEND THE COMPLETED I-864 FORM TO THE APPLICANT FOR PRESENTATION TO THE CONSULAR OFFICER ON THE DAY OF INTERVIEW. NO USD $50.00 I-864 REVIEW FEE WILL BE CHARGED.

THE NEW AOS FEE APPLIES ONLY TO ALPHA POST CASES

8. THE NEW $50.00 I-864 REVIEW FEE IS DESIGNED TO HELP DEFRAY THE COSTS OF THE NVC REVIEW OF THE I-864. A PETITIONER WILL FILE ONE I-864 AND PAY ONE I-864 REVIEW FEE FOR HIS ENTIRE IMMEDIATE FAMILY UNIT, IF THOSE FAMILY MEMBERS APPLY TOGETHER FOR IMMIGRATION. IT IS NOT A PER PERSON OR PER CASE FEE. THE FEE WILL NOT BE CHARGED OVERSEAS. THE I-864 REVIEW HAS BEEN DEEMED A PART OF CASE ADJUDICATION IN OVERSEAS POSTS, AND NO ADDITIONAL FEE MAY BE CHARGED FOR THIS OVERSEAS. THE FEE WILL BE COLLECTED ONLY BY NVC VIA THE DESIGNATED BANK IN ST. LOUIS FOR THOSE CASES BOUND FOR ADJUDICATION IN ONE OF THE ALPHA POSTS.

9. IF IN ADDITION TO THE PETITIONER'S I-864, A JOINT- SPONSOR SUBMITS A SEPARATE I-864, AN ADDITIONAL I-864 REVIEW FEE WILL BE ASSESSED. HOWEVER, NVC IS NOT AUTHORIZED TO ASK THAT AN I-864 FROM A JOINT-SPONSOR BE PROVIDED. THAT ASSESSMENT FALLS WITHIN THE DELIBERATIVE RESPONSIBILITIES OF THE ADJUDICATING CONSULAR OFFICER AT POST. THE NVC WILL PROVIDE ONLY A TECHNICAL REVIEW OF THESE FORMS AND NOT AN ADJUDICATION OF THEIR MERITS.

10. IN MOST CASES, A CONSULAR OFFICER OVERSEAS IN AN ALPHA POST WILL RECEIVE A CASE FILE WITH AN I-864 THAT HAS BEEN REVIEWED BY NVC. THE I-864 SHOULD HAVE A DATED "PAID-NATL VISA CTR" STAMP BY THE DESIGNATED BANK IN ST. LOUIS IN THE UPPER RIGHT CORNER. FOR IMMEDIATE RELATIVE CASES, WHEN TWO OR MORE DUPLICATE I-864S ARE SUBMITTED IN THE SAME PACKAGE FOR MEMBERS OF THE SAME FAMILY, ONLY ONE I-864 WILL BE STAMPED PAID. THERE IS NO FEE FOR THE ADDITIONAL I-864S IN THE PACKAGE. THEY WILL BE DATE- STAMPED "CASE ADD-ON, NATL VISA CTR." DURING THE COURSE OF CASE ADJUDICATION, IF THE CONSULAR OFFICER AT AN ALPHA POST ASKS THE APPLICANT TO SUBMIT AN I-864 FROM A JOINT- SPONSOR, NO ADDITIONAL AOS REVIEW FEE IS ASSESSED.

11. IF NECESSARY, CASES ARE TWICE REVIEWED BY NVC. IF THEY ARE TWICE FOUND TECHNICALLY DEFICIENT BY NVC, THE CASE IS FORWARDED TO POST REGARDLESS OF ERRORS IN THE DOCUMENTATION. PETITIONERS WHO REFILE AN I-864 WITH POST TO CORRECT DEFICIENCIES IN THE I-864 FILED WITH NVC WILL NOT BE CHARGED AN ADDITIONAL I-864 REVIEW FEE. THE ROLE OF THE DESIGNATED "AGENT"

12. MANY APPLICANTS REQUIRE ASSISTANCE IN COMPLETING THE VARIOUS IV APPLICATION FORMS. POSTS MOST OFTEN DO NOT HAVE THE RESOURCES TO INDIVIDUALLY DEAL WITH EACH APPLICANT TO EXPLAIN THE COMPLICATED IV PROCESS AND ASSIST IN COMPLETING PAPERWORK. THE DEPARTMENT HOPES AND ANTICIPATES THAT THIS ROLE WILL BE TAKEN UP BY THE DESIGNATED AGENT. ONCE THE APPLICANT'S SELECTION OF THE AGENT IS INDICATED WITH THE RETURN OF A DS-3032 SIGNED BY THE APPLICANT, ALL NVC CORRESPONDENCE WILL BE SENT TO THE AGENT. NVC WILL LOOK TO THE AGENT TO HELP MANAGE THE CASE WITH THE APPLICANT, SO THAT PAPERWORK IS COMPLETED AND ALL UPFRONT REQUIRED FEES ARE PAID. USE OF AN AGENT MAY ALSO OVERCOME LANGUAGE BARRIERS, CURRENCY EXCHANGE DIFFICULTIES, LOCAL MAIL AND TELEPHONE SERVICE PROBLEMS, AND INADEQUATE ACCESS TO SOURCES OF INFORMATION DESIGNED TO ASSIST IN PROCESSING AN IV CASE. IT IS ANTICIPATED THAT AN AGENT WILL BE DIRECTLY AND ACTIVELY INVOLVED IN THE CASE FROM THE START. NOT ONLY DO WE BELIEVE THIS WILL ASSIST OUR CLIENTS, WE ALSO BELIEVE IT WILL HELP SPEED UP THE PROCESS AT NVC WHEN WE RECEIVE MORE PROMPT RESPONSES TO NVC MAILINGS AND MORE CORRECTLY COMPLETED DOCUMENTATION.

DIFFERENT PROCESSING INSTRUCTIONS FOR "ALPHA" AND "BETA" CASES

13. WHEN THE COMPLETED DS 3032 IS RECEIVED BY NVC FROM THE APPLICANT, A PACKET 3 WILL BE SENT TO WHOMEVER IS DESIGNATED AS AGENT.

14. INSTRUCTIONS TO THE AGENT ON WHERE TO SEND COMPLETED PACKET THREE FORMS WILL DIFFER ACCORDING TO WHETHER THE CASE IS TO BE PROCESSED IN AN "ALPHA" POST OR IN ONE OF THE "BETA" POSTS.

[tn2001]

5

---ALPHA CASES

BOGOTA, CUIDAD JUAREZ, FREETOWN, GEORGETOWN, GUANGZHOU, MANILA, MONTREAL, PORT-AU-PRINCE, SANTO DOMINGO, TIRANA

15. FOR CASES TO BE PROCESSED IN ONE OF THE TEN "ALPHA" POSTS, THE AGENT WILL BE INSTRUCTED TO RETURN COMPLETED PACKET THREE FORMS AND THE PER APPLICANT $260.00 IV APPLICATION/PROCESSING FEE TO NVC VIA THE DESIGNATED BANK IN ST. LOUIS.

16. IF THE AGENT IS ALSO THE PETITIONER, HE MAY CHOOSE TO SEND THE COMPLETED I-864 AND THE USD $50.00 I-864 REVIEW FEE TO NVC VIA THE DESIGNATED BANK IN ST. LOUIS WITH THE PACKET THREE FORMS AND IV APPLICATION/PROCESSING FEES FOR EACH APPLICANT. THE BANK WILL REMOVE THE MEANS OF PAYMENT, STAMP THE I-864 AND OF 230 WITH A GREEN INK "PAID" STAMP, AND FORWARD THE DOCUMENTS TO NVC.

---NVC REVIEWS FILES FOR PROCESSING IN ALPHA POSTS

17. ONCE NVC HAS RECEIVED THE OF 230, OF 169, AND THE I- 864 FOR AN APPLICANT, NVC WILL REVIEW THE FILE, INCLUDING THE I-864. FOR MONTREAL, FREETOWN AND TIRANA, IF A FILE IS COMPLETE, NVC WILL SCHEDULE AN APPOINTMENT WITH A CONSULAR OFFICER AND SEND A PACKET FOUR TO THE AGENT. FOR OTHER POSTS, NVC WILL FORWARD THE ENTIRE FILE TO POST FOR SCHEDULING OF THE IV INTERVIEW BY POST.

18. FOR THOSE CASES WITH INCOMPLETE OR INCORRECT DOCUMENTS, NVC WILL SEND A CHECKLIST TO THE AGENT ON WHAT CHANGES ARE NEEDED. THE AGENT WILL BE TOLD TO RETURN CORRECTED OR MISSING DOCUMENTS TO NVC. A SECOND CHECK OF THE FILE IS MADE BY NVC, AGAIN NOTING NEEDED CORRECTIONS ON A CHECKLIST. AFTER TWO REVIEWS BY NVC, THE FILE WILL BE FORWARDED TO POST EVEN IF IT STILL CONTAINS ERRORS OR OMISSIONS. THE DEPARTMENT DETERMINED THAT IT IS USEFUL AT THAT POINT TO PROCEED WITH ADJUDICATION OF THE CASE BASED ON THE EXPERIENCE OF THE PILOT PROGRAM.

19. FILES WILL INCLUDE A GREEN "PAID" STAMP ON THE I-864 AND THE OF-230 APPLICATION FORM SHOWING THAT THE I-864 REVIEW AND IV APPLICATION FEES WERE PAID TO THE DESIGNATED U.S. BANK. PLEASE NOTE THAT WHEN APPLICANTS PAY THE $260 APPLICATION PROCESSING FEE IN THE UNITED STATES, POSTS WILL NOT CHARGE THEM THE $260.00 FEE. IF THE AGENT DOES NOT RETURN THE PACKET THREE DOCUMENTS WITHIN ONE YEAR, NVC WILL BEGIN THE ADMINISTRATIVE PROCESSES FOR POST TO TERMINATE THE CASE.

---"BETA POSTS"

20. FOR ALL OTHER POSTS, NVC WILL SEND THE PACKET 3 TO THE AGENT WHO WILL BE INSTRUCTED TO SEND COMPLETED FORMS DIRECTLY TO THE POST DESIGNATED FOR PROCESSING. IF THE AGENT IS ALSO THE PETITIONER, HE SHOULD HAVE ALREADY RECEIVED INSTRUCTIONS TO COMPLETE THE I-864 AND SEND IT TO THE APPLICANT FOR PRESENTATION TO THE CONSULAR OFFICER ON THE DAY OF THE SCHEDULED INTERVIEW.

21. ONCE THE BETA POST HAS RECEIVED THE PACKET THREE FORMS, AN INTERVIEW MAY BE SCHEDULED. BETA POSTS WILL COLLECT THE $260.00 PER PERSON APPLICATION/PROCESSING FEE ON THE DAY OF THE INTERVIEW IN ACCORDANCE WITH CURRENT PRACTICE. NO FEE WILL BE CHARGED FOR THE I-864 REVIEW, WHICH WILL BE DONE AT POST. NO REVIEW OF ANY DOCUMENTS WILL BE CONDUCTED BY NVC FOR BETA POST CASES.

INITIAL DELAY OF TRANSFER OF CASE FILES FROM NVC TO POSTS

22. FOR ALL POSTS, THE INSTITUTION OF THE DS 3032 ADDS A NEW STEP AT THE BEGINNING OF THE IV PROCESS. AS CASE FILES WILL BE HELD AT NVC UNTIL THE APPLICANT RETURNS THE ACL, IT IS LIKELY THAT DURING THE FIRST FEW MONTHS OF THE PROGRAM, POSTS WILL RECEIVE SIGNIFICANTLY FEWER FILES FROM NVC. MANAGERS MAY WISH TO TAKE ADVANTAGE OF THIS PERIOD.

23. WE SUGGEST, HOWEVER, THAT POSTS BE PREPARED TO HAND OUT FORM DS 3032 ON REQUEST TO THOSE POTENTIAL APPLICANTS WHO ARE ILL SERVED BY THE INTERNATIONAL MAIL. POSTS CAN THEN MAIL OR POUCH THE COMPLETED DS 3032 TO NVC FOR ACTION. WE WILL POST THE FORM ON THE CA INTRANET SITE; IN FUTURE, IT WILL ALSO BE AVAILABLE ON THE A/DIR INTRANET SITE: 99.1.1.27/FORMS/DOS FORMS.HTML. WHY WE THINK THIS WILL WORK WELL

24. ONE PRINCIPAL GOAL OF THE DEPARTMENT'S CHANGES IN HOW IT DOES ITS IMMIGRANT VISA PROCESSING IS TO ENSURE THAT FILES ARE MORE COMPLETE AND READY FOR PROCESSING AT POST BEFORE THEY ARE FOWARDED TO POSTS. SOME OF THE POSTS FOR WHICH NVC IS ALREADY CONDUCTING A FILE REVIEW NOTE THAT THEY SPEND LESS TIME ON IV PROCESSING BECAUSE MORE CASES ARE READY FOR ISSUANCE AFTER THE INITIAL INTERVIEW WITH A CONSULAR OFFICER. THE NVC REVIEW CATCHES MOST OF THE MORE COMMON PROBLEMS THAT ARE OFTEN EASILY REMEDIED BUT MIGHT RESULT IN A WASTED TRIP TO THE CONSULAR SECTION BY AN APPLICANT AND HIS OR HER FAMILY SIMPLY TO RECEIVE A 221(G) REFUSAL AT POST. ADDITIONALLY, THE NEW PROCESSING WILL WEED OUT CASES IN WHICH IMMIGRATION APPLICATIONS WILL NOT BE PURSUED OVERSEAS.

25. AS THE DEPARTMENT BRINGS OTHER RESOURCES ON LINE IN THE PLAN TO UPGRADE IV PROCESSING, WE INTEND TO EXTEND THE BENEFITS OF VETTING THE I-864 AND COLLECTING PROCESSING FEES IN THE UNITED STATES TO OTHER IMMIGRANT VISA PROCESSING POSTS OVERSEAS. NVC IS UNDERGOING A PHYSICAL RENOVATION THAT SHOULD BE COMPLETED IN SEPTEMBER 2001. NVC WILL THEN BE ABLE TO INCLUDE ALL POSTS IN THE I-864 REVIEW. AT THE MOMENT, THE TEN POSTS IN THE PROGRAM REPRESENT ABOUT 44 PERCENT OF IV APPLICATIONS WORLDWIDE. WE KNOW THAT WE WILL LEARN HOW TO IMPROVE THIS PROGRAM OVER THE NEXT FEW MONTHS. WE APPRECIATE YOUR HELP IN REVIEWING THE PROGRAM AS WE ROLL IT OUT, JUST AS WE HAVE GREATLY APPRECIATED THE NUMBER OF YOU WHO HAVE CONTRIBUTED TO THE PROGRAM'S DEVELOPMENT.

26. WE ALL KNOW THAT THE CURRENT WAY WE PROCESS IMMIGRANT VISAS IS GROWING UNTENABLE GIVEN THE DECLINE IN THE LEVEL OF CUSTOMER SERVICE THAT HAS BECOME INHERENT IN THE PROCESS. POSTS HAVE ALMOST EXHAUSTED THEIR MEANS OF AMELIORATING THESE EFFECTS ON OUR CLIENTS AND THOSE INVOLVED IN THE IV PROCESS. POSTS AND OUR CLIENTS ARE STRUGGLING TO COPE WITH THE BURDEN BROUGHT ON BY THE I 864.

27. WE BELIEVE THAT THE FIRST STEPS WE TAKE ON JANUARY 1 WILL MOVE US IN THE RIGHT DIRECTION. AND THIS IS THE BEGINNING, NOT THE END OF OUR EFFORTS. IN CY 2001, CA WILL ESTABLISH A U.S.-BASED CALL CENTER FOR VISA INQUIRIES AND AN "800" NUMBER TO ASSIST PETITIONERS IN PREPARING THE I- 864. VO WILL SOON LAUNCH THE I-864 WEBSITE. WE WILL ALSO INITIATE TALKS WITH INS ON THE POSSIBILITY OF SHARING MORE IV-RELATED DOCUMENTS IN AN ELECTRONIC MANNER. ALBRIGHT

**** **** **** *END **** **** ***

[shuraz]

Implications for 2002

Guys,
Thank you for your posts.

Question: The Memo is dated 12-2000 and refers to changes effective 01-2001.

Are these changes (re 10 alpha posts) remain in effect in 2002, or now all consular posts participate (receive pre-reviewed docs from NVC)? Is there a new cable or memo re that?
Abu said the rules apply to all Indian posts but the memo does not specifically mention that - ?

Thanks!

PS The I-864 does not apply to employment-based IV, does it?
PPS Where can one get the form DS 3032?

[TarunRaje]

Re: 5

To me it looks like there is not much difference for those who have filed their petitions through law firm because they have already designated their agent. So only change for them will be mailing dealy in packet 3 because it will be routed through the lawyer. But on other hand law firm will verify the applications and let you know if you are missing anything in the packet 3. Also, as usual with any new process, there will be initial delay until NVC officials themselves get used to the new procedure.