Visa Revalidation : Update for "Additional Review" Cases
Posted Aug 02, 2002

The U.S. Department of State (DOS), through Bill Bent, Chief, Diplomatic Liaison Division, issued some additional guidance and instruction regarding visa revalidations through DOS, in light of the increased security procedures. Regular MurthyBulletin and MurthyDotCom readers are familiar with the reissuance / revalidation process. Those who would like to read more are referred to our articles, H1B : Reissue - Revalidate from the U.S., (which contains the basic instructions for the process as well as a link to the official government website on the subject); Visa Revalidation Progress; and Visa Reissuance : Avoid Rejection.

The DOS states that, in order to obtain a reissued visa, the case must be "clearly approvable." This requirement means that, if there are any issues or questions regarding appropriateness of the new visa, DOS will return the application and passport and instruct the individual to apply from outside the U.S. at a consulate. Those cases from the list of 26 countries subject to "special processing" will be reviewed on a case-by-case basis and are not automatically rejected. According to DOS, the "list of 26" check takes approximately 24 days and is determined by nationality / citizenship, gender, and age. If this check is required, the case can still be processed within the U.S., unless information arises warranting further review.

A different type of check, known as "Visas Condor," can be triggered by Form DS-157. This Form is required of all males between the ages of 16 and 45, regardless of nationality. If there is a "hit" as a result of this check, one would have to make a new application from outside the U.S. In such a case, the applicant would receive a letter with instructions reading, "Under Existing Guidelines, your application may need further processing at an American Embassy outside the United States."

Applications that are temporarily refused for other reasons, such as lack of documentation, would be returned in full with a letter indicating the deficiencies. In such a case, the passport would not be stamped with the notation of "Application Received" because no determination has been made regarding the person's eligibility. However, the fact that one has applied must be revealed on subsequent visa applications. In contrast, if one were found to be ineligible, the visa then would be refused on substantive grounds. For substantive refusals, the passport would carry an "Application Received" stamp. This procedure within the U.S. differs from that from outside, in which the "Application Received" is notated in the passport even in simple instances of insufficient documentation.