Consular Tips : AILA June 2005 Conference Update
Posted Jul 08, 2005
©MurthyDotCom
Practical tips are good to have in any situation. Good legal advice extends not only to the wording of the law, but also to real life application and procedures. For that reason, some handy, practical tips have been collected from knowledge we gained at the 2005 American Immigration Lawyers Association (AILA) National Conference. This information on applying for visas at various U.S. consulates abroad has been compiled especially for our MurthyDotCom and MurthyBulletin readers.
©MurthyDotCom
Canada
©MurthyDotCom
The U.S. Consulates in Canada still process visa applications for Third Country Nationals (TCNs). According to our latest information, however, Montreal does not have any open appointments for TCNs for the rest of this summer (2005). Applicants in Canada should be aware that they no longer provide same-day issuance of visas. They should plan their trips to Canada with this in mind. The process will take at least two to three days from application to receipt of the passport with visa, if the consulate decides to issue the visa. Many applicants may need a visa to enter and stay in Canada. It is important to check the Canadian immigration rules before trying to enter Canada for a consular interview.
©MurthyDotCom
Setting the Visa Appointment
©MurthyDotCom
The first step towards trying to get a visa is setting up an appointment. Each consulate should have the exact process described in detail on its website. These websites are all accessible through the U.S. Department of State (DOS) WebSite. Many consulates are quite backlogged with visa appointments. It is necessary to plan several months in advance, at least. There is a memo directing consulates to identify business travelers with an urgent need to travel and to develop procedures to process their requests in a timely fashion. Not all consulates, however, are treating this memo as a directive. Other consulates simply do not have the resources to provide interviews on short notice. Efforts are being made to resolve this problem, but consulates are limited by their staffing and physical capacity. Further complicating this problem is the fact that certain functions that could previously be performed at the consulate by local (non-U.S.) citizens, now must be carried out by U.S. citizens.
©MurthyDotCom
Security
©MurthyDotCom
Security at the consulates is tight. Whether a person is even going to be allowed in the door depends, in part, upon what s/he chose to bring on that day. Common sense would be sufficient for most people to know not to carry any sort of weapon, knife or other typical sharp object that is not allowed on planes. Less obvious is the prohibition against electronic devices. Obvious items are cell phones, Blackberries, PDAs, iPods, laptops and the like. A less obvious item is the electronic keyless entry used for many vehicles. These items need to be left behind or with a person who is waiting outside the consulate. No food or drink is allowed. So, it would be best to have had a hearty meal prior to the appointment, as the wait can extend for several hours at least. Even bottles for babies may be limited to one. Other, less obvious items that can cause one to be refused entry are creams, makeup and lipstick. So, leave the beauty products and other creams or ointments behind. Do not expect the security guard to hold these items. After waiting for months for an appointment, no one wants to be turned back at the door.
©MurthyDotCom
Local Person
©MurthyDotCom
The application may be reviewed first by a local Foreign Service person. Though these individuals no longer have the power to adjudicate, they can be instrumental in determining whether the case gets to the final decision-making consular officer. So, it is best to be cordial and professional with the local person to try to get the case forwarded for a decision.
©MurthyDotCom
Consular Officer
©MurthyDotCom
The consular officer is the decision maker and the time s/he has is usually very limited. Answer the questions briefly, directly, and honestly. One should not give convoluted, long-winded, complex explanations of everything that has ever happened in one's history. Applicants will be fingerprinted and get a ticket in exchange for leaving their passports. The processing time for the return of the passport, hopefully with the desired visa, depends upon the consulate. Some have a one-day turn around, while others take at least a few days. Obviously, cases can be held up much longer when there are additional security checks required or other matters that need to be resolved.
©MurthyDotCom
Conclusion
©MurthyDotCom
We have provided tips and ideas about consulates to our MurthyDotCom and MurthyBulletin readers in the past; particularly those specific to the U.S. Consulate at Chennai, India. These have generally covered the nature of the documentation to be submitted in certain cases. This overview, however, should help our readers to understand the framework of security-related issues at consulates and how to behave appropriately and with candor towards all consulate staff members.