DOS Clarification on Juarez Processing Consular Cases
Posted Oct 01, 2000
The American Immigration Lawyers Association (AILA) site announced to members, on or about September 20, 2000, that the U.S. Consulate at Ciudad Juarez, Mexico would now be willing to process the employment-based immigrant visa (IV) case of any person, from any country, who has filed for adjustment of status (I-485). On Wednesday, September 27, 2000, attorneys and staff of The Law Office of Sheela Murthy, P.C., attended a meeting with certain key officials of the U.S. Department of State (DOS) and members of AILA. We were advised in this meeting that the information is not accurate. Specifically, DOS confirmed that the statement released earlier by AILA was too broad and therefore incorrect.
A cable notice to all consulates was released on September 27, 2000, and submitted to AILA that evening. AILA distributed the text of the cable to its members the morning of September 28, 2000. In the cable notice, the DOS observes that many people who had I-485s pending with INS grew tired of waiting for the INS to approve the I-485 applications and filed the I-824 to request to have their cases processed abroad at U.S. consulates in their home countries. Unfortunately, the DOS cable continues, it can take a year or more for INS to process the I-824 and for the consulate to open the IV case. In view of this, DOS intends to help clear the backlogs by processing cases when the I-824 remains pending.
Generally, consulates process immigrant visas (IVs) only for nationals of the country where the consulate is located. In certain circumstances, however, a consulate can agree to accept a case from a national of another country. According to the announcement made at the AILA meeting by Guyle E. Cavin, Chief, Post Liaison Division at the Visa Office of DOS, all posts will now accept cases from nationals or residents of that particular country upon receiving the following documents:
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Original approval notice for the I-140,
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A copy of the I-140 package (not required to be certified),
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Receipt notice for an I-824 cable request, and
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Evidence that the applicant last resided in that locality before coming to the U.S.
The cable notification directs consulates to use this new procedure.
Though consulates have always been required to process the cases of people from their districts, they have had discretion regarding whether or not to accept cases of people from other countries. Some consulates have the ability, based upon workload and resources, to take these "discretionary cases," for third country nationals, or "TCNs." Many other consulates have indicated that they are unable to process TCN cases.
The DOS cable still allows consulates the discretion of whether to accept TCN cases, but it encourages them to do so for applicants who present the above documents. (The last item, evidence of location of last residence, would of course not be applicable and is not required.) Consulates also have to be satisfied that the person can legally remain in the host country for the period of time necessary to complete the case. For example, for a TCN case processed in London, the applicant must have a valid U.K. visa and be legally admitted by that country's authorities to visit for the required period of time.
Mr. Cavin indicated at the AILA meeting that Ciudad Juarez has volunteered to process the IVs for some of these cases but, like all consulates, still reserves the right to refuse IV cases based on resource and workload considerations. Because all consulates are now encouraged to take TCN immigrant cases, it is anticipated that many locations in addition to Ciudad Juarez will accept these cases. Consulates that are approached by IV applicants but unable to take on the extra work can inform DOS so that a different consulate can be assigned to take the case.
Please note that the consulate at Ciudad Juarez is NOT specifically mentioned in the cable. The consulate at Ciudad Juarez has long been regarded as one of the most customer service-oriented consular posts and has historically been willing to process large numbers of non-immigrant visa cases for TCNs. Because of that consulate's proximity to the U.S. (it is located just across the border from El Paso, Texas), undoubtedly many TCNs will likely request their immigrant visa cases to be processed there now as well.
Once again, Ciudad Juarez has not unconditionally agreed to take any and all IV cases. It does appear, however, that they will accept as many cases as they can.
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