DOS Secretary to Consulates : Proper Use of Visa Referrals Posted Apr 27, 2001 On March 15, 2001, U.S. Secretary of State Colin Powell issued a cable message to consulates about the integrity of the "visa referral system." The visa referral is a method whereby a consular officer can recommend that a particular person be issued a visa. It is important to have a consistent, coordinated system for this process to prevent fraud or abuse. If visa referrals are not adequately monitored and do not follow set guidelines serious problems can arise. In contrast, when the system is used properly, it can serve U.S. interests and also save time and resources. Therefore, Secretary Powell directs the consulates' attention to guidelines, including criteria for referrals, sample referral letters, and other instructions that are included in the U.S. Department of State (DOS) guidebook known as the FOREIGN AFFAIRS MANUAL. The cable also reminds posts that the referral can be made only by an embassy officer, not by other types of employees. If it is a "Class A" referral, meaning that the person will not have to be interviewed, the referral must be on behalf of a person who is known to the consular officer and whose travel would be in the national interest of the U.S. It may also be necessary for a post to have a "Class B" referral system for persons who may not meet the national interest test or may not be known to the officer. For example, a person may be an important contact of another employee at the consulate, or may be known to the officer but the trip is not connected to the national interest. Class B referrals would not be able to obtain a waiver of the standard interview process. Secretary Powell stressed the importance of setting guidelines for Class B referrals, to avoid being inundated with requests. The particular consulate may want to develop a specific set of criteria. The cable concludes by reminding posts that a referral does not guarantee issuance of a visa. It is necessary for all applicants that a consular officer to make a determination of the person's eligibility under the law. © The Law Office of Sheela Murthy, P.C.
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