DOS Final Rule on Possible Waivers of Nonimmigrant Interviews
Posted Dec 22, 2006
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The U.S. Department of State (DOS) published a final rule in the Federal Register on December 18, 2006 listing those who may be eligible to obtain a waiver of the personal interview at the consulate when applying for their nonimmigrant visas (NIVs). This list includes the very young, older visa applicants, diplomatic visa applicants, and certain others. The DOS list also outlines those who are required to have personal interviews. Among them are individuals with possible security concerns and those belonging to states considered sponsors of terrorism against the United States.
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Possible Exceptions from the Mandatory Personal Interview
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The final rule provides that the following may be exempt from personal interview requirements for nonimmigrant visas.

  • children under age 14

  • persons over age 79

  • individuals seeking A-1, A-2, C-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6 classifications

  • those applying for a diplomatic or official visas

  • applicants within 12 months of the expiration of their previously-issued visas, who are seeking reissuance of nonimmigrant biometric visas in the same classification at the consular post of their usual residences, and for whom the consular officers have no indication of visa ineligibility or of noncompliance with U.S. immigration laws and regulations

  • those for whom waivers of personal appearance are warranted in the national interest or because of unusual circumstances

Those for Whom Personal Interviews are Mandatory

By contrast, the following must always have personal interviews.

  • applicants who are not nationals or residents of the countries in which they are applying, unless applying for A, C, G, NATO, diplomatic, or official visas listed above

  • applicants who were previously refused visas, are listed in CLASS, or who require  Security Advisory Opinions (unless their visas were issued temporarily and the refusals were subsequently overcome, the applicants were found inadmissible but their inadmissibilities were waived, or they are applying for the A, C, G, NATO, diplomatic, or official visas listed above)

  • applicants from countries designated as state sponsors of terrorism (unless the applicants are applying for the A, C, G, NATO, diplomatic, or official visas listed above)

Even if one's interview may be waived, this does not mean that the waiver is automatic. Therefore, a traveler who needs to renew a visa should still build a few days into the travel plans in case a personal interview is needed.
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 This list is similar to the rules issued soon after September 11, 2001, which some long-time MurthyDotCom and MurthyBulletin readers may recall. At that time the DOS greatly limited the personal appearance waiver for consular interviews. The final rule makes changes that are consistent with other parts of the law. Since the majority of people do need personal interviews, the final rule changes may go unnoticed for many.
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