STATE DEPARTMENT AMENDS RULES TO REQUIRE MORE VISA INTERVIEWS

The State Department regulations were recently revised to require more personal appearances at US consulates for nonimmigrant visa applicants.  The rules allow a waiver of an interview only when the visa applicant presents no national security concerns requiring an interview and meets one of the following criteria:

1. Is a child 16 years of age or under;
2. Is a person 60 years of age or older;
3. Is within a class of nonimmigrants classifiable under the visa symbols A-1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6 and who is seeking a visa in such classification;
4. Is an applicant for a diplomatic or official visa as described in sections 41.26 and 41.27, respectively;
5. Is an applicant who within twelve months of the expiration of the applicant's previously issued visa is seeking re-issuance of a nonimmigrant visa in the same classification at the consular post of the alien's usual residence, and for whom the consular officer has no indication of visa ineligibility or noncompliance with U.S. immigration laws and regulations; or
6. Is an alien for whom a waiver of personal appearance is warranted in the national interest or because of unusual circumstances.

Further, applicants who meet any of the following criteria will always have a personal interview: 

• Do not reside in the consular district where they are making application;
• Were previously refused visas (unless the refusal was overcome);
• Are the subject of a CLASS hit, or require a security advisory opinion or other Department clearance (exceptions can be made for A and G visas); or
• Are identified by post as belonging to a group or sector of its visa clientele representing a high fraud risk, high refusal rate, or a security threat.

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