Close Encounters:

The Visa Interview

Abby Rupp

Department of State Visa Office

Post Liaison Division

NAFSA National Conference

May 28, 2009

Topics to Cover

• Consular Training

• Overview of the Visa Process

• The Interview

• Review/Supervision

• Tips

Who Are Consular Officers?

• Majority of interviewers are

Entry-Level FSO’s (some civil

service)

• Most speak local language

• Range of backgrounds, skills and

experience

• Role of Diplomatic Security Agents

Basic Training

• Mandatory for all officers

• 31 days

• 4 modules (PPT, IV, NIV, ACS)

• 4 exams

• Group lectures

• Case studies and roleplays

• Hands-on computer applications

• Off-site visits

Fraud and Deception

Training

• Document Fraud

• Detecting Deception

– Open-ended questions

– Anomalies

– Person/story/paper

– Does it make sense?

• Post-specific training

The Visa Process:

Overview

• Appointment, Application, Fee

• Fingerprints

• Intake

• Interview

• Decision

• Passback

Close Encounters

(The Interview)

• Average 3-5 minutes

• A conversation, not simply

document review

• Burden of proof is on applicant

• Main section of law: INA 214(b)

– Qualifications

– Residence Abroad

Take Me To Your Leader

• What if you disagree?

• Consular Officers’ authority

• Visa Lookout Accountability

• Supervisory review

• Washington’s role

(aka The Twilight Zone)

Tips

Tell The Truth (it’s out there)

Collect Your Documents

Apply Early (But Not Often)

Don’t Believe the Myths

Questions?

Mock Interviews

CLOSE ENCOUNTERS II: U.S. OFFICIALS DISCUSS INTERVIEWS & INSPECTIONS NAFSA Annual Conference ◦ Thursday, May 28, 2009 ◦ Los Angeles, CA

TRAVEL-RELATED RESOURCES DOS: http://www.state.gov/ Consular Affairs: http://travel.state.gov/ Help with visa denials, delays in issuance, or problems with expedited appointments: 202.663.1225 (8 am – 5 pm ET, M-F), or email fmjvisas@state.gov for F/M/J issues and usvisa@state.gov

for other inquiries Student & Exchange Visitor information: http://travel.state.gov/visa/temp/types/types_1270.html Exchange Visitor Program: http://exchanges.state.gov/education/jexchanges/ J Waiver Information: http://travel.state.gov/visa/temp/info/info_1296.html Foreign Affairs Manual: http://www.state.gov/m/a/dir/regs/ DOS Cables: http://travel.state.gov/visa/laws/telegrams/telegrams_1446.html CBP: http://www.cbp.gov/ Ports of Entry: http://www.cbp.gov/xp/cgov/toolbox/contacts/ports/ Deferred Inspection sites: http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/ DHS TRIP (Traveler Redress Inquiry Program): http://www.dhs.gov/xtrvlsec/programs/gc_1169676919316.shtm Use to file a complaint about any POE issue (i.e., flags, repeated trips to secondary, lookouts); the complaint

will be addressed by Program Managers assigned to the POE where the incident occurred. Inspector’s Field Manual: http://www.millerlawoffices.com/publications/CBP/CBP%20IFM%20Feb%201%202008.pdf FAQs: http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/home.php?p_sid=VsMWsEbj What CAN be fixed at Deferred Inspection sites: electronic record errors ◦ name ◦ DOB ◦ passport # ◦ visa

classification errors ◦ status errors on I-94 ◦ missing stamp on I-20 What CANNOT: POE ◦ Inspector # ◦ country of citizenship ◦ Admission # ◦ carrier ◦ flight #. If the I-94 was lost,

the I-102 must be filed; if no I-94 was issued in the first place, contact your local Deferred office to see if CBP can issue one.

Where to send I-94 that should have been turned in: DHS – CBP SBU 1084 South Laurel Road London, KY 40744 ICE: http://www.ice.gov/ SEVP: http://www.ice.gov/sevis/ I-901 information: https://www.fmjfee.com/i901fee/ NSEERS Information: http://www.ice.gov/pi/specialregistration/index.htm FAQs: http://www.ice.gov/sevis/faq.htm/ Where to send I-515A & supporting documents: Immigration & Customs Enforcement

SEVP I-515A Processing Team Potomac Center North

500 12th St., SW Washington, DC 20536

NAFSA: http://nafsa.org/ Issuenet: http://issuenet.nafsa.org/ Use Get Liaison Help when you need help with a specific case; a Regulatory Ombud will follow up with you by email. Submit information to Report an Issue when you see disturbing policy trends, spot a change in practice

that may be inconsistent with regulations, or encounter a case you feel warrants DOS or CBP HQ’s attention; this will alert ISS-Regulatory Practice Committee members on a national level. Please take the time to use Issuenet; this is the most consistent way for us to assess what’s happening at the consulates and POEs.

NAFSA Adviser’s Manual: http://nafsa.org/am Regulatory Information: http://nafsa.org/regulatory_information.sec Liaison call summaries: http://nafsa.org/regulatory_information.sec/get_sevis_information STEM OPT Updates: http://www.nafsa.org/regulatory_information.sec/29_month_opt_rule_updates Knowledge Community for ISSS: http://nafsa.org/knowledge_community_network.sec/international_student_3 Federal Register: http://www.gpoaccess.gov/fr/index.html Sign up for Federal Register listserv: http://listserv.access.gpo.gov/ Federal Regulations Search: http://www.gpoaccess.gov/cfr/index.html 8CFR214: Nonimmigrant Classes:

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cab75104b7d73e7b6bca9c886cc72455 22CFR: Foreign Relations: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66d79 Compiled by Erika Rohrbach, ISS-RP Travel Subcomm. Member, & Jennifer McNabb, Region VIII Regulatory Ombud ◦ May 2009

Close Encounters II: U.S. Officials Discuss Interviews & Inspections

CAST Abigail Rupp, Deputy, Visa Office, Post Liaison Division, U.S. Department of State, entered the Foreign Service in March 1997. She has served overseas in Chisinau, Moldova (Consular/Commercial Officer, 1998-1999); Accra, Ghana (Political Officer/Immigrant Visa Chief, 1999-2001); and St. Petersburg, Russia (2002-2004, Political/Economic Officer). She then taught at the Foreign Service Institute from 2004-2006. She holds a B.S. in Foreign Service from Georgetown University. She is married to Christopher Misciagno, a Diplomatic Security Special Agent.

Michael Fortson is Chief of the Admissibility Review Unit of U.S. Customs & Border Protection (CBP) at the Los Angeles International Airport. He has overall responsibility for secondary inspections at five international terminals, Deferred Inspections, and the Ontario International Airport. Chief Fortson began with the U.S. Immigration and Naturalization Service in 1978 in New Orleans, LA, and has been with CBP from its inception in 2003. Chief Fortson was assigned to the District Office, seaport and airport operations in New Orleans from 1978 until 1987. Since 1991, he has supervised the Deferred Inspections office and airport operations in Los Angeles.   

Linda Gentile, Interim Director of the Office of International Education at Carnegie Mellon University in Pittsburgh, PA, has worked in the field of international education, primarily as a foreign student and scholar advisor, and been a member of NAFSA for over 20 years. Along the way, she has held a variety of NAFSA volunteer positions and participated in a number of conference sessions and workshops.  

Saundra Hampton  is currently the Associate Director of the Office of International Affairs at Pratt Institute in Brooklyn, NY. She’s been an active member of NAFSA’s Region X for nine years but worked with international students for over 19 years. Saundra is grateful to be on NAFSA’s national stage again. She feels we all need a bit of humor, given the great task of being an International Educator.

Jennifer McNabb, Foreign Student/Scholar Advisor in the Office of International Education at Carnegie Mellon University, has worked in the field of international education for 15 years as an international advisor and ESL instructor. Jennifer currently serves as a Regulatory Ombud for Region VIII and has participated in the Fulbright program in Germany. A member of the Trainer Corps, she has presented sessions at regional and national NAFSA conferences.

Erika Rohrbach is an International Student Advisor at the Fashion Institute of Technology in New York City. A former Region X Regulatory Ombud and NAFSA’s CBP Point Person, she is a current member of the ISS-RP Travel Subcommittee and Region X Chair-Elect. Erika entered the field of international education in 1997 as a registrar evaluating international academic credentials, and prior to that taught English at New York City College of Technology.

Krista D. Tacey  is currently the Director of International Student Services at Texas A&M University, which supports almost 5,000 international students in every visa category. Prior to joining the International Programs Office, she worked as a Foreign Service Officer at the U.S. Department of State, serving in the Consular sections in Prague, London, Bratislava, Hermosillo, Ciudad Juarez and Guadalajara. Krista is happily married and the mother of an amazing toddler who was born abroad and has visited more countries in his first two years of life than she did in her first twenty.