Consular Work

Disclaimer: This post does not represent the official views of the U.S. Government (USG).

Last week my my first week on the immigrant visa line without any assistance.  I was fortunate to receive a generous amount of training from experienced locally engaged (LE) staff and other officers over the past seven days and I feel extremely lucky that they are so patient with my continual questions.

The consular section is chiefly responsible for protecting and assisting U.S. citizens living or traveling abroad and it also adjudicates visa applications and petitions.  The American Citizens Services (ACS) Section handles the former while the Immigrant Visa (IVO) Section and Non-Immigrant Visa (NIV) Section handle the latter.

As you can probably guess, there are two basic types of visas: non-immigrant and immigrant.  Non-immigrant visas encompass many specific types, but for simplicity its best to break them down into three types: tourist, student, and business.  These visas grant the bearer the right to travel (but not to enter) to the United States for a particular reason (usually sightseeing/visiting relatives, studying, or conducting business, but can also transiting or conducting missionary work, among other activities).  Travelers present their passport and their visa (if required) to Customs and Border Protection (which is part of the Department of Homeland Security) at the port of entry to gain entry into the United States.  They usually allow the bearer access, but they are not required to if they have a reason to believe the traveler is no who he says he is or may harm U.S. interests.  NIVs are usually issued for a set period of time and permit multiple entries into the country.  Regardless of how long the visa is valid for, it is temporary and bearer must return to his country of origin unless he applies for an adjustment of status with the United States Citizenship and Immigration Services in the United States (USCIS).

By contrast, immigrant visas are designed for people who are seeking to reside and work in the United States permanently.  There are three types of immigrant visas that require a person or organization to petition the government to allow the principal applicant admission to the United States on a permanent basis: 1) immediate relative (reserved for U.S. citizens) and family (reserved for legal permanent residents (LPR) already in the United States) sponsored, 2) employer sponsored, and 3) special (Iraqi/Afghan translators and/or employees of the USG and religious workers).  There is also a diversity lottery that one can apply for that does not require a sponsor in the United States already.

In Haiti most of the immigrant visa petitions come from U.S. citizens or LPRs.  The petitions are submitted to USCIS with the required documents.  In general these documents must demonstrate the petitioner is permitted to reside and work in the United States permanently and have a bona fide biological or marital relationship.  The first requirement is usually done by proving citizenship or status as a legal permanent resident.  (Note: persons in the United States on NIVs, even long-term NIVs, cannot petition for their family to come to the U.S. on immigrant visas.  Likewise Haitians cannot bring family members to the country even if they have Temporary Protected Status).  The second is usually done with extracts (official copies) of birth certificates and marriage certificates and any other resources that demonstrate a "real" relationship, like a series of photos over an extended period.  There is no fool proof way to prove that a relationship is bona fide.  In just two weeks, I've already seen documents forged, photos staged, and perfunctory money transfers, but I was able to ascertain that the relationship was for the purposes of circumventing immigration law by looking at subtle clues during the interview with the applicant.   In time, one begins to get a pretty good idea of what real relationships in Haiti (or wherever one serves) look like. 

This past week I interviewed a couple (the petitioner and the principal applicant) and they could not agree on their engagement date.  To make their relationship appear real, they took to excessive public displays of affection while I was reviewing their documents.  I also reviewed a case where the applicant had memorized all the relevant information, but I was still able to determine the relationship was solely for immigration purposes due to good notes from previous officers.

Fortunately it's not all negative.  I find it very rewarding to issue visas to good candidates.  While part of me wishes I could issue visas to everyone who yearns to breath free and I'm impressed at the courage would be immigrants demonstrate when they attempt to come to the United States illegally,  my job is to represent American interests by applying the Immigration and Nationality Act (as amended) to the best of my ability.  (The Wikipedia page is far more interesting than the text of the Act itself).

For a more colorful commentary on immigration, check out the noted futurist Dave Poole's article on the next boogyman here.