Consular officer can waive personal interview

For many years, all applicants for nonimmigrant visas (NIVs) were required to make a personal appearance and be interviewed by a consular officer at the US Embassy.

Recently, the US Department of State finalized regulations allowing a waiver of interviews of some categories of visa applicants.

Michelle, for example, resides in the Philippines and is the mother of two minors. Michelle’s mom is a US citizen who she has visited every so often in the past. This year, Michelle wants to take her son, 13, and, her daughter, 15, to visit their grandmother in California and enjoy Disneyland during their summer vacation.

Michelle already has a B-2 NIV, but her visa  expired a year and a half ago. For both her  son and daughter, it will be their first time to apply for a B-2 visa.

What are the procedures in applying for the renewal of Michelle’s B-2 visa? Is it different for the new applications of her son and daughter?

Interview waiver program

Under the new rules, the procedures in applying for a tourist visa will vary for Michelle and her two children. While they each need to meet the general requirements for a tourist visa, Michelle and her son are eligible to have their in-person interview waived.

In January 2012, the Department of State introduced a two-year pilot program known as the Interview Waiver Program (IWP). Under the IWP, the in-person interview requirement for certain NIVs may be waived.

This pilot program is one of the cornerstones of President Obama’s initiative to improve and speed up the visa process for certain categories of travelers to the United States. On Jan. 14, 2014, the IWP was made permanent.

Several countries participated in the two-year pilot program, among them India, China and Mexico. However, the US Embassy in the Philippines did not participate in the program.

Conditions for waiver

Under the IWP, NIV applicants may have their in-person interview waived if certain conditions are met. The in-person interview may be waived based on age. Thus, applicants who are under the age of 14 or over 79 may have their interview waived if they are applying in the consular district of their normal residence.

In addition, IWP permits nonimmigrant applicants, whose visa has expired within one year, to be eligible for a waiver if they (1) are seeking renewal of the visa in the same classification; (2) are applying in the consular district of their normal residence; and (3) have completed biometrics.

With some exceptions, the in-person interview waivers are also available to applicants whose visas have expired between 12 and 48 months ago. However, these applicants are subject to random interviews.

Under the IWP, consulates must randomly interview a minimum of 1 percent of applicants who are seeking visa renewal.

Consular officer’s discretion

While IWP has made the NIV renewal application process faster and more efficient, it is important to remember that eligibility for the in-person interview waiver does not automatically entitle any NIV applicant to a waiver of personal appearance.

Consular officers still have substantial discretion in deciding to waive the in-person interview requirement. Consular officers must interview any applicant whom they find is a person of concern, regardless of age, if there is any hint that the person poses a high threat to US security or is from a high-fraud area.

High-fraud posts

The Philippines is considered a high-fraud post, but hopefully, consular discretion to waive interviews will be applied according to guidelines provided under the IWP. After all, there are countries that are also designated high-fraud posts but are currently participating in this program. If the US Embassy in Manila decides to apply the guidelines as described in the  waiver program, Michelle will be eligible for it because she is seeking the renewal of her B-2 visa, which expired within the 12-to-48-month period.  Her son will also be eligible for the in-person interview waiver because he is under the age of 14, even though it is his first application.

However, the daughter is not eligible for the waiver and will need to be interviewed, because she is over the age of 14 and this is her first time to apply for an NIV.

In the event that the waiver of the interview is granted, it does not change the requirements and standards of existing regulations with regard to security checks, visa classification, number of entries and validity of visas.

(Atty. Lourdes S. Tancinco may be reached at [email protected] or at 7211963, or visit her website at www.tancinco.com.)