Personal Interview Now Required for Visa Applicants

The Department of State has recently released the final rule that will guide US consular offices on when personal appearance for interview will be required in nonimmigrant visa (NIV) applications.

NIVs allow entry of an alien for a temporary period and for a specific purpose. The most common NIVs are the visitors’ visa for business or pleasure (B1/ B2), student (F, M or J) and working visas (H or L).

The final rule reflects the recent amendments introduced by the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) mandating clearer guidelines for requiring personal interview to NIV applicants.

Prior to the 2004 law, the Immigration and Nationality Act (INA) basically left the issue of waiving NIV personal interviews to be determined by State Department regulations.

Generally, the amendments are already reflected in current State Department regulations. The most noteworthy amendment, however, is the limitation imposed on the consular officer’s discretion to require NIV applicants to appear for a personal interview.

Under the new rule, consular officers must now conduct personal interviews of all NIV applicants between 14 and 79 years old, the same age range covered by the biometrics collection requirement. Under the old rule, interviews were required for persons between 16 and 60 only.

Personal interview may no longer be waived for the following: (1) those applicants who are not citizens or residents of the country where they are applying; (2) those who have been previously denied a visa application; (3) those where their NIV ineligibility was not overcome; and (4) those from countries designated by the State Department as state sponsors of terrorism.

Among the limited exceptions to the in-person interview rules involve cases where the visa was temporarily denied but the denial was subsequently overcome; or where the inadmissibility was waived; or where NIV applicant is eligible for an interview waiver.

As for the NIV applications of foreign diplomats and officials, the personal interview requirement is considered as advisory, according to the AILA report, so as not to impose on the President’s constitutional authority to conduct foreign relations. The final rules, therefore, do not require the personal interview under the 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 and NATO-6 categories, among other diplomatic or official visas.

The wider coverage of the in-person interview requirement is expected to congest busy consulates like the US Embassy in Manila. It would be advisable for NIV applicants to schedule an appointment early to minimize or avert visa processing delay.