STATE DEPARTMENT ENDS DOMESTIC VISA RENEWAL
By: Roman P. Mosqueda, Esq.
The Department of State announced in the Federal Register on June 23, 2004, that it is discontinuing its domestic visa renewal/revalidation service after July 16, 2004.
Affected by the closure are new applications for visa renewal in the E, H, I, L, O, or P non-immigrant categories. The Visa Office of the State Department does not renew B1/B2, C, D, F, J, K, M, N, Q, R, S, T, TN, U, and V visas.
All applications for visa revalidation/renewal in the E, H, I, L, O and P categories and supporting documentation, including any fees, received after July 16, 2004, by its St. Louis processing center (P.O. Box 952099, St. Louis, MO 63195-2099) will be returned to the sender.
But the State Department Revalidation Division in Washington will accept
re-applications in the E, H, I, L, O and P categories following a visa refusal,
under Section 221(g) of the Immigration And Nationality Act, and requests for
corrections in those revalidated visas, through September 30, 2004.
An E, H, I, L, O, or P visa
is issued at a U.S. embassy or consulate abroad that processes
visa applications.
Such a visa could be revalidated
or renewed or reissued in the United States up to July 16, 2004, only if the
alien visa holder had never been out-of-status.
But a visa is needed only for re-entry in the United States.
If you are in the United States on an extended H-1B (or E, I, L, O or P)
status, or on changed H-1B employer, you do not need to revalidate or renew your
visa stamp in the United States.
Your new Form I-94 (Departure Record), based on extension or changed
employer, has been issued by the U.S. Citizenship and Immigration Services,
without you leaving the United States.
You can stay in the United States as long as your new Form I-94 is valid
for the duration of your H-1B (or E, I, L, O or P) extension or H-1B employer
transfer.
And you do not need to revalidate your unexpired visa stamp in your
passport just because you changed your employer, or obtained an extension of
your status.
You can still re-enter the United States with your new H-1 approval with
another employer, or E, I, L, O or P extension, with
the old, but unexpired, visa stamp.
Indeed, the Visa Office of the State Department does not renew or
revalidate a visa to reflect a change of employer, unless the visa will expire
in sixty days or less.
Visa Application Abroad:
If you had entered the United States with a tourist (B-2) visa or a
student (F-1) visa, and you subsequently changed your status to an H-1B, you
cannot send your passport to get an H-1B visa stamp in the United States.
The visa to be revalidated must be in the same category.
Your passport must contain a previous visa bearing the same
classification.
After July 16, 2004, holders of E, H, I, L, O or P status cannot renew
their visa stamp here in the United States.
Instead, they will have to apply for new visas in their home countries. But applicants not willing to travel to their home countries
may apply at a United States visa processing post in Canada or Mexico or in a
third country, provided they have made an interview application.
Information
on the interview appointment system at visa processing posts abroad is found at http://usembassy.state.gov.
According to the State Department, visa processing posts abroad would be
giving priority to applicants who would have benefited from the discontinued
domestic visa revalidation service.
The reason given for the discontinuance of the domestic visa revalidation
service is that it is not feasible for the State Department to collect the
biometric indicator (fingerprints) from all
visa applicants no later than October 26, 2004, as mandated by Section
303 of the Enhanced Border Security and Visa Entry Reform Act.
Refusals of Visa Revalidation:
Under Section 221(g) of the Immigration and Nationality Act (Act) [8 USC
§1201(g)], no visa or other documentation shall be issued to an alien,
if:
1.
it appears to the consular officer, from the application or in the papers
submitted therewith, that such alien is ineligible to receive a visa or other
documentation;
2.
the application fails to comply with the provisions of this Act or the
regulations; or
3.
the consular officer knows or has reason to believe that such alien is
ineligible to receive a visa or such documentation.
Thus,
the Visa Office will refuse a revalidation application, pursuant to Section
221(g) of the Act, for any of the following reasons:
1.
the visa applications (Forms DS-156-157) are not properly completed;
2.
defective visa photograph;
3.
nonpayment of required reciprocity fee, in addition to the $100 visa
processing fee;
4.
passport expiring in less than 6 months; and
5.
filing of application more than 60 days before expiration of current
visa, or more than one year after the expiration of the previous visa, among
other reasons.
Only
visa applicants, who had received a refusal letter from the Visa Revalidation
Division under Section 221(g) of INA, stating that they could re-apply,
can file their re-applications, up to September 30, 2004.
A
new and complete application packet (with a new completed and signed DS-156,
with current photograph, and DS-157, if applicable) must be resubmitted, without
new filing fee.
All visa reissuance requirements will remain in effect until
September 30, 2004. Consult the following website: http://travel.state.gov.,
or call the Visa Revalidation Division’s Chief Jane Tannenbaum at
telephone: (202) 663-3211.
Requests For Corrections:
If your E, H, I, L, O or P visa was revalidated or renewed by the Visa
Office in the United States, but contains incorrect information, you have up to
September 30, 2004, to send it back for correction to: CA/VO/P/D, Visa Office,
Department of State, 2401 E Street, NW, Washington, DC 20522-0106.
There is no fee for this service to correct error(s) in information.
And placing the word “CORRECTION” on the front of the envelope would
ensure expeditious service.
The following documents should be sent:
1.
the passport with revalidated visa;
2.
a letter explaining what needs to be corrected;
3.
one completed Visa
Application (DS-156), with a current photograph; and
4.
one completed Supplemental Visa
Application (DS-157) for a male applicant between 16 and 45 years old.
Requests
for correction receive priority service, with an announced turnaround of
approximately five working days.
In the ultimate analysis, the war on terrorism, a response by Pres. Bush to the September 11, 2001 attacks, and the repressive reaction thereto by Congress have curtailed some of the liberties and privileges of, and services to, citizens and aliens in the United States.
The discontinuance of domestic
visa renewal to aliens is such restraint in the name of national security.