Consular Processing for T and U Nonimmigrant Status: Questions and Answers, Part II

Consular Processing for T and U Nonimmigrant Status: Questions and Answers, Part II

Q6. What should derivative family members do when they arrive at the U.S. Embassy or Consulate for an interview?

A6. Overseas derivative family members should enter the U.S. Embassy or Consulate with other visa applicants and clearly indicate that their appointment is for a T or U nonimmigrant visa. DOS strongly recommends they bring a copy of the online submission of Form DS-160 and the USCIS notice of the T or U application or petition approval to the interview to avoid potential processing delays. A consular officer will ask a series of questions to determine eligibility to obtain a T or U visa to enter the United States. The officer may request that additional information be mailed, or be hand-delivered, if a second interview is scheduled.

Q7. Overseas family members can receive a waiver for a ground of inadmissibility, if USCIS approves Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. However, DOS sometimes discovers additional grounds of inadmissibility for family members with approved Forms I-192. When this occurs, what must these overseas family members do to enter the United States?

A7. The approved Form I-192 in conjunction with an application or petition for T or U nonimmigrant status waives only the inadmissibility ground(s) listed on the Form I-192. If additional inadmissibility grounds are found by the consular officer or stated during the consular interview, the overseas derivative family member will not be allowed to enter the U.S. unless they are able to waive the inadmissibility ground(s) by filing a new Form I-192 with USCIS. If the new Form I-192 waiver is approved, USCIS will notify the overseas derivative family member and the DOS of the decision. It will again be the responsibility of the overseas derivative family member to schedule an appointment with the U.S. Embassy or Consulate to continue with their consular processing.

Q8. Can DOS request that an overseas derivative family member provide DNA test results —or any other evidence or documentation—before they may receive a T or U nonimmigrant visa?

A8. Yes. DOS, through the consular interview process, may request any and all evidence that is deemed necessary to determine if an overseas derivative family member is eligible for a T or U nonimmigrant visa. This may include DNA test results to establish family relationships and any other evidence needed to address ineligibility issues raised during the consular interview.

Q9. What can a principal T or U nonimmigrant in the United States do if overseas derivative family members are told when they arrive for an interview at a U.S. Embassy or Consulate that DOS has no information or evidence from USCIS on their approved application or petition (e.g. derivative T or U nonimmigrant petition or Form I-192 waiver)?

A9. If a T or U nonimmigrant application or petition is approved, USCIS will notify DOS of the decision. If DOS tells the overseas family member that no evidence of an approval has been received, the attorney, representative or principal T or U nonimmigrant should contact USCIS, either (please choose only one):

               By email at hotlinefollowupI918I914.vsc@dhs.gov or

               By phone at 802-527-4888.

When you contact USCIS for this reason, please:

               Provide the derivative family member’s name, "A" number and receipt number, and

               Describe the problem.

USCIS sends all information relating to an approval of T or U nonimmigrant status directly to the DOS to upload into the electronic database used by every U.S. Embassy and Consulate. Overseas family members can also avoid delays by bringing their USCIS approval notice to the interview.

Q10. Where can I find more information on specific U.S. Embassies or Consulates? (Information such as office hours, scheduling an interview, and what a derivative family member should bring to the interview?) Who can I contact if there are issues with consular processing?

A10. This information and more is available on the DOS website at www.usembassy.gov. If, after contacting the U.S. Embassy or Consulate, there are issues with an overseas derivative family member’s case, call the Department of State’s public inquiries line at 202-663-1225.

Consular Processing for T and U Nonimmigrant Status: Questions and Answers, Part I

Consular Processing for T and U Nonimmigrant Status:

Questions and Answers, Part I

Q1. What should family members overseas do when they receive a notice from USCIS instructing them to report to the nearest U.S. Embassy or Consulate to have fingerprints taken?

A1. They should contact the nearest U.S. Embassy or Consulate directly using the information provided on the U.S. Embassy’s or Consulate’s website at www.usembassy.gov. When contacting the U.S. Embassy or Consulate, they must indicate that the fingerprint appointment is for a derivative T or U nonimmigrant visa.

Q2. How do family members overseas complete consular processing to enter the United States once they receive USCIS approval of a derivative T or U nonimmigrant application or petition?

A2. After receiving notice from USCIS that their derivative nonimmigrant application or petition has been approved, overseas family members must contact the nearest U.S. Embassy or Consulate to schedule an interview to receive a T or U visa. This step is required before the overseas family members can process into the United States. To find the nearest U.S. Embassy or Consulate and detailed information about nonimmigrant visa processing, overseas family members should visit www.usembassy.gov.

Q3. Will DOS contact overseas family members to schedule their appointments for an interview at the U.S. Embassy or Consulate?

A3. No. Once overseas family members receive their USCIS approval notice of derivative nonimmigrant status, they must contact the nearest U.S. Embassy or Consulate to schedule an interview to receive their T or U nonimmigrant visa. USCIS and DOS are not responsible for contacting applicants to schedule this interview.

Q4. Will overseas family members receive the T or U nonimmigrant visa at this interview?

A4. No. U.S. Embassies or Consulates generally require 48 hours to process a visa after the interview, and will then mail the passport and visa to the overseas family members. This time period can be lengthened if, based on the interview, it is found that applicants will require additional evidence for processing. Remember that the U.S. Embassy or Consulate determines whether an overseas derivative family member is eligible to receive a visa to enter the United States, and can take action that results in the visa being denied.

Q5. What DOS visa application form must approved T or U nonimmigrant overseas family members submit to the U.S. Embassy or Consulate?

A5. Overseas derivative family members must submit DOS Form DS-160, Online Nonimmigrant Visa Application, to apply for a T or U nonimmigrant visa. Most U.S. Embassies and Consulates require that the Form DS-160 be filled out before the overseas family member can make an appointment for an interview, although the process may vary at certain locations.

Please visit www.usembassy.gov for specific information on that U.S. Embassy or Consulate. The Form DS-160 can be found online at http://ceac.state.gov/genniv/. The Form DS-160 must clearly state the request for derivative T or U nonimmigrant visa.

Consular Processing for T or U Nonimmigrant Status

Introduction

USCIS provides immigration relief to victims of various crimes—including domestic violence and human trafficking—by granting one of two forms of relief: T nonimmigrant status and U nonimmigrant status.

Principal victims granted T or U nonimmigrant status may additionally apply or petition USCIS on behalf of overseas family members for derivative T or U nonimmigrant status so that these family members can join them in the United States.

Before family members of principal T or U visa holders can enter the United States, they must first undergo processing with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate to obtain a T or U visa abroad. This is known as consular processing.

USCIS will decide on the basis of the application or petition filed by the principal T or U nonimmigrant status holder whether an overseas family member qualifies for derivative T or U nonimmigrant status. DOS will then separately determine that family member’s eligibility to receive a visa in order to enter the United States.

Definition of a Derivative Family Member

A T or U nonimmigrant derivative family member is someone who may be eligible for a T or U visa because of their family relationship with the principal victim. If a principal victim receives T or U nonimmigrant status, a family member may "derive" their status from their family relationship with the principal. See INA 101(a)(15)(T)(ii) and INA 101(a)(15)(U)(ii).

For Whom Can A Principal Victim Apply on Behalf of?

If the principal victim	They may apply on behalf of
Is under 21	A spouse, child, parent, or unmarried sibling under 18.
Is over 21	A spouse or child
Is eligible for a special T visa principal category in which family members face a present danger of retaliation	A parent or sibling under 18

Overall Process for Overseas Family Members

1. The T or U principal (the primary victim of the crime) applies or petitions with USCIS on behalf of the overseas family member for derivative T or U nonimmigrant status, using either:

               For T nonimmigrant status, Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient, or

               For U nonimmigrant status, Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient.

2. USCIS sends a fingerprint notice for the overseas family member to the attorney, representative or principal T or U nonimmigrant in the United States (as supplied on the form).

3. The overseas family member contacts the appropriate U.S. Embassy or Consulate to schedule an appointment for fingerprinting. Depending on the location, either Department of Homeland Security (DHS) or DOS will conduct the fingerprinting.

4. The department that conducts the fingerprinting sends the fingerprints to the USCIS Vermont Service Center.

5. USCIS adjudicates (approves or denies) the application or petition for derivative T or U nonimmigrant status.

6. If approved, USCIS sends notice of approval to the attorney, representative or principal T or U nonimmigrant (as supplied on the form) and to DOS.

7. The overseas family member schedules an interview with DOS at the nearest U.S. Embassy or Consulate to apply for their visa in order to enter the United States. It is the responsibility of the family member, and not DOS, to schedule an interview. The overseas family member should not wait to be contacted.

8. DOS interviews the overseas family member. This step may take several visits and further evidence. It then approves (if applicable) a T or U visa.

9. Following the approval, DOS sends the visa to the overseas family member.

10. The overseas family member makes travel arrangements to enter the United States on their derivative T or U visa.

Office of Visa Services - Consular Processing Questions

Who We Are - Office of Visa Services

The Office of Visa Services, in the Consular Affairs Bureau, Department of State provides several functions:

• We serve as liaisons with the Department of Homeland Security
• We serve as liaisons between the Department of State and embassies and consulates abroad on visa matters
• We interpret visa laws and regulations, and act as a point of contact for the public

When to Contact Us vs. Department of Homeland Security (DHS)
Defining the different roles and responsibilities of the Department of Homeland Security and the Department of State can be confusing. We hope this information will assist you:

Contact the Department of State, an embassy or consulate abroad with questions about U.S. visas, including application, the status of visa processing, and for inquiries relating to visa denial.

Visa Services, Public Inquiries can usually explain what aspects of immigration law and regulation are applicable in certain cases, and can also check the current status of a particular case, if processing has been delayed.

Department of Homeland Security is responsible for the approval of all immigrant and nonimmigrant petitions, the authorization of permission to work in the U.S. , the issuance of extensions of stay, and change or adjustment of an applicant's status while the applicant is in the U.S.

Questions about these matters should be referred to the US CIS district office having jurisdiction over the applicant's present or future place of domicile in the United States.

How to Contact Us - Office of Visa Services

Visa Information and Assistance - The recommended first source of information regarding visa matters is our internet site at http://travel.state.gov . For overview visa information see Destination USA .
Contact the Department of State, an embassy or consulate first with inquiries through the Internet at http://travel.state.gov/travel/tips/embassies/embassies_1214.html.
Contacting Visa Services - Information is available to the public by telephone at the Visa Services, Public Inquiries Division at (202) 663-1225. The telephone number provides the caller with a selection of pre-recorded information and the ability to talk to a visa specialist during business hours. Persons desiring information about a specific visa applicant are advised that immigration law provides specific prohibitions about providing case specific information to third parties. Before calling with a visa inquiry, we request that you carefully review this website and also the Embassy Consular Website abroad. NOTE: When making a visa inquiry, Public Inquiries Division prefers that you contact us by telephone or e-mail. The Public Inquiries Division is not able to accept visa inquiries by Fax.
Important Telephone Numbers and E-mail Addresses
For inquiries about visa cases and the application process call: 202-663-1225.
To e-mail the Visa Office for general information, write us at usvisa@state.gov .

For inquiries by U.S. companies and organizations needing business (B-1) visitor visa information only, e-mail: businessvisa@state.gov or call: 202-663-3198.
For inquiries about F-1 or M-1 student visas, or about J-1 exchange visitor visas, please contact our Student/Exchange Visitor Visa Center at: fmjvisas@state.gov.

For information about pending applications for Waiver of Foreign Residence Requirement, applicants should see the online J waiver status .
To reach the National Visa Center (Immigrant visa inquiries) call: 603-334-0700 or e-mail: NVCINQUIRY@state.gov.
To reach the Kentucky Consular Center (Diversity Visa inquiries) call : 606-526-7500