Marian was a holder of a visitor’s visa. She travels to the United States every year and stayed no longer than one month each time except in 2008. During her 2008 visit, her former classmate in high school influenced Marian to stay in the US for a longer period. Marian’s classmate helped her file an application for extension of her visitor’s visa beyond the 6 months that was authorized to her.
Three months after filing the application, Marian unfortunately received a denial of her request for extension of stay. Thus, she left the United States a week after receiving the denial. In 2009, Marian returned to the United States again but was denied entry by the CBP inspector at the port of entry. She was forced to withdraw her application for admission to the US and instead returned on the next flight back to Manila. Marian had a traumatic experience at the airport and never attempted to return to the United States thereafter.
Last week, Marian heard about the U.S. Embassy’s new procedure for reissuance of visas without an interview. Her visa expired in December 2010 and she wants to renew her visa under the new program of the U.S. Embassy. She wants to travel back to the U.S. to visit her brother who just suffered a stroke. Will Marian be able to obtain a renewal of her passport under the Visa Re-issuance Program? What are her chances of having her visa renewed?
“Dropboxing” the Passport
Many years back, the nonimmigrant visa unit of the U.S. Embassy in Manila had a process of renewing the expiring non-immigrant visas through a process known as “dropbox”. This process was actually a visa re-issuance without undergoing an interview. Later, however, the heightened security requirements on all visa applicants plus the fact that Manila was classified as a “high-fraud” post, this practice of ‘dropboxing’ was suspended.
Early this month, a press release was issued by the U.S. Embassy in Manila regarding the establishment of a Visa Re-issuance Program (VRP). While this new program is somewhat similar to the former process of ‘dropboxing’ to renew the visas, the VRP is different in many ways.
Renewing Under the VRP
The Visa Reissuance Program (VRP) expedites visa renewals for Filipino visa applicants who have previously been issued multiple entry (B1/B2 tourist) visas to the United States valid for five (5) or ten (10) years. This is great news for qualified Philippine visa renewal applicants because these applicants will be given priority appointment dates. An interview with a consular officer will not normally be needed. Applicants will only need to pay the regular visa fee of $140, submit Form DS-160 with their valid passport and 2 photos, and then schedule a VRP appointment, where they will have their application screened and have their fingerprints taken. Once completed, applicants can expect to receive their passport with a new U.S. visa within one week of the successful application.
The VRP appointment to be made by the applicant will generally be for security clearance. There is an important reminder that is stated in the press release of the U.S. Embassy that the consular officer reserves the right to interview an applicant. This means that not all those taking advantage of the VRP will be relieved of the regular interview process. If the consular officer decides to interview, the applicant will be contacted two days prior to the appointment date.
Applicants With Past Visa Violations
The consular guidance provides eligibility requirements in the form of questions. An applicant for re-issuance must answer “yes” to all nine (9) questions. Most of the questions are general in nature but what is important to note are questions relating to “inadmissibility”. These are question numbers 5 through 8.
Nothwithstanding a grant of an extension of stay or change of status, an applicant is disqualified from using the VRP if there is a prior stay of more than six months in the U.S. This extended stay, even if it is legal, requires a determination of whether or not the applicant engaged in an activity that is beyond the purpose of prior admissions. The consular officer is bound to determine if there was any unauthorized activity while the applicant was in the United States for those periods exceeding six months.
Being refused a visa in the last twelve months is also a disqualification ground under the VRP. The expedited procedure for renewal applies to those whose visas expired within the last twelve months or whose visas are expiring. If there was a prior application for renewal after it expired and this application was denied, the applicant may not take advantage of the VRP. To be disqualified from the VRP procedure, the guidance provides that the visa refusal happened within the last twelve months. If the refusal happened more than a year ago, the applicant may apply under the VRP and if an interview is required the applicant shall be notified of the interview.
“Airport to airport” or expedited removal at the port of entry is not specifically stated in the list of eligibility requirements. There are varied reasons why a traveler is sent back to Manila upon entry at the airport. One common reason is the “immigrant intent” or prior visa violation. When a visitor visa holder, for instance, is discovered to have worked as a “caregiver” while in the United States, this will be ground for the inspector to cancel the visitor visa and order the traveler back to Manila. Once the visitor visa is cancelled, renewing it under the VRP is not an option. The VRP is for those whose visas are expiring or had expired within the last year. It does not apply to cancelled visas.
Regular Processing is An Option
Any periods of visa overstay in the U.S. or issuance of expedited removal orders may disqualify applicants from using the program. In the given case of Marian, she is definitely not qualified because she stayed for more than six months in the U.S. and her visa was cancelled after she tried to re-enter the United States.
A disqualification to renew under the VRP does not mean that the renewal of a visitor visa is going to be denied. It just means that the applicant has to undergo the regular process of an interview with the consular officer on the merits of the application. Whether or not this is going to be renewed will depend on each particular case.
The VRP program is a welcome development and hopefully Filipino travelers with nonimmigrant visas will benefit from this efficient and expedited process. Those who may not renew under the VRP should prepare well for the application under the regular process and if there are no prior immigration violations the likelihood of renewal is increased.
(Tancinco may be reached at law@tancinco.com or at 877 7177 or 721 1963)
