For many years, all applicants for nonimmigrant visas are required to make a personal appearance and be interviewed by a consular officer at the U.S. Embassy. A visitor visa holder whose visa expired in the last 12 months may also be eligible under the ‘visa reissuance program’.
Recently, the U.S. Department of State finalized regulations allowing waiver of interviews of other categories of visa applicants.
Michelle resides in the Philippines and is the mother of two minor children. Michelle has a US citizen mom whom she has visited every so often in the past. This year, Michelle wants to take her son who is aged 13; and, her daughter who is aged 15 to visit their grandmother in California and enjoy Disneyland during the kids’ summer vacation.
Michelle already has a B-2 nonimmigrant tourist visa but her visa has already expired a year and a half ago. For both her minor son and daughter, it is their first time applying for a B-2 visa.
What are the procedures in applying for renewal of Michelle’s B-2 visa? Is it different for the new applications of her son and daughter?
The Interview Waiver Program (IWP)
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 B-2 visa application in-person interview be waived.
In January 2012, the Department of State introduced a two-year pilot program, known as the Interview Waiver Program (IWP). Under this IWP the in-person interview requirement for certain nonimmigrant visas (NIV) may be waived. This pilot program was 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 January 14, 2014, the IWP was made permanent.
Several countries participated in the two-year pilot program, which included India, China, and Mexico among many other countries. The U.S. Embassy in the Philippines did not participate in the pilot program.
Under the IWP, nonimmigrant visa applicants may have their in-person interview waived if certain conditions are met. The in-person interview may be waived based on age. Thus, NIV applicants who are under the age of 14 or over 79 may have their interview waived for first-time as well as visa renewal applications if they are applying in the consular district of their normal residence.
In addition, IWP permits non-immigrant applicants, whose visa has expired within one year, to be eligible for in-person interview waivers 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 the exception of visas in the categories of E, H, L, P or R, the in-person interview waivers are also available to NIV applicants whose visas have expired between 12 – 48 months ago. However, these applicants are subject to random interviews. Under the IWP, consulates must randomly interview a minimum of one percent of NIV applicants who are seeking visa renewal after expiration of 12 -48 months.
Consular Officer’s Discretion
While IWP has made the nonimmigrant visa 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 non-immigrant visa 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 NIV applicant whom they find is a person of concern, regardless of age, who poses a high threat to US security or is from a high-fraud area.
The Philippines is considered a high fraud post, but, hopefully, consular discretion to waive interview will be applied according to guidelines provided under this program. After all, there are countries that are also designated high fraud post but are currently participating in this program. If the U.S. Embassy in Manila decides to apply the guidelines as described in the visa interview waiver program, Michelle will be eligible for the in-person interview waiver because she is seeking renewal of her B-2 visa expired 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 waiver and will need to be interviewed because she is over the age of 14 and this is her first time applying for a nonimmigrant visa.
In the event that waiver of the in person 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 law@tancinco.com or at 721 1963 or visit her website at tancinco.weareph.com/old)
