HCMC Consulate has updated the website

[ScottThuy 140]

It seems that they have done some work to address the misinformation that existed in the website. This Page is worth a read through if you are filing or have yet to interview..

It seems that anything other than an approval/pink at the initial interview is considered denial by HCMC... so anyone in AP or getting a blue slip, has been denied a visa and they may still get one, the CO just needs to change its mind based on some evidence or circumstance. that timeframe is not stated...

They do state that it could take weeks to get the visa after the pink..

they also noted that if you are unable to travel within the 6month timeframe, you can ask them to issue another visa...

and there is something odd in that they say the petition can sit at the consulate for upto a maximum of one year after a blue slip waiting for additional evidence... I have to wonder if there is a time limit as to how long they have to make a decision on files in AP...

[BinhJerome 14]

It seems that they have done some work to address the misinformation that existed in the website. This Page is worth a read through if you are filing or have yet to interview..

It seems that anything other than an approval/pink at the initial interview is considered denial by HCMC... so anyone in AP or getting a blue slip, has been denied a visa and they may still get one, the CO just needs to change its mind based on some evidence or circumstance. that timeframe is not stated...

They do state that it could take weeks to get the visa after the pink..

they also noted that if you are unable to travel within the 6month timeframe, you can ask them to issue another visa...

and there is something odd in that they say the petition can sit at the consulate for upto a maximum of one year after a blue slip waiting for additional evidence... I have to wonder if there is a time limit as to how long they have to make a decision on files in AP...

That is a mind blower, I also noticed that the visa fee has gone up to $400 from the $130 it used to be. I will talk to Gerald again, and ask him about this maximum one year thing, and see if they have a timeframe that they try to go by or if it is simply when they get the chance to get back into the case, but this clause might add hope to other people that they have denied, this basically how I see it means that if they deny you within 1 year, you can just submit more evidence before it is sent back to the US. Maybe I am looking into it wrong, but if they say for up to 1 year you can submit evidence, then technically they should not be able to send your case back to the US until the year is up. I always did feel that Ap was a denial, after all they always said they were "unable to issue a visa at this time" I always thought that meant it was basically denied, but that we had one last chance to prove our case. Jerome

[ScottThuy 140]

That is a mind blower, I also noticed that the visa fee has gone up to $400 from the $130 it used to be. I will talk to Gerald again, and ask him about this maximum one year thing, and see if they have a timeframe that they try to go by or if it is simply when they get the chance to get back into the case, but this clause might add hope to other people that they have denied, this basically how I see it means that if they deny you within 1 year, you can just submit more evidence before it is sent back to the US. Maybe I am looking into it wrong, but if they say for up to 1 year you can submit evidence, then technically they should not be able to send your case back to the US until the year is up. I always did feel that Ap was a denial, after all they always said they were "unable to issue a visa at this time" I always thought that meant it was basically denied, but that we had one last chance to prove our case. Jerome

That 400 I saw as well but is not for us... its still 131.

[JimVaPhuong 4,863]

I like it. They provide a lot more detailed information then they provided in the past. They've also uploaded the latest P3 and P4 packets, like many other consulates have done.

They also mention that you can bring the visa application fee to the consulate, if you aren't sure if it's been paid, and they'll accept a Visa card. I don't remember this being available in the past. Previously, I think it was cash only at Citibank.

It's interesting that in their description of what might result in a 221(g) denial, they don't mention anything about timelines or lists of relatives in the US. It looks like they want to keep some of their best ammunition in reserve.

[Anh map 2,098]

Seems like all the embassies and consulates are updating to a similar template.

Bringing payment to the consulate is new, and makes sense. Not like there is going to be a hold up.

[ScottThuy 140]

Seems like all the embassies and consulates are updating to a similar template.

Bringing payment to the consulate is new, and makes sense. Not like there is going to be a hold up.

That payment was only for the 400 the 131 still must go tocitibank

I wonder if it was actually done@ DoS and just pushed out to the individual consulates

Edited April 4, 2010 by ScottThuy

[Anh map 2,098]

That payment was only for the 400 the 131 still must go tocitibank

I wonder if it was actually done@ DoS and just pushed out to the individual consulates

Probably will help to keep sites updated as there are more similarities. Some sites are very thin and primarily have links to DoS and USCIS.

[toddandhien 2]

The one year does not apply to AP cases as noted in this excerpt from the revised website:

"If the OF-194 stated that “further administrative processing” is required, the beneficiary does not need to submit any documents and must wait for our consular officers to review the case. We will contact the beneficiary when the review is complete. Please note that the one year period does not apply in this type of denial."

[ScottThuy 140]

The one year does not apply to AP cases as noted in this excerpt from the revised website:

"If the OF-194 stated that "further administrative processing" is required, the beneficiary does not need to submit any documents and must wait for our consular officers to review the case. We will contact the beneficiary when the review is complete. Please note that the one year period does not apply in this type of denial."

Have to wonder when it applies... maybe when they ask for someone to submit something and dont provide a specific date to submit it.. like those that are going through TB stuff at Cho Ray?

[BinhJerome 14]

Have to wonder when it applies... maybe when they ask for someone to submit something and dont provide a specific date to submit it.. like those that are going through TB stuff at Cho Ray?

I think your assumption is correct, because sometimes it might take to long for something medical to clear up and instead of keeping cases for years waiting, this gives them a way to close cases that take longer than expected. I might be incorrect, but to me it makes logical sense that if they are not meaning the AP cases then the only other reason would be if there was a medical issue with everything else checking out, since they cant just keep peoples applications sitting for over a year and then just close it based on their slow processing times. Or maybe they will try to use that clause to stop cases from being reaffirmed?

[toddandhien 2]

I believe that the distinction they are drawing is that when you are formally in AP, they tell you that no further action is needed from you. When you have been blue-slipped with specific information requested by the consulate, you have one year to get the documents in or your case will be closed. See excerpt below (emphasis added):

"Section 221(g): This section of the INA states that visa applications lacking required documents must be denied until such time as those documents are submitted and found to be sufficient. Beneficiaries may submit the additional information or documents either via registered mail or in person at the Consulate as scheduled on the OF-194. Beneficiaries should include the OF-194 requesting additional information. Beneficiaries are encouraged to submit the requested documents/information in person. Note: applications refused under Section 221(g) have one year from the refusal date to submit the requested documents/information. Failure to do so could result in the termination of the case."