How to change the rules for consular processing?

[C & D Guerrero 8]

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-5

Marge provisions by which USCIS can waive interviews. USCIS conducts interviews from within the US for cases of Adjustment of status. The point being, if it is a technology/method available within the US, why not outside when there is not evidence or suspicion of fraud or deception. 

[HRQX 4,145]

18 hours ago, C & D Guerrero said:

Maybe under “unusual or emergent circumstances” is where there is room in the law for Pandemic provisions and to clear the backlog? I’m no attorney but this could be the basis for argument with a congressional official or the Department of State.

The section you quoted (8 USC 1202(h)) is specifically for Nonimmigrant visas. For Immigrant visas see 8 USC 1202(a): "Every alien applying for an immigrant visa and for alien registration shall make application therefor in such form and manner and at such place as shall be by regulations prescribed. In the application the alien shall state his full and true name, and any other name which he has used or by which he has been known; age and sex; the date and place of his birth; and such additional information necessary to the identification of the applicant and the enforcement of the immigration and nationality laws as may be by regulations prescribed."

 

The regulations prescribe in 22 CFR § 42.62(a): "Every alien applying for an immigrant visa, including an alien whose application is executed by another person pursuant to § 42.63(a)(2), shall be required to appear personally before a consular officer for the execution of the application or, if in Taiwan, before a designated officer of the American Institute in Taiwan, except that the personal appearance of any child under the age of 14 may be waived at the officer's discretion."

9 hours ago, neca said:

As was said, I think this is the best "in" you have in arguing for change and a method to do it.

Note the actual subsection of the law that is relevant is 8 USC 1202(a)

Edited April 14, 2021 by HRQX

[C & D Guerrero 8]

26 minutes ago, HRQX said:

The section you quoted (8 USC 1202(h)) is specifically for Nonimmigrant visas. For Immigrant visas see 8 USC 1202(a): "Every alien applying for an immigrant visa and for alien registration shall make application therefor in such form and manner and at such place as shall be by regulations prescribed. In the application the alien shall state his full and true name, and any other name which he has used or by which he has been known; age and sex; the date and place of his birth; and such additional information necessary to the identification of the applicant and the enforcement of the immigration and nationality laws as may be by regulations prescribed."

 

The regulations prescribe in 22 CFR § 42.62(a): "Every alien applying for an immigrant visa, including an alien whose application is executed by another person pursuant to § 42.63(a)(2), shall be required to appear personally before a consular officer for the execution of the application or, if in Taiwan, before a designated officer of the American Institute in Taiwan, except that the personal appearance of any child under the age of 14 may be waived at the officer's discretion."

Note the actual subsection of the law that is relevant is 8 USC 1202(a

2 minutes ago, C & D Guerrero said:

 

Like I said I’m no lawyer 😂

Edited April 14, 2021 by C & D Guerrero

[SalishSea 18,054]

5 hours ago, neca said:

from

 

Perhaps I misread this? I interpreted it as conducted remotely or by phone or via doc submission; not as remotely (by phone) or doc submission.

I've heard of AOS interviews being waived in cases where applicants were recently interviewed overseas for their visas, but there have been no credible reports of actual zoom interviews.

Edited April 15, 2021 by Jorgedig