U.S. Consulate Ho Chi Minh City Q &A

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U.S. Consulate Ho Chi Minh City Q &A

This is the Q&A related issues raised prior to the March 2013 AILA Bangkok District Chapter’s HCMC

Conference with the HCMC Consulate. The answers provided by the consulate are below in RED and organized

by topic.

ACCESS

Communication regarding a case prior to or after the interview: What is HCMC's attitude to in person or by

phone communication in relation to difficult cases (i.e., sensitive issues, complex legal issues or factual issues,

etc.) prior to or after the interview when discussion may help facilitate better adjudication for all parties

involved, including the post?

The U.S. Consulate HCMC has an online inquiry system for IV and NIV questions. Almost all inquiries are

responded to within 24 hours. (Scheduling requests may take longer.) We do not take phone inquiries for visa

cases. For complex legal issues, attorneys can prepare a cover letter with supporting documentation for their

client to present to the Consular officer at the interview.

We are concerned about attorney access. Will HCMC bring back the policy of having Petitioner/attorney drop

in hours on Wednesday or a similar policy? Why did it end that program?

Because HCMC now responds to almost all online inquiries within 24 hours, there is no longer a need for

petitioner hour. In addition to the online inquiry form, Petitioners and their representatives have the ability to

request a status check if more than three months have passed since the last interview.

If a Form G-28 is on file, will you communicate with the attorney seeking to represent visa applicants in HCMC

as outlined in the FAM?

If a G-28 is on file, Post will communicate with an attorney representing an applicant.

ACS

Can attorneys attend all ACS interviews as well as dealing with subsequent issues?

AILA InfoNet Doc. No. 13061745. (Posted 6/17/13)

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No, unfortunately Post does not allow attorneys to accompany applicants to the interview.

What issues are you seeing, if any, regarding surrogate parentage and in-vitro issues? Are you looking for those

issues?

Surrogacy is illegal in Vietnam. In vitro is rare, but we have encountered it. Each case requires careful

documentation to confirm that the U.S. citizen is biologically related to the child. We have a web page devoted

to information for parents seeking to use ART abroad. It has a lot of information about how ART affects

citizenship and we update that web page if and when our policies change. The web site is

http://travel.state.gov/law/citizenship/citizenship_5177.html.

What are your DNA request rates in numbers and as a percentage of your case load? How many of your CRBA

and family relationship cases do you require DNA on and that come up as not being the family relationship?

What is the local procedure at the post for testing?

We suggest DNA testing in a small number of our cases. Some support the relationship, and some don’t. Some

parents elect not to complete the DNA procedures and allow their applications to expire. Testing is done onsite

by a medical team from the International Organization for Migration.

What is the procedure for getting an earlier appointment if the online system appointment is too far out in time?

What about emergencies such as same day appointments procedure?

Each case is considered individually. All services, other than CRBAs, are handled on a walk-in basis for which

no appointment is needed.

FPU

Are there typical fraud scenarios and indicators unique to HCMC that you could share with us?

Scenarios are unique to each case and we assess every case individually as they come to our attention.

Is there a concerted effort by the post to monitor immigration fraud activities and does the post work with

Homeland Security on these issues?

Yes, the fraud prevention unit actively monitors immigration fraud activities and works with our DHS

counterparts to report these activities when we observe them.


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Is there a system to accept reports of fraudulent activities from the public and if so, how is the information

processed? Are visa applicants informed of negative information used in denying a visa that was reported by

anonymous sources or CI's?

We always welcome the public to contact us if they would like to report visa fraud. They can email the

relevant information to us at [email protected].

What concrete information about fraudulent activities is established, how is it processed? Is there a protocol to

report this problem with the host country's police (or respective government agency in charge of prosecuting

perpetrators)? What measures would DHS and/or DOS take to nip this problem in the bud? is there a lookout

system for these types of fraudulent activities? To what extent do the US government agencies share

information?

Due to the sensitivities surrounding fraud prevention efforts, we do not discuss our methods.

Are there typical fraud scenarios and indicators unique to HCMC that you could share with us?

Scenarios are unique to each case and we assess every case individually as they come to our attention

Are there systems in place to police errant US consular employees suspected of assisting perpetrators of fraud?

How can attorneys and their clients safely assist in that process?

Please email [email protected] if you have any information you would like to pass on to us.

GENERAL

Does HCMC permit attorneys to accompany NIV or IV applicants to the visa interview? Does the post have a

clear written or otherwise policy on Attorney access and procedures?

No, unfortunately Post does not allow attorneys to accompany applicants to the interview.

What is the post's recommendation for the best manner for attorneys to bring to the post's attention arguments of

admissibility? In a cover letter? Legal memo presented at the time of interview?

Both a cover letter (summarizing the issue) and a legal memo should be presented at the time of interview.

What are HCMC's approval rates for NIV and IV as a percentage of petitions/applications adjudicated?

You can see general statistics on travel.state.gov.


mailto:[email protected]

mailto:[email protected]

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What are the biggest challenges facing the HCMC post? Are there any current plans for expanding or reducing

the post?

One of the biggest challenges facing Post is the physical constraints of the Consulate building. In the next year,

Post will be adding more windows to the IV side.

What is the preferred method of communication by AILA attorneys on a pending case?

The online NIV or IV Inquiry form is the preferred method of communication.

How many officers work in HCMC; the positions at the post; and how long the officers usually remain at the

post?

Normally officers are stationed in HCMC for two to three years. The IV unit has a staff of ten officers, the NIV

unit five officers, FPU two officers and ACS two officers.

What is HCMC's policy in acceptance of third-country nationals applying for both NIV and IV processing? Are

there any particular third-country nationals that the post accepts? Is it only for certain visas?

In the IV unit, we process a very small number of TCNs who are resident in Vietnam. The NIV unit accepts

any NIV applicant who is physically present within our consular district, regardless of nationality.

May a third party such as a spouse, sponsor, or inviting party accompany an applicant to a visa interview?

NIV? IV?

In the IV unit, if the petitioner is in Ho Chi Minh City at the time the beneficiary’s visa interview, the petitioner

may accompany the beneficiary. Because the interview is scheduled specifically to evaluate the beneficiary’s

eligibility, the interviewing officer will speak to the petitioner only if he/she determines it is necessary for the

assessment of the case. On the NIV side, applicants under 17 years old MUST be accompanied by a parent or

legal guardian. Other third parties are not permitted to accompany the NIV applicant.

What is the current composition of HCMC's consular staff (consular officers, eligible family members, and

locally engaged employees)? What staffing changes are anticipated over the next six months?

Our staffing is currently sufficient to meet our workload.

GLBT


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What is the consulate's policy with regards to handling same-sex couple B1/B2 visa applications? What

documentation does the consulate want to see with regards to the relationship?

Post has not seen this type of case.

For Transgender IV cases either Spouse or K-1 petitions under the new USCIS guidelines (PM 602-0061) for

such transgender individuals issued after the line of BIA cases Lova-Lora, does DOS have any similar FAM

guidance to be publish or AO opinion to review cases in line with USCIS PM? Specifically, what level of proof

is HCMC using regarding showing that the individual will have a recognized opposite sex marriage under Lova-

Lora line of cases? What is HCMC policy in relation to K-1 based on the PM as it states that K-1's are

approvable assuming the same conditions are met related to showing a gender change and a planned valid

opposite sex marriage? What documents is HCMC requiring?


How is HCMC handling transgender US passport applications under new passport regulations for transitional

transgender US Citizens that will receive two year passports if gender change is not final? What will be the

procedure to apply for such passports at HCMC?


IV

Direct consular filing of I-130's: In what "emergency" circumstances does the consulate accept jurisdiction of I-

130 Immediate Relative Petitions for consular review? What are the local procedures for requesting a filing?

What AmCit Petitioner Vietnam visas are considered valid for the petitioner to be on to qualify for

consideration of a local filing? What is the procedure HCMC uses to adjudicate jurisdiction and the substantive

case? How many cases of consular I-130 filings has the Consulate accepted for review and approved before and

after the end of direct consular filing of I-130's on August 15, 2011?’

Consulates will accept I-30 direct filing requests for immediate family members (spouse, child or parent of a

U.S. citizen) in rare circumstances such as situations where the U.S. citizen has a last minute deployment or

where the beneficiary has a severe medical emergency. See 9 FAM 42.41 (Adjudicating Exceptional

Circumstances I-30 Cases,) for more information.

How does the post deal with possible sham marriages? What does the post do to investigate?

We process these cases through our Fraud Prevention Unit.


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Can an attorney reopen a K or I-130 that has been designated as being sent back to USCIS for revocation? If

so, what is the procedure for that?

Post will review additional documentation until the case has been physically transferred to USCIS via NVC.

What happens when a K visa is denied at the Post? Is it actually returned to USCIS with the Memo or is it just

left to expire?

If a K is pending documentation requested by the interviewing officer, it is denied under 221(g). The case will

remain at post until it expires after which it will be returned to USCIS via NVC. In the cases of fraudulent

fiancé petitions, these cases will be returned with a return memo to USCIS via NVC.

How many licensed clinics are there in Vietnam that are certified by the CDC to administer medical

evaluations? How much is the medical fee?

There are two panel physician organizations – IOM (International Organization for Migration) and Cho Ray

Hospital. The fee is $130 for applicants 15 years and older and $100 for those applicants under 15 years old.

How long are appointments with panel physicians being scheduled in advance of the consular interview? How

much time is ordinarily needed for medical results to reach the consular section? How long are the medicals

valid for?

Normally it takes two days for the panel physicians to process the medical report. The applicants make the

appointment with the panel physician at their convenience. The medical reports are generally valid for up to six

months.

Under what circumstances does a Consular Officer refer an IV case for an Advisory Opinion (AO)? May an

attorney assist during this period or request that the Consular Officer submit and AO? And what types of

documents do the post send to the VO? Will the Consulate share the AO with counsel?

Consular officers request advisory opinions when necessary. If additional information is required, the Consular

officer will reach out to the applicant and his/her attorney. Post will not share the specifics of an advisory

opinion with counsel.

If administrative processing is required on a case, how long are the responses typically taking? Will the

consular officer specify or disclose if the administrative processing is due to a Security Advisory Opinion

(SAO), name check, technology transfer, or internal admissibility review? Can the Attorney communicate with

HCMC and submit evidence during the review?


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The amount of time it takes for administrative processing to complete depends on the case. The Consular

officer will only notify that the applicant and his/her attorney that the case is pending administrative processing.

The attorney can always submit additional evidence during this period.

If an IV applicant is required to submit additional documentation after an interview in a 221g, what is the

appropriate method to do so for IV applicants?

The applicant can submit the additional information either by mail or in person at the Consulate any day (except

Wednesdays and holidays) between 1:00 PM and 2:00 PM.

Are there any specific issues the post routinely sees in relation to the IV process such as Affidavit of Support

issues (domicile, assets, etc.) unavailable documents (birth certificates, police certificates, etc.) or

inadmissibility issues (material representation, 3/10 bar, etc.).

No specific issues.

For IV cases, is an I-824 required before the post will commence the processing of a following to join spouse or

dependent child?

No, an I-824 is not required before Post will commence the processing of an FTJ spouse or child.

What are the current wait times for the various IV categories after receiving clearance from the NVC?

There is no ‘wait time’ for IV categories once the case is current and the applicant is documentarily qualified.

In general, the applicant should be scheduled within a few months once the current case is documentarily

qualified.

How many hardship requests are made annually and of those requests, how many were granted?

I’m not sure what you mean by ‘hardship requests.’ If you mean expedited appointments for IVs, we process as

many as necessary – normally only for emergencies (often medical emergencies).

NIV

Does HCMC have a business travelers unit? And if so, what visa cases does it handle - both NIV and IV?

No. We have a significant number of business travelers applying for NIVs; but these are mostly standard short-

term business trips (especially software engineers and tradeshow participants) whose interviews are very


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straightforward and who don’t require any standard processing. We do see some H1Bs and L1s who have more

paperwork. But given that the numbers are relatively small, a unit devoted to handling such cases would not

improve our efficiency.

Describe the local policy on issuing B visa applications. What should be provided above and beyond a standard

B visa for the following B visa application types: 1) How does HCMC typically handle B visa adjudications for

pregnant mothers with intention to give birth in the US; 2) B visa for dependent parents?; 3) B visa for domestic

employees; 4) B visa for domestic employees; and 5) B visa for cohabitating partners of NIV or USC?

We do not have any “policy” on evaluating B1/B2 visa applicants’ qualifications other than the general

approaches outlined in 9 FAM. Moreover, every case is individual and decided based on the in-person

interview, so we cannot apply a “one size fits all” set of standards to any of the profiles you mention. Certainly,

all of the activities or profiles you listed are, inherently, legal in the U.S. and/or eligible for B1/B2 visas if the

applicant otherwise appears to be a legitimate nonimmigrant. We can and do issue visas to go to the U.S. for

these types of applicants.

While we cannot say that any one case will “require” any particular piece of information, practically speaking,

in some cases presenting certain information may best help an applicant clearly explain their B1/B2

qualifications to a consular officer. For example, applicants traveling to give birth may wish to demonstrate

that they are able to pay the concrete costs of their medical care while in the U.S. Dependent parents may wish

to demonstrate their continued compelling family and other ties in Vietnam. Domestic employees may wish to

demonstrate the duration and nature of their contractual relationship with their claimed employer. The partner

of a U.S. citizen may wish to demonstrate the length of the relationship with the U.S. citizen and the U.S.

citizen’s continued long-term plans to maintain ties to a residence in Vietnam. However, as noted above and in

9 FAM, each case is individual. We do not have any post-specific requirements for documents beyond the basic

documentary requirements for an NIV application in 9 FAM and the statutory authority of consular officers to

request additional information, where warranted, under INA 221(g). All applicants have to convince a consular

officer of their intent to return to a residence abroad after a temporary, lawful stay in the U.S.

Can you provide the numbers of Visa applications handled for all NIV and IV visa types including EB-5, H1-B,

and L?

You can see general statistics on travel.state.gov. In the last 12 months our NIV unit handled slightly more than

60,000 NIV applications of which just over 2/3 were for B1/B2 visas and just under ¼ were for F-1 visas. We

handled between 2-300 H1-B applications and 1-200 L-1 applications during the same period.

On final (not 221g) denials of NIV visas, does HCMC provide not only a legal citation as required by the FAM

in relation to denials but also a short description of related facts to the denial? If the answer is generally no,

then in what cases can an Applicant or Applicant's attorney request a short written summary of the denial and

facts related to such denial?


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At the visa interview, we will provide the Department’s form letter citing the section of law under which the

visa was refused. An attorney of record may always request an OF-194 for any visa case. We will also explain,

in response to an attorney’s request, the specific facts that were the basis for any finding of ineligibility under

INA 212(a).

In regards to 212(d)(3) Non-Immigrant Visa waivers, what is the post's procedure for sending these cases for

adjudication to the ARO? How does the post decide what requests should be forwarded? What documents does

the post send given the new FAM guidance, 9 FAM 40.301 to send all support documentation? How many

212(d)(3) waivers are applied for and how many of them are approved? What is the current wait time for a

decision?

We forward all waiver requests which applicants make. We advise applicants who are also ineligible under

214(b), however, that a waiver request concerning another ineligibility will not result in the applicant’s being

issued a visa, since ineligibility under INA 214(b) cannot be waived by DHS. When we forward a waiver

request, we do so using the automated internal procedures described at 9 FAM 40.301. We do indeed scan in

all relevant supporting documents that the applicant has provided. Given that the number of NIV waiver

requests from Ho Chi Minh City is extremely small (no more than a couple per month), it is difficult to

calculate an average wait time.

In relation to NIV cases when does HCMC look to request an AO for a legal issue in relation to the matter?

What legal issues does HCMC routinely see and request AO on in a NIV context? How does HCMC handle

these matters such as issuing a 221g? Can an attorney point out a legal issue in advance that may require such

processing and how is that handled?

We very rarely request AO opinions from the Department on NIV cases. The most common reason would

probably be that a consular officer cannot determine, even after review with the NIV chief, under what NIV

category an applicant’s intended activity can lawfully be undertaken in the U.S. In the rare event that we do

send an AO request, we refuse the case under INA 221(g) and notify the applicant that we will contact him/her

when we have been able to reach a decision on his/her case. Once the AO request is sent (within a business

day), the case will remain in our 221(g) files until we receive a response (within a few business days) and then

we will notify the applicant. An attorney is welcome to contact us by email concerning any case, but we will

not review a case substantively prior to the applicant’s presenting an MRV fee receipt at his/her interview.

What about B-1 in lieu of an H1-B? What should be provided above and beyond a standard B visa applicant?

Does your post make annotations for B-1 in lieu of H-1B cases? Or annotate in general?

In practice, we never see applicants claiming to go to the U.S. for activity that falls under the 9 FAM guidance

on “B-1 in lieu of H1-B”.

In terms of scheduling an interview, are there any special considerations in consideration of an expedited

appointment?


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We will typically grant expedited appointments to applicants who wish to go for funerals, family visits in

medical emergencies, emergency medical treatment, the start of a school term, or important business travel. All

requests are submitted through a form on our website. We respond to all requests within 24 hours. We

recommend that applicants upload evidence along with the request, especially in medical cases, as outside

vendors submit a large number of spurious requests daily.

What are the most frequently seen NIV's at this post?

Standard B1/B2s and F-1s, by an extremely large margin over all other categories.

Are there certain employer/petitioner cases where there is a higher likelihood that the petitioner will be asked

for additional documents? Are there certain cases which the post has designated as high fraud and additional

documentations is required? Could the post provide the list of additional documents required for those cases?

We do not comment on our fraud findings. The number of employer/petitioner cases that we see in the first

place is very small.

As Consular Managers, how do you ensure consistency in the standards of adjudication by your officers in

complex HE and L visa cases, particularly those involving claims to "specialized knowledge?"

We would not comment on how we manage our officers, but all of us take consistency very seriously and

regularly discuss different applicant profiles, refusal rates, etc. in order to ensure that all officers adjudicate on

the same page. We are extremely confident that in Ho Chi Minh City, our NIV officers adjudicate with a high

degree of consistency. We see virtually no complex H and L cases.

Has HCMC begun piloting the new NIV interview waiver program by which consular officers are permitted to

waive interviews for certain NIV applicants? If so, which NIV classifications will HCMC consider for

participation in the local version of this pilot program?

The information on exactly which applicants can have interviews waived is available publicly on our website.

Currently, we waive interviews for applicants whose visas have expired no more than 12 months prior in most

NIV categories.

In terms of F-1/ J-1 students and exchange visitors, what type of specific documentation would you want to see

to help establish whether the field of study/ research would require additional clearance considerations?

We rarely see student applicants whose cases require additional documentation. It’s easiest to work with them

on a case-by-case basis if the need arises.


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UPIL

Do you encounter individuals who are not US-admitted attorneys seeking to represent visa applicants in

HCMC? Does HCMC accept non-US Licensed lawyers, who do not qualify as exceptions on the G-28, to

represent Applicants/Petitioners?

The Consular section often receives communication from unverified attorneys. Unless a representative has a G-

28 filed with us, the Consulate will not communicate with him/her. Every inquiry received must originate from

an e-mail address for which we have identified as belonging to the applicant, petitioner or the representative

before we respond.

Does HCMC have a policy and a program in place to combat UPIL? Can you explain that policy and program?

What does the post do to investigate such issues and prevent UPIL?

See above. Unless a representative has a G-28 filed with us, the Consulate will not communicate with him/her.

Is there a system in place to educate the public about (1) who is eligible to provide US immigration advice and

(2) the dangers of relying on non-US Licensed practitioners? Is there a specific way to address these issues

with the Post to the public?

Post often informs the public of relying on unlicensed immigration consultants during outreach events.

Would HCMC consider having a roster of vetted US-licensed lawyers to represent clients at the consular offices

specifically outside of the ACS lawyer list or on the lawyer list? Does the consulate review the lawyer's list for

UPIL issues? Does the HCMC have a translator list and if so does it review and investigate those for UPIL

issues? Would HCMC consider listing AILA Attorneys with an explanation of AILA as an organization?

Post only provides a list of attorneys through American Citizen Services. Post does not have a translator list.

DHS

Is there a DHS ICE attaché at HCMC and if so, what are their duties? Is there also a DHS/ CBP official at the

post? If so, what are their duties?

Post does have an ICE attaché but does not have a CBP official. ICE’s primary function and mission is

investigation. They investigate customs and immigration crimes, human rights violations and human

smuggling, smuggling of narcotics, weapons and other types of contraband, financial crimes, cybercrime, and

export enforcement issues. They conduct investigations aimed at protecting critical infrastructure industries that

are vulnerable to sabotage, attack or exploitation. Their mission also includes conduct criminal investigations

against terrorist and other criminal organizations who threaten national security. ICE also assists their sister


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agency, the Custom Border and Protection with the issuance of boarding letters to LPRs who have lost the LPR

card or are in possession of an expired LPR card. They also serve as the liaison office for all agencies under the

umbrella of DHS.

Does HCMC allow for biometrics for reentry permits? If not will there ever be such an ability even in

emergency cases?

Post does not currently allow for biometrics for reentry permits.


Documents

U.S. Consulate Ho Chi Minh City Q &A