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EmailV Visas - Unapproved Petition Beneficiary Names Added to CLASS
R 062321Z DEC 01
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
BELGRADE POUCH
DUSHANBE POUCH
NDJAMENA POUCH
PESHAWAR POUCH
LAHORE POUCH
UNCLAS STATE 209704
INFORM CONSULS
E.O. 12958: N/A
TAGS: CVIS
SUBJECT: V Visas - Unapproved Petition Beneficiary Names Added to CLASS
REF: A) STATE 035234 B) STATE 057338 C) STATE 151917
Summary: About 90,000 names of petition beneficiaries whose I-130s have not yet been approved by USCIS have been added to CLASS using one of the V-related CLASS hits, see Reftel A. NVC is sending out a letter informing these applicants that they might be eligible for V issuance, text below. Posts may process a V visa for any applicant with a V CLASS hit.
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Applicants with unapproved petitions now appear in CLASS.
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VO has been working with USCIS for some time to obtain information on F2A cases for which USCIS has not yet approved I-130 petitions. The first group of about 90,000 beneficiaries is now available in CLASS. These include those with priority dates through December 31, 1998. Because we are now adding names to CLASS of applicants who have not yet necessarily waited the mandatory three years from petition filing, posts must be certain to check the priority date listed in the CLASS hit to ascertain that the applicant is indeed eligible to apply, see Reftel C. Unless otherwise noted in the CLASS hit, NVC has performed NCIC namechecks for these beneficiaries. Names of derivatives who aged out have not been entered into CLASS as they are no longer eligible for V visas.
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More will be added to CLASS each quarter.
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The intent is to add names to CLASS on a quarterly basis. The next group of V applicants with unapproved petitions will include those with priority dates from January 1 to March 31, 1999. We hope to complete NCIC namechecks and add these names to CLASS sometime in January. Again, names of V-eligible applicants will often be available in CLASS before they are actually eligible for V processing, so check the priority date.
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All beneficiary names received from USCIS are available in the CCD web portal reports.
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If post has an inquiry from a beneficiary with a priority date not yet in CLASS because it is after March 31, 1999, post should be able to find the name and the priority date via the CCD Web Portal Reports.
The CCD report for V-eligible applicants is found on the same web page as the NIV reports. The report searches all the data the Department of State has received from USCIS and all data at NVC on potentially V-eligible individuals.
Any individual found on the web report who is marked as V-eligible, may be considered for a V visa even if the name may not yet be available in CLASS. The web report also verifies if an NCIC namecheck has been done. If no NCIC namecheck was done and the applicant is over 16, a VISAS HAWK is required.
Applicants currently eligible for V visa consideration are flagged in green on the web report. Those who are not yet eligible are flagged in red.
If a post cannot find the name of an applicant who appears to be V-eligible in CLASS, the next step should be to check the web report.
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Text of NVC's letter to V applicants with unapproved petitions.
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(begin text of NVC letter)
USCIS Receipt Number:
Dear Applicant:
According to information we have recently received from the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security, you have a visa petition on file as the spouse or child of a Legal Permanent Resident. The Legal Immigration Family Equity Act created the nonimmigrant "V" visa to allow spouses and minor children of Legal Permanent Residents to enter the U.S. to live and work legally in the U.S. while waiting for immigrant status, even if their visa petition has not yet been approved by the USCIS. You may be eligible to apply for the "V" visa.
Our Website at http://travel.state.gov has information about V visas. If you are outside the United States, you may apply for the "V" visa at selected U.S. Embassies or Consulates. If you are in the United States, you may apply to change your current status (regardless of what that status might be) to "V" status by contacting the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security. USCIS has a Website at http://immigration.gov.
If you wish to apply for a "V" visa at a U.S. Embassy or Consulate, please use the contact list included with this letter to phone that office to schedule an appointment and obtain additional information.
There are three issues you should consider when submitting an application for a "V" visa:
1. Be advised that children of LPRs are eligible for "V" visas and "V" status in the U.S. only until the day before their twenty-first birthday. In addition, if the child of an LPR gets married, he/she is no longer eligible for "V" classification. Children of LPRs who enter the U.S. with a "V" visa and subsequently turn 21 years of age or get married are no longer eligible for "V" status in the U.S.
2. At the time of application for a "V" visa overseas or a change to "V" status in the United States, applicants are not subject to the provisions of INA Section 212(a)(9)(B) regarding bars to admission to the United States due to previous unlawful presence in the United States. However, those who enter the United States with "V" visas should be aware that in future, they will not be able to adjust status from "V" to Legal Permanent Resident for the applicable 3- or 10-year period if they have accrued more than 180 days of unlawful presence since April 1, 1997, unless USCIS approves a waiver at the time of application for adjustment.
3. If your immigrant visa priority date is current for processing, you are not eligible for a "V" visa, and you will soon receive information on how to apply for your immigrant visa from a U.S. consular officer.
If you wish to apply for a "V" visa at a U.S. Emassy or Consulate, please contact the one near your residence. A list of phone numbers for these offices is enclosed.
Sincerely,
Bureau of Consular Affairs
(end text of NVC letter)
Both English and Spanish versions of the letter will be sent to all beneficiaries. Enclosed with the letter is a DS-3052 as well as the post contact list. As with previous V letters from NVC, there are no security features in the letters, and post should not require the V applicant to present the letter as evidence of eligibility to apply for the V.
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If an applicant's name is not found in CLASS or the CCD Web Report, may post accept secondary evidence of a petition filing with USCIS to process a V visa?
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No, posts should not attempt to independently confirm that a petition was filed at USCIS. Only USCIS can confirm that a petition was filed with USCIS. For posts, the only acceptable proof of an applicant's eligibility to apply for a V is a V-related hit in CLASS or data from the CCD Web Report. In rare cases, an e-mail from NVC also serves to confirm eligibility to apply for a V.
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What about beneficiaries with approved I-130 petitions?
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Names of V eligible applicants for whom USCIS has approved the I-130 petition and who have priority dates through December 31, 1998 are already available in CLASS. NVC is now completing the NCIC namechecks for applicants with priority dates from January 1 to March 31, 1999. These applicants should appear in CLASS with a V hit by early January. NVC will then begin working on the next quarter, i.e., those applicants with priority dates from April 1 to June 30, 1999. Consular officers are again reminded to check the priority date listed in the CLASS hit in order to ascertain if the applicant has waited the mandatory three years from petition filing.
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Where to Ask for Help.
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For questions involving legal aspects of the LIFE Act, contact VO/L/R. For visa processing issues, contact CA/VO/F/P. VO/F/S can assist posts with consular systems or other technical matters.
POWELL
