USA PATRIOT Act Series No. 5 - Se. 422 - Relief for Some DV 2001 Applicants

R 200123Z FEB 02

FM SECSTATE WASHDC

TO ALL DIPLOMATIC AND CONSULAR POSTS

SPECIAL EMBASSY PROGRAM

AMEMBASSY BELGRADE

AMEMBASSY DUSHANBE

UNCLAS STATE 032257

 

E.O. 12958: N/A

TAGS: CVIS

SUBJECT: USA PATRIOT ACT SERIES: NO. 5 - SECTION 422: RELIEF FOR SOME DV-2001 APPLICANTS AFFECTED BY THE EVENTS OF SEPTEMBER 11, 2001

REF: STATE 190946

1. Summary: Section 422 (C) of the USA Patriot benefits two categories of DV-2001 applicants: 1) those who were issued a DV in FY 2001 but who were not able to use it before it expired due to the events of September 11, 2001, and 2) those who lost DV follow-to-join status because the principal DV applicant was killed in the terrorist attacks against the United States on September 11, 2001, before the follow-to-join DVs could be issued. (End Summary)

DV-2001 Visa Validity Extended for Some Applicants

2. If an alien was issued a DV 2001 before the end of the DV 2001 year on September 30, 2001, but he/she was unable to use it due to the events of September 11, 2001, under Section 422(c)(1), the validity of the DV may be extended to April 1, 2002. To obtain this DV validity extension, the alien must present specific evidence to demonstrate that the reason for not using the DV was connected with the events of September 11. USCIS draft definitions of what constitutes evidence to support extension of the DV validity are listed below in Paragraph 13. Applicants are not eligible for such validity extension unless they were issued the DV and the DV was printed before September 30, 2001.

3. No change will be made in DVIS to permit replacement of DV-2001 visas in FY 2002 for the few cases expected to qualify under Section 422(c)(1). Instead, posts will issue a transportation letter in duplicate to accompany the expired DV, as well as the usual packet of documents including application forms, birth/marriage certificates, medical exam, namechecks, etc, that are issued to a DV applicant. These DVs should be counted as "replacement" issuances on post''s monthly workload reports. As a DV number had already been granted for these cases, posts do not need to request another number.

4. Text of Transportation Letter:

The Transportation Company and

The Supervisory Immigrant Inspector

U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security at

Port of Entry

Sirs:

The (U.S. Embassy) confirms that (Name of Applicant), born on (Date of Birth of Applicant) is eligible for the Diversity Visa 2001 Program under the terms of the U.S.A. Patriot Act, Section 422 (c)(1).

As the alien has demonstrated that he/she was prevented from using the Diversity Visa as a direct result of the terrorist attacks against the United States on September 11, 2001, the validity date of the Diversity Visa issued to the applicant on (date of issuance of DV) with visa number A (original visa number which can be determined from the Consular Consolidated Database if the visa is no longer available) is extended until April 1, 2002.

The above named person has been instructed to present the original of this letter to the transportation company on which travel to the United States is intended. The above-named person has also been instructed to present the duplicate of this letter and the sealed envelope containing supporting documents to the immigration officer at the United States port of entry.

Expiration Date: April 1, 2002

 

Very truly yours

 

(Name of Consul)

Consul of the United States of America

 

5. If the DV applicant who qualifies under Section 422 (c)(1) has already disposed of the expired DV, issue a transportation letter as in Paragraph 11 below, changing the section under which the letter is issued as well as the expiration date in the appropriate places in the letter, and add a paragraph at the end stating that the expired/issued DV-2001 was destroyed by the applicant. If available, post should include a copy of the DV issued to the alien.

6. As the POE will not have the usual DataShare information on the applicants who qualify for the extension of the expired DV-2001, posts must report to CA/VO/F/P the name, DPOB, intended POE for each applicant granted an extension of validity under this provision so the information can be relayed to USCIS.

-------------------------------------------------------------------------------------------

Follow-to-join DV status for some surviving family members of a DV-2001 principal applicant killed on September 11

-------------------------------------------------------------------------------------------

7. If a DV principal applicant issued a DV during FY 2001 had entered the United States and was killed in the terrorist attacks on September 11, 2001, before his/her spouse and/or children could follow to join, the spouse and/or child of that alien is now entitled to follow-to-join status until June 30, 2002 under the provisions of Section 422(c)(3), even though the DV 2001 program has ended. Such cases must be processed as if the alien were not deceased and as if the spouse or child''s follow-to-join DV application had been adjudicated and the visa issued/printed by September 30, 2001.

8. Regardless of whether or not such follow-to-join family members had actually initiated DV processing prior to September 30, 2001, such issuances should be processed as DV-2002 cases and reported on post''s monthly workload reports.

9. To qualify, applicants must demonstrate that they were the spouse/child of the principal applicant on September 10, 2001. If post does not have a record of the issuance of the DV-2001 to the principal applicant, check the CCD or contact VO. Applicants must also demonstrate to the consular officer that the principal applicant was killed in the terrorist attacks of September 11, 2001, see paragraph 12 below.

10. Applicants should undergo all required processing, documentation requirements, and interview as is usual for a DV applicant. Such applicants will be issued only a transportation letter to accompany the usual packet of documents for USCIS at POE. If available, include a copy of the DV-2001 issued to the principal applicant.

11. Text of transportation letter:

The Transportation Company and

The Supervisory Immigrant Inspector

U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security at

Port of Entry

Sirs:

The (U.S. Embassy) confirms that (Name of Applicant) is eligible for the Diversity Visa 2001 Program under the terms of the Patriot Act, Section 422 (c)(3) as applicant''s spouse entered the United States as a DV immigrant and was killed in the terrorist attacks against the United States on September 11, 2001, before applicant (and accompanying children were) was able to follow-to-join the principal.

Name of Applicant as shown on OF-230 and passport:

Name of Deceased Spouse:

A# (Diversity Visa #) of Deceased Spouse, if known:

Alias, including maiden name of spouse if not used as the principal name:

City and Country of Birth of Applicant:

City and Country of Last Residence:

Mother''s First Name/Father''s First Name

Final street address in the U.S. including zip code:

Classification Symbol: (DV 2 or DV 3)

Foreign State chargeability:

If foreign state chargeability is different from country of birth, indicate under which section of INA 202(b) DV status is granted:

Name/DPOB of accompanying minor children:

POE at which applicant will enter the United States:

Expiration Date: June 30, 2002

 

Very truly yours,

 

(Name of Consul)

Consul of the United States of America

------------------------------------------------------------------------------------------

Evidence of Death, Disability, Loss of Employment due to the terrorist attacks against the U.S. on September 11, 2001

12. Section 426 directs USCIS to establish evidentiary standards for purposes of adjudicating cases under the Patriot Act. Under the current USCIS draft of those standards, to demonstrate that a DV-01 principal alien was killed in the terrorist attacks against the United States on September 11, 2001, the following may be used:

------------------------------------------------------------------------------------

Circumstances that might have prevented timely action in applying for or using visas

13. USCIS has compiled a draft list of various events that aliens may use to support a claim for benefits under the Patriot Act. Consular officers may make a determination using this draft list as to what proofs might be presented to demonstrate that applicant''s entry into the U.S. was delayed beyond the validity date of the issued DV-01 due to one of the following:

May post resume consular processing of DV-01 cases that were not completed and issued by September 30, 2001?

----------------------------------------------------------------------------------------

14. No. Nothing in Section 422 of the Patriot Act permits resumption of consular processing of those DV-2001 cases for which the applicant did not complete processing and for which post did not issue/print the visa by September 30, 2001. The only possible exception is FTJ status for derivatives of a DV 2001 principal who entered the United States and who was killed in the attacks against the U.S. on September 11, as explained above in paragraphs 7-10.

Conclusion

15. It is unlikely there will be many DV 2001 applicants who might qualify under one of these two Patriot Act provisions. For assistance, contact VO by e-mail.

POWELL

---