US Policy to process Visa Applications 30-60 days

[keelec]

Foreign Relations Authorization Act, Fiscal Year 2003, Public Law No: 107-228, H.R. 1646

 

SEC. 233. PROCESSING OF VISA APPLICATIONS.

 

(a) IN GENERAL- It shall be the policy of the Department to process each visa application from an alien classified as an immediate relative or as a K-1 nonimmigrant within 30 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service. In the case of an immigrant visa application where the petitioner is a relative other than an immediate relative, it should be the policy of the Department to process such an application within 60 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service.

 

(b) DEFINITIONS- In this section:

 

(1) IMMEDIATE RELATIVE- The term `immediate relative' has the meaning given the term in section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)).

 

(2) K-1 nonimmigrant- The term `K-1 nonimmigrant' means a nonimmigrant alien described in section 101(a)(15)(K)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(i)).

 

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Immigration and Nationality Act, 8 U.S.C. 1151

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Immediate relatives. - For purposes of this subsection, the term ''immediate relatives'' means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. In the case of an alien who was the spouse of a citizen of the United States for at least 2 years at the time of the citizen's death and was not legally separated from the citizen at the time of the citizen's death, the alien shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen's death but only if the spouse files a petition under section 1154(a)(1)(A) of this title within 2 years after such date and only until the date the spouse remarries.

 

 

 

References:

Summary on Visa Delays.com

http://www.visadelays.com/documents/govdoc...Visa%20Laws.pdf

 

Foreign Relations Authorization Act, Fiscal Year 2003

http://www.cooperativeresearch.org/archive...t2003093002.htm

 

Immigration and Nationality Act

http://www.fourmilab.ch/uscode/8usc/8usc.html

 

Immigration and Nationality Act, 8 U.S.C. 1151

http://www.fourmilab.ch/uscode/8usc/www/t8...-II-I-1151.html

 

Immigration and Nationality Act, 8 U.S.C. 1101

http://www.oalj.dol.gov/public/ina/refrnc/8_1101.htm

[keelec]

I have been reading the US Foreign Relations Authorization Act, Fiscal Year 2003.

 

It clearly states that visa applications for spouses (immediate relatives, see Immigration and Nationality Act) should be completed within 30 days of receiving all necessary documentas from the applicant.

 

I haven't quite found where fiancées fit it, but I assume they would either be considered at least within the 60 day time period.

 

WHY ISN'T THIS HAPPENING? ISN'T IT US LAW? Why does the US Governement state that they expect 1-2 month processing of Visa applications, but we are all experiencing about 1 year for processing?

[keelec]

Oh,

K-1.

Yes, it is the Fiancee Visas too that should also be processed within 30 days.

Hmmm, I think I passed the 30 day point, well, several months ago.

 

 

Immigration & Nationality Act, 8 U.S.C. § 1101. Definitions

 

(K) an alien who is the fiancee or fiance of a citizen of the United States and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after entry, and the minor children of such fiancee or fiance accompanying him or following to join him;

[Mick]

As usual Don. You are right on. It is all political smoke and mirrors that make it appear they are meeting the law when, in fact, they are doing all they can to circumvent the spirit of the law.

[MoonCarolCafe]

The 30-day requirement does not mean diddly if the agency does not get an incrased budget to "make it so". Otherwise it is an unfunded mandate.