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Opinion

Why is the US embassy cancelling interviews?

IMMIGRATION CORNER - Michael J. Gurfinkel - The Philippine Star

The US embassy recently posted on its website a notice/warning that “starting May 19, immigrant visa applicants who arrive at the US Embassy for their appointment without all of the required, original documents will not be interviewed and will need to schedule a new appointment. Be aware that the next available appointment may be months from now.”

In other words, immigrant visa applicants must bring to the interview all required documents or their interview could be rescheduled far into the future. In one of my own cases, our client had been scheduled for her interview in October 2024 but became ill, and she could not proceed with her medical exam at St. Luke’s. Her interview had to be rescheduled, and the new date was in March 2025. So, you can see that missing documents result in missing an interview and could cause many months of delay on your case.

If a person’s interview is rescheduled, there could be profound and even devastating immigration consequences. I’ve come across situations where there was a sickly petitioner. Delays caused by a rescheduled interview resulted in the petitioner passing away before the immigrant visa could be issued. With the death of the petitioner, the petition was also dead, unless the family could obtain humanitarian revalidation/reinstatement.

In other cases, a child may not be eligible for benefits under the Child Status Protection Act (CSPA) and therefore must arrive in the US before the child’s biological 21st birthday. If the interview is delayed beyond the child’s 21st birthday, the child must be left behind.

According to the embassy’s notice, the required documents include (but are not limited to):

Passport – valid for at least 60 days beyond intended travel date. NOTE: Please be aware that most countries want passports with at least six months remaining validity.

Original civil documents – e.g., certificates of birth, death, marriage certificate, Certificate of No Marriage or CENOMAR, Advisory of Marriages and proof of any termination of marriage. NOTE: Many of these documents may need to be near the date of the interview, such as police clearances or CENOMAR, as opposed to being obtained years ago. This is because you could have committed crimes or gotten married in the interim.

Original Philippine police clearance – National Bureau of Investigation or NBI for applicants aged 16 and above. This is not optional and is absolutely required.

Foreign police certificate – for any country the visa applicant worked or lived in for 12 months or more. These are not optional and must be provided. NOTE: Many Filipinos worked overseas, whether in the Middle East, Europe, etc. Before returning to the Philippines, you may want to obtain police clearance from that foreign country, as it is sometimes difficult to obtain police clearance from certain countries once you are already back in the Philippines, especially if they want you to appear in person. This way, if you obtain the clearance before you leave, you have it in hand.

Affidavit of support – I-864 and financial/tax documents from petitioner/joint sponsor.

DS-260 confirmation page interview appointment letter.

Other required documents:

• You must have attended your medical examination appointment at St. Luke’s Extension Clinic (SLEC) before your interview.

• NBI AKA for applicants with aliases or nicknames, including different spellings, appearing on public documents. NOTE: Many Filipinos are born under one name. Some time later, they start using a different name or nickname, such as Baby, Girlie, Boy, Jun or a name from the Bible. The embassy wants NBI clearance for all of your other aliases if you have been using different names.

• Petitioner’s original birth certificate for applicants being petitioned by their child or a sibling.

• Original proof of termination of marriage for applicants with previous marriage.

All immigrant visa applicants should be prepared for their appointment. Applicants who do not bring all the required documents create significant delays in the embassy’s process and decrease the number of visa applicants the embassy can interview.

I can understand the embassy’s frustration or position concerning missing documents. Many times, I have clients book consultations about their immigration problem and they come to my office without key or critical documents.

For example, they consult about whether I can assist because the case was denied. When I asked for a copy of the denial, they told me they left it at home. Others ask about eligibility for a particular immigration benefit through a petition filed on their behalf. When I asked for a copy of the petition, they also told me they left it at home.

As a result, I have to reschedule the consultation, because without that document, I cannot fully “diagnose” their problem. The same situation would exist with the embassy, where there are valuable and limited interview slots. If those slots are filled with applicants whose documents are incomplete, the consul is unable to proceed with the interview, causing delays and a wasted interview slot.

But I would’ve also hoped that the National Visa Center (NVC), in initially packaging the case before sending it to Manila, would have ensured that most of these documents had been submitted before the interview was set. But still, it’s a valuable lesson that if you want to go forward with your interview, make sure you have all the required documents. That is why if you are unsure, you may want to consult with or retain an attorney, who can assist in ensuring all required documents are submitted.

US EMBASSY

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