FAM emphasizes limitations to the scope of review which consular officers may undertake in the context of petition-based visa adjudications.
"Consular officers do not have the authority to question the approval of L petitions without specific evidence, unavailable to DHS at the time of petition approval, that the requisites of INA 101(a)(15)(L) have not been met…. Disagreement with DHS interpretation of the law or the facts, however, is not sufficient reason to ask DHS to reconsider its approval of the petition."
http://www.state.gov/documents/organization/87229.pdf
No Need for I-797 Approval Notice
One of the more important updates relates to the discontinuation of the need to submit an original Form I-797 Approval Notice at consular interviews in petition based visa cases. FAM changes published in February and March make it clear that the original Approval Notice should no longer be required of the visa applicant. Take, for instance, newly updated 9 FAM 41.54 N3.2 ("Approved Petition Is Prima Facie Evidence of Entitlement to L Classification"): "You should no longer require that…evidence that the L petition has been approved (a Form I-797…), be presented by an applicant seeking an L visa. All petition approvals must be verified through the Petition Information Management Service (PIMS)."
Automatic Visa Revalidation
Clarification on which aliens are ineligible to benefit from the automatic visa revalidation provisions of 22 CFR 41.112(d): http://www.state.gov/documents/organization/87498.pdf I-94 Cards Updated suggested notice to aliens who returned home with an I-94 card in their Passports, on how to proceed to record departure from the US after the fact.
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