Week 60: TDY Trip to Rio de Janeiro: Immigration Visas

It's the end of the fiscal year, so our sections were using funds to do exchanges and temporary duty assignments within the mission. These exchanges help to foster innovation and establish uniform practices through the sharing of ideas. I was fortunate to go, and I arrived Tuesday morning in Rio de Janeiro for a three day assignment with the U.S. citizen's services (ACS) and immigrant visas (IV) units to observe and learn about services that we don't do as often in Brasília. In this article, I will focus on some of experiences with IV work.

The consulate building in Rio is the oldest of the four U.S. mission structures in Brazil. It was the original embassy chancery before Brazil moved it's federal government to Brasília 50 years ago. Rio is a beautiful city, and I could understand why so many Brazilian government leaders were not enthusiastic about the move to the interior wastelands.

Visa interviews for Brazilians moving to the U.S. to live as legal permanent residents are only done in Rio, and all the interviews are all done by one consular officer. Every day, Rio has 20 to 30 appointments. This is one of the reasons why the immigration process takes a long time. Considering how long people wait to get appointments, it was surprising that there were six no-shows on the first day I was there.

Most immigration visas are given to family members of citizens, though are a limited number given for professional workers, refugees, and some other special categories. While in Rio, I was able to speak with people who were to be reunited with their parents, cildren and/or spouses. I also got to observe interviews for the fiancé visas, a type of non-immgrant visa that turns into a immigrant status after the marriage in the U.S.

We use the interviews to confirm the relationship, check that all the documents are complete, and make certain that there no ineligibilties exist that prevent the beneficiary from receiving a visa.

The consulate receives large packets from the U.S. that are full of paperwork and documents. Often, the first chance a consular officer gets to look at the packet is just before the interview. Prior to the interview, the applicants meet with a visa clerk to have their fingerprints taken and to check that they have all the required documents, like the police background checks, financial records, and medical exam.

Lack of documents is the primary reason for a delay in getting the visa For example, the first couple we saw was fairly routine. They met while doing studies in Spain, but she did not turn in a police background check report from her time in Spain, so the case was put on hold. Another case failed to get the medical exam done before coming for the interview. Another group was delayed because the sponsor did not send updated financial records showing the ability to support another household member.

Confirming possible ineligibilities is another reason for the interview, and why petitions get delayed or denied. We had several cases where the beneficiary had overstayed or been in the U.S. without the right kind of visa, i.e. was an illegal immigrant. Depending on the type if ineligibilty, they are able to petition for a waiver. This easily adds another five to eight months to the case, and may not be granted if there is no hardship shown. For example, the father of the five-year-old U.S. citizen child we saw is likely to have his request approved, but the woman who said she is married to an U.S. citizen but hasn't been in contact with that man in five years probably won't. The waiver also involves an additional significant monetary and time costs for the applicant.

It was a very interesting couple of days for me, and I gained useful experience and knowledge as well as several more stories.