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STATE DEPARTMENT PROVIDES GUIDANCE ON HANDLING ZAIRIAN/CONGOLESE CASES

The State Department has sent a cable to all consular posts advising on the handling of cases involving citizens and residents of the former Republic of Zaire, now the Republic of Congo. The cable notes that the unrest in Congo as led to the suspension of visa services at the US Consulate in Brazzaville. Given the situation, Congolese applicants will be permitted to apply for nonimmigrant visas at any other consulate that issues nonimmigrant visas regardless of whether the person has established residency in that consulate's area of jurisdiction. Immigrant visas are still being processed at the US Embassy in Kinshasa.

Though Congolese citizens are now being permitted to apply for nonimmigrant visas at third country consulates, they are still likely to face problems. The State Department cable specifically advises consular officers that most Congolese citizens will have great difficulty demonstrating an intention to return to their home country, something that is a requirement for most nonimmigrant visa classifications. Civil unrest in a person's home country is normally viewed as a negative factor when reviewing the issue of nonimmigrant intent.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

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Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
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