Representatives of the American Immigration Lawyers Association and the Department of State's Visa Office met on March 19, 1998 to discuss a variety of immigration matters. The following are highlights of the meeting:

- The new Internet pilot program for setting appointments with US consulates in Canada and Mexico was discussed. The program began on March 12th with a dozen immigration firms participating. Law firms wishing to participate can contact Dennis Merz at the State Department at 202-663-1166. The appointment system should be open to the public in May. The State Department also let AILA know that it has established an 888 number as an alternative to the regular 900 number used to book consular appointments. This number, 888-840-0032 is billed to a credit card at the same rate as the 900 number, but it gets around the problem of the blocking of 900 numbers by many office and hotel phone systems.

- AILA complained that consular officers are giving little or no weight to I-864 Affidavits of Support if the execution of the form "appears to be a mere accommodation." According to AILA, execution of Form I-864 is no longer mere accommodation because of the legal obligations that ensue. The consulate in Guangzhao, for example, has a statement on its forms which says "Affidavits of support from friends and distant relatives will not be considered." The State Department responded by saying that consular officers should not refuse to accept an affidavit of support from a joint sponsor who meets all of the qualifications for sponsorship set forth in the rules - age, US domicile, financial tests, etc. Guangzhou has been requested to remove the language from their forms. Nevertheless, the State Department says that the I-864 is only one factor to be considered and an officer should still look at other issues including the applicant's age, health, education, skills, etc. when determining whether the test is met. The consular officer can also reject an I-864 if he or she cannot find a compelling interest in the sponsor providing any meaningful level of support to the applicant.

- AILA inquired as to what the new Affidavit of Support requirements are doing to immigrant visa approval rates. According to the State Department, the refusal rate at most posts has at least doubled since the new income and paperwork requirements went into effect. Few affidavits are ready for adjudication at the first interview due to incomplete or incorrectly filled out forms and missing supporting documentation. And many posts have had to set up appointment systems to schedule re-interviews for refused applicants in order to manage the increased workload. The Visa Office is distributing handouts to petitioners and the public to help reduce the problems with incorrectly prepared forms.

- AILA inquired whether the I-864 Affidavit of Support form is to be used in K-1 fiance cases. The answer to that question is no. The I-134 Affidavit of Support should continue to be used. The I-864 will be used when the applicant applies to adjust status to permanent residency.

- The State Department again stated that with respect to F-1 and J-1 visa holders with "duration of status" I-94s, the individuals do not accrue unlawful presence in the US that would trigger the three and ten year reentry bars unless there is a finding by the INS or the Immigration Judge that the alien has violated status.

- AILA noted ongoing problems where nonimmigrant visa holders change status in the US and later seek a visa stamp at a US consulate abroad. Such applicants normally present the I-797 approval notice and a copy of the petition. Some consular officers are reportedly delaying issuing visas for no apparent reason while the post sends off for the original petition. AILA sought a State Department order to consulates that except where there is a reasonable basis to suspect fraud or misrepresentation and which facts are set forth in a written denial, the visa should be granted on the basis of the Notice of Approval and a copy of the opinion. The State Department refused to implement a uniform policy. According to the State Department, in high fraud posts, the policy AILA recommends would be inappropriate. The State Department recommends requesting in advance that the INS forward a copy of the approved case to the consulate even though this is not routine in change of status cases.

- AILA asked whether an Iranian citizen resident in Iran who makes a large investment in the US and obtains an approved I-526 can obtain an immigrant petition despite the embargo on employment-based visas for Iranians. The State Department understands that the remittance of investment or other funds from Iran to the US does not constitute a violation of the embargo and an Iranian national can obtain an EB-5 visa. However, there are other circumstances which could lead to an ineligibility finding. That might happen when the Iranian attempts to remit profits from the US enterprise to Iran. Therefore, a consular officer might require evidence that an immigrant investor has cut off ties with business interests in Iran. The investor would also have to demonstrate that he or she would not engage in trade with Iran while in the US.