Quote of the day/week/however long

"Act as if what you do makes a difference. It does."
~William James

Sunday, September 18, 2016

Ali Is Still in Business

For all the techno-amazing-ness of today's consular systems, Ali On The Corner is still a beloved fixture in many countries. His three sons and four daughters all earned masters' degrees from top US universities, their educations fully funded by hopeful NIV applicants.

In warm countries, Ali sits under a tree a few steps from the US consulate with a chair, a small table, and a rackety manual typewriter. In cooler countries, he rents a tiny office a few steps from the US consulate with a chair, a small table, the typewriter and a space heater. He doesn't put out a sign; he doesn't need to. He strolls to his work station - accepting respectful greetings from the queue of consular customers with great dignity - and sets up his typewriter every morning an hour or so before the consulate opens. Then he nods to his own first customer.

Here is Ali, at work on a third-country visa application for some lucky customer. One might notice that Ali was able to provide the blank form. He can also provide forms and fill in very convincing data for property deeds, automobile titles, bank statements, birth certificates, grade reports, school certificates, and census registers. He can write coherent and grammatical employment letters in several languages on any letterhead a visa applicant might prefer. He owns a fine selection of fountain and ball point pens, with which he can produce any sort of signature appropriate to a document. He also carries an impressive line of ink and wax seals.

So when a visa applicant has heard through the very healthy NIV grapevine, either live or on line, that he should present a certain document when applying for a visa, Ali will very kindly and efficiently provide that document. And if a consular officer refuses a nonimmigrant visa applicant 221(g) for any document that isn't required by the visa application, the applicant goes to talk to Ali.

In either case, for a reasonable fee, Ali will provide the form or letterhead, the data, the signature and the seal. He will deposit the modest fee - along with a dozen or two or three dozen other fees collected that day - in the education fund he has now opened for his grandchildren. And the applicant or re-applicant will (again or for the first time) try to get by on the weight of papers rather than truth.

Wait a moment. What does Madam mean by 'any document that isn't required by the visa application?'

Documents that are required before a visa can be issued are forms like I-797s, DS-2019s and I-20s. With the amount of legitimate, cross-checked information now available through the consular data base, even these are barely relevant to the decision process. Anything that is not required should not be asked for; if offered, it should not be accepted. Why? Because it is irrelevant, it is distracting, it invites dishonesty, it substitutes for actual knowledge, and it keeps Ali employed.

"But wait a moment," a consular officer might say. "I need to see a (job letter, property deed, bank statement) to be sure that the visa applicant is what and who he claims to be."

No, you absolutely don't need a document to tell you this. You need to talk to the applicant. If he can respond lucidly and smoothly to questions about his family, property, or business appointments in the US, he is extremely likely to be what he claims to be. If he greets such questions with a glassy stare and starts shufflling madly through a sheaf of documents, he is extremely unlikely to be. And that single moment of panic is far more telling than any ten-minute perusal of Ali's handiwork could ever be.

"But travel.state.gov says that 'additional documents may be required' right here! And those suggested additional documents include all the stuff you keep saying not to bother with."

And Madam stands by her highly-experienced opinion - and that of most of the most highly-experienced US consular officers on the planet - and would argue this point all the way to the Secretary's office if invited to do so, that none of these should be asked for or given.

"But CFR 41.105(c) says that if a document is presented, the conoff should consider it."

To consider: To think about something or someone carefully especially in order to make a choice or decision.To think about something that is important in understanding something or in making a decision or judgment. If considering a stack of documents that the application does not require takes longer than four seconds and involves actually reading one or more of them, the conoff needs to go back to ConGen.

"But how will I know that he is what and who he claims to be?"

You will interview him. And Ali's grandchildren will have to pay for their own educations.

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