Case processing at the Consulate General Saigon - DOS Computer Crash Update

On July 29, the DOS provided the following update: "The Department of State is now testing the system capacity to ensure stability. Processing of immigrant visas cases, including adoptions, remains a high priority. Some Embassies and Consulates may temporarily limit or reschedule non-immigrant visa interview appointments until more system resources become available to process these new applications. We sincerely regret the inconvenience to travelers, and are committed to resolving the problem as soon as possible."

On July 30, 2014, the U.S. Department of State issued the following update related to the recent computer crash that has led to delays in visa and passport processing:

"The Department of State continues to work to restore our visa system to full functionality.

 "We anticipate it will take weeks to resume full visa processing capacity.
 "We continue to prioritize immigrant visas. So far, we have been able to issue most cases with only a few delays."

In Saigon, Mr. Robert Mullins has been in contact with the Consulate every day and every day we receive feedback from our clients in Saigon, so it is easy to follow the trends and developments in visa processing.
 
Immigrant visa processing is much the same as before. Our cases have an approval rate of about 80%, which is somewhat higher than the average approval rate at the consulate. The most common reason for denial of cases is that they are missing medical exam results or the police clearance is not up to date or there is a problem with the affidavit of support. These denials can easily be overcome by submitting the required items after the interview. In spouse and fiancée cases, the denials are usually because the Consulate wants more evidence of relationship. The Consulate wants to see frequent phone and email contact and proof that the sponsor visited the wife or fiancée on a regular basis.
 
Tourist and Business Visas: Most of the consular officers do not pay much attention to financial documents. The consuls prefer to interview the applicant and make a decision based on how the applicant answers questions at the interview. Some problems arise when the non-immigrant visa application form is not completed accurately. The data base at the Consulate is more powerful than you can imagine. The computer can tell the consul if the applicant has ever been denied and can also tell if the sponsor has ever submitted an invitation letter for other applicants.
 
Same-sex marriage is not yet allowed in Vietnam, though it has been under discussion by the government. The Consulate is aware that some Tourist Visa applicants want to go to the US in order to marry their same-sex partners and then return to Vietnam to wait for processing of a marriage petition. Consular officers are actually sympathetic to these cases, so it is best to be honest and not try to hide the purpose of the trip to the US.
 
Repeat visitors to the US can sometimes avoid an interview, but they should be sure to update their information on the visa application. For example, it is important to note if there is a change in marital status.
 
A few months ago, the Vietnamese authorities arrested several visa agents who were waiting on Le Duan opposite the Consulate. These people usually offered to produce any kind of documents, all of them false.
 
We've had several inquiries about the F2A cases of permanent residents sponsoring their spouse and minor children. For several months, cases were being processed for interview if the petition was filed before September 2013. Suddenly, the State Department announced that the cut-off date went backwards to May 2012, meaning that applicants who were waiting for an interview date will now have to wait longer.
 
At our offices here in California and in Saigon, we always welcome inquiries about clients' cases and also inquiries from clients who are planning to apply for some immigration benefit in future. You can either call or visit one of our offices, or send an inquiry in English or Vietnamese to info@rmiodp.com.
 
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 Q.1. There is a rumor that B2 visitor applicants who make repeated trips to the US must now update status before their next trip.Do you have any information about this?
A.1. It is just a rumor. The usual procedures are still in effect.
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Q.2. What options about marriage do same-sex partners have?
A.2. The sponsor can file a fiancée petition on behalf of the partner in Vietnam,
or, if the Vietnam partner can get a tourist visa to the US, they can marry in the US.
Here in the Asia-Pacific region, New Zealand is the only country where a same sex couple can go to be married.
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Q.3. In denied spouse of fiancée cases, how long does the couple have to wait until the Consulate reviews their overcome documents?
A.3. There's usually a wait of at least six months and sometimes much more.

ROBERT MULLINS INTERNATIONAL www.rmiodp.com www.facebook.com/rmiodp
Immigration Support Services - Tham Van Di Tru 

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