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The Law:
9 FAM 42.62 PN5 Interview Even if Documentation is
Missing
a. In addition to the inconvenience and expense caused to the alien
(particularly an alien applying with family members), it is generally inefficient
for the post if an application is not taken and the interview not conducted
on the appointment date. In a busy post, the number of daily interviews is
set to maximize the use of space and personnel. A canceled interview re-sults
in a gap in that day’s productivity without gain, since the interview
must be rescheduled for another day. In addition, there is no guarantee that
the alien will be found eligible the second time around. Rescheduling
causes administrative backlogs, which, in turn, result in lost time answering
correspondence and responding to telephone inquiries.
b. As a general rule, therefore, consular officers should accept appli-cations
from and interview all applicants appearing on the appointed date. If
an applicant fails to present all of the required documentation, the applicant
should nevertheless pay the application fee and be interviewed by the con-sular
officer who must then refuse the application under INA 221(g). The
consular officer should tell the applicant or a member of the family to mail or
bring in the missing documentation, and also the issuance fee, and make
clear that the visa(s) will be issued immediately if the documentation is
found acceptable. In rare instances, the consular officer may decide not to
collect the fee and interview the applicant, but only a consular officer may
make this decision. Generally, permitting such a decision to be made by
anyone else would be an abdication of the officer’s responsibilities.
