I sent a detailed enquiry to both the Suva and Auckland Embassy/Consulate this week asking if I could transfer my case, and I provided evidence as to why I could not interview in Australia. This evidence included:
There are only 3 consular posts in Australia, these being Sydney, Melbourne and Perth. I then supplied printouts confirming:
SYD Consulate is closed for interviews, confirmed by their own web site, and now appears closed until at least November 2022 (according to a link a member posted here) I included print outs of both.
MELB Consulate is closed due to COVID-19 until the end of January 2022 (confirmed on their Facebook page) and is prioritizing IV cases that are not DV. Comments on their Facebook page from U.S. citizens confirm they are way behind with services for their own citizens. I included printouts of their Facebook page.
PERTH Consulate has not indicated if they will do DV interviews, but in any case WA has a hard border lock down, considers ALL other Australian States and Territories as “Extreme COVID-19 Risks” and prohibits anyone from a Extreme COVID-19 Risk area from entering WA unless they have an exemption, and that exemptions are only granted for government business. I included printouts from the WA Government’s own website.
Replies are below, I was surprised of the speed of the replies, both in under 24 hours, Suva was within hours, confirming their communications have not been effected by the tsunami.
The Suva reply is a copy and paste of a reply I have seen from other members on here, but the Auckland reply appears to have had some effort put into it, and reading between the lines, they have not completely ruled out an Australian case transferring to NZ. Note how it says you would need to be “legally” in NZ. If any of you didn’t already know, any Australian citizen can travel to and be legally in NZ without a visa.
I also included information that DV 2022 cases from Iraq and Afghanistan were permitted to transfer to other countries for interviews, as were (allegedly) DV 2021 cases from Australia to NZ due to the 2021 city of Sydney lockdown.
I have underscored the comments in the Auckland reply that indicate to me you may be able to transfer there.
I maintain my position, as I have said since my first comment, COVID-19 will continue to dictate how/if at all interviews will occur in Australia, despite what the bed wetters say, and if in any doubt, I heard on the radio this afternoon the U.S. Government has now officially warned its citizens not to travel to Australia due to COVID-19 spreading. Its not Delta, its Omnicron, the same Omnicron that the AU government said only several weeks ago whilst more contagious than Delta, was no more than a “bad flu”, and this “bad flu” is now resetting the records here weekly with confirmed cases and deaths. Think that does not have a flow on effect? then you obviously have not been in a supermarket lately, I’m down to my last roll of toilet paper, and no, its not panic buying like last year, its the whole supply chain thats ruined, with everyone in that supply chain sick with COVID-19 Omnicron, aka the “bad flu”. Sooner than later that supply chain will include chains that supply U.S. consulates here, and thats when the DOS will have a reason not to interview that any Court will accept. My unqualified advice, if you are a plaintiff, be prepared to move fast, who knows DOS may throw a curve ball to convince a Court they are trying to help, by offering you an interview in a country on the other side of the world, at short notice, where you are put on AP pending a medical after the interview. If you are a case with a spouse and children derivatives can you move quickly? Pull kids out of school at short notice?, do you have all your documents ready? Mine are already boxed and ready, and so should yours
Replies from Suva and Auckland below
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2022OC5XX
DS 260 submitted November 2021
No documents requested or submitted
Ready to be scheduled for interview December 2021
Current as of January 2022
From the Suva Embassy
Dear XXX,
The Suva Consular District covers Fiji, Kiribati, Nauru, Tonga, Tuvalu and the three French Territories of French Polynesia, New Caledonia and Wallis & Futuna.
Although consular officers may be sympathetic to applicants' reasons for preferring to apply in Suva, their visa decisions are based on U.S. immigration law. Under the regulations governing visa applications, Suva cannot accept an immigrant visa case from third country nationals not residing in Suva’s consular district. Applicants who neither reside nor have long term work permits in the Suva Consular District need to apply at the embassy/consulate having jurisdiction over their usual place of residence.
Sincerely,
From the Auckland Consulate
Regarding your request about transferring of your immigrant visa case from Australia to Auckland, regrettably we cannot accept your case for visa processing in New Zealand. You will need to liaise with the American Embassy or Consulate in Australia to process your visa.
Department regulations designate the alien’s residence as the determining factor for the place of application under normal circumstances. This is based on the view that a consular officer assigned to the country of the alien’s residence is in the best position to resolve questions relating to visa eligibility.
Unless physically present in the consular district legally, an alien in whose country of residence immigrant visas are routinely processed should not normally be accepted for processing by an Embassy or Consulate that handles immigrant visa processing in a third country. Should an embassy or consulate wish to accept such a case in exceptional circumstances, it must first obtain State Department (CA/VO/F/P) approval. At this time we have insufficient evidence to submit to the Department (CA/VO/F/P) requesting/recommending transfer of this case to Auckland for future processing.
I’m sorry we could not accommodate your request.
Regards
B