Resources for 05-17-11 Seminar - AILA webCLE

U.S. Embassy – Mexico City - Immigrant Visas
Excerpts from Embassy Website (May 2011)
The U.S. Embassy in Mexico City is currently processing immigrant visas in the F4 and adoption
categories. F4 beneficiaries are the brothers and sisters of U.S. citizens who have filed
immigrant visa petitions on their behalf. Applicants who will have their interviews in Mexico City
will be contacted directly by the Department of State’s National Visa Center and given
instructions on requirements they must fulfill before their immigrant visa interview.
Applicant Instructions
Starting April 1 st . 2011, immigrant visa applicants must complete the following steps
prior to attending your consular interview appointment:
1. Complete the DS-260 form online at http://ceac.state.gov/iv/.
2. Print the DS-260 form confirmation page.
3. Next, go to http://mexico.usvisa-info.com and follow the instructions to log in and
to schedule an appointment at any of the Applicant Service Centers (ASCs) in
Mexico. Each applicant is required to appear in person at the ASC prior to the
consular appointment date. At the ASC your fingerprints and photographs will be
collected.
4. At the same website, http://mexico.usvisa-info.com, select a DHL courier office
location where you would like to receive your visa.
On your interview date
Do not arrive at the Embassy before 6:00 a.m. or more than 30 minutes before your
scheduled appointment. Your place in line will not be determined by the order in which you
arrive.
The Embassy is located at Paseo de la Reforma 305, Col. Cuauhtemoc, Mexico D.F. Upon
arrival, please proceed to the Rio Danubio entrance for further instruction.
All immigrant visa applicants, regardless of age, should appear in person for their interview.
All immigrant visa applicants MUST bring the following documents to their interview:
Appointment letter from the National Visa Center
Any current or expired U.S. nonimmigrant visas (border crossing cards or visas in a
passport)
Tax documents from the most recent tax year for both the petitioner and any joint sponsors
Proof of the petitioner’s U.S. citizenship (U.S. birth certificate, naturalization certificate, or
current U.S. passport)
The Embassy processes thousands of nonimmigrant visa applications and a significant
number of immigrant visa applications every day. Although every effort is made to minimize wait
time, applicants may experience delays at the Embassy.
Once applicants qualify for an immigrant visa, they may pick up their visa at the DHL office
they selected when they scheduled their ASC appointment.
No assurance can be given in advance that a visa will be issued. The applicant is advised
NOT to make travel arrangements, dispose of property, or give up employment until the visa
has been issued. Please note that the US$400 fee paid in advance to the National Visa Center
(NVC) is nonrefundable, regardless of the outcome of the interview.
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Security Instructions
Do not talk to strangers on the street or provide your documents to anyone offering to put
them in order. If you have a question, please direct it to Embassy personnel once you are inside
the visa section.
No one is permitted to enter the visa section with weapons, luggage, cameras, cell phones,
or any type of electronic or recording device. Food and beverages are also not permitted.
Applicants may check cell phones and electronic devices with the guards at the visa section
entrance. All visitors are subject to search.
After Visa Issuance
An immigrant visa is usually valid for a maximum of six months from the date of issuance. The
applicant must travel and apply for admission to the United States within that six-month period.
Frequently Asked Questions
What is an immigrant visa?
An immigrant visa is a document issued by the U.S. State Department that allows you to travel
to the United States to apply for admission as a legal permanent resident (LPR). The
Department of Homeland Security makes the final decision as to whether or not to admit you as
an LPR. Once you are admitted as an LPR, you generally have the right to live and work in the
United States permanently. The Department of Homeland Security will mail your permanent
resident card (often called a “green card”) to your new address in the United States, usually
within three months of your entry into the United States. Please see the Department of State
website for information on applying for an immigrant visa.
Who falls into the F4 immigrant visa category?
F4 beneficiaries are the brothers and sisters of U.S. citizens who have filed immigrant visa
petitions on their behalf.
My immigrant visa petition is about to become current. How will I know whether my
interview will take place in Mexico City or Ciudad Juarez?
Only applicants in the F4 and adoption categories will have their interviews in Mexico City. The
Department of State’s National Visa Center will contact applicants with current immigrant visa
petitions and provide instructions on their interview location and the requirements they must
fulfill before their interviews.
Will applicants who will have their immigrant visa interview in Mexico City have to travel
to Ciudad Juarez for the medical exam?
No, those applicants will be able to complete their required medical exams in Mexico City.
I would prefer to have my IV interview conducted at the Embassy in Mexico City even
though I do not fall into the F4 or adoption categories. Can I have my appointment moved
from Ciudad Juarez to Mexico City?
No. The Department of State has authorized the Embassy in Mexico City to process visas only
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in the F4 and adoption categories. The Embassy will be unable to process visas that fall outside
of these two categories. Interviews in all other immigrant visa categories will continue to take
place at the Consulate General in Ciudad Juarez.
I would prefer to complete my required medical exam in Mexico City even though my
immigrant visa interview will take place in Ciudad Juarez. Can I schedule my exam in
Mexico City?
No. The panel physicians’ office in Mexico City will be staffed to handle only the F4 and
adoption workload for the Embassy. Applicants in all other immigrant visa categories must go to
the panel physicians in Ciudad Juarez for their exams.
I have a pending immigrant visa to the United States. How do I find out which immigrant
visa category I fall into and the status of my petition?
Mexican citizens who wish to check the status of a pending immigrant visa petition or their visa
category may contact the National Visa Center via e-mail at NVCInquiry@state.gov.
Medical Exam Information
The date of your visa interview appointment is indicated in the letter that you received from the
National Visa Center. However, you should be aware that it is YOUR RESPONSIBILITY to
complete your medical examination BEFORE THAT DATE. We suggest that you make
arrangements for your medical examination at least FIVE (5) days before your interview
appointment date.
Note: Applicants ages two (2) to fourteen (14) must undergo the medical examination at least
five (5) workdays before their scheduled interview appointment at the U.S. Embassy in Mexico
City. Failure to do so may result in processing delays or rescheduling of the initial appointment.
Children within this age range should be immunized at least four (4) weeks before their medical
examination.
The only medical office authorized to perform medical examinations on behalf of the U.S.
Embassy in Mexico City is:
Médicos Especializados Internacionales
Consultorio 104
Eugenio Sué No. 355,
Col. Polanco
Delegación Miguel Hidalgo
11550 México, D.F.
Phone: 5545-2979
Appointment Hours
7:30 a.m. – 12:00 p.m., Monday through Friday
(Call to schedule an appointment 9:00 a.m. to 1:30 p.m. and 2:30 p.m. to 4:30 p.m.)
Required Documents for Medical Visit
Visa Appointment Letter
Passport
Required fee of $2865.20 Mexican pesos covering the medical examination ($2262.50 for
minors under age 15) paid via cash or credit card only (Visa or MasterCard)
Additional Guidance
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If you suffer from a chronic illness, have been treated for any venereal disease, or are under
psychiatric care, please bring your medical file or have one forwarded to the doctor before your
medical examination.
If you take prescription medication, please have the prescription from your doctor with you
on the day of the medical appointment.
Applicants do not need to bring photos to the medical exam; they will be provided by the
medical clinic.
Any required DNA testing must be covered by the applicant.
The vaccination fee is separate from the cost of your required medical examinations.
Because of space limitations, family members will not be permitted to accompany applicants
into the clinic or the medical building; the only exception to this policy is the parents of adoptees.
Please present your appointment letter to the receptionist at the entrance. You must have your
complete set of documents with you.
Contact Information
Information and Drop-Off Window Hours
The Immigrant Visa Section offers information and document collection hours:
When: 1:00 p.m. – 2:00 p.m., Monday-Friday except holidays and administrative days. See
the Consular Calendar for the list of closures.
Where: Visa Section, U.S. Embassy Mexico City, 305 Reforma
Visa
Inquiries
To submit a question or comment, please use our Online Form. We respond to most requests in
less than 48 business hours.
Congressional
Inquiries
If you are a U.S. Congressional office, please email us at consularmexico@state.gov. This
email address is for Congressional inquiries only. All other inquires will not be answered.
From Mexico:
Embajada de Estados Unidos
Paseo de la Reforma 305
Col. Cuauhtemoc
06500 Mexico, D.F
Telephone from Mexico: (01-55) 5080-2000
From the U.S.:
American Embassy Mexico
P.O. Box 9000
Brownsville, TX 78520-9000
Telephone from the U.S.: 011-52-55-5080-2000
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US Consulate General
Paseo de la Victoria #3650
Fracc. Partido Senecú
Ciudad Juárez, Chihuahua, Mexico C.P. 32543
656- 227-3000
Ciudad Juarez Consular Links
US Consulate Cuidad Juarez; http://ciudadjuarez.usconsulate.gov/
Visas; http://ciudadjuarez.usconsulate.gov/visas.html
Instructions for interview; http://ciudadjuarez.usconsulate.gov/root/pdfs/addiv.pdf
Complete DS-260 form online; http://www.immigrantvisas.state.gov
Schedule an appointment for fingerprint and medical; http://mexico.usvisa-info.com/
Select DHL office where you would like to receive visa or notification; http://mexico.usvisa-info.com/
Appointment reschedule; http://mexico.usvisa-info.com/
http://ciudadjuarez.usconsulate.gov/visa_services.html
VISA SERVICES;
Visa Overview; http://ciudadjuarez.usconsulate.gov/visa_services.html
Photo; http://ciudadjuarez.usconsulate.gov/photo_requirements.html
Visa Customer Service Statement; http://ciudadjuarez.usconsulate.gov/visa-customer-servicestatement.html
Recommendations; http://ciudadjuarez.usconsulate.gov/recommendations2.html
Payment Options; http://ciudadjuarez.usconsulate.gov/uploads/s0/Z5/s0Z59Xh6uisno_IAw0mPQ/paymentoptions12-jan-10.pdf
Restricted Articles; http://ciudadjuarez.usconsulate.gov/restricted-articles.html
FAQs; http://ciudadjuarez.usconsulate.gov/hivfaqs3.html
2011 AILA Teleconference/Web Conference
© 2011 American Immigration Lawyers Association

IMMIGRANT VISAS;
Immigrant Visas; http://ciudadjuarez.usconsulate.gov/immigrant_visas.html
What is an immigrant visa?; http://ciudadjuarez.usconsulate.gov/whatisaniv.html
Is the applicant a US citizen; http://ciudadjuarez.usconsulate.gov/hivhowtobegin.html
Steps to obtain a visa; http://ciudadjuarez.usconsulate.gov/iv_steps.html
Immigrant visa forms; http://ciudadjuarez.usconsulate.gov/immigrant-visa-and-fiancee-visa-forms.html
Immigrant visa cost; http://ciudadjuarez.usconsulate.gov/hivcosts.html
Medical Examinations and vaccines http://ciudadjuarez.usconsulate.gov/final-interview-and-medicalexam.html
Orphan Adoption Visas; http://ciudadjuarez.usconsulate.gov/immigrant-visas-for-orphans.html
Child Citizenship Act of 2000; http://ciudadjuarez.usconsulate.gov/child-citizenship-act-of-2000.html
The Waiver Process; http://ciudadjuarez.usconsulate.gov/waivers.html
Frequently Asked Questions; http://ciudadjuarez.usconsulate.gov/hivfaqs.html
Immigrant Visa Appointment Checklist; http://ciudadjuarez.usconsulate.gov/iv_checklist.html
FIANCE VISAS, K-1 (Fiancé) and K-3 (Spouse) Visas;
http://ciudadjuarez.usconsulate.gov/hivfiance/
NON-IMMIGRANT VISAS; http://ciudadjuarez.usconsulate.gov/non-immigrant_visas.html
ADMINISTRATIVE PROCESSING; http://ciudadjuarez.usconsulate.gov/admin_processing.html
LOST OR STOLEN VISAS; http://ciudadjuarez.usconsulate.gov/hnivartic3.html
USCIS; http://ciudadjuarez.usconsulate.gov/hcis.html
2011 AILA Teleconference/Web Conference
© 2011 American Immigration Lawyers Association

To report errors on your visa cdjconsularpassback@state.gov
Congressional Inquiries
If you are a U.S. Congressional office seeking the status of a constituent's case, please email us at
CDJIVCONG@state.gov. This email address is for congressional inquiries only. All other inquires will
not be answered.
Attorney Inquiries
All attorney inquiries should be directed through our online legal inquiry form at
http://ciudadjuarez.usconsulate.gov/feedback-form.html. This form is for legal inquiries only. All other
inquires will not be answered. Attorneys are not permitted to accompany their clients into the Consulate.
Public Inquiries
Public inquiries regarding visa denials, administrative processing or American Citizen Services should be
directed to our online public inquiry form at
http://ciudadjuarez.usconsulate.gov/public_inquiry_form.html. This form should not be used to request
general information, which can be obtained by browsing this website or calling our call center at the
numbers listed above under Visa Information/Appointments. This form should not be used to request the
status of a pending I-601 waiver application or for an explanation of a denied waiver application.
Waiver Inquiries
All pending I-601 waiver inquiries should be made directly to the United States Citizenship and
Immigration Services (USCIS), who have sole authority to review waivers. Processing times for waiver
applications can be between 6 to 18 months. For an update on the status of your waiver, you can contact
USCIS at cdj.uscis@dhs.gov. For general information on applying for a waiver, visit www.uscis.gov.
Attorney: Attorneys will NOT be permitted to accompany clients into the waiting room or at their
interviews.
2011 AILA Teleconference/Web Conference
© 2011 American Immigration Lawyers Association

What is an immigrant visa?
An immigrant visa is a document issued by a U.S. consular officer abroad that allows you to travel to the
United States and apply for admission as a legal permanent resident (LPR).
An immigration inspector of U.S. Customs and Border Protection of the Department of Homeland
Security makes the final decision as to whether or not to admit you as an LPR.
Once you are admitted as an LPR, you generally have the right to live and work in the United States
permanently. U.S. Citizenship and Immigration Services of the Department of Homeland Security will
mail your permanent resident card (often called a “green card”) to your new address in the United States,
usually within three months of your entry into the United States.
2011 AILA Teleconference/Web Conference
© 2011 American Immigration Lawyers Association

Consular Calendar
The Visa Section of the United States Embassy in Mexico City will be closed on the holidays
listed below. In addition, all Visa Units of the Consular Section -- Immigrant Visas and
Nonimmigrant Visas - will be closed on Administrative Days
Holiday and Administrative Days 2011
Administrative Day Monday, January 10, 2011
Administrative Day Tuesday, January 11, 2011
Martin Luther King's Birthday Monday, January 17, 2011
Anniversary of Mexican Constitution Monday, February 7, 2011
Administrative Day Wednesday, February 16, 2011
President's Day Monday, February 21, 2011
Administrative Day Wednesday, March 9, 2011
Benito Juarez's Birthday Monday, March 21, 2011
Administrative Day Thursday, March 31, 2011
Administrative Day Wednesday, April 13, 2011
Holy Thursday Thursday, April 21, 2011
Good Friday Friday, April 22, 2011
Anniversary of the Battle of Puebla Thursday, May 5, 2011
Mother's Day (Mexico) Tuesday, May 10, 2011
Administrative Day Wednesday, May 18, 2011
Memorial Day (U.S.A.) Monday, May 30, 2011
Administrative Day Wednesday, June 8, 2011
Administrative Day Thursday, June 30, 2011
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Independence Day (U.S.A.) Monday, July 4, 2011
Administrative Day Wednesday, July 13, 2011
Administrative Day Friday, July 31, 2011
Administrative Day Wednesday, August 10, 2011
Administrative Day Wednesday, August 31, 2011
Labor Day (U.S.A.) Monday, September 5, 2011
Mexican Independence Day Friday, September 16, 2011
Administrative Day Friday, September 30, 2011
Columbus Day Monday, October 10, 2011
Administrative Day Wednesday, October 19, 2011
Administrative Day Monday, October 31, 2011
All Soul's Day Wednesday, November 2, 2011
Veteran's Day (U.S.A.) Friday, November 11, 2011
Administrative Day Wednesday, November 16, 2011
Anniversary of the Mexican Revolution Monday, November 21, 2011
Thanksgiving Day Thursday, November 24, 2011
Administrative Day Friday, December 23, 2011
Christmas Day Monday, December 26, 2011
Administrative Day Friday, December 30, 2011
New Year's Day Monday, January 2, 2012
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USCIS International Operations – May 2011 Excerpts
Leadership
Steve Bucher is the Associate Director, Refugee, Asylum and International Operations.
Mission
The Refugee, Asylum, and International Operations Directorate (RAIO) leverages its domestic
and overseas presence to provide protection, humanitarian, and other immigration benefits and
services throughout the world, while combating fraud and protecting national security.
Vision
With a highly dedicated and flexible workforce deployed worldwide, the Refugee, Asylum and
International Operations Directorate will excel in advancing U.S. national security and
humanitarian interests by providing immigration benefits and services with integrity and
vigilance and by leading effective responses to humanitarian and protection needs throughout
the world.
What We Do
Our nation is committed to an immigration system that operates with integrity and facilitates the
lawful immigration of eligible persons, while preventing the immigration of ineligible individuals,
especially those who pose a national security risk. Within this context, our nation has a
particularly strong tradition of opening its doors to people:
Fleeing oppression, persecution and torture because of their race, religion, nationality,
membership in a particular social group, or political opinion
Confronting an urgent humanitarian situation and needing authorization to enter the United
States on a temporary basis
In addition, the United States Citizenship and Immigration Services (USCIS) recognizes that
there are other categories of people seeking immigration benefits who are more effectively
served overseas than within the United States itself. These people include:
Active duty members of our Armed Forces serving overseas who seek to become
naturalized citizens
Lawful permanent residents who are overseas and have lost documentation that would
enable them to lawfully return to the United States
Individuals who live overseas and seek to be reunified with relatives in the United States.
The responsibility of extending protection and humanitarian assistance and providing other
immigration benefits and services to these people has been assigned to the USCIS Refugee,
Asylum, and International Operations Directorate (RAIO).
RAIO’s mission requires a widely dispersed domestic and international presence. In addition to
RAIO’s Washington, D.C., headquarters operations, including the home base of the Refugee
Corps, our global presence now includes:
28 overseas field offices
8 domestic Asylum offices
2 domestically-located branches of the International Operations division (IO) tasked with the
adjudication of overseas applications not requiring interview
An IO office in Miami responsible for administering a cooperative agreement that provides
resettlement and orientation benefits to Cuban and Haitian parolees.
Additionally, RAIO sends officers on circuit rides overseas to adjudicate refugee benefits,
frequently in remote locations, and domestically to adjudicate asylum benefits.
Organization
RAIO is made up of three divisions.

The Refugee Affairs Division, a principal partner in the United States Refugee Admissions
Program, is responsible for providing the humanitarian benefit of refugee resettlement to
applicants in need of protection throughout the world while diligently protecting the U.S.
homeland through careful national security screening.
The Asylum Division manages the U.S. affirmative asylum process, which permits individuals
already in the U.S. or at a port of entry, who are not in immigration proceedings, to request
asylum if they are unable or unwilling to return to their country of origin due to past persecution
or a well-founded fear of future persecution.
The International Operations Division, with 29 international field offices around the world, is
the face of USCIS overseas. Our international offices play a critical role in extending
immigration benefits to eligible individuals and exercising vigilance in matters of fraud detection
and national security, thereby supporting the mission of USCIS in Securing America's Promise.
Last updated: 05/13/2011
The International Operations Division (IO), within the USCIS Refugee, Asylum and International
Operations Directorate, has approximately 240 employees located in Washington, DC, Miami,
FL, Anaheim, CA and 25 countries overseas. Our staff is highly diverse and, unlike any other
component within USCIS, it includes foreign nationals, in addition to U.S. citizens.
Approximately 49% of the entire IO staff are foreign nationals.
IO Headquarters
IO Headquarters is composed of five branches:
1. Programs: Develops and provides policy and procedural guidance for all immigration
services provided by IO staff
2. Quality Assurance/Training/Communication: Develops and implements a quality
assurance and training program for all IO staff; and ensures public communication is
current and accurate
3. Production and Resource Management: Develops short-term and long-range plans;
conducts workload and resource analysis; engages in production and performance
management; and provides infrastructure support
4. International Adjudications Support Branch: Provides adjudicative and program
management assistance to the 28 overseas field offices
5. Humanitarian Affairs Branch: For more information, please visit the Parole section of the
USCIS Website.
Humanitarian Affairs Branch
The Humanitarian Affairs Branch (HAB) of IO is located in Arlington, Virginia and in Miami,
Florida. HAB is responsible for adjudicating requests for humanitarian or significant public
benefit parole for individuals outside the U.S. who have no other means of entering the U.S.. In
addition, HAB administers the Cuban and Haitian Entrant Program (CHEP), providing multimillion
dollar grants to non-governmental organizations that provide orientations and
resettlement services, such as employment referrals, assistance with housing and other
benefits, to Cuban and Haitian migrants paroled into the U.S. To learn more about Humanitarian
Parole, please see the link under more information on the right.

International Offices
IO international field offices are located at 29 U.S. embassies and consulates in 25 countries
and cover a global jurisdiction. The global jurisdiction is divided into three Districts: Bangkok,
Mexico, and Rome. Approximately 80% of IO staff works overseas and approximately 60% of
the overseas staff are local residents of the host countries ("locally employed staff" or "LES"),
some of whom are US Citizens, but most of whom are foreign nationals. Tours of duty for the
overseas officer corps typically span two to five years. Our overseas workload is diverse and
can be separated into 3 general areas:
provision of immigration services (including adjudication of immigration benefits and
petitions, provision of travel documents, and provision of information services);
fraud detection and deterrence; and
inter and intra-governmental liaison.
Immigration Services and Guidance
The overseas staff provides valuable information services to U.S. citizens residing abroad, as
well as to foreign nationals seeking to immigrate to the United States. In addition to responding
to written requests for information and phone calls, all offices maintain a public information
window where members of the public can ask questions in person. The windows are mostly
serviced by foreign national staff who can provide information in the local residents’ native
languages.
Overseas staff also provide travel documents to lawful permanent residents who have lost or
had their stolen green cards while overseas, to qualified family members seeking to rejoin
asylees and refugees resettled in the United States, and to individuals who have been approved
for parole for humanitarian or significant public benefit reasons. This allows them to board
airplanes to travel to the United States.
Also, overseas adjudication officers are responsible for adjudicating a variety of petitions and
applications filed overseas. You can find a complete list of these forms on the right under the
heading "Forms."
Fraud Detection and National Security
Overseas offices are actively engaged in various fraud detection and deterrence strategies that
promote the integrity of the U.S. immigration system, a critical component of securing U.S.
borders. All overseas offices have one or more staff responsible for conducting field
verifications. The purpose of a field verification may be to verify that a beneficiary of an orphan
petition is indeed an orphan, to verify civil registration documents, such as birth, marriage, and
death certificates associated with immigration applications filed either in the United State or
overseas, and to verify other assertions made in immigration petitions and applications. In
addition, overseas staff work closely with the Department of State (DOS) Fraud Prevention
Units to identify and address patterns of immigration fraud.
Inter and Intra-Government Liaison
Important functions of the overseas offices include:
Providing technical expertise on immigration-related matters for U.S. government
components overseas, including DOS and the Department of Defense,
Providing U.S. immigration information to foreign governments and non-governmental
organizations, and

Partnering with foreign governments and inter-governmental organizations, such as the
United Nations High Commissioner for Refugees, where appropriate, to further the USCIS
mission.
International Immigration Offices
To find your local international field office, please scroll down to your country from the list
below. There you will find details about office location, services and important instructions.
Austria - Vienna Field Office
China - Beijing Field Office
China - Guangzhou Field Office
Cuba - Havana Field Office
Dominican Republic - Santo Domingo Field Office
El Salvador - San Salvador Field Office
Germany - Frankfurt Field Office
Ghana - Accra Field Office
Greece - Athens Field Office
Guatemala - Guatemala City Field Office
Haiti - Port-au-Prince Office Field Office
Honduras - Tegucigalpa Field Office
India - New Delhi Field Office
Italy - Rome District Office
Italy - Rome Field Office
Jamaica - Kingston Field Office
Jordan - Amman Field Office
Kenya - Nairobi Field Office
Mexico - Ciudad Juarez Field Office
Mexico - Mexico City District Office
Mexico - Mexico City Field Office
Mexico - Monterrey Field Office
Panama - Panama City Field Office
Peru - Lima Field Office
Philippines - Manila Field Office

Russia - Moscow Field Office
South Africa - Johannesburg Field Office
South Korea - Seoul Field Office
Thailand - Bangkok District Office
Thailand - Bangkok Field Office
United Kingdom - London Field Office
Last updated: 07/28/2010

Mexico - Ciudad Juarez Field Office
Director
Vacant
Service Area
The Ciudad Juarez Sub Office has jurisdiction over immigration benefits in the Mexican States of
Chihuahua and Durango.
Street Address
United States Consulate
Paseo de la Victoria #3650
2nd Floor
Partido Senecu, Ciudad Juarez, Mexico
Mailing Address from the US
U.S. Citizenship and Immigration Services
PO Box 9896
El Paso, TX 79995
Mailing Address from Outside the US
U.S. Citizenship and Immigration Services
C/O American Consulate General
Paseo de la Victoria #3650
2nd Floor
Partido Senecu, Ciudad Juarez, Mexico CP 32543
Express Mail address
USCIS
C/O American Consulate General
Paseo de la Victoria #3650
2nd Floor
Partido Senecu, Ciudad Juarez, Mexico CP 32543
Office Location
We are located within the new United States Consulate at the above address.
Hours of Operation
The office is open to the public Monday through Friday from 8:00 AM to 12:00 PM and from 1:00
PM to 4:30 PM. The office is closed on most Mexican and American holidays.
Email
Please send e-mails to cdj.uscis@dhs.gov
Visiting the office in person
Walk-ins: An appointment is not necessary to visit the Ciudad Juarez Field Office during normal
business hours. Walk-ins are accepted on a first-come, first-served basis.
Public Transportation
Taxi is the best way to get to our office.

Parking & Handicap Accessibility
Accessibility for those with special needs is available.
Paying Fees
Fees for applications and petitions are listed on the Forms section of the USCIS website. The
fees for all applications and petitions submitted to this office must be paid at the Consulate's
Cashier window, with either U.S. dollars, Mexican pesos, U.S. Postal Money Orders, U.S.
Treasury Checks, Visa, MasterCard, American Express, or Discover Card. We do not
recommend bringing large amounts of cash due to security concerns.
Customer Feedback
We strive to provide quality service to our customers. If we have not lived up to this commitment,
or if we have met or exceeded your expectations, please let us know. To comment on the
services provided at this office, please write to the Field Office Director at the address given
above, or to the:
District Director
U.S. Citizenship and Immigration Services
PO Box 9000,
Brownsville, TX 78520
If you feel you were mistreated by USCIS, or wish to make a complaint of misconduct by USCIS,
you may write to the District Director, or write directly to the:
Department of Homeland Security
USCIS
Attn: Chief, International Operations Division
20 Massachusetts Avenue, NW, Suite 3300
Washington, DC 20529-2100
Forms
Immigration forms are available under the Forms section of the USCIS website.
Visas
For in-depth information about visas, please check the Visa Services section of the U.S.
Department of State website. For additional information in Spanish, please click here.
Form I-407
The abandonment of lawful permanent resident status is irrevocable. An individual who
relinquishes lawful permanent resident status must qualify again for such status. Therefore, one
should give careful thought to abandoning lawful permanent resident status.
If you wish to abandon your permanent residence and relinquish your Permanent Resident Card
(Green Card), please contact us by sending us a written statement, by regular mail or e-mail, or
come into the office for further instructions.
Forms I-600 & I-600A
Mexico is a Hague Adoption Convention Country.
For specific information on intercountry adoptions and procedures please see the Department of
State website, and the Adoption section of the USCIS website.
Form I-130

U.S. citizens that reside in Mexico and are in possession of a Mexico Migration Form 2 or 3
(FM2/FM3) may file a Petition for Alien Relative (Form I-130), by mail or in person at the above
address.
Form N-400
U.S. immigration offices overseas do not accept or process Naturalization applications from U.S.
Lawful Permanent Residents (LPRs). See the Citizenship section of the USCIS website for
Naturalization eligibility criteria and the proper filing procedures.
Form I-131 Parole
The Ciudad Juarez Field Office does not issue Humanitarian Parole. Individuals must apply for
Humanitarian parole by submitting their applications to:
For US Postal Service (USPS) Deliveries:
USCIS Dallas Lockbox
USCIS
PO Box 660865
Dallas, TX. 75266
For Express mail and courier deliveries:
USCIS
Attn: HP
2501 S. State Hwy 121, Business
Suite 400
Lewisville, TX 75067
Instructions on how to file an application for Humanitarian Parole are located on Form I-131 and
in the Humanitarian Parole Section of the USCIS Website.
Form I-131 Re-entry
The Ciudad Juarez Sub-Office does not issue or extend Re-Entry Permits. Instructions on how to
obtain or replace a re-entry permit are on the How Do I Get A Travel Document section of the
USCIS website.
Form I-590
The Ciudad Juarez Field Office does not directly accept refugee resettlement applications. The
applications should be filed with the State Department's local designated voluntary agencies in
Mexico. We are also unable to check the status of any pending refugee resettlement application.
Please contact the voluntary agency to which the application was submitted. Inquiries on
previously rejected refugee applications should also be addressed to the voluntary agency with
which the application was submitted.
For general information and processing criteria, please see the Department of State website and
the Refugee section on the USCIS Website.
Form I-601
Waivers of grounds of inadmissibility should be submitted to the U.S. Consulate where the visa
was denied by following the procedures outlined by the consulate. The processing time may vary
depending on the cause for denial and the waiver requirements.
Transportation Boarding Letters
Lawful Permanent Residents of the U.S. who are not in possession of their Permanent Resident

Cards (Green Card) and need a transportation boarding letter, should contact U.S. Customs and
Border Protection (CBP). Last updated: 03/17/2011
U.S. Citizenship and Immigration Services
General Information
Hours of Operation
Monday-Friday, 8:00 a.m. to 4:00 p.m.
The Field Office of U.S. Citizenship and Immigration Services (USCIS) is located at the U.S.
Consulate. United States Government offices close on most American and Mexican holidays.
Location:
United States Consulate
Paseo de la Victoria #3650
2 nd Floor
Partido Senecu, Ciudad Juarez, Mexico
The USCIS office provides the following walk up services:
-Filing of Form I-600 and I-600A
Mexico is a Hague Adoption Convention Country. For specific information on inter-country
adoptions and procedures please see the Department of State website, and the Adoption
section of the USCIS website.
-Abandonment of Lawful Permanent Resident Status (I-407);
-Petition for Alien Relative (I-130) (Petitioners must show proof that he or she resides in the
Mexican states of Chihuahua or Durango);
-Petition for Amerasian, Widow(er) or Special Immigrant (I-360);
-Application for Waiver of Grounds of Inadmissibility (I-601). Please note that the I-601 Waiver
is only requested and accepted by a Consular Officer. The Ciudad Juarez USCIS Office
cannot accept I-601s directly. http://ciudadjuarez.usconsulate.gov/root/pdfs/cdj101.pdf
New waiver applicants may file their I-601 by calling the following toll telephone numbers to
obtain an appointment. There is no charge to make an appointment except what charges you
may incur by calling the telephone numbers:
United States based toll telephone: 703-439-2310
Mexican based toll telephones:
Aguascalientes – 449-4628591, Ciudad Juarez – 656-2121016, Celaya – 461-1623595,
Guadalajara – 33-46241978 or 33-46240367, Hermosillo – 662-4562526, Huejotzingo – 227-
4624762, Irapuato – 462-3873637, Leon – 477-4933832, Mexico City – 55-11634677 or 55-
47707716, Monterrey – 81-46242508 or 81-46244467, Nogales –631-4552516, Nuevo Laredo –
867-2333638 or 867-1332606, Puebla – 222-5763899, Queretaro – 442-3489542, Saltillo -844-
2504138, San Luis Potosi – 444-2402448, San Martin – 248-4623439, Tijuana – 644-1406041,
Toluca – 722-4622248
You can also make a online waiver appointment free of charge by clicking here or going to
http://mexico.usvisa-info.com/
You may also call these numbers or website should you have a question about your
waiver appointment or need information about the visa or waiver process in Cd. Juarez.

The applicant files the I-601 at the US Consulate and if the waiver is readily approvable, the
immigrant visa applicant generally receives his or her immigrant visa within a few business
days. I-601 applicants whose waivers are referred and pending may request that their waivers
be expedited based on the following criteria:
1. The applicant has urgent, critical medical needs that cannot be addressed in the applicant’s
country;
2. An applicant’s family member in the U.S. has a life-threatening medical condition and has
immediate needs related to that condition for the applicant to assist the family member in the
U.S.;
3. Urgent circumstances related to the death or terminal illness of a family member;
4. The applicant or qualifying family member is a particularly vulnerable individual due to age or
disability;
5. The applicant is at risk of serious harm due to personal circumstances distinct from the
general safety conditions of those living in the applicant’s country; or
6. It would be in the national interest of the United States to have the applicant in the United
States (for example the applicant’s presence in the United States is urgently required for work
with a U.S. government entity).
In addition, requests to expedite because the qualifying family member is an active duty U.S.
military service member or on active military duty generally will be considered favorably.
Requests for expedited processing must include sufficient evidence to support the claimed need
for such processing or an explanation as to why such evidence is not available. For example, if
the request is based on an urgent, life-threatening medical condition, the applicant should
provide a medical report. If the request is based on urgent need by a U.S. government entity to
have the applicant in the U.S., a letter from the entity supporting the expedite request should be
provided.
Please note that if you do not receive a response to your request to expedite within 15 days
from the date of notice of receipt of the request, their request to expedite may be presumed to
be denied.
Please email the expedite request to cdj.uscis@dhs.gov or send via USPS to:
USCIS
PO Box 9896
El Paso, TX 79995
-Verification of Departure from the U.S. This is only for those persons who have been ordered
deported or removed from the U.S. or have been granted Voluntary Removal. This is now a
function of the Immigration and Customs Enforcement (ICE) office in Cd. Juarez. The ICE office
is located at:
United States Consulate
Paseo de la Victoria #3650
2 nd Floor
Partido Senecu, Ciudad Juarez, Mexico
All other I-94 departure verifications must be addressed by Customs and Border Protection
(CBP) located at border entries. Please visit CBP for more information.

Message from the U.S. Consulate in Ciudad Juarez, Mexico
AILA Liaison received the following information via e-mail regarding the ability to schedule a
waiver appointment for an immigrant visa in Mexico. The e-mail states:
Please be advised that as of January 10, 2011, the procedure to request a waiver appointment
has changed. Applicants can make the appointment through the following website
http://mexico.usvisa-info.com. They will need to log onto the website using their Passport
Number, Date of Birth and Nationality. When prompted to select a Trip Purpose, they will need
to choose "Immigrant IV Waiver" to schedule the appointment.
Alternatively, Applicants can schedule their waiver appointment by contacting the Visa
Information Service at any of the numbers provided in the following link: http://www.usvisainfo.com/en-MX/selfservice/us_service_options.
We hope this information is useful in responding to your questions. For future reference, direct
all inquiries through our online form at http://ciudadjuarez.usconsulate.gov/feedback-form.html.
Inquiries sent by mail or fax will face significant delays in processing. Please note that unless
you have been specifically requested to send additional information directly to this mailbox, your
message will not be replied to.
Sincerely,
Consular Information Unit
U.S. Consulate General Ciudad Juarez, Mexico
-General Immigration Information.
How to contact us:
If the information you require is not available here, you may write to:
U.S. Citizenship & Immigration Services (USCIS)
P.O. Box 9896
El Paso, Texas 79995
Mexico - Mexico City District Office
District Director:
Joseph Roma
Deputy District Director:
Mari-Carmen Jordan
Administrative Jurisdiction:
The Mexico City District Office has administrative jurisdiction over the USCIS field offices
located in Mexico City, Mexico; Monterrey, Mexico; Ciudad Juarez, Mexico; Guatemala City,
Guatemala; San Salvador, El Salvador; Havana, Cuba; Kingston, Jamaica; Lima, Peru; Panama
City, Panama; Port au Prince, Haiti; Santo Domingo, Dominican Republic; and Tegucigalpa,
Honduras.
For any concerns or issues related to our district office, please contact us at:
District Director
U.S. Citizenship and Immigration Services
United States Embassy
Paseo de la Reforma #305, Room 118

Colonia Cuauhtemoc
Mexico DF 06500
Mexico
The following field offices are under the Rome District:
Ciudad Juarez
Guatemala City
Havana
Kingston
Lima
Mexico City
Monterrey
Panama City
Port-au-Prince
San Salvador
Santo Domingo
Tegucigalpa
To find out more information on these field offices see the links on the right.
Last updated:02/10/2011
Form I-601 - Application for a Waiver of Ground of Inadmissibility
Filing the Application
In certain circumstances, individuals who have been found ineligible for an immigrant visa under
the Immigration and Nationality Act (INA) may file an Application for Waiver of Ground of
Inadmissibility (Form I-601). The I-601 and the Extreme Hardship Instructions (PDF) are filed at
the Ciudad Juarez U.S. Consulate where the beneficiary of the petition applied for the Immigrant
Visa.
The waiver and supporting documentation is then reviewed by the U.S. Citizenship and
Immigration Services (USCIS) Ciudad Juarez Office. If the waiver is readily approvable, the
applicant usually receives his or her immigrant visa the next business day by the Dept. of State.
Otherwise, the waiver is referred for a later final review and decision. Applicants are notified in
writing of the decision and given instructions on how to proceed.
Jurisdiction for adjudicating the I-601 Application
The Ciudad Juarez Sub-office of U.S. Citizenship and Immigration Services has jurisdiction for
adjudicating all I-601 applications submitted to the Immigrant Visa Section at the Ciudad Juarez,
Mexico U.S. Consulate. The Ciudad Juarez U.S. Consulate processes all Immigrant Visas for
Mexico. The Ciudad Juarez USCIS Offices also reviews and adjudicates K-1 and K-3
Nonimmigrant Visa I-601 Waivers.
Processing Times
Should the I-601 waiver not be approved on the same day as its in person submission and is

eferred for a future and final review and adjudication, the current processing time is 13-15
months.
Extreme Hardship Evidence
You may submit Extreme Hardship Evidence at the time the I-601 Waiver is submitted to a
consulate employee. However, should the waiver be referred you may mail additional hardship
evidence to:
Department of Homeland Security
U.S. Citizenship and Immigration Services
PO Box 9896
El Paso, Texas 79995
Expedited Waiver Processing
The Ciudad Juarez USCIS Office may consider the expeditious processing of a waiver in cases
where the waiver applicant can show that an extreme medical condition or medical emergency
exists or if the applicant’s military spouse is preparing or has already deployed to an overseas
post.
Expedited waiver requests should be made to the Consular Officer or to our office using the
above address.
DATE / FECHA: ______________________________
CASE NUMBER / NÚMERO DE CASO: CDJ______________________________
APPLICANT NAME / APLICANTE: ______________________________
PLEASE READ THIS NOTICE CAREFULLY
This is in reference to your I-601 Application for Waiver of Grounds of Excludability. This waiver is provided for
under Section 212 of the Immigration and Nationality Act, as amended. Approval of such application requires a
finding that the refusal of admission to the United States of such immigrant alien would result in extreme hardship
to the United States citizen or lawful permanent resident spouse or parent of such I-601 applicant. That
extreme hardship must be demonstrated both if the United States citizen or lawful permanent resident spouse
or parent remains in the United States or if s/he relocates to the country in which the I-601 applicant
currently resides. Approval also requires a favorable exercise of discretion from the Secretary of the Dept. of
Homeland Security. This requires a weighing of all factors, the favorable against the unfavorable, in each case.
All claims of hardship must be supported by documentary evidence or explanation specifying the hardship. Family
separation and financial inconvenience, in and of themselves, do not necessarily constitute extreme hardship.
Therefore, it is important for your spouse or parent to describe and document any other claim that might be a
hardship. The above-requested information is necessary to render an equitable and fair decision on your Application
for Waiver of Grounds of Excludability (I-601).
Any Spanish language documents must be accompanied by a full English language translation which the translator
has certified as complete and accurate, and by the translator’s certification that he or she is competent to translate
from the Spanish language into English (See 8 CFR 103.2(b)(3)). Failure to comply with this translation requirement
may result in rejection of the I-601 waiver or the non-English language evidence may not to be considered during
the review and adjudication of your waiver.
You have been advised by the US Consulate in Ciudad Juarez, Mexico that you need to file an I-601 (ver.
11/23/2010) & G-325, pay a $585 application fee (credit/debit cards and money orders are accepted), and
submit the “extreme hardship” evidence discussed below. You may download the I-601 and G-325 from

www.uscis.gov. In order to submit the I-601, you must first make an appointment online at
http://mexico.usvisa-info.com/. You may also call a US based number at 703-439-2310 or 703-439-2313 or a
local Mexican telephone number closest to your location. There is no charge to make an appointment. You
may incur a charge for the telephone call.
Aguascalientes – 449-4628591, Ciudad Juarez – 656-2121016, Celaya – 461-1623595, Guadalajara – 33-46241978
or 33-46240367, Hermosillo – 662-4562526, Huejotzingo – 227-4624762, Irapuato – 462-3873637, Leon – 477-
4933832, Mexico City – 55-11634677 or 55-47707716, Monterrey – 81-46242508 or 81-46244467, Nogales –631-
4552516, Nuevo Laredo – 867-2333638 or 867-1332606, Puebla – 222-5763899, Queretaro – 442-3489542, Saltillo
-844-2504138,
San Luis Potosi – 444-2402448, San Martin – 248-4623439, Tijuana – 644-1406041, Toluca – 722-4622248.
1

It is very important that you provide documentary evidence your United States Citizen/Legal Permanent Resident
spouse or parent will suffer “extreme hardship”, 1. Should you not return to the United States; and 2. Should s/he
relocate to be with you in your country of residence. Failure to meet the burden may result in the denial of your
waiver and the possible inability to be admitted into the US for a specific period of time or on a permanent basis.
USCIS will adjudicate your I-601 waiver based on the documentary evidence you submit the I-601 waiver to the US
Consulate. A waiver of section 212 of the Immigration and Nationality Act is dependent first upon a showing that
the bar imposes an “extreme hardship” on a qualifying family member. Congress provided this waiver but limited its
application. By such limitation it is evident that it did not intend that a waiver be granted merely due to the fact that
a qualifying relationship existed. The key term in the provision is "extreme" and thus only in cases of real actual or
prospective injury to the United States national or lawful permanent resident will the bar be removed. Common
results of the bar, such as separation, financial difficulties, etc., may in themselves be insufficient to warrant
approval of an application unless combined with other extreme impacts. (Matter of Ngai, 19 I & N Dec. 245.)
Extreme hardship can be demonstrated in many aspects of your spouse or parent’s life such as:
a. HEALTH - Ongoing or specialized treatment requirements for a physical or mental condition; availability and
quality of such treatment in your country, anticipated duration of the treatment; whether a condition is chronic or
acute, or long-or short-term.
b. FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination
of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary
needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm
parents).
c. EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options;
disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time
for grade; availability of special requirements, such as training programs or internships in specific fields.
d. PERSONAL CONSIDERATIONS - Close relatives in the United States and /or your country; separation from
spouse/children; ages of involved parties; length of residence and community ties in the United States.
e. SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical
harm, or injury; social ostracism or stigma; access to social institutions or structures.
f. Any other situation that you feel may help you meet the burden of extreme hardship.
Please be very detailed as to how you meet the "extreme hardship" burden. Keep in mind that the hardship must be
to your qualifying family member - not to you. Should you wish to use the services of an immigration attorney or
accredited representative you can view a list of free or low cost attorneys and organizations that may be willing to
assist you at: http://www.usdoj.gov/eoir/probono/states.htm
Sincerely,
Field Office Director CDJ Waiver Instructions (01/13/2011)

U.S. Embassy – Mexico - Nonimmigrant Visas (May 2011)
Excerpts from Embassy website
Who Can Apply in Mexico?
The following applicants may apply at the U.S. Embassy in Mexico City or the U.S. Consulates
in Ciudad Juarez, Guadalajara, Hermosillo, Matamoros, Merida, Monterrey, Nogales, Nuevo
Laredo, or Tijuana:
1. Mexican citizens applying with a Mexican passport may apply for their first visa or to
renew a visa in any visa category.
2. Third Country Nationals* residing in Mexico with immigration status (FM2 or FM3) may
apply for their first visa or to renew a visa in any visa category.
3. Third Country Nationals* residing in the United States may apply to renew a visa in any
category except B1/B2 or H2. NOTE – The applicant must apply to renew in the
same visa category and cannot apply in a different category.
4. Third Country Nationals* who normally reside in a Visa Waiver Program (VWP) country
and who have lost or had their biometric passports stolen may apply in Mexico for a
tourist (B1/B2) or transit (C) visa in order to return to their home country.
5. Third Country Nationals* who normally reside in a Non-Visa Waiver Program country
and who have lost or had their visa stolen may apply in Mexico to renew their tourist
(B1/B2) visa in order to return to their home country.
*What is a Third Country National (TCN)?
A Third Country National is a citizen of a country other than Mexico who applies for a
nonimmigrant visa with their Non-Mexican passport.
Notice: Certain visa applicants may be subject to additional administrative processing. This
administrative processing may last weeks, thus delaying visa delivery and the applicant's return
to the United States. Every effort will be made to expedite these procedures; however, it is not
possible to guarantee completion of this process by a particular date.
Interview Waiver Programs
Many applicants will not need to appear for an interview with a Consular Officer at the Embassy.
Other applicants will not need to personally at the Applicant Service Center (ASC) or the
Embassy; a representative can submit their application and documents on their behalf. Review
the four categories below to determine if you are required to appear at the ASC or Embassy.
Applicant is 6 years of age or under and applying for a tourist (B) visa
Applicants who are 6 and under are not required to personally appear at the ASC and may not
need to appear at the Embassy. There are additional requirements to qualify for this category
similar to those for applicants 80 years of age and older.
1

Applicant is 80 years of age or older and applying for a tourist (B) visa
Applicants who are 80 and over are not required to personally appear at the ASC and may not
need to appear at the Embassy. There are additional requirements to qualify for this category.
Applicant is 80 years of age or over and applying for a tourist (B) visa, Applicant is 80
years of age or older and applying for a tourist (B) visa
Qualifications:
1. Applicant is 80 years of age or older
2. Applicant is Mexican and applying with a Mexican passport
3. Applicant has never been arrested or convicted of a crime, deported from the United States,
denied entry to the United States, or had any other problems or difficulties with U.S. Customs
and Border Patrol when attempting to enter the United States
4. All sections of the DS-160 online application have been answered completely and accurately
Process:
Go to the How to Apply section and follow the directions to make an appointment.
On the day of the appointment at the Applicant Service Center, an employee will collect the
following documents:
1. DS-160 Online Application Confirmation Page
2. Valid Passport with blank, available pages
3. Two color photographs, 5 cm x 5 cm, white background, forehead and ears fully visible, and
wearing only small earrings (NOT required if applicant appears in person)
4. Prior visa (if applicable)
A Consular Officer will review the application packet and make a determination. If the Consular
Officer has no additional questions, the passport and visa will be available at the selected DHL
Office in 5-10 business days. If the Officer has questions about the application, a representative
from the Embassy will contact the applicant to schedule an interview at the Embassy.
--------------------------------
Applicants 80 and over are not required to appear in person at the Applicant Service Center. A
family member or representative may present the application material at the scheduled
appointment time. Applications sent via mail or other delivery services will not be accepted.
Applicant is renewing a visa (except B, E, H2, P, TN) issued after January 1, 2008
Applicants who are renewing a valid or recently expired visa that was issued after January 1,
2008 do NOT need to personally appear at the ASC and may not need to appear at the
Embassy. A representative can go to the ASC and deliver the required documents. A Consular
Officer will review the packet and determine if the applicant requires an interview. If an
interview is not required, the visa will be available for pick-up at the selected DHL Office.
2

Available for the following Visa Categories: C1/D, F, H1B, I, J, L, M, O, Q, R
Qualifications:
The applicant is renewing a full validity visa that was issued on or after January 1, 2008
The applicant is NOT applying for a B, E, H2, P, or TN visa.
The previous visa is still in the applicant’s possession.
The previous visa is still valid, or expired less than 12 months from the day of the
appointment at the ASC.
The applicant is applying in the same visa category.
The previous visa is issued in the same applicant name, date of birth, place of birth, and
nationality.
The applicant was at least 7 years of age at the time his/her last visa was issued.
The applicant completed all sections of the DS-160 online application completely and
accurately.
The applicant has never been arrested or convicted of a crime.
The applicant has never been deported from the United States, denied entry to the
United States, or had any other problems or difficulties with U.S. Customs and Border
Patrol when attempting to enter the United States.
Process:
Go to the How to Apply section and follow the directions to make an appointment. An
applicant who meets the qualifications above should make an appointment at the ASC
only. The applicant does not need to schedule an appointment at the Embassy. A
representative of the applicant can go to the ASC and deliver the required documents.
On the day of the appointment at the ASC, an employee will collect the following
documents:
DS-160 Online Application Confirmation Page
Valid Passport with blank, available pages
Two color photographs, 5 cm x 5 cm, white background, forehead and ears fully visible,
and wearing only small earrings
Prior visa
Review your visa class in the Visa Categories section for additional required documents
A Consular Officer will review your application packet and make a determination. If the
Consular Officer has no additional questions, your passport and new visa will be available at the
DHL Office you selected when making your appointment. If the Officer has questions about
your application, a representative from the Embassy will contact you to schedule an interview at
the Embassy.
3

After submitting the required documents, photos, or fingerprints at the Applicant Service Center
(ASC), a Consular Officer will review the application packet. If the Consular Officer has no
further questions, he or she will approve the visa and it will be available for pick-up at the
selected DHL Office. If the Consular Officer has questions or discovers information that
disqualifies the applicant from the Interview Waiver Program, a representative from the
Embassy
Nonimmigrant Visas
Emergency Appointments
The following situations may qualify you for an Emergency Appointment:
6. a medical emergency,
7. death of an immediate family member,
8. a business emergency, or
9. If you are a foreign non-resident citizen of Visa Waiver Program (VWP) country who has
lost or had your biometric passports stolen. Travel is NOT permitted under the Visa
Waiver Program without a biometric or machine readable passport, therefore a visa is
required. You may apply in Mexico with a valid, emergency replacement passport
obtained from your Embassy. More information on the Visa Waiver Program and the
participating countries is available at:
http://www.travel.state.gov/visa/temp/without/without_1990.html
Step 1: Schedule a regular appointment. Go to the How to Apply Section for directions on
making an appointment.
Step 2: Submit a request to change your regular appointment to an emergency appointment
through one of the following sites:
English: www.usembassy-mexico.gov/emxvisit_emergencies.html
Spanish:http://www.usembassy-mexico.gov/smxvisitar_urgencias.html
http://www.usembassy-mexico.gov/smxvisitar_urgencias.html
Step 3: After you send your request, you will receive an email from the Consular Section
approving or denying the emergency request. If the emergency request is approved, the email
will include additional instructions. If the request is denied, your regular appointment is still valid.
New Visa Procedures
Beginning January 10, 2011, the U.S. Embassy and Consulates will process visas
differently. Under the new procedures, most applicants will go to Applicant Service
Centers (ASCs) prior to their consular section interview. The ASC staff will collect the
applicant's biometric information that will be reviewed by the consular section prior to
the applicant's interview. ASCs will be located in buildings separate from the U.S.
Embassy and Consulates.
The new process will provide several advantages to applicants:
4

Total visa application costs will go down. Applicants will no longer pay one fee to obtain
information and schedule the appointment, another fee for the visa application, and a third fee
for courier service. Instead, they will pay only one application fee that will cover the
appointment, application, and courier fees. The current application fee will stay the same:
USD140 for a tourist application, USD150 for petition-based cases (including temporary worker
visas), and USD390 for treaty-trader and investor visas.
Many applicants who are renewing their visas will no longer require an interview with a consular
officer. These applicants can simply visit the nearest ASC in order to submit application
documents and provide fingerprints. See the links below for more information on the Interview
Waiver Program.
Because the collection of biometric information will take place at the ASC, applicants who are
required to visit both the ASC and the consular section should spend less time at the consular
section than they have had to in the past.
Applicants at the U.S. Consulates in Ciudad Juarez, Monterrey, and Nuevo Laredo will no
longer pay a USD26 surcharge.
New Offsite Data Collection Service
How will the new process be different from the current process?
*New Visa Services begin on January 10, 2011
Category Current Service New Service
Appointment Call
Center
Applicant pays USD 1.25 per
Free service
minute to schedule appointment.
Application Cost
USD 140 for tourist visa, USD
150 petition-based visa
No Change
Application Payment Banamex
Banamex, Scotiabank, or Credit Card
DS-160 Online
Application
Interview Waiver
Program
(IWP)
Application must be completed
on-line in one session
Not available
Application progress can be saved over
several on-line sessions
Many applicants who are renewing visas
will not need to come to the Embassy or
Consulate for an interview with a
Consular Officer
*See below for qualification
requirements
Appearing for your
appointment
All Applicants
Interview Waiver Program Participants
Appear at the Embassy to Day 1: Appear at the ASC to submit
submit fingerprints, photo, fingerprints, photo, application
application, and interview with a
5

Passport/Visa
Delivery
Consular Officer
Pegaso with additional delivery
fee
Non-Interview Waiver Program
Participants
Day 1: Appear at the ASC to submit
fingerprints, photo, application
Day 2: Appear at the Embassy to
interview with Consular Officer
DHL with no additional delivery fee
*Interview Waiver Program (IWP)
Some applicants who are renewing their visas will not need two appointments. These applicants
will only visit the ASC and will not need to visit the Embassy or Consulate.
If you meet all of the requirements below, you may be qualified for the Interview Waiver
Program:
You are applying with a Mexican passport;
You are applying in the same visa category;
Your visa is still valid or expired less than one year ago;
You have never been arrested or convicted of a crime;
You have never been deported from the United States, denied entry to the United States, or had
any other problems or difficulties with U.S. Immigration or Customs authorities; and
You do not have dual citizenship or your second country of citizenship is a Visa Waiver Program
member (see http://travel.state.gov/visa/temp/without/without_1990.html)
For IWP participants, the passport and application will be forwarded to the Embassy or
Consulate for review by a consular officer.
Please note – the Embassy or Consulate reserves the right to call in any applicant for an
interview. If an applicant does require an interview, a representative from the U.S. Embassy or
Consulate will contact the applicant to arrange a date and time to come to the Embassy to
speak with the Consular Officer
6

WAIVERS:
Determining When a Waiver is Required and
Tips for a Successful I-601 Application 1
By Shelley Jeri, Laurel Scott and Olsi Vrapi
In an ever increasing culture of “no,” Government officials continue to apply grounds of
inadmissibility or deportability more stringently to the detriment of foreign nationals thus
requiring the filing of a waiver of inadmissibility or deportability. They also seem to have
lowered their standards on what conduct or facts trigger these bars. In such an environment, it is
crucial for the practitioner to first understand the grounds of inadmissibility and deportability and
when they are triggered so as to provide a solid structural and strategic foundation in order to
build a successful waiver application. Practitioners must next creatively dissect each waiver case
and present it in a manner that distinguishes it from other cases and thus captures the
adjudicator’s attention. This article will first provide a brief overview regarding the importance
of identifying whether your client needs a waiver, what type of waiver is needed, and when
grounds of inadmissibility and deportability should be contested. Next this article will highlight
strategic tips for filing a successful waiver application before the Immigration Judge or USCIS.
Does your client even need a waiver?
Don’t automatically concede inadmissibility or deportability.
There are numerous grounds of inadmissibility and deportability, however in the authors’
experience three or four of those comprise a substantial majority of cases. These common
grounds are unlawful presence, fraud, crimes, and to a lesser extent, health related grounds. This
article will focus only on these grounds.
The unlawful presence bars found at INA § 212(a)(9)(B) comprise by far the majority of cases
filed overseas especially in Cd. Juarez. Since the effective date of these bars in 1997, the
government is yet to promulgate regulations; instead it rules by “guidance.” There has been a
plethora of “guidance” from the relevant agencies defining what is and what isn’t unlawful
presence. Most of this guidance was consolidated in a memorandum by Donald Neufeld, Lori
Scialabba and Pearl Chang dated May 6, 2009. 2 There have also been a number of articles
written by practitioners regarding the unlawful presence bars. 3 The waiver provision for
1 This article will appear in the 2011-12 edition of AILA's Practice Resource Guide: “Tips for Handling Complex
Immigration Matters" published by AILA Publications and used as the conference handbook for the 2011 AILA
annual conference.
2 Found at:
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF.
3 The focus of this article is more on the tips and tricks of building a successful waiver rather than the actual
grounds. For a more detailed analysis of this bar see for example Lee O’Connor, Determining Unlawful Presence
for the Purposes of the Three-Year, Ten-Year, and Permanent Bars, Inside Immigration, October 2010; found at
http://www.ailapubs.org/unlawfulpres.html

212(a)(9)(B) bars is found at 212(a)(9)(B)(v) and requires a showing of extreme hardship to a
spouse or parent who is a U.S. citizen or Lawful Permanent Resident.
Fraud or willful misrepresentation of a material fact 4 is also a common ground of inadmissibility.
Although the FAM cautions consular officers to apply this ground judiciously, 5 however USCIS
and Consular Officers seem more trigger-happy now than they have ever been. In the authors’
opinion, this is one of the most fertile grounds for creative arguments in attacking the actual
applicability of the bar. Therefore, it is crucial that the practitioner analyze the facts closely
before conceding the ground.
There are three distinct elements of this bar: (1) fraud or (2) willful misrepresentation; and (3)
materiality. 6 As a threshold issue, the fraud or willful misrepresentation must be perpetrated on
an authorized U.S. Government official. 7 The bar can be triggered by both oral and written
statements. 8 Misrepresentations by agents of the foreign national will trigger the fraud bar if it
can be established that the foreign national was aware of it at the time the misrepresentation was
made. 9
Fraud consists of a false representation made with knowledge of its falsity and with intent to
deceive the Government official. The representation must be believed and acted upon by the
Government official to the foreign national’s advantage. 10 A “willful misrepresentation” is
somewhat of a lesser standard in that proof of intent to deceive or that the Government official
was motivated to action is not necessary. 11 In practical terms it’s the latter provision that is used
almost exclusively by Government officials. A misrepresentation is not “willful” unless it was
made with knowledge of its falsity. 12
A misrepresentation refers to some degree of affirmative conduct. Silence is not a
misrepresentation and does not shut off a line of inquiry. 13 Practitioners should be aware of
foreign nationals being charged with the fraud bar for not having volunteered or having
concealed certain information, such as the purpose of their trip to the United States, when, for
example, the foreign national is asked only about his or her destination. 14
The “materiality” element is perhaps the most fluid, and the one that provides the most leeway
for arguments against the bar. The landmark case in issues of “materiality” is Matter of S & BC,
4 INA § 212(a)(6)(C)(i). This article will not cover false claims to U.S. citizenship as provided in 212(a)(6)(C)(ii)
since there is no waiver available for that ground of inadmissibility.
5 9 FAM 40.63 N1.3.
6 See Matter of Tijam 22 I & N Dec. 408 (BIA 1998) (concurring in part and dissenting in part, Rosenberg,
Member).
7 Matter of Y-G-, 20 I&N Dec. 794 (BIA 1994); Matter of D-L- & A-M-, 20 I&N Dec. 3162 (BIA 1991); Matter of
Shirdel, 19 I&N Dec. 33 (BIA 1984); Matter of L-L-, 9 I&N Dec. 324 (BIA 1961); 9 FAM 40.63
8 9 FAM 40.63 N4.1.
9 9 FAM 40.63 N4.5
10 Matter of G-G-, 7 I&N Dec. 161 (BIA 1956).
11 Id.; 9 FAM 40.63 N3(b).
12 Matter of Healy and Goodchild, 17 I&N Dec. 22 (BIA 1979).
13 See Matter of D-L- & A-M-, 20 I&N Dec. 409 (BIA 1991); Matter of G-, 6 I&N Dec. 9 (BIA 1953).
14 See 9 FAM 40.63 N4.2. This type of case is more common with individuals who enter by land. For example,
many CBP officers at the southern border do not ask the purpose of one’s trip, but simply what their destination is.

9 I&N Dec. 436 (BIA 1960, AG 1961). 15 In that case the Attorney General decided that a
misrepresentation is material if the alien is excludable on the true facts, or if the
misrepresentation tends to shut off a line of inquiry which is relevant to the alien’s eligibility and
which might well have resulted in a proper determination that he be excluded. The Attorney
General emphasized, however, that a remote, tenuous, or fanciful connection between a
misrepresentation and a line of inquiry which is relevant to the alien’s eligibility is insufficient to
satisfy this aspect of the test of materiality. 16
Aside from arguing that the bar was triggered by negating one of the elements, practitioners may
also be able to argue timely retraction as a defense. 17 This is a recognized doctrine that would
eliminate the need for a waiver.
The waiver provision for fraud or misrepresentation is found at INA 212(i). The standard is the
same as the one for unlawful presence.
Criminal grounds also comprise a substantial portion of cases. No experienced practitioner
needs reminding that, where criminal conduct is concerned, the INA is full of tripwires. Some of
these leave nothing but the scent of sulfur: convictions for murder; acts involving torture;
controlled-substance trafficking; controlled substance violations more than a single offense of
simple possession of 30 grams or less of marijuana; money laundering; and human trafficking
are unwaivable. 18
The waiver provision for criminal grounds of inadmissibility is found in INA 212(h). 212(h) bars
from eligibility for the waiver anyone “previously [] admitted to the United States as an alien
lawfully admitted for permanent residence if… since the date of such admission the alien has
been convicted of an aggravated felony.” Accustomed to reading admission as shorthand for
either lawful passage through a port of entry or adjustment of status, the Board held in Matter of
Rosas-Ramirez, 22 I. & N. Dec. 616 (BIA 1999) that no judge could grant a 212(h) waiver to a
permanent resident convicted of an aggravated felony. In Martinez v. Mukasey, 519 F.3d 532
(2008) 19 , the Fifth Circuit Court of Appeals ruled otherwise: its plain language made 212(h)
available to permanent residents who had attained that status through adjustment. 20 By
extension, the plain wording of the statue has been held to permit non-permanent residents who
may be deportable for conviction of an aggravated felony, but inadmissible for conviction of a
15 This Foreign Affairs Manual contains a thorough discussion of interpretation of the term “material fact.” See 9
FAM 40.63 N6.
16 Id.
17 9 FAM 40.63 N4.6; Matter of R R, 3 I&N Dec. 823 (1949); Matter of M, 9 I&N Dec. 118 (1960); Matter of Ngan,
10 I&N Dec. 725 (1964); Matter of Namio, 14 I&N Dec. 412 (1973); CBP Inspector’s Field Manual Chapter
17.15(a)(3).
18 Also foreign government officials who have committed severe violations of religious freedom.
19 See also Lanier v. U.S. Atty. Gen., __ F.3d __, 2011 WL 338787 (11 th Cir. Feb. 4, 2011) following Martinez. But
see Matter of Koljenovic, 25 I&N Dec. 219 (BIA 2010).
20 Within months of Martinez-v. Mukasey, the Board declined to revisit Rosas-Ramirez because the respondent had
not raised the issue on appeal! Matter of Rotimi, 24 I. & N. Dec. 567 (BIA 2008).

crime or crimes involving moral turpitude, to apply for a 212(h) waiver in conjunction with an
application for adjustment of status. 21
Other crime-related grounds of inadmissibility may be waived. Among these are, (1) conviction
for (or admission to the essential elements of) a crime involving moral turpitude, 22 (2) controlled
substance violations, 23 (3) multiple criminal offenses for which the combined sentences were
five years or more, 24 (4) prostitution or commercialized vice, 25 and (5) serious criminal offenses
for which the noncitizen asserted diplomatic immunity. 26
The “admission to the essential elements” portion of 212(a)(2) provides another layer of
complexity while at the same time providing fertile ground for arguments against the triggering
of the criminal bar to inadmissibility. The BIA and the AAO have been very clear as to what is
required as an admission to the essential elements. The BIA has held that to find inadmissibility
based on admission to essential elements certain procedural steps must be followed before the
admission triggers INA 212(a)(2)(A)(i). The AAO has followed these BIA cases religiously.
The Foreign Affairs Manual is also clear on this issue and enumerates the steps a consular officer
must take before an admission triggers that ground of inadmissibility. 27
Regardless of the perceived difficulty in establishing an alien’s admissibility—and the perceived
ease of obtaining a waiver—it is one author’s opinion that it is virtually never prudent to concede
inadmissibility unless it is a clear case of inadmissibility.
INA § 212(h) authorizes a waiver based upon either (a) rehabilitation if it was an offense related
to prostitution or if the offense was committed more than 15 years ago, or (b) hardship to a
qualifying relative. 28 As a strategic matter it is much easier to show rehabilitation than extreme
hardship so when practitioners are dealing with an old offense that was committed less than 15
years ago it may be prudent to delay applying for an immigrant visa or adjustment of status until
15 years have elapsed. 29 Furthermore, this waiver provision is different than the unlawful
presence of fraud waivers in that children are considered qualifying relatives.
21 Matter of Michel, 21 I&N Dec. 1101 (BIA 1998)(holding that an alien who has not previously been admitted to
the United States as an alien lawfully admitted for permanent residence is statutorily eligible for a waiver of
inadmissibility under section 212(h) despite his conviction for an aggravated felony).
22 INA § 212 (a)(2)(A)(i)(I)
23 INA § 212 (a)(2)(A)(i)(II)
24 INA § 212 (a)(2)(A)(2)(B)
25 INA § 212 (a)(2)(D)
26 INA § 212 (a)(2)(E)
27 9 FAM 40.21(a) N5
28
The American Immigration Council (formerly American Immigration Law Foundation)
has posted a
comprehensive discussion of 212(h) eligibility: “§ 212(h) Eligibility: Case Law and Potential Arguments,”
(February 19, 2008) at http://www.americanimmigrationcouncil.org/sites/default/files/212elig.pdf.
29 8 CFR § 212.7(d) imposes an additional limitation upon 212(h) waivers: if the applicant has been convicted of a
“violent or dangerous crime,” she or he must establish that an “extraordinary circumstance” warrants a grant. The
regulations do not define “extraordinary circumstance,” but give as examples (a) “national security or foreign policy
considerations” and (b) “exceptional and extremely unusual hardship” without specifying to whom. (Gratuitously,
the regulation iterates that “the gravity of the alien’s underlying criminal offense” may render “extremely unusual
hardship… insufficient.”)

The fact that 212(h) relief waives only inadmissibility means that aliens physically inside the
U.S. must be either (a) seeking admission 30 or (b) applying to adjust their status. However in
limited circumstances a 212(h) waiver can be used in deportation proceedings not in conjunction
with an application to adjust status to waive a ground of deportability if there is a corresponding
ground of inadmissibility and if, since commission of the crime, the foreign national traveled
abroad and reentered the United States. 31
Following the repeal of 212(c) relief by Section 304(b) of IIRAIRA, the Supreme Court would
hold in 2001 that lawful permanent residents who have maintained lawful un-relinquished
domicile in the United States for at least seven consecutive years, but who are inadmissible on
the basis of criminal convictions, including aggravated felonies, entered, pursuant to guilty pleas,
prior to the effective date of AEDPA (April 30, 1997), remain eligible for this discretionary
waiver. 32 Once eligibility is established, the alien must show exercise of a favorable discretion is
warranted based on “all the facts and circumstances involved [both negative and positive]” and
“a complete review of the favorable factors in [the applicant’s] case.” 33
Following upon the issuance of EOIR’s final regulations on 212 (c) relief, codified under 8
C.F.R. § 1212.3 (effective Oct. 28, 2004), the Department of Homeland Security was particularly
successful in mounting challenges to approved 212(c) cases that resulted in a line of precedent
Board cases limiting eligibility for 212(c) waivers in cases where an alien is deemed “deportable
under former section 241 of the Act or removable under section 237 of the Act on a ground
which does not have a statutory counterpart in section 212 of the Act.” 34 Despite the reprieve
offered to removable aggravated felons offered by the U.S. Supreme Court in INS v. St. Cyr,
supra, and regular practice of granting 212(c) to aggravated felons pursuant to such cases as
Matter of Meza, 20 I&N Dec. 257 (BIA 1991), DHS would successfully assert this “comparable
grounds” test, in several key cases before the Board that have all been upheld upon circuit court
review, to markedly limit the eligibility for 212 (c) relief of certain aggravated felons and other
criminal aliens who are charged as removable under a ground of deportability that does not have
a comparable ground of inadmissibility. 35
The Board did carve out one safe harbor for those aliens subject to the bar to 212 (c) relief under
the comparable grounds test at 8 C.F.R. § 1212.3(f)(5), holding, as it did in Matter of Azurin, 23
I&N Dec 695 (BIA 2005), that an alien whose deportable offense does not have a comparable
30 The Board in Matter of Abosi, 24 I&N Dec. 204 (BIA 2007) held that 212(h) is available as a “stand-alone”
waiver to those LPRs charged under section 212 of the Act.
31 Matter of Sanchez, 17 I&N Dec. 218 (BIA 1980). See also, AIC practice advisory on 212(h) waivers found at
http://www.ailf.org/lac/pa/212elig.pdf.
32 See INS v. St. Cyr, 533 U.S. 289, 325 (2001).
33 Matter of Edwards, 20 I&N Dec. 191, 196, n. 3 (BIA 1990).
34 8 C.F.R. § 1212.3(f)(5)(2005).
35 See Matter of Azurin, 23 I. & N. Dec. at 696 n.2 (BIA 2005) (alien charged as an aggravated felon removable
under firearms ground of deportability not eligible for stand alone 212(c) waiver because there is no corresponding
ground of inadmissibility); Matter of Blake, 23 I&N Dec. 722 (BIA 2005) (aggravated felon convicted of
misdemeanor sexual abuse of a minor ineligible for 212c relief because no comparable ground of inadmissibility);
and Matter of Brieva-Perez, 23 I&N Dec. 766 (BIA 2005) (holding that an alien charged with an aggravated felony
under the “crime of violence ground” at Section 101(a)(43)(F) for unauthorized use of motor vehicle is ineligible for
212(c) relief because it did not meet the comparable ground of inadmissibility test, even if the character of the
offense might suggest that it is also a crime involving moral turpitude).

ground of inadmissibility (e.g. a firearms conviction) may still apply for 212 (c) relief in
conjunction with an application for adjustment (or re-adjustment) of status, thereby reaffirming
the Board's longstanding practice under Matter of Rainford, 20 I&N Dec. 598 (BIA 1992) and
Matter of Gabryelsky, 20 I&N Dec. 750 (BIA 1993).
“Stacking” of different waivers (e.g., 212(c) for pre-AEDPA conviction with AOS stacked with
212(h) or LPR cancellation of removal under INA § 240A(a) for post-AEDPA conviction not
allowed in most jurisdictions.
Health related grounds of inadmissibility comprise a small portion of cases, however there has
been a dangerous trend coming out of the U.S. consulate in Cd. Juarez. Without going into detail
the most common example is a charge under INA §212(a)(1)(A)(iii) for those who admit having
used (even a single time) controlled substances and/or are suspected of abusing alcohol.
A Waiver is Necessary – How to Package a Successful Waiver Application
At the AILA National Conference in Washington, DC in July of 2010 the Chief of International
Operations at USCIS, Joanna Ruppel, discussed some tips on preparing I-601 waiver packets.
The ‘tips’ were originating from the CIS officials who adjudicate I-601 applications filed abroad.
Ms. Ruppel indicated that she distributed a list of questions to her adjudicators and received
about a 50% response rate from them. She is currently in the process of preparing an official,
written publication for dissemination. The article below is based on her Talking Points. Until
the publication actually comes out, what appears below should be considered unofficial and
cannot be cited in any legal brief. Also, while these Talking Points relate to international cases
(consular processing), most of the points are relevant to waiver cases presented in the United
States, whether in Immigration Court or before USCIS in conjunction with an I-485.
Below, the sentences in italics are paraphrased from Ms. Ruppel’s Talking Points. Next to the
sentence in italics are comments in plain text from the authors of this article.
Technical Matters
The appearance of many technical recommendations in the draft ‘Tips’ suggests that many
attorneys are not complying with the basic procedural requirements of waiver filing. Such
recommendations included:
• Be sure the G-28 is signed by both attorney and applicant.
• Provide English translations of any documents not in English.
• Confirm that the hardship statement is from the Qualifying Relative, not the Applicant.
You can include statements from both if you like, but you must have one from the
qualifying relative.
For more on the technical requirements, see the I-601 manual published by USCIS, dated April
2009 and found on the USCIS website 36 .
36 http://www.uscis.gov/files/article/i601_immigrant_waivers_8jun09.pdf

Common Errors
The adjudicators were asked to describe what they felt were the most common errors made by
attorneys in preparing I-601s.
• Failure to provide a statement to explain the evidence or failure to provide evidence to
support a statement. These are two sides of the same coin. A successful waiver packet
has both evidence and a statement, brief, or letter describing the hardships and how the
evidence proves the hardship. Including either the evidence or the statement is generally
insufficient. Even the most detailed evidence will not have the intended effect unless
explained in a succinct and cohesive manner tying all evidence and factors to the overall
hardship the qualifying relative will suffer. Practitioners need to be aware of the time
adjudicators have to review a waiver packet. A well written brief tying all the evidence
together will have much more effect than just submitting a lot of unexplained evidence.
The intent is to lay down the case in the brief so that the officer does not have to spend
too much time deciphering the evidence submitted.
• Failure to link the hardship to the qualifying relative and to the waiver. One author of
this article has noted in the past that this is one of the chief complaints of the AAO 37 in its
decisions. It is not enough to simply state that there is a problem. The brief, statement,
or letter must explain how the problem affects the qualifying relative and how the
problem is made worse by the alien’s absence from the United States or the qualifying
relative’s presence in the alien’s country. This becomes even more important when the
hardship affects a non-qualifying relative more. If hardship to non-qualifying relatives is
documented, it must be shown how that affects the qualifying relative.
• Failure to argue both why the qualifying relative can’t move abroad AND why the
qualifying relative can’t remain in the US without the alien. This is another common
error noted by the AAO 38 . Proving either why the qualifying relative can’t move abroad
OR why the qualifying relative can’t remain in the US without the alien is only half the
case. You have to prove both. Why does hardship result when the qualifying relative
and the applicant are in separate countries? Why is it equally hard on the qualifying
relative when he or she moves abroad to be with the alien?
• Failure to make any hardship claims. The adjudicators mentioned that they see many
applications that only prove the validity of the relationship and completely fail to make
any hardship claims. In the humble opinion of the authors, failure to make a hardship
arguments is grounds for a bar complaint and a malpractice suit. The validity of the
relationship has already been established in most cases and the clear issue is hardship.
Suggestions for Faster Adjudication
• Include a table of contents and put page numbers throughout the packet. Adjudicators
warned that sometimes packets get reorganized by the consulate, so pagination helps
them navigate the packet and ensure that nothing has been misplaced in transit.
Pagination can be difficult as the final packet has a tendency to change at the last minute,
upsetting pagination. One idea may be to try tiered pagination, giving each exhibit a
letter and then numbering the pages within the lettered exhibit, e.g. A-1, A-2, B-1, etc. It
37 Laurel Scott with contributions from John Ovink, “How to Make the AAO Happy: Avoiding Mistakes When
Appealing an I-601 Denial,” Immigration and Nationality Law Handbook (AILA 2010-11 Ed.).
38 Id

might also be a wise investment to purchase a Bates stamp and paginate the packet when
it is finalized.
• Organize the packet from most relevant evidence to least. In past years, adjudicators
have stated off the record that they are at liberty to approve the packet as soon as they
find a reason to approve. The faster they can find that reason, the faster they can move
on to the next packet and speed adjudication for everyone. Providing the best evidence
with the most weight first enables faster adjudications for everyone. The order of the
evidence should be reflected in the order and flow of the attorney’s brief or statement.
• If there is a lot of documentation, highlight the most relevant parts. While the
adjudicators used the term “highlight,” the authors of this article recommend underlining
because highlighting does not always photocopy or scan well in black and white.
Already CIS is providing electronic copies of files in response to FOIA requests, and in
the future, the use of electronic scanning is likely to increase in general for immigration
cases. For this reason we also recommend that attorneys seek alternatives to tabbing in
anticipation of electronic filing. Furthermore, the Officer-in-Charge in Ciudad Juarez has
stated 39 that the waiver packets do not fit well in the files if there are tabs, so he does not
prefer tabs.
• Be judicious about including a lot of irrelevant documentation. In the draft “Tips”, there
were several comments on the size of the waiver packets. Each comment appeared to be
carefully worded. In the authors’ opinion adjudicators feel that large packets with
copious amounts of irrelevant or unimportant documentation slow down the progress of
their work, but the adjudicators don’t want to say anything that might discourage
applicants from including a document that might be important. Attorneys should use
their judgment regarding the relevance of the documentation they include. Adjudicators
are not impressed by large packets of fluff. They want material, relevant evidence.
Remember that an I-601 appeal to the AAO is a de novo review 40 , so new evidence may
be submitted on appeal even if it could have been provided previously. There is no need
to provide extra evidence on the initial filing in order to preserve an argument for appeal.
• Provide a summary of the applicant’s immigration history. As the applicant’s entire
immigration history is relevant to the discretionary portion of the waiver, the adjudicator
needs to know what that history is. The adjudicators do have access to the information
and can go retrieve it, but for the attorneys to simply provide that information will speed
up processing times for everyone.
• Include all possible arguments for the totality of the circumstances analysis. The authors
of this article find this to be an interesting suggestion from the adjudicators as one of the
prior suggestions is to decrease the size of the waiver packet and to not include copious
amounts of irrelevant or unimportant documentation. Including a lot of weaker
arguments takes attention away from the stronger arguments and may even damage the
applicant’s credibility if he appears to be complaining about something minor. One
possible balance between the adjudicator’s suggestion and the concerns previously
described is to summarize weaker arguments in a section of your waiver entitled, for
example, “Other Concerns”. This section could artfully explain that the arguments in that
section are believed by the applicant to be lesser arguments, but that they are included for
39 From oral statements made by Ciudad Juarez USCIS Officer-in-Charge, Warren Janssen, during an ILW.com
telephonic seminar on July 8, 2010.
40 From “How to Make the AAO Happy”, supra.

purposes of completeness. Such concerns must still be supported with evidence, but you
might want to minimize the effort spent collecting these documents so you and the client
can focus on building the case for your stronger arguments.
Remarks about Certain Types of Evidence
• Country condition information should be specific. The more specific the report or article
can be regarding the particular argument made, the better. For example, an argument
showing that the client can’t get proper medical treatment in a particular country, provide
information on the treatment of that particular condition in that country, not just general
information on medical care. Furthermore, and specifically, arguments about safety in
Mexico do not carry much weight unless they are relevant to the client’s situation, i.e. a
client who has already received threats or who has had a family member kidnapped or
killed by criminal elements.
• Medical conditions, symptoms and prognosis should be explained in layman’s terms.
Adjudicators stated that they prefer a detailed, comprehensive, easy to understand letter
from a doctor over hundreds of pages of medical reports and lab results in medical
terminology. The authors believe that ideally you should have a letter from the doctor, an
article explaining the condition in layman’s terms (e.g. from “MedlinePlus” of the NIH),
a selection of medical records, and letters from lay people describing in their own words
how the situation is made worse by the alien’s absence.
• Financial arguments must describe income/assets as well as debts/liabilities and must
include a detailed written argument or summary, rather than just bills. The heart of this
complaint from adjudicators is that it proves nothing to send them copies of a lot of bills
and vaguely state that there is financial hardship.
• Psychological evaluations should describe in detail ongoing relationships with a mental
health professional and/or significant prior treatment. The adjudicators echoed what the
AAO has repeatedly said: evaluations will be given limited weight if they are based on a
single visit or brief handful of visits to a mental health professional. The adjudicators
went a step further than the AAO to say that evaluations will be given limited weight if it
appears that the patient visited the mental health professional for the sole purpose of
getting an evaluation for the I-601. To be clear, they did not say the reports would be
ignored, only that they would be given limited weight. One very useful comment was
that if there is some reason why the patient has not had an ongoing relationship with a
mental health professional, this reason should be described and possibly supported with
evidence. It may also be helpful to request that the mental health professional conduct a
home study so that he or she can be more educated about the client’s situation. In one
author’s opinion this carries more weight than just an office visit, especially if the
professional/expert has not had a long standing relationship with the qualifying relative.
Many of the comments from the adjudicators were expected as they reflect statements made by
the AAO in their decisions. Some other comments finally substantiate theories presented by
attorneys in other articles on waivers. Still other comments were unexpected. By reviewing and
digesting the information provided by the adjudicators, we can prepare better waiver packets that
are not only more likely to be successful, but that are also easier and faster to adjudicate,
allowing the government to speed up their processing times for all applicants.

Practitioners should bear in mind that, especially for foreign filed waivers, the adjudicator
reviews I-601 application packets all day long. Therefore some arguments that come up
frequently such as financial and emotional hardship become mundane and do not seem that
extreme any longer. Because of this, it becomes important to find a unique angle or hook which
will make the waiver application stand out from the rest. In other words, treat a waiver
application as if you were writing a novel. Develop a main theme to your waiver story, find a
unique hook to capture the adjudicator’s attention and develop all the factors so that they support
that main, unique theme. This is not to say that one cannot meet the hardship standard with only
financial or emotional issues, but every element has different degrees. It is the job of the
practitioner to find a unique angle or portrayal of these factors to make the application stand out.
For example, emotional stress or depression is to be expected by most if not all qualifying
relatives, therefore, in and of itself, may not be sufficient to meet the burden. However,
documenting the fact that the qualifying relative suffered physical and sexual abuse as a child
because of a lack of emotional support from parents will paint the current emotional hardship in
a new light that could, in and of itself, meet the extreme hardship standard. In another example,
someone who has a history of clinical depression the emotional issues suffered from the
separation or a move to a foreign country are not the only ones that will affect that depression.
Lack of money, lack of education, career opportunities, availability of psychological health care,
etc. are all different factors of extreme hardship that can be painted in such a way so as to make
the chronic depression the central theme of the waiver packet. This could be said for many of
the other common factors. This is where waivers take an art form. I-601 waivers are fertile
ground for good lawyering. Even a seemingly weak I-601 case can be turned into a sure winner
with proper investigation of all factors and some work to paint things in the right light.
The most important job of the practitioner in this respect is to investigate and explore all issues
of the qualifying relative’s life regardless of how unimportant they may seem at first. Step
number one is to have a long discussion with the client and explore every area of their life even
if it seems irrelevant. Get a full financial picture of the client’s and qualifying relative’s life,
what the income is, what the obligations are, property owned in the US, liabilities etc. Loss of
income, loss of business, loss of property, etc, even though not exceptional and unusual in and of
themselves will certainly contribute to overall analysis of hardship. A totality of the
circumstances is considered.
A history of the client’s and qualifying relative’s life is also helpful. Many times we are faced
with clients who have a violent past or have suffered severe trauma from the loss of a loved one,
parental abandonment or downright physical and sexual abuse. That kind of history makes for a
compelling case of hardship.
It is the author’s opinion that this investigation or brainstorming with the client must be done by
the attorney and not a paralegal. The strategy for each waiver must be developed from scratch
by the attorney in consultation with the client. The quality of a waiver will decrease if treated in
a pro forma manner where paralegals gather certain common documents and prepare a brief from
a generic template. Furthermore, it is the opinion of the authors that a good brief should always
be developed from scratch (aside from generic statements not pertaining to the client’s situation)
as that will have the fullest effect, not only in being relevant to the case, but also to help the
attorney’s creative juices flow better.

Although the same principles and strategies apply to waivers presented before the Immigration
Courts, the presentation of the case is much different than for those waivers filed with USCIS.
The major different is that USCIS waivers are adjudicated solely on paper, where the nature of
immigration court decreases the importance of a paper presentation and makes testimony the first
priority. Immigration judges are unlikely to have reviewed the documentation submitted in
support of a waiver. This is especially true if there is voluminous evidence submitted. Unlike
the standard of review at the AAO, the BIA only reviews the record created below. No new
evidence can be submitted unless it can be shown that it was previously unavailable. Therefore,
it becomes important to submit all evidence on all points of hardship to the immigration judge.
This is not to say that practitioners should flood the court with irrelevant fluff as that could have
an adverse effect in the judge ignoring the good evidence simply because of the sheer volume of
the not-so-good evidence. Good judgment should always be exercised in choosing what
evidence to include and what not to include.
While evidence is important, the major undertaking in a waiver presented before a judge is
testimony. Practitioners should spend a substantial amount of time prepping witnesses for
testimony, especially qualifying relatives. USCIS adjudicators do not give much attention to
psychological reports created for purposes of the waiver. However, the testimony of a good
social worker or therapist can be very persuasive in court, especially if the therapist or social
worker has spent considerable time with the client and possibly done a home study or extensive
interaction with the qualifying relatives and their surroundings.
There is extreme hardship, and then there is exceptional and extremely unusual hardship. The
standard for most common waivers of inadmissibility is extreme hardship. However a client
whose only relief is cancellation of removal under INA 240A(b)(1) has to show not just extreme
hardship, but a much higher standard than that. The strategy on how to build a good cancellation
case is the same as what has been covered previously in this article. The difference is a matter of
degree.
There is no definition of “exceptional and extremely unusual hardship.” It can take many forms.
The common example would be a qualifying relative with a severe medical illness that requires
the foreign national’s presence in the US and that cannot be treated in a foreign country.
However do not limit your outlook only to these rare cases. Sometimes the BIA surprises us
with certain decisions reversing immigration judges on this standard. 41 At the very least,
practitioners should evaluate all aspects of the case and not judge the viability of a case simply
by the existence or lack of a severely ill relative.
41 By way of example, the BIA has found in unpublished decisions the hardship standard to be met in some
surprising cases. In one case, the hardship standard was met where the U.S. citizen spouse had been emotionally ill
for many years of her life due to heave drug use that even forced her to be a prostitute until she me the foreign
national who helped her change her life around. In another case, the BIA granted cancellation for a 17 year old
respondent who had been brought to the United States as a young child and whose mother had other US citizen
children and could not relocate to Mexico. In yet another case, the BIA found the hardship element met where the
two qualifying relatives were children of 9 and 15 years of age who had lost their mother (respondent’s wife) due to
cancer 5 years earlier. In the latter case the BIA, in a one paragraph decision, found the element to be met because a
move to Mexico would be too traumatic for these children.

One last word when it comes to waivers in general: they are discretionary decisions. This is lost
on a lot of practitioners who focus all their attention on extreme hardship and don’t think about
the overall equities of the case. Extreme hardship is perhaps the most important element (when
required by statute), but not the only one taken into the consideration. Although rare, it is
possible that a waiver is denied on discretion even though the extreme hardship standard is met.
The weight given to discretionary factors depends on the adjudicator. It is usually unknown who
will adjudicate the waiver when it is submitted overseas. However, when dealing with a local
officer or immigration judge the idiosyncrasies of the particular adjudicator become important.
If unfamiliar with a particular officer or immigration judge, it is imperative to poll local
experienced practitioners as to what the particular adjudicator likes to see in a waiver and how
much weight is placed on overall discretion.
Conclusion
In sum, when considering inadmissibility and deportability for purposes of filing a waiver, it is
first necessary to determine whether a waiver is required. In other words, it is not prudent to
always concede inadmissibility or deportability because all too often – especially in cases of
alleged fraud or certain crimes – the bar to admission does not apply. When a waiver is required,
however, simply submitting documents will unlikely yield a favorable result. Practitioners
should not forget to be lawyers when filing waiver applications and should document all
evidence in an organized brief or legal statement.

DOS Guidance on Processing Visa Applicants
With Drunk Driving Hits
A June 7, 2007 DOS cable provided guidance to posts on how consular officers should handle
cases where an applicant's criminal record shows an arrest or conviction for drunk driving or
other alcohol-related offense.
The cable clarifies that a panel physician evaluation is required before making an alcohol-based
ineligibility finding under INA Section 212(a)(1)(A)(iii); neither alcohol abuse nor (DWI) drunk
driving are sufficient grounds alone for such a determination.
A consular officer must refer cases to a panel physician if:
The applicant has a single drunk driving arrest or conviction within the last three calendar
years;
The applicant has two or more drunk driving arrests or convictions in any time period; or
If there is any other evidence to suggest the applicant has an alcohol problem
The cable instructs that for a finding of ineligibility under INA Section 212(a)(1)(A)(iii), the
panel physician's finding must include:
1. Diagnosis of mental disorder (alcohol abuse); and
2. Current harmful behavior associated with the mental disorder or a history of harmful
behavior associated with the mental disorder that is judged likely to recur in the future.
This guidance will be reflected in the Foreign Affairs Manual at 9 FAM 40.11 N8.3.
If panel physician finds harmful behavior must remain outside US for three years to show remission.

Updates to 9 FAM 40.11 Based on Revised Technical Instructions for
Physical, Mental or Substance Related Disorders
Reference Document: STATE 057660, 6/10
1. SUMMARY: The Centers for Disease Control and Prevention (CDC) have updated the Technical
Instructions for Physical or Mental Disorders with Associated Harmful Behavior and Substance Related
Disorders (2010 MH TIs). These changes are effective June 1, 2010 and supersede all previous guidance
on physical or mental disorders and substance related disorders. The major revisions in the 2010 MH TIs
include changes to the methods of diagnosis of mental disorders and substance‐related disorders, the
definition and determination of remission, and the alcohol abuse evaluation. This cable includes
updates to 9 FAM resulting from this change to the Technical Instructions. END SUMMARY.
2. CDC has updated the 2010 MH TIs. These changes are effective June 1, 2010 and supersede all
previous guidance. The 2010 MH TIs are available on CDC's Website
(http://www.cdc.gov/immigrantrefugeehealth/exams/ti/panel/mental‐panel‐technicalinstructions.html).
Posts must ensure that all panel physicians are informed of the change and that they
begin using these new Technical Instructions immediately. Please note that panel physicians will need
to obtain copies of the current American Psychiatric Association's Diagnostic and Statistical Manual of
Mental Disorders (DSM) in order to properly perform mental health examinations. The DSM can be
purchased from the American Psychiatric Association directly or from book retailers. If conditions at
post make it difficult for panel physicians to promptly obtain the DSM, post may order one copy per
panel physician through post mail facilities to expedite implementation of the new guidelines. Panel
physicians should reimburse post for this purchase.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
CLARIFICATION OF METHODS OF DIAGNOSIS
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
3. The 2010 MH TIs provide clarification that the diagnosis of physical and mental disorders with
associated harmful behavior and substance‐related disorders is made based on existing medical
standards, as determined by the current version of the American Psychiatric Association's Diagnostic
and Statistical Manual of Mental Disorders (DSM). All panel physicians must have a current copy of the
DSM in order to properly conduct mental health evaluations.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
CHANGES TO THE DEFINITION AND DETERMINATION OF REMISSION
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
4. Remission must be considered in two contexts: (1) general mental disorders and (2) substancerelated
disorders.
The current version of the DSM defines sustained, full remission as a period of at least 12 months during
which no substance use or mental disorder‐associated behaviors have occurred. These new technical
instructions reflect the current medical knowledge and standards of the DSM. Panel physicians must use
their clinical judgment in determining if 12 months is an acceptable period of time for the individual
applicant to demonstrate sustained, full remission. This time period must be based on the reliability of

the evidence provided, such as clinical reports of participation in a drug treatment program. For general
mental disorders, the determination of remission must be made based on the assessment of associated
harmful behavior, either current or a history of harmful behavior judged likely to recur, and DSM
criteria. This includes substance‐related disorders for those substances, including alcohol, not listed in
Schedules I through V of Section 202 of the Controlled Substances Act.
For substance‐related disorders for those substances listed in Schedule I through V of Section 202 of the
Controlled Substances Act, the determination of remission must be made based on the applicant's
substance use and DSM criteria.
The practical significance for diagnosis of remission is that applicants who are or have been determined
to be Class A for drug abuse or addiction for those substances listed in Schedule I through V of Section
202 of the Controlled Substance Act are not eligible for a waiver and must complete the time period for
sustained, full remission before reapplying for a visa.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
CHANGES TO THE ALCOHOL ABUSE EVALUATION
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
5. The 2010 MH TIs modify the criteria for referring applicants (IV or NIV) found to have a history of
alcohol‐related arrests or convictions (e.g., driving under the influence ‐ DUI, domestic violence) to panel
physicians.
To ensure proper evaluation, you must refer applicants (IV and NIV) to panel physicians when they have:
(1) A single alcohol‐related arrest or convictions within the last five years;
(2) Two or more alcohol‐related arrests or convictions within the last ten years; or
(3) If there is any other evidence to suggest an alcohol problem.
a. Applicants who are referred to a panel physician due to alcohol‐related offenses must receive the full
medical exam evaluation, less the vaccination requirements for NIV applicants. Chest x‐rays and any
other necessary testing must be conducted for the exam to be considered complete.
b. An NIV applicant with a single alcohol‐related arrest or conviction within the last five years who the
panel physician finds to have a Class B or no physical or mental condition, who is otherwise eligible to
receive a visa, and who has not had another alcohol‐related arrest or conviction since the original or
previous exam does not have to repeat the medical exam with each new NIV application. If an applicant
is found to have a Class A condition associated with alcohol abuse or has two or more alcohol‐related
arrests or convictions within the last ten years, then the applicant must be referred to the panel
physician with each new NIV application if the original medical exam has expired.
‐‐‐‐‐‐‐‐‐‐‐
FAM Updates
‐‐‐‐‐‐‐‐‐‐‐
6. 9 FAM 40.11 N11 will be amended as follows:

9 FAM 40.11 N11 PHYSICAL OR MENTAL DISORDERS WITH HARMFUL BEHAVIOR AND SUBSTANCE‐
RELATED DISORDERS AND THE EFFECTS OF INA 212(a)(1)(A)(iii)and INA 212(A)(1)(a)(iv)
a. The medical screening for physical and mental disorders with associated harmful behaviors and
substance‐related disorders for visa applicants is required by law and is an essential component of the
medical evaluations of aliens. INA sections 212(a)(1)(A)(iii)and 212(a)(1)(A)(iv) provide grounds of
ineligibility related to physical or mental disorders that affect behavior, and substance addiction or
abuse.
b. The mere presence of a physical or mental disorder does not by itself render the applicant ineligible.
Under the provisions of 212(a)(1)(A)(iii)(I) and (II), in order to find an applicant ineligible, it must be
determined that the applicant:
(1) Has a current physical or mental disorder with associated harmful behavior; or
(2) Has a past physical or mental disorder with associated harmful behavior if the harmful behavior is
likely to recur or lead to other harmful behavior in the future.
c. Note that harmful behavior is not a relevant factor in rendering a determination of ineligibility under
the provisions of INA 212(a)(1)(A)(iv). Further, an immigrant visa (IV) waiver of inadmissibility is not
available to an alien who is diagnosed with substance abuse or addiction.
For a Class A determination under Section INA 212(a)(1)(A)(iv) for Drug (Substance) Abuse or Drug
Addiction (Dependence), an applicant must meet current DSM diagnostic criteria for substance
dependence or abuse with any of the specific substances listed in Schedules I through V of Section 202
of the Controlled Substances Act. Such a Class A medical determination by a panel physician, renders
the applicant ineligible for a visa under INA 212(a)(1)(A)(iv).
Note: An applicant that meets current DSM criteria for substance abuse or dependence for other
substances, including alcohol, NOT listed in Schedules I through V of Section 202 of the Controlled
Substance Act is not Class A (medical). However, if there is associated harmful behavior, the applicant
may be classified as Class A and found ineligible under 212(a)(1)(A)(iii)(I) and/or (II).
Substances used for clinical care in medical practice are not prohibited and do not represent substance
abuse.
d. For cases previously refused under 212(a)(1)(A)(iii)and 212(a)(1)(A)(iv)due to a Class A medical
finding:
(1) If the last refusal on the case was less than one year ago, send the the applicant to the panel
physician for a new medical examination to determine whether the Class A finding for physical and
mental disorders with associated harmful behaviors and/or substance‐related disorders still applies. A
new medical is required, regardless of whether the previous exam has expired. If the applicant is found
Class B, overcome/waive the 212(a)(1)(a)(iii) or (iv) refusal and send a CLOK request. If the applicant is
otherwise eligible, then you may issue the visa.
(2) If the last refusal on the case was more than one year ago, then the applicant must reapply for a visa,

complete a new medical examination with a panel physician, and pay all applicable fees. If the applicant
is found Class B, then overcome/waive the 212(a)(1)(a)(iii) or (iv) refusal and send a CLOK request. If the
applicant is otherwise eligible, then you may issue the visa.
7. 9 FAM 40.11 N11.1 will be amended as follows:
9 FAM 40.11 N11.1 Key Concepts of Mental Health
a. Physical and Mental Health Disorder Key Concepts:
(1) A physical disorder is a clinically diagnosed medical condition where the focus of attention is physical
manifestations. Only medical conditions that are included in the current version of the World Health
Organization's Manual of International Classification of Diseases (ICD) are considered for visa medical
exams.
(2) Mental disorders are health conditions that are characterized by alterations in thinking, mood, or
behavior (or some combination thereof). Only mental disorders that are included in the current version
of the World Health Organization's Manual of International Classification of Diseases (ICD) are
considered for visa medical exams.
(3) Harmful behavior is defined as an action associated with a physical or mental disorder that is or has
caused:
‐ Serious psychological or physical injury to the alien or to others (e.g. suicide attempt or pedophilia);
‐ A serious threat to the health or safety of the alien or others (e.g. driving while intoxicated or verbally
threatening to kill someone); and
‐ Major property damage.
(4) Current harmful behavior is defined as currently engaging in harmful behavior that has continuously
occurred and seems ongoing.
(5) A determination of future harmful behavior must be made if the applicant presently is or has in the
past engaged in harmful behavior associated with a physical or mental disorder, and the panel physician
must evaluate whether the harmful behavior is likely to recur. Many factors enter into this
determination of classification, and the decision requires clinical judgment.
NOTE: Only harmful behavior that is associated with a physical or mental disorder is relevant for the
classification of visa ineligibility. Neither harmful behavior nor the physical or mental disorder alone
causes an alien to be medically ineligible.
(1) In general, to establish any substance‐related diagnosis, the examining physician must document the
pattern or use of the substance and behavioral, physical, and psychological effects associated with the
use or cessation of use of that substance.

(2) Substance dependence, either on alcohol or other psychoactive substances, is characterized by
compulsivelong‐term use of the substance, despite significant substance‐related physical, psychological,
social, occupational, or behavioral problems.
(3) Substance abuse is characterized by a pattern of recurrent substance use despite adverse
consequences or impairment.
(4) The current version of the DSM defines sustained, full remission as a period of at least 12 months
during which no substance use or associated harmful behavior have occurred. The panel physician has
discretion to use their clinical judgment to determine if 12 months is an acceptable period of time for an
individual applicant to demonstrate sustained, full remission.
(5) Remission must be considered in two contexts: (1) general mental disorders and (2) substancerelated
disorders.
For general mental disorders, the determination of remission must be made based on the assessment of
associated harmful behavior, either current or a history of harmful behavior judged likely to recur, and
DSM criteria. This includes substance‐related disorders for those substances, including alcohol, not listed
in Schedules I through V of Section 202 of the Controlled Substances Act.
For substance‐related disorders for those substances listed in Schedule I through V of Section 202 of the
Controlled Substances Act, the determination of remission must be made based on applicant's
substance use and DSM criteria.
The practical significance for diagnosis of remission is that applicants who are or have been determined
to be Class A for drug abuse or addiction for those substances listed in Schedule I through V of Section
202 of the Controlled Substance Act are not eligible for a waiver and must complete the time period for
sustained, full remission before reapplying for admission.
8. 9 FAM 40.11 N11.2 will be amended as follows:
9 FAM 40.11 N11.2 Alcohol Abuse or Dependence
a. Although, INA 212(a)(1)(A)(iii) does not refer explicitly to alcoholics or alcoholism, alcohol
abuse/dependence constitutes a medical condition. The same criteria apply for evaluation of
dependence or abuse of alcohol as are found in the current DSM for other substances (drugs). The
diagnosis of alcohol abuse or dependence alone does not make an applicant ineligible to receive a visa
unless there is evidence of current or past harmful behavior associated with the disorder that has posed
or is likely to pose a threat to the property, safety, or welfare of the alien or others in the future.
b. To ensure proper evaluation, you must refer applicants (IV and NIV) to panel physicians when they
have:
(1) A single alcohol related arrest or conviction within the last five years;
(2) Two or more alcohol related arrests or convictions within the last ten years; or
(3) If there is any other evidence to suggest an alcohol problem.

c. Applicants who are referred to a panel physician due to alcohol‐related offenses must receive the full
medical exam evaluation, less the vaccination requirements for NIV applicants. Chest x‐rays and any
other necessary testing must be conducted for the exam to be considered complete.
d. An NIV applicant with a single alcohol‐related arrest or conviction within the last five years who the
panel physician finds to have a Class B or no physical or mental condition, who is otherwise eligible to
receive a visa, and who has not had another alcohol‐related arrest or conviction since the original or
previous exam does not have to repeat the medical exam with each new NIV application. If an applicant
is found to have a Class A condition associated with alcohol abuse or has two or more alcohol‐related
arrests or convictions within the last ten years, then the applicant must be referred to the panel
physician with each new NIV application if the original medical exam has expired.
9. 9 FAM 40.11 N11.3 will be amended as follows:
9 FAM 40.11 N11.3 Role of the Panel Physician in Evaluating Physical or Mental Disorders with
Associated Harmful Behavior and Substance Related Disorders
a. Effective June 1, 2010, the CDC updated the Technical Instructions for Physical or Mental Disorders
with Associated Harmful Behavior and Substance Related Disorders (2010 MH TIs) to provide
clarification that the diagnosis of physical and mental disorders with associated harmful behavior and
substance‐related disorders is made based on existing medical standards, as determined by the current
version of the DSM. Panel physicians must follow these new instructions when evaluating visa
applicants for physical or mental disorders with associated harmful behavior and substance related
disorders.
b. As part of the medical examination of aliens, the panel physician will carry out or obtain a mental
health evaluation:
‐ To identify and diagnose any physical or mental disorder (including alcohol‐related disorders);
‐ To identify any harmful behavior associated with a disorder;
‐ To identify the use of drugs, other than those required for medical reasons, and diagnose any
substance‐related disorder;
‐ To determine the remission status of any disorder previously diagnosed; and
‐ To determine the likelihood of recurrence of harmful behaviors associated with a physical or mental
disorder.
c. The panel physician can recognize that an applicant with a physical or mental disorder might have
associated harmful behavior during any point of the examination (while taking the medical history of a
mental disorder, while taking history of harmful behavior, or while observing for current abnormal
behavior during the physical examination).
d. For most applicants, the panel physician's examination will require only one appointment. However,

for some applicants multiple appointments or specialist consultations may be required to make an
accurate diagnosis of whether the applicant is afflicted with a Class A or Class B condition as it relates to
physical or mental disorders with associated harmful behavior or substance abuse and addiction
(dependence).
NOTE: Random screening for drugs is not part of the routine visa medical examination. The panel
physician must evaluate the applicant's history and behavior, and perform a physical examination to
determine if drug screening should be performed. Whole populations of applicants should not routinely
be subject to random laboratory screening. The panel physician should make an individual decision
based on the indications for drug screening.
10. 9 FAM 40.11 N11.4 will be amended as follows:
9 FAM 40.11 N11.4 Referrals to Specialists for Further Evaluation
a. The panel physician must refer an applicant to a specialist consultant if after the medical interview,
review of records (including Form DS‐3026, Medical History and Physical Examination Worksheet,) and
performing a mental status and physical examination
‐ Arrive at a probable psychiatric diagnosis for purposes of the determination of a mental disorder with
associated harmful behavior (past or present);
‐ Arrive at a probable diagnosis of a substance‐related disorder according to DSM criteria; or
‐ Classify as a Class A or B condition.
b. If an applicant is referred to a specialist for psychiatric evaluation and further assistance in
determining the diagnosis and classification is needed, CDC's Division of Global Migration and
Quarantine (DGMQ)
may be consulted to provide additional assistance. If CDC/DGMQ is consulted, a copy of all pertinent
medical information may be faxed to 404‐639‐4441 or sent visa secure files email to cdcQAP@cdc.gov.
11. 9 FAM 40.11 N11.5 will be created as follows:
9 FAM 40.11 N11.5 Determining Class A or Class B Physical and Mental Disorders with Associated
Harmful Behaviors and Substance Related Disorders Conditions
a. Class A medical conditions render a visa applicant ineligible to receive a visa and, for mental health,
include applicants who are determined by the panel physician to have:
(1) A current physical or mental disorder with associated harmful behavior;
(2) A past history of mental disorder with associated harmful behavior if the harmful behavior is likely to
recur or to lead to other harmful behavior in the future; and/or
(3) Drug (substance) abuse or addiction (dependence) for specific substances provided in Schedule I‐V of
Section 202 of the Controlled Substances Act).

. Class B medical conditions are not medically ineligible conditions and include applicants who are
determined to have a physical or mental abnormality, disease or disability serious in degree or nature
amounting to a substantial departure from well‐being.
c. If a panel physician is unable to determine whether an applicant has a diagnosis of a physical or
mental disorder, or substance abuse or dependence, then classification may be deferred in order to
obtain additional medical evidence. When this occurs, the panel physician must explain to the applicant
that he or she would like to see the applicant during the next 3 to 6 months to determine if abstinence is
present (in order to classify the applicant).
d. Applicants may have more than one classification. However, applicants cannot be classified both Class
A and B for the same physical or mental disorder, or substance related disorder.
e. Physical and mental disorders with associated harmful behavior and Substance‐related disorders
classifications and descriptions are listed below:
(1) No Class A or Class B Classification: Applicants with no diagnosis of physical or mental disorder, or
substance related disorder.
(2) Class A Physical or Mental Disorder with Associated Harmful Behavior (includes alcohol and other
substances NOT listed in Schedule I‐V of Section 202 of the Controlled Substances Act).
(3) Class A Substance Abuse or Dependence (for specific substances provided in Schedule I‐V of Section
202 of the Controlled Substances Act).
(4) Class B Current Physical or Mental Disorder with No Associated Harmful Behavior (includes alcohol
and other substances NOT listed in Schedule I‐V of Section 202 of the Controlled Substances Act).
(5) Class B History of Physical or Mental Disorder with Associated Harmful Behavior Unlikely to Recur
(includes alcohol and other substances NOT listed in Schedule I‐V of Section 202 of the Controlled
Substances Act).
(6) Class B Substance Abuse or Dependence in Full Remission: Applicants diagnosed with full, sustained
remission of substance abuse or dependence based on current DSM criteria.
12. All current 9 FAM 40.11 N12 sections will be deleted.
13. Any procedural questions about this guidance should be directed to CA/VO/F/P [redacted].

Videos Regarding Cita in Cuidad Juarez
http://www.youtube.com/user/pasjuarez
http://www.youtube.com/user/pasjuarez#p/u/3/KCft0XrCBg8
En el Consulado: No se Deje Engañar!
Evite personas con malas intenciones que rondan el consulado e intentan tomar ventaja
de usted
At the Consulate: Don't be fooled!
US Consulate Ciudad Juarez demonstrates how to avoid people with bad intentions that
hang out outside the consulate
En el Consulado: El proceso de solicitud de visas paso a ...
Pasos a seguir cuando usted va al Consulado General de Estados Unidos en Ciudad
Juárez para solicitar una visa
At the Consulate: Step-by-step visa application process
What to expect when you go to the US Consulate Ciudad Juarez for your visa interview

Consular Processing In Juarez
May 17 th , 2011
Additional Resources
CIS Ombudsman’s Report on I-601 Waivers
http://www.dhs.gov/xlibrary/assets/cisomb_waivers_of_inadmissibility_recommendation.pdf
Practice Pointer: Obtaining a New Immigrant Visa Interview at CDJ after a USCIS Waiver
Denial
http://www.aila.org/content/default.aspx?docid=22264
Mexico Reciprocity Schedule
http://travel.state.gov/visa/fees/fees_4881.html?cid=3622
Visa Policy Updates
http://www.travel.state.gov/visa/laws/telegrams/telegrams_1446.html
2011 AILA Teleconference/Web Conference
© 2011 American Immigration Lawyers Association