AILA/ Consulate Tour US Embassy, Paris, France October 23, 2019

US Embassy Paris responses are in red. AILA notes from the meeting are in purple.

1. General Information: a. 100,000 visa applicants processed per year (all services) at US Consulate. b. 13-14 consular officers at Post. (Consul General, 2 Sr to mid-level managers, 2-3 managers, 8 entry-level officers) c. Consular Officers do not specialize in a particular visa class. All COs process IV, NIV and AOS cases. Mornings are visa interviews. Afternoons are used for ACS appointments. d. 20 windows: i. Windows 1-6: Officer Windows where conduct fingerprint verification and interview. ii. Windows 7-12: Document Collection and take fingerprints by Locally Engaged Staff (LES). iii. Windows 13-14: Final approval given. iv. Windows 15-18: American Citizen Services (ACS) v. Window 19: Privacy Window vi. Window 20: Cashier e. Mondays: 100 or less E visa appointments each Monday. Applicants do not use the snake-line. Post does not schedule any other case type on Mondays. f. Wednesdays: On 2nd & 3rd Wednesdays each month, only IVs are scheduled. g. During busy season for students, Post will set full days for student visas. h. Post focuses on good customer service for all visa and ACS applicants. i. Officers conduct interviews with headphones for privacy. j. 50% of work of consular staff is for ACS services (USCs pickpocketed, losing passports).

2. Arrival and Time at Consulate a. How early should applicants arrive to post? For visas no more than 15 minutes prior to their appointment.

AILA NOTES: Post builds security time into the appointment times so that an 8 AM appointment will be seen around 8:30 AM. Visa appointments are scheduled between 8:30 AM – 12 PM in 15-minute increments. After security, NIV applicants process through a snake line. No electronic devices may be taken into the Consulate. Phones can

AILA Doc. No. 19111434.UNCLASSIFIED (Posted 11/14/19) be stored at security. Security office is small, and there is only one x-ray machine. As such, security officers only allow individuals in the consulate 15 minutes prior to the appointment.

b. How long are applicants generally in the consulate? If they arrive at their appointment time they generally proceed straight in.

AILA NOTES: In general, applicants are in the consulate for about an hour.

c. What is the goal time for getting applicants in/out of the consulate? We seek to minimize the time our applicants spend in our waiting room, believing a prompt processing of applications is respectful of their time and a component of responsive customer service.

AILA NOTES: The ACS waiting room is directly to the right upon entering the consulate. Visa applicants go past the ACS waiting room and then turn right into the interview area. Post does have a few computers in the ACS waiting room, if a new DS-160 must be completed.

3. Fees: Any special process regarding fee issues? For instance, in many posts, all fees must be paid (eg, L-1 Blanket fees) at the ACS section as there is no cashier in the NIV or IV section. We have one waiting room serving both ACS and Visa applicants and one cashier, equally accessible to both groups, collects fees for all services.

AILA NOTES: Most fees are paid after the visa interview; however, Blanket L fees are paid prior to the interview. Fees can be paid in Dollars and Euros. Credit cards are accepted.

4. Passport Photos: Are there any plans to phase out the need of applicants bringing physical passport photos to the consulate? By bringing a photo that corresponds to regulations for a visa application, it is less likely that applicants will have to leave to get one if the photo they uploaded with their CEAC does not meet regulations or is of low quality.

AILA NOTES: Post has two photo booths in the waiting room; however, Post recommends that applicants bring US-sized passport photos, as the “approved” photos on the DS-160 often times are not actually satisfactory for visa issuance.

5. Passport Return: a. In general, PP returns takes 3-4 days. b. PPs can be returned via La Poste at address listed or in-person at contracted Pickup Location. c. No additional fee for either option. d. Post will only return a PP to an address in France. [NOTED EXCEPTION: Post should also return to Monaco, but AILA advised there is a problem within the system, which does not allow this. Post is looking into resolving.] e. PP return option can be changed until appointment date. PP return location cannot be changed at the visa appointment.

AILA Doc. No. 19111434.UNCLASSIFIED (Posted 11/14/19) f. Post prefers that individuals pick up the passport at the contractor location, as it is safer, usually only takes 2 days for passport return, contractor is open until 6, and it is open on Saturdays.

6. Communication: a. Understanding that the online contact form allows inquiries to be submitted to post, is there an actual email address as well? [email protected] for visas; [email protected] for ACS.

AILA NOTES: Post advises it is best to use the Dropdown box online. Additionally, if information requested is offered on the website, Post will not answer the email. If imbedded form does not illicit a response, the email addresses above are available. Additionally, there is also an E visa email: [email protected]

b. Additionally, what is the general response time to inquiries to post? Questions that can be answered by the website or call center will not receive a personalized response. Questions submitted via the contact form that have not already been answered should expect a response within two working days.

c. If we have a client with serious medical condition, should we advise post before the applicant is to enter the consulate to advise of the special circumstance? Would this be helpful to post? Yes, in these cases, applicants or their attorneys should use the “Contact Us” section of the website.

7. Expedite Processing: If there is a need for urgency, applicant should advise at the interview. If the need for expedited processing occurs after the interview, individual or attorney should email Post or go through LegalNet or Congressional Representative.

8. Third-Country Nationals: a. Percentage of applicants that are Third-Country Nationals (TCNs)? Per law and regulation, the Paris Consular Section accepts applications from all persons physically present in our Consular district.

AILA NOTE: Post sees applicants from 180 nationalities. In fact, 52% of all applicants in France are French. The remaining 48% are comprised of all other countries. No one country stands out.

b. Can TCNs traveling through Paris have a visa issued? (eg, if someone is on a business trip to France) Please note we do understand that there may be some concerns regarding nonimmigrant intent if a TCN is processing in France. Yes

AILA NOTE: Post may check the French residence status, as this may help to dissuade an officer from denying for 214(b); however, residence in France is not required to apply for a visa. As such, applicants are encouraged to bring their Carte de Sejour, if a resident in France.

AILA Doc. No. 19111434.UNCLASSIFIED (Posted 11/14/19) c. Syrian, Iranian and Yemeni Applicants

i. Does post have a number of applicants from Syria, Iran, or Yemen? Yes

ii. What is the best method and format of submitting waiver applications post interview or on pending AP cases. When Post needs further information on a pending case, the requested information can be sent using the “Contact Us” section of the website.

AILA NOTE: Information can be sent using the imbedded form, which is located on the “Contact US” section of the website

iii. Has Post Paris issued waivers for applicants from the countries listed above? If so, how many? Yes. Through September 14, 2019, the Department issued 7,679 visas to applicants who were found ineligible for a visa under the proclamation but were found eligible for a waiver. We do not have an itemized statistic for Embassy Paris.

iv. Does Post Paris issue such waivers without feedback by the Visa Office (VO), or are all waiver recommendations sent to VO? Sometimes, applications require administrative processing before a consular officer can make a final decision on waiver eligibility. For example, consular officers may need to consult with the Visa Office to determine if an applicant is eligible for a waiver. This can happen for a variety of reasons.

In July 2019, the Department of State and partner agencies initiated a pre- interview enhanced automated screening and vetting process for all immigrant and nonimmigrant visa applicants including those subject to P.P. 9645. The automated vetting system has been strengthened by these changes and consular officers are no longer required to submit a case to the Department for additional processing to assess the national security prong of the proclamation. Consular officers should submit cases for additional processing when they determine one is needed for a reason separate from P.P.9645 or if they determine they need assistance in assessing the “no threat to the national security or public safety” waiver criterion.

AILA NOTE: If pre-cleared by DOS, officer can issue the approval at the window. DS-5535 is not a requirement and is now in PDF format. DS-160 has now changed and incorporated much of the info that the DS-5535 asked. Additionally, the DS- 160 no longer asks different questions based on gender of the applicant.

v. AILA members report an increased number of student visa revocations, most notably for Iranian nationals, who were advised of their visa revocation upon attempted entry into the US. Please understand that the examples provided to AILA were not for individuals who had been arrested, cited or suspected (as far as the individual knew) of any crimes. Understanding that post cannot speak to these cases in particular, please advise if Post has seen an increased number of

AILA Doc. No. 19111434.UNCLASSIFIED (Posted 11/14/19) revocations for individuals from countries listed on the travel ban who processed through US Embassy Paris. No

vi. Does post have a number of Russian NIV applicants, due to the lack of any visa appointments? Per law and regulations, the Paris Consular Section accepts applications from all persons physically present in our Consular district.

AILA NOTE: Post has not seen an increase in Russian nationals as applicants.

9. Public Charge and Health Insurance: At this time, nothing has changed. Post suggests checking travel.state.gov for most up to date changes. [NOTE: Due to court cases relating to both issues listed here, please check AILA Doc. No. 19050634 for Public Charge changes and AILA Doc. No. 19103100 for Health Insurance changes.]1

NIV Questions

1. General: a. Number of NIVs issued annually in France. According to annual Visa Statistics, in FY 2018 Embassy Paris issued 59,735 NIV.

AILA NOTE: US Consulate Paris is a mid-sized post, issuing nearly 60,000 NIVs a year.

b. Number of NIVs processed daily. Varies based on staffing and demand.

AILA NOTE: The daily processing varies because post has student days, E Visa days and IV days. As such, number varies.

c. As French nationals are able to travel as part of the VWP, what is the most common visa type? In FY18, more French nationals applied for J visas (13,659) at Embassy Paris than any other NIV category.

d. Are dual nationals of France and a country on the Travel Ban list currently eligible for VWP, as long as no reason exists for denying ESTA? Eligibility for ESTA is adjudicated by CBP. The authorization or denial of ESTA is not under the purview of the Department of State.

AILA NOTE: Applicants are not eligible for Visa Waiver; however, ESTA denials do qualify for expedited procedures at Post.

e. Are applicants advised to bring a full copy of the entire petition plus the approval notice to the interview? Individuals may only apply for a temporary worker visa after U.S. employers have submitted an I-129 petition and USCIS has approved it. USCIS will then issue a Form I-797 which shows a confirmation receipt number. That receipt number is

1 Featured Issue: Public Charge Changes at USCIS, DOJ and DOS, AILA Doc. No. 19050634, https://www.aila.org/advo-media/issues/all/public-charge-changes-at-uscis-doj-and-dos; Featured Issue: Healthcare Insurance Proclamation, AILA Doc. No. 19103100, https://www.aila.org/advo- media/issues/all/healthcare-insurance-proclamation

AILA Doc. No. 19111434.UNCLASSIFIED (Posted 11/14/19) required in order to schedule an appointment. Paper copies of the I-797 and/or I-129 are not required.

AILA NOTE: The intake officer may not take it, but it can be helpful for the officer, if the applicant brings it to the interview.

No matter the visa category, applicants must be able to articulate the need for the visa.

f. B Visa: If going to the US for an event, bring document showing the event.

g. B in Lieu of H: Does the consulate annotate a B visa with "B in lieu of H-1B" when appropriate? Yes, visas are annotated in accordance with the guidance in 9 FAM 402.2- 5(F).

AILA NOTE: A short request prepared by the attorney requesting why the annotation is necessary is helpful.

h. DS-160s: 1. Consular Officers do not review DS-160s prior to the interview, except in E visa cases. 2. Ensure DS-160 lists correct post as the file will not be visible if the wrong post is listed. Additionally, bar code will not work if enter at wrong post. 3. If biographical change, no need to re-submit a new DS-160. Please tell officer at the window. 4. If a more substantive change is needed on the DS-160, applicant should prepare a new DS-160. No issue with filing a new DS-160.

i. Administrative Processing: Only 1-2% of cases are in administrative processing. Admin processing issues are not in consulates control. Post can generate an inquiry but generally it does not push it along.

j. Denial: If case denied, applicant can re-apply and the case will go to a different officer.

k. Revocations: Post can revoke a visa if an individual is NOT in the US. If the person is IN the US, the Visa Office must revoke.

2. E Visas:

a. Detailed instructions for submitting the E visa are listed online. What is the normal processing time after the interview? As for all visa categories currently three days. That information is posted online.

AILA NOTE: The notation of visa issuance within three days does not take into account if an applicant is subject to Administrative Processing delays.

b. Per the US Embassy website, applicants are to submit the E visa supporting documents to the Embassy within two days of scheduling the interview. If an applicant accidentally does not do so, will post automatically cancel the appointment? Or, should applicant

AILA Doc. No. 19111434.UNCLASSIFIED (Posted 11/14/19) attend with the documentation in hand? Post requires three weeks to review documentation in support of an E visa application and this must be provided electronically. We cannot accept and process paper copies, it is the responsibility of the applicant to follow the instructions online and submit supporting documents electronically within three weeks of their appointment time. Wait time is locked at three weeks for E visas, so the typical advice would be to submit within two days of making the appointment. If an applicant shows up without having followed those directions, we are unable to move forward on their case and they can expect delays in processing.

AILA NOTE: At the interview, the officer will ask for any missing documents, if there are any concerns. Post will not contact the applicant prior to the interview for additional information or clarification. If applicant will be submitting an E-2 visa application, an interview appointment can be reserved ahead of time, but the documents should be submitted 3 weeks prior to the interview date. If applicant fails to provide documentation ahead of time, a cursory interview will be given, but the individual will be 221(g)’d and will have to return for an additional interview.

c. AILA members noticed a posting on the US Embassy Paris website recently indicating that E-2s could only be issued for 15-months, rather than the previously issued 60- month visa. Per the reciprocity schedule, visas should be valid for 60-months.2 Please confirm that E visas for French nationals may still be issued for up to 60-months. The information initially disseminated that stated E2 visas are valid for 15 months was rescinded and the reciprocity arrangement for French nationals is currently under review. At this time, E2 visas may currently be issued with a validity period of 60 E-1 and E-2 visas now months, and our website information has been updated to reflect this. If this changes limited to 25 months after the review is complete we will update our website to reflect the new status. (E-2C is 24 months)

F-1 visas are limited to AILA NOTE: DOS is reviewing reciprocity dates for all countries, and Post expects to see 20 months changes by December 2019. [NOTE: Since the meeting, US Department of State updated the reciprocity schedule for France and as of today (14 November 2019), the E visa reciprocity schedule is 25 months. AILA members should review the DOS website as validity periods may have changed around the globe.]3

d. Any other preferences of post that would be helpful in processing E visa applications? (such as page limit, etc). Complete instructions are online.

e. Can a TCN who resides in France but is a citizen of another E-1 or E-2 treaty country apply for an E visa in France? Yes

AILA NOTE: Per the FAM, Post will process TCNs, even if they are not residents of France; however, applicants will need to be able to effectively explain why they are applying in France.

2 US Visa: Reciprocity and Civil Documents by Country – France, https://travel.state.gov/content/travel/en/us- visas/Visa-Reciprocity-and-Civil-Documents-by-Country/France.html 3 US Visa: Reciprocity and Civil Documents by Country, https://travel.state.gov/content/travel/en/us-visas/Visa- Reciprocity-and-Civil-Documents-by-Country.html/

AILA Doc. No. 19111434.UNCLASSIFIED (Posted 11/14/19)

3. Consular Returns: a. If a petition-based case is returned to USCIS, how long before the file leaves Paris and is sent back to USCIS? As quickly as possible.

AILA NOTE: Post usually returns cases to USCIS within a week, when possible. A memo needs to be prepared, which takes a few days. Post will issue a 221(g) letter.

b. If an applicant alerts the G-28 attorney that there was a problem during the interview and that a petition is being revoked, how many days might the attorney have to contact the Consular Section in an effort to clarify any points before the case is returned to USCIS? Post will collect any information it requires to complete its review before returning the petition with a request for revocation.

AILA NOTE: If attorney contacts Post prior to the memo being written, the file should still be at Post.

4. Criminal Applicants: a. Any special processes in France for applicants applying who have a criminal background? (eg, in Peru, 3 different documents are needed for an applicant with a criminal issue in Peru.) No.

b. In general terms, if an individual has been arrested but not convicted of a crime, would one year from the incident be a reasonable time to wait in order to file the application. (Understanding there are no guarantees and understanding it depends on the seriousness of the offense.) Whenever an applicant chooses to apply, his or her application is adjudicated, and all pertinent information is considered.

AILA NOTE: French privacy rights are strong so consulate may not be able to delve into the issue. French Police Certificates are trusted. Applicant can bring in arrest record, court documents, expedited removal documents and pertinent legal codes.

Officer will scan and send to ARO with 212(d)(3) waiver request.

Applicants should NOT hide travel to Iran.

c. Any common issues where we can be sure to provide better information to our members (AILA attorneys) in order to make the consular officer's job of adjudicating the visa application easier? (eg, better documentation, etc) No.

Immigrant Visas (IVs) 1. Number of IVs issued annually in France. According to annual Visa Statistics, in FY 2018 Embassy Paris issued 1,295 IV.

AILA NOTE: Post processes a low volume of IVs. French nationals count for 50% of all IVs. Equally divided between family-based, employment-based and DV.

AILA Doc. No. 19111434.UNCLASSIFIED (Posted 11/14/19) 2. Number of IVs processed daily. Varies depending on staffing and demand. Embassy Paris schedules IV interviews two Wednesdays per month.

AILA NOTE: Currently, there are no backlogs. Previously, fiancé(e) applicants waiting 30 days or more. Now, the backlogs have subsided.

3. Can the Petitioner attend the IV appointment with the Applicant/Beneficiary? Yes.

AILA NOTE: USC Spouse can attend but is not required to attend.

4. What is the general turnaround time for IV visa issuance from interview date? As quickly as possible.

AILA NOTE: Post usually issues IVs within one week, if no issues exist.

Consulate cannot request NVC to transfer a case to Post directly. Instead, applicants must request the NVC to transfer the case to Paris. Also, expedite requests go to NVC, not to Post.

5. Common problems/mistakes by applicants. Anything that we can advise clients to bring or to do to make adjudication more streamlined and simpler? Failure to follow the instructions they receive prior to their interview. These include providing required documents and registering on the website with accurate delivery information prior to their interview date, which is a common cause for processing delays.

AILA NOTE: If original documents are not provided, the visa will be 221(g)’d awaiting the original document.

6. Is post providing a sealed, physical copy of the Medical Report or are all medicals electronic at this point? Currently, not all cases have electronic medical reports.

AILA NOTE: DOS is transitioning to PIVOT, which will send electronically the sealed medical report. Post is still issuing some physical sealed medical reports and some electronic medical reports. Alert the client that it the medical report may be electronic.

7. Does US Embassy Paris process TCN IVs? Per law and regulations, the Paris Consular Section accepts applications from all persons for whom a petition has been received from NVC and who is physically present in our Consular district.

AILA NOTE: Reminder for AILA members that Paris processes all Lisbon IV cases.

8. Number of locally filed I-130s annually (eg, based on a filing exception that is approved by Frankfurt for USC petitioner living in France). USCIS Rome covers France. In FY18 Embassy Paris accepted 33 directly filed I-130 petitions.

AILA NOTE: To request to file an I-130 locally, send an e-mail to the [email protected] in order for Post to receive permission to accept the case from USCIS Rome. USCIS Rome is expected to close by May 2020, and Post is unsure what will happen after that time.

AILA Doc. No. 19111434.UNCLASSIFIED (Posted 11/14/19) ACS 1. Has there been an increase in renunciation requests?

Renunciation requests have increased by 17 percent year over year.

There is no wait time for a renunciation appointment. The process is applicant driven. We do require potential renunciants to wait a minimum of one week between the initial telephone interview and the final renunciation appointment with the Consular Officer. This to give the renunciant time to contemplate carefully this serious and irrevocable action.

AILA NOTE: Post answers the telephone between 3-4 PM (local time).

Post used to process 30 renunciations a year, but number has increased to 110/year.

Person can be interviewed right way. Then, person given a week to contemplate final decision. The day that the person renounces, the paperwork is sent to DC.

2. Processing time of US passport renewals.

Passport renewals can be submitted by mail or in person. We adjudicate and transmit approved applications for passport book production the same day that they are received. Most cases are processed start to finish in less than one week.

Application and appointment instructions are available on our website at: https://fr.usembassy.gov/u-s-citizen-services/passports/passport-services-in-paris-2/

AILA NOTE: Emergency passport can be issued in less than an hour (not on weekends) and a new passport can be issued in less than a week.

3. Processing time of CRBAs.

CRBAs and accompanying minor passports are delivered approximately one week following the interview. Paris is currently piloting the online eCRBA application which allows applicants to pay the fee online. It takes three days for the system to confirm payment; therefore, applicants must allow three days between submitting the payment and the appointment date.

AILA Note: Interview occurs within 4-6 days and processing takes less than a week.

Appointment wait times vary, but are generally available within five business days.

Application and appointment instructions are available on our website at: https://fr.usembassy.gov/u-s-citizen-services/citizenship-services/report-birth-abroad/

4. Common problems/mistakes by applicants. Two-parent consent is required for minor passport applications. If one parent/guardian cannot go with the child to apply for the passport, they can give permission by completing Form DS-3053

AILA Doc. No. 19111434.UNCLASSIFIED (Posted 11/14/19) “Statement of Consent." You must submit the completed form with the child's passport application. The parent that cannot go with the child must:

• Sign and date Form DS-3053 in the presence of a certified notary public, and • Submit a photocopy of the front and back side of the ID that they present to the notary public with Form DS-3053.

If one parent has sole legal authority to authorize the issuance of a child’s passport, they must provide evidence of this with the application.

See item number 7 at https://travel.state.gov/content/travel/en/passports/apply-renew- passport/under-16.html for detailed instructions.

When renewing passports by mail, applicants should follow the instructions for passport photos and fee payment closely. We must return applications which do not have a correctly formatted/size photo or if the cheque de banque payment is not correctly issued. See our website for specific instructions for photos and payment: https://fr.usembassy.gov/u-s-citizen- services/passports/passport-services-in-paris-2/

AILA NOTE: Local money order in exact amount is required. Easier to do it in person. Wednesdays are for families.

U.S. citizens should pay careful attention to passport regulations before traveling to France: • The Government of France does not recognize the 12-page U.S. emergency passport, issued by U.S. embassies and consulates overseas, as a valid travel document for visa- free entry into France. If traveling on this emergency passport, you may be refused boarding and/or entry by immigration officials. Only direct transit through France for a destination in the United States is permitted with an emergency passport. You should check entry requirements of any other country of destination to make sure the emergency passport is accepted for entry.

AILA NOTE: Because an emergency passport is not electronic, France and Belgium will not grant individual entry if traveling on an emergency passport. As such, individual will need to enter somewhere else in the EU on an emergency passport.

• The passport must be valid for at least three months beyond your planned date of departure from the Schengen area.

• If a passport has been reported lost or stolen it is no longer valid for travel. Even if the passport is later found, it should not be used. We have several travelers per week who are not admitted to France because their passport has been flagged by INTERPOL as lost or stolen

• U.S. citizens who lose their passports in transit prior to admission to France may be refused entry by immigration officials.

AILA Doc. No. 19111434.UNCLASSIFIED (Posted 11/14/19) AILA NOTE: Passports – Post takes walk-ins all day, but the officer prefers applicants to arrive before 3 PM. Post will accept cash with exact change.

How to contact us: • Online appointments for passport, reports of birth, and notarial services are available at http://fr.usembassy.gov. • Questions regarding passport and citizenship services can be sent to [email protected] . • Questions regarding special consular services can be sent to [email protected].

AILA Doc. No. 19111434.UNCLASSIFIED (Posted 11/14/19)