Consular Officers Given Greater Flexibility on Validity Period of Nonimmigrant Visas

A DOS revised note provides guidance to consular officers on how and when to issue nonimmigrant visas for a shorter period of time, or a fewer number of admissions (entries), than that prescribed on the basis of reciprocity if warranted in an individual case. DOS advises that limitations of visa validity are most appropriate when the applicant’s bona fides in the immediate near term are not in question, but the stability of the applicant’s longer-term ties to his or her residence abroad are in doubt. Other scenarios also could apply. Normally, the U.S. prescribes the period of visa validity and number of entries consistent with how that foreign country treats U.S. citizens in the same or similar visa category. While consular officer decisions are not appealable, officers who identify due cause for such limitations are required to obtain concurrence from a consular manager.

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Palmer Polaski PC

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