LexisNexis® Legal Newsroom
FAM Update: Adoption Case Processing Guide in Non-Hague Countries

7 FAM 1700 APPENDIX A, ADOPTION CASE PROCESSING GUIDANCE IN NON-HAGUE COUNTRIES - ( CT:CON-426; 11-26-2012 ) (Office of Origin: CA/OCS/L) [Thanks to Eugene J. Flynn, Esq ., for spotting this.]

FAM Update: Acquisition of U.S. Citizenship by Children Born Abroad to Two U.S. Citizen Parents

See changes in purple, page 35. CT:CON-421; 10-05-2012 .

Changes to FAM Notes: False Claims to U.S. Citizenship

In Change Transmittal CT:VISA-1977 dated March 12, 2013 the Department of State made substantial additions to the FAM Notes for 9 FAM 40.63. The PDF is 22 pages ; changes are in purple italics.

The Disappearing FAM

On March 12, 2013 the State Department posted CT:VISA-1977 to the FAM, a 22-page update to 9 FAM 40.63 on INA Sec. 212(a)(6)(C)(i) (false claim to U.S. citizenship). On May 1, 2013 the State Department ' unassigned ' CT:VISA-1977. Will Sec. Kerry tell us why? (The answer, my friend, is blowin'...

Clarification on L Fees and Reciprocity Fees: FAM Update

"9 FAM 41.54 N14 has been updated to provide clarification regarding how reciprocity fees are affected when consular officers collect anti-fraud fees and border security fees. While this policy was formally laid out in reftel, CA/VO/F/P noticed that the policy was never formally enshrined in the...

DHS, DOS to Amend Policies re False Claims by Minors

By letters to Senate Majority Leader Harry Reid, DHS and DOS state they will amend the AFM and the FAM to reflect the following position: (1) Only a knowingly false claim can support a charge that an individual is inadmissible under section 212(a)(6)(C)(ii) of the Immigration and Nationality Act....

9 FAM 41.102 Notes Amended Regarding NIV Interview Waiver

"... Generally, all applicants must be interviewed in person. There are certain circumstances in which you, the chief of mission (COM), or the Deputy Assistant Secretary (DAS) for Visa Services may waive the personal interview for a visa applicant. ..." - 9 FAM 41.102 NOTES (CT:VISA-2061; 01...

Mid-Litigation, DOS Changes the FAM: Convenient Facts Redux, by Nancy Morawetz

Convenient Facts Redux by Nancy Morawetz , NYU School of Law "Two years ago, I wrote about how the Office of the Solicitor General (OSG) manipulates facts about government policies and practices to advance its arguments in the Supreme Court. In essence, if the OSG does not like the policies it...

DOS Cable: 9 FAM Update – New I-20 and DS-2019 Forms

UNCLASSIFIED 15 STATE 98754 AUG 20 2015 SUBJECT: 9 FAM Update – New I-20 and DS-2019 Forms

Coming Nov. 18, 2015: New 9 FAM-e

From the Dec. 2015 Visa Bulletin - "On November 18, 2015, the legacy Volume 9 of the Foreign Affairs Manual (9 FAM) will be replaced by the 9 FAM-e. As of this date the 9 FAM-e will become the authoritative source for visa guidance. The new 9 FAM-e represents the revision and reorganization of...

FAM on the Web...Sort of...

https://fam.state.gov/default.aspx - "The Foreign Affairs Manual (FAM) and associated Handbooks (FAHs) are a single, comprehensive, and authoritative source for the Department's organization structures, policies, and procedures that govern the operations of the State Department, the Foreign...

FAM Update: Change in Wage Requirement in Contracts for A-3, G-5, and NATO-7 Domestic Workers

DOS, Mar. 8, 2016 - "The 9 FAM 402.3-9(B)(4) notes have been updated to reflect a change in wage requirements for A-3, G-5, and NATO-7 domestic workers. Effective immediately, all contracts for domestic workers must state an hourly wage to be paid to the domestic worker, and the rate must be the...

FAM Update re H-2B Returning Worker Exemption (Mar. 7, 2016)

UNCLASSIFED 16 STATE 23732 Mar 7, 2016 SUBJECT: Updates to 9 FAM 402.10-4(E) - Guidance on Implementing the H-2B Returning Worker Program SUMMARY. On December 22, 2015, Congress included in the Consolidated Appropriations Act for Fiscal Year 2016 the reinstatement of the H-2B Returning Worker...

State Department Guidance Directive on Prudential NIV Visa Revocations (Sept. 2, 2016)

U.S. Department of State, Bureau of Educational and Cultural Affairs, Private Sector Exchange, September 2, 2016 Guidance Directive 2016-03 - 9 FAM 403.11-3 – VISA REVOCATION "The Department would like to bring to your attention a policy implemented on November 5, 2015, which requires...

New 9 FAM 601.12(U) - Discontinuation of Visa Issuance Under INA 243(d)

DOS, Jan. 3, 2017 - "INA 243(d) provides that upon being notified by the Secretary of Homeland Security that a government of a foreign country denies or unreasonably delays accepting an alien who is a citizen, subject, national, or resident of that country, the Secretary of State shall order consular...

FAM Changes Incorporate Executive Order 13788 'Buy American Hire American' Message

See Change Transmittal VISA-433, Aug. 9, 2017 - "This CT updates these subchapters with new policy guidance in light of Executive Order 13788, Buy American Hire American, intended to "create higher wages and employment rates for workers in the United States, and to protect their economic interests...

FAM Change Scraps 30/60-Day Rule (CT:VISA-60, Oct. 17, 2017)

New 9 FAM 302.9-4(B)(3) (U) Interpretation of the Term Misrepresentation [as of Oct. 17, 2017] ... "g . (U) Activities that Indicate Violation of Status or Conduct Inconsistent with Status (1) (U) In General: (a) (U) In determining whether a misrepresentation has been made, some of the...

Cyrus D. Mehta and Sophia Genovese-Halvorson: Defending Clients Against a Misrepresentation Finding Under the New FAM 90-Day Rule

Cyrus D. Mehta and Sophia Genovese-Halvorson, Sept. 18, 2017 - "The State Department has abruptly amended the Foreign Affairs Manual to provide broader grounds to find that foreign nationals misrepresented their intentions when they came to the United States on nonimmigrant visas. A finding of fraud...

DOS Cable Revises FAM re A-3, C-3, G-5, NATO-7 Visa Applicants

DOS, Jan. 12, 2018 - "The Visa Office has reorganized 9 FAM 402.3-9 to help guide consular officers through visa eligibility requirements for attendants, servants, and personal employees of foreign government officials and employees; officers and employees of international organizations; and NATO...

'Public Charge' Update to 9 FAM 302.8 (Jan. 4, 2018)

DOS, Jan. 4, 2018 - "UNCLASSIFIED 18 STATE 942 January 4, 2018 From: SECSTATE WASHDC Subject: Update to 9 FAM 302.8 Public Charge - INA 212(A)(4) 2. Guidance at 9 FAM 302.8 has been updated and reorganized. 3. INA 212(a)(4)(B) continues to provide that officers must take into account...

FAM Update: Validity of Nonimmigrant Visas (Jan. 26, 2018)

State Department, Jan. 26, 2018 - "UNCLASSIFIED 18 STATE 8202 January 26, 2018 From: SECSTATE WASHDC Subject: Update to 9 FAM 403.9-4 Validity of Nonimmigrant Visas 1. SUMMARY: The Visa Office has revised 9 FAM 403.9-4 ,* clarifying standards for limiting nonimmigrant visa validity....

Heller's Catch 22

Steven D. Heller, Mar. 2018 - "Steven D. Heller’s Catch 22 CFR § 40.6 (Based on a true story) "Bob the Brit (not his real name) was refused entry on the Visa Waiver Program because his repeated visits to the US were deemed by Customs and Border Protection to suggest that his...