lawandborder.com

To book an appointment at the U.S. Consulates in China to apply for a visa, normally the applicant must purchase a card with a PIN number at CITIC Bank and then call the Visa Information Call Center. PIN cards cost 54 RMB for 12 minutes of phone time or 36 RMB for 8 minutes.

From May 5 through May 15, our law firm called the Visa Information Call Center daily, using up a number of PIN cards, but each time we were told that no appointment was available at all for any future date.

This problem is not new. It was listed as a matter of concern in the American Chamber of Commerce in China’s 2008 White Paper covering visa issues.

This month’s 10-day freeze on booking appointments in Beijing was explained by one visa section official as follows:

The Embassy has scaled down its workload considerably this week. Originally, it was because of crisis management training for our staff ahead for the Olympics. Then a real crisis occurred with the earthquake [in Sichuan], so we have fewer people available to interview.

From: Gary Chodorow [mailto:gary@fwhonglaw.com]
Sent: Tuesday, April 01, 2008 8:06 PM
To: ‘uscis.webmaster@dhs.gov’
Subject: Message from a Nitpicky Lawyer

Dear USCIS Communications Office:

I’ve read your recent announcement that “[e]ffective immediately, all petitioners filing stand-alone Form I-130s [Petitions for Alien Relatives] must file their petitions with the Chicago Lockbox” (emphasis added). USCIS Press Room, USCIS Revising Filing Instructions for Petition for Alien Relative: Form I-130s to Be Filed with the Chicago Lockbox (Mar. 21, 2008); USCIS Immigration Forms, Petition for Alien Relative (Feb. 19, 2008).

I am concerned that your announcement may mislead petitioners residing abroad. The Form I-130 instructions at page 4 continue to allow such petitioners to file their petitions abroad: “Petitioners residing abroad: If you live in Canada, file your petition at the Vermont Service Center. Exception: If you are a U.S. citizen residing in Canada, and you are petitioning for your spouse, child, or parent, you may file the petition at the nearest U.S. Embassy or consulate, except for those in Quebec City. If you reside elsewhere outside the United States file, [sic] your relative petition at the USCIS office overseas or the U.S. Embassy or consulate having jurisdiction over the area where you live. For further information, contact the nearest U.S. Embassy or consulate.”

This is a small detail, but amending your announcement may save numerous petitioners the cost and delay associated with filing their petitions in the wrong place.

Very truly yours,

Gary Chodorow
Attorney at Law
FREDERICK W. HONG LAW OFFICES
Majestic Towers, No. 20 Gongti Donglu, Bldg. 1, Suite 11-D, Chaoyang District, Beijing 100020
Tel: ++86.10.6506.1180, .1170, or .1880
Fax: ++86.10.6506.1720
Email: gary@fwhonglaw.com
Website: www.fwhonglaw.com