ARTICLES SPEECHES Over the course of her career, Ms. Alice Yardum-Hunter has given many speeches and has published numerous articles to the lay and professional attorney reader alike. The writings and speeches published here and elsewhere are a sampling of her works. These publications are made available for your personal edification, but are copyrighted and may be used or reprinted only with permission.

CONSULAR PROCESSING AT THE U.S. EMBASSY, YEREVAN, ARMENIA 10/4/2009   by Alice M. Yardum-Hunter This article is adapted from a chapter written by Ms. Yardum-Hunter published in a book by ilw.com, The Consular Posts Book. It describes what to expect and how to prepare cases for presentation at the U.S. Embassy in Yerevan, Armenia. The American Embassy in Yerevan, Armenia is the only U.S. consular post located in this former Soviet republic. Armenia was the first non-Baltic nation to become independent in 1991 after the fall of the U.S.S.R. and has always sought swift and strong ties with the west. Nevertheless, a harsh economy and its poor human rights record have led a disproportionate number of its more than 3.2 million citizens to emigrate in recent years. BASIC INFORMATION Address: Embassy of the United States of America 1 American Avenue, Yerevan 0082 Republic of Armenia Web: http://yerevan.U.S.embassy.gov Embassy/Consular Officers: Ambassador: Marie L. Yovanovitch Consul General: Robin Busse RSO: Gordon Goetz There is no designated immigrant or temporary/nonimmigrant visa chief as the Embassy is small. Telephone/Fax Numbers: General Telephone: (+37410) 464-700; Fax :(+37410) 464-742 Consular Section: Telephone: (374-10) 49-46-86; Fax: (374-10) 46-47-37 Days and Hours of Operation: Basic Business Hours: The Embassy operates from 9 a.m. to 6 p.m., Monday – Friday. U.S. Citizen Services: 1:00 p.m. – 4:30 p.m. weekdays Visa Section: Nonimmigrant Visa Services: Interviews are scheduled 8:30 a.m. – 11:30 a.m. weekdays excluding Fridays, Armenian holidays and U.S. holidays. Immigrant Visa Services: Interviews are scheduled on Tuesdays 9 a.m. – 12 p.m. and 2 p.m. – 5 p.m., and on Thursdays 9 a.m. – 12 p.m. After Hours/Emergency Contact Information: American citizens may call or visit the Consular Section of the Embassy any time during business hours in a life or death emergency. After hours and during holidays, for emergencies in Armenia U.S. citizens may call (374-10) 49-44-44. This is the emergency hotline for the Embassy. A duty officer may also be reached at (374-10) 46-7-00. Consular officers in the event of a death in Armenia will notify the family to make arrangements for transferring the remains. The costs of transfer may be high and must be paid by the family. Armenian laws require an autopsy in case of sudden or accidental death. 2009 Holiday Closures: American Armenian • January 1 – New Years Day • January 2 – New Years Day • January 5 – Christmas Eve • January 6 – Christmas Day • January 19 – Martin Luther King Jr.’s Birthday • January 28 – Army Day • February 16 – President’s Day • March 8 – Women’s Day • April 24 – Armenian Remembrance Day • May 1 – Labor Day • May 9 – Victory and Peace Day • May 25 – Memorial Day • May 28 – First Republic Day • July 3 – Independence Day • July 5 – Constitution Day • September 7 – Labor Day • September 21 – Independence Day • October 12 – Columbus. Day • November 11 – Veteran’s Day • November 26 – Thanksgiving Day • December 25 – Christmas Day • December 31 – New Years Eve Recommended Local Hotels Nearby Consulate: 1. Ani Plaza Hotel Hovsep Nasoyan, General Manager 19 Sayat Nova Ave., Yerevan 375001 Tel: (374-10) 58-95-00 Fax: (374-10) 56-53-43 E-mail: anihotel@yahoo.com Website: http://www.anihotel.com 2. Armenia Marriott Hotel Katrin Hentszel, General Manager 1 Amirian St., Yerevan Yerevan 375010 Tel: (374-1) 59-90-00 Fax: (374-1) 59-90-01 E-mail: armeniamarriott@hotelmail.ar.am Website: http://www.marriott.com 3. AUA Suites at Hybusiness Souren Yavruyan, Manager 8 Hanrapetutyan St., Yerevan 0010 Tel: (374-10) 56-75-67 Fax: (374-10) 54-31-31 E-mail: hybusiness@aua.am Website: http://www.hybusiness.com 4. Tufenkian Heritage Hotels Hakob Hakobyan, General Manager Nork-Marash 13th Street, Yerevan 375048 Tel: (374-10) 54-78-88 Fax: (374-1) 54-78-77 E-mail: hotels@tufenkian.am Website: http://www.tufenkianheritage.am LOCAL CONSULAR RULES AND PROCEDURES Can an attorney or others be permitted during immigrant and/or nonimmigrant interviews? Regardless of whether the interview is for a permanent immigrant visa or a temporary nonimmigrant visa, the applicant attends the interview alone, unless the applicant is a minor (under 18) accompanied by a parent or a legal guardian, or if the applicant is disabled requiring assistance. Attorneys or anyone else generally, will not be allowed at the interview. Applicants may consult attorneys before the interview and attorneys may ask questions, via email, provided they have sent a G-28. If the consul believes a particular individual related to the case, such as the petitioner, is helpful to the adjudication of an issue, such as bona fides of marital relationship, a person might be permitted to attend. Temporary Visa Processing: Three Steps in the Temporary Process 1.Application Fee Payment – To schedule the visa appointment online, applicants must pay their application fee at one of the Armencombank branches. Branch locations can be found here: http://www.aeb.am. A nonimmigrant visa fee must be paid in the equivalent in Armenian drams as exchanged in the Armencombank. The fee receipt is valid for a limited time: for one year after paying the application fee. The Embassy sets a monthly exchange rate in drams for the application fee. 2. Application Fee Payment – All temporary visa applicants must fill out form DS-156 and relevant additional forms, depending on the visa classification and individual case. The applicant must print and sign the required forms and bring them to the interview. These forms should not be sent to the Embassy. Soon, DS-160 will replace DS-156, DS-157, and DS-158 forms. Applications are preferred when prepared online, or at a minimum, must be typed; handwritten applications are not acceptable. The U.S. Embassy in Armenia has no supplemental forms that are particular to their post, unlike some other countries. 3. Temporary Visa Interview Scheduling Procedures – Applicants must schedule an interview appointment. They are made here: https://evisaforms.state.gov/default.asp?postcode=YRV&appcode=3. It is recommended that the appointment is scheduled at least three weeks in advance of intended travel. The average time of application processing can vary sharply between different seasons and it also depends on individual circumstances. It is important that applicants apply well in advance of their trip to allow additional time before their travel. Application numbers are especially high during summer months. The waiting times for nonimmigrant visa interviews can be found here: http://travel.state.gov/visa/tempvisitors_wait.php. How Long Will Nonimmigrant Visa Processing Take? The wait time from the time of setting the interview until the interview takes place in Yerevan as of the writing of this article for all nonimmigrants, apart from A, G, K and V visas, is two workdays according to the State Department website. (K and V visas are processed like immigrant visas, see below.) According to Embassy staff, the website wait times are very accurate, though the wait times change dramatically. Applicants will be notified if any additional processing is required when they are interviewed. The normal processing time excludes administrative processing issues, most of which are resolved within usually 30 to 60 days (duration depends on individual circumstances). Inquiries may be made after 90 days. Additional administrative processing is not required unless issues arise or the visa application is not prepared completely. Passports are usually ready for pick up at the main Embassy entrance service window at 5:00 p.m. two days after the interview. Emergency Appointments - When there is a true urgent need to travel, much more than the simple desire to get to the destination in the U.S., the Consular Section may grant an earlier appointment. These are the emergency guidelines: • Serious illness or death of a family member in the U.S. (family members are the applicant's parent, spouse, child, brother or sister); • Emergency medical treatment due to serious and unexpected events, including accompanying persons (e.g. parent of a sick child); • Emergency business travel. This rule does not apply to groups of five or more applicants who have special appointment and interview procedures; or • The purpose of travel is in the U.S. government interest, is sponsored by the U.S. or Armenian government. If any of these criteria are applicable, the applicant should follow the three steps listed above, and e-mail the Consular Section at consyerevan@state.gov or call (374 10) 49-46-86 between 11 a.m. to 12 p.m. or 4 p.m. to 5: p.m. The following information must be provided: applicant's name, phone number, and scheduled appointment date. The Consular Section will respond within one or two days with a decision for an emergency appointment. Full Visa Interview is Required – Miscellaneous Information for Interview Preparation – • Applicants should not arrive at the Consular Section earlier than 30 minutes before their interview because they will not be admitted until then. • Electronic items like cell phones or cameras are prohibited at the Embassy and the applicant should not bring any such devices. • The interview process may take up to two hours. • Interviews are available in Armenian, Russian, or English. Guidance on Documentation - The best cases are those that are very well prepared. If the consular officer believes certain facts, he or she may not need to look at documentation confirming those facts. It’s best to be over-documented than under-documented. There are no explicit requirements about bringing copies of petitions or other documents. It is necessary to bring the original signed visa application, approval notice (where applicable), passport, and fee receipt. Having available at the interview supporting petition copies, and original plus copy of supporting secondary and tertiary evidence is highly advisable and should be provided if it is requested by the consul or if issues arise that added documents would address. If additional evidence beyond the basic is provided to the consul, it should be presented in original and copy for the consul to compare them for authenticity. Presenting originals with copies attached can save a lot of time. Documents in the order presented in a cover letter save time and keep the consul focused on the issues the attorney addresses. Keep a complete copy of the visa application packet. These are the documents that should be provided on the day of the interview, regardless of the type of visa: • Two bank receipts proving that the non-refundable application fee was paid at an Armeconombank branch. • A completed and signed Nonimmigrant Visa Application Form with an attached photo (see below) and relevant supplements. Each electronic form should include a barcode. It is used for scanning by consular personnel. Applications with unclear barcodes will not be accepted. After the application is printed, the applicant should check the quality of the barcode. • A passport valid for at least six months beyond the intended dates of stay in the U.S. • Armenian citizens should also obtain an exit stamp from the Armenian passport agency valid for at least three months beyond the intended dates of stay in the U.S. • One State Department specified photograph, though taking extra photos is a good idea in case they’re needed. • Information about additional supporting documents for various nonimmigrant visa classes can be located the Yerevan Embassy’s website. Issues in Temporary Visa Applications Armenia is historically a country with high emigration rates, both legal and illegal, due to the lingering economic depression after the downfall of the Soviet Union and historic migration of Armenians around the world. As a result, of particular concern for Consular Officers is abuse of B-1 and B-2 visas to work illegally in the U.S. and/or to overstay. Overcoming 214(b) Under the Immigration and Nationality Act, the consular officers must assume that aliens intend to live in the U.S. permanently. The most serious hindrance to nonimmigrant visa issuance in Yerevan is overcoming immigrant intent. It is therefore up to the applicant to demonstrate strong ties to Armenia (such as business or social ties) to clearly establish that they plan to return. The best applications are those that tell a credible story of a person’s life and ties with strong evidence of connections to the motherland. If the applicant fails to show the intent to return, then the denial will result under section 214(b) of Immigration and Nationality Act. There is no easy way to overcome this type of denial, especially since Armenia has high emigration rates. This is why it is more difficult to obtain a nonimmigrant visa from Yerevan than from most other countries in Europe. There is no one factor that will prompt visa denial, but a pattern of visa abuse by family members, for example, illegal overstay or unauthorized employment on B-1 or B-2 status, is a negative factor that will need to be considered among all other factors in an application. Also, the prevalence of questionable support documentation adds scrutiny by Consular Officers. It is not uncommon to register ownership of properties or businesses in the names of relatives and friends for the purpose of making visa applications. If done close in time to the consular interview, these changes of property ownership could be suspect. Denials and Reapplication While there is no restriction as to how soon one may reapply after denial, it has been shown that it takes at least six months for nonimmigrant applicants’ circumstances to change enough to allow them possible visa qualification anew. Reapplication requires another submission of the application and fee. The Embassy asks applicants to not make calls asking about the reasons for denial, but it is appropriate to e-mail them at consyerevan@state.gov. Consular Officers provide specific grounds for refusal as much as possible, sometimes going into great detail concerning facts to support their decision. The applicant and Consular Officer (in complex matters) may request an Advisory Opinion from the State Department concerning issues of law. Unaccompanied Minors Each airline has a different program concerning unaccompanied minors. Some have special services for children aged between 5 and 13 for an additional fee. Airlines usually require a form to be submitted that lists the biographical information about the persons who will drop off and pick up the child at the airports. The information includes address, telephone number, passport information, etc. Visit airline websites for additional information. Can Non-Armenian Citizens Apply for Visas in Yerevan? Temporary visa applicants from third countries outside of the consular district may apply for visas but should be aware that it may be more difficult to demonstrate their qualifications for the visa to an interviewing officer unfamiliar with the local conditions of their particular district/country. Language barriers might also make it difficult. There are no particularly special procedures for third country nationals in Yerevan at this time. PERMANENT IMMIGRANT VISA PROCESSING (IV) Beginning February 2006, the Consular Section of the U.S. Embassy in Yerevan started processing immigrant visas for Armenian residents (including Armenian citizens and non-citizens), taking over that function from outside of Armenia. Prior to that time, Armenian IV cases were handled in Moscow, Russia and later in Tbilisi, Georgia. Routine I-130 and I-140 Petition Filing The immigrant process typically begins through the U.S. Citizenship and Immigration Services to which a “petition” is filed. The most common immigrant petitions are the I-130 filed by family relatives and I-140 for employers for alien employees. There are other petitions, but they are much rarer. Those are for religious workers and employment creation entrepreneurs. Immigrant petitions are normally filed in the U.S. regional service center with jurisdiction over place of the alien’s future employment in the case of employment based immigrant petitions or where the U.S. petitioning relative resides. The National Visa Center (NVC) Once an immigrant petition filed in the U.S. is approved, it is forwarded to the National Visa Center (NVC). NVC then provides further instructions to the petitioner and sponsors and also collects documents like the Affidavit of Support completed by the sponsor (in all family based cases and employment based cases if the alien owns more than 5% of the petitioning employer), application fees, etc. For numerically limited family preference petitions, NVC contacts the petitioner once the immigration wait nears the end. This is routine. Application Fee Payment System Procedures are standard, using the NVC visa lock-box procedure by check or electronically, usually by petitioners. Diversity Lottery (DV) applicants pay fees locally in the consular section in U.S. Dollars or Armenian Dram in cash only (no checks or credit cards). A separate payment is made for the Affidavit of Support and the immigrant visa itself, as is routine for all immigrant visa processing. Affidavits of Support The Affidavit is a contract signed by the petitioner and is used to show the alien will not become a public charge requiring means based support after immigrating to the U.S. If the affiant does not have sufficient funds, other sponsors, including the alien sometimes or others residing with the sponsor, can also be sponsors. Such are co-sponsors. A separate joint sponsor can supplement a required sponsor when the required poverty guidelines cannot be met by the primary sponsor's income or assets. Affidavit of Support requirements are complex and the requirements for such are not included in this writing. Guidance on Documentation As with all immigrant visa applicants worldwide, documentation is processed through the NVC typically, though copies of all application materials and original documents are required at the time of interview at the Embassy. If the applicant cannot provide originals at the interview, certified translation and notarized copies must be presented. Any supporting documentation should be provided directly to visa applicants to present at the time of the interview. The Consular Section cannot match incoming correspondence with upcoming visa applications. Yerevan doesn’t require any special documents. The usual ones include the form DS-230 Parts I and II, civil registration documents (birth, marriage, police clearances, etc.), and photographs. Cases for children soon approaching 21 years old must be flagged for the consul to process before the 21st birthday, if the child is not protected under the Child Status Protection Act. Locally Filed I-130s When an I-130 is filed locally in Armenia, it by-passes the work done at the NVC. All fees are paid at the Embassy and all documents are collected at the Embassy. The acceptance of I-130 petitions filed in Armenia by American citizens for their immediate family members rather than in the U.S. at a regional Service Center sharply declined since January 22, 2007 because of regulation amendments limiting such filings. American citizens may only file family petitions in Armenia if they have resided in Armenia for six months or more and can prove it with a residence permit. Simple presence in Armenia does not constitute residence and precludes filing an immigrant petition by a U.S. citizen while in Armenia. U.S. relatives on vacation in Armenia must file their petitions for family members in the U.S., not while on vacation. Designated Panel Physician List Issues According to Embassy personnel, it is quick and easy to handle the medical exam portion of the visa requirements in Yerevan. Applicants contact the panel physician directly to schedule an appointment. The Panel Physicians are: Dr. Kristine R. Khachatryan Dr. Anush M. Ordyan Malatia Medical Center Malatia Medical Center Department of Cardiology Department of Cardiology St. Daniel Varuzhan 28A St. Daniel Varuzhan 28A 3rd floor, Room #1 3rd floor, room # 302 9am - 4pm Monday-Saturday 9am - 4pm Monday-Saturday Tel. (37410) 77 3045 w Tel. (37410) 55 69 06 (37410) 56 72 65 h (37410) 26 58 55 h (37491) 20 51 43 (cell) (37491) 41 0031 (cell) E-mail: kristinkhachatrvan@yahoo.com E-mail: anushordyan@mail.ru Applicants need to take the following with them to the doctor: 3 color pictures 3X4 cm in size, passport and an extract from their medical history with the list of vaccinations received. The documents should include a doctor's signature and stamp. This will ensure avoidance of unnecessary, sometimes dangerous inoculations, or waivers. The results of the examination are submitted by the Panel Physician directly to the Consular Section in Yerevan. This procedure applies to K-1 fiance(e)s as well. Cost of medical examination: 45000 Armenian Dram for persons over age 15 and 31500 Dram for persons under age 15. The cost of vaccinations is not included in the cost of medical examination. Applicants are requested to inform the Consular Section if they are charged higher prices than those listed here. Wait Time for Visa Issuance As of the writing of this article, IV interviews are scheduled on Tuesdays and Thursdays. Qualified applicants whose visas are authorized generally pick up the IV Packet the following Wednesday at 5:00 p.m. When an I-130 is filed locally, the American citizen comes in any day, Monday – Friday, from 1:30 – 4:30 p.m. to American Citizen Services and pick up the petition paper work. The citizen then returns with his or her spouse any Thursday from 2 p.m. – 4 p.m. to file the petition. About two weeks later the Armenian spouse comes in for their visa interview – again, on Thursday from 2 p.m. – 4 p.m. Assuming there are no problems, the visa will be issued the following Monday. The entire process, assuming there are no problems with the petition or visa application, will take about one month. Immigrant Visa Issues Third County Documents According to Embassy staff, there are no particular issues in permanent immigrant visa processing, apart from complicated ineligibilities requiring waiver processing and/or timely securing police certificates from third countries. Third country nationals may process for U.S. immigration in Yerevan when they are legal residents there. For example, citizens of Nigeria and Greece encounter delays securing police clearance documentation. Proving a Bona Fide Relationship There is no one document to prove bona fides apart from required documentation, such as marriage, birth, divorce or death certificates. For cases of suspected marriage fraud, beneficiaries and petitioners are encouraged to present any and all information and/or documentation they think shows bona fides and a real relationship. Applicants are also encouraged to be creative and not just rely on letters, e-mail, phone records, as these occasionally are inconclusive. Consular officials like evidence of co-mingling of assets or children born of a marriage to indicate the bona fides of a marital relationship. Exit Visas Before leaving Armenia, immigrants to the U.S. should register with the Armenian passport agency, Office of Visas and Registration (OVIR), to avoid any problems at the airport. This is not mandatory for the U.S. government, or even for the Armenian government anymore, but is particularly recommended for all draft-age males. Military age males are suggested to de-register because if they do not, they may be arrested and either pressed into military service or jailed and forced to pay a very large fine if they return to Armenia. Exit registrations are valid for three months. Requests for Reconsideration and Reapplication Requests The procedures and standards for Requests for Reconsideration and Reapplication are the same. If an unqualified or refused immigrant applicant has significant new information to present that would help overcome prior refusal, that applicant may return on “221(g) days”: any Thursday from 2:00- 5:00 p.m. Advisory Opinion Requests As with nonimmigrant visa denials, aliens and Consular Officers may each request Advisory Opinion from the Department of State in Washington, D.C. concerning questions of law. FRAUD, ORGANIZED CRIME, TERRORISM, ETC. The Gestalt of visa processing in Yerevan is that there is, as a holdover of black market mentality under Communist rule, the idea that true facts are not so important nor is honest application. Armenian clients must understand that the ways they are accustomed to do not exist in the U.S. and that misrepresentations of material fact will result in visa denial (absent waiver approval). Advise clients about this at the outset so their expectations are realistic. There are separate waivers for nonimmigrants and immigrants. Not everyone even qualifies for a waiver. Some require having a particular type of relative in the U.S. who would experience extreme hardship if the waiver is denied and the alien is not permitted to come to the U.S. Waivers are not automatic and can be difficult to get approved. They often involve discretionary decisions which are nearly impossible to overturn due to historic lack of consular reviewability in Federal Court. Recent exception to this long standing principal has been found when First Amendment issues are at stake. Therefore, it is highly advisable that applicants for all visas in Yerevan be advised that they do all they can to qualify and not disqualify themselves simply by making material misrepresentations of fact. In the preparation of this article, the author contacted the Consul General directly for insights and input concerning the thornier issues of visa processing in Yerevan. Based on the answers, it appears that there is more fraud in nonimmigrant visa applications than immigrant visa applications. This conclusion is based the consul’s inability to provide comment concerning sensitive temporary nonimmigrant visa questions whereas, when asked questions concerning sensitive permanent immigrant visa issues, the consul’s reply was most often that there was no concern. There is localized fraud and organized crime involved on the margins of the immigration flow from Armenia, but not as a general proposition. Such relates mostly to supporting documents related to employment, business, family ties, property ownership, etc. There are also some agencies that specialize in creating and/or distributing other than legitimate documents for applicants to present to the consul. A new social security numbering system has made falsifying employment more difficult. Indicia of fraud in the temporary visa application process can be found in new passports obtained as replacements for “lost” passports. Passports and other official documents are rarely falsified. Name changes and discrepancies in facts may also indicate fraud. Note that concerning supporting certificates, the civil acts registry is not centralized and the central Bureau of Acts of Civil Status (“ZAGS”) cannot verify civil registry documents issued by subsidiary bureau or other local civil registry offices. During 2004, the State Department apprehended a consulate employee (native of Poland) who was running a scheme to issue fraudulent visas. He was convicted. Official corruption is a problem, though this is not a frequent reason for visa denial. Some fraud involves trafficking of persons for illicit purposes; some of it involves moving money; and there are also cases of fugitives from justice, though these are relatively unusual. However, the consul and the security officer have fairly regular contacts with police authorities in the U.S., particularly in locales with large Armenian populations, such as Glendale, California. A minor irritant is that temporary visa applicants routinely provide their address as registered with police as their address on visa forms when they actually may very well live in a different location. This can lead to questions by the consular officer concerning why the applicant works in a city that is very far from the city of residence. Nevertheless, that is not an indication of fraud as far as Yerevan consular staff is concerned. The U.S. Embassy in Yerevan conducts its own document verification investigations where warranted. Outside the government security apparatus, there are no developed private investigative services to verify documentation. There is no F.B.I. presence in Armenia. These investigations require actual visits by Consular Officers to government bureaus, places of alleged employment, etc. Even if a document is authentic and issued properly, it does not mean that it was not obtained through false pretenses. That is more likely than explicit document forgery or fake. Espionage and terrorism are not particularly relevant problems. It might be necessary at times to remind the consul that Armenia is a Christian nation, the world’s first. Terrorism as defined by the U.S. is inapplicable in the case of Armenia as a general proposition. CONCLUSION While visa issuance through Yerevan, Armenia can be challenging, it is not impossible. Well prepared applicants and applications are key to visa approval.

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