What Would You Do #1: Funny Business in the Visa Line

In the month leading up to my Oral Assessments, I am going to post a hypothetical situation, and the responses I've received from readers here and in other forums to which I belong. I hope this series of 4 hypotheticals will prove useful to all those preparing for their own Oral Assessment. 

(The following hypothetical was taken from the 2014 Consular Adjudicator Oral Assessment Study Guide.)

"You have been doing visa interviews at post for a few months and have heard that local visa brokers have created files on all interviewing officers that they sell to visa applicants. You start to notice that people waiting in line for an interview suddenly decide to use the restroom when they are about to be called up to the window of a visa officer you hear has a broker file that says she is very tough. One day, an applicant pushes the person behind her to the front of the line to avoid the tough visa officer, and this applicant then appears at your visa window. What do you do?"

Below you will find answers from other who tackled this hypothetical. 




"Hmm. I would say to discuss the issue with a supervisor/ section chief at the soonest opportunity. Mean while, I would tell the person what I saw and ask them why they gave up their spot in line. Depending on the answer, I would then give or not give the person in question a thorough but fair visa interview, checking supporting documentation carefully and/or making sure it is genuine.

This is just from the gut, not in any way based on any real knowledge of rules/regs. Hope some better informed folks post as well."

"I would first default to the rules in any situation. If I knew the rules that governed a specific incident, I would follow those rules. If I did not know the rules, particularly because the situation was "gray" and unclear, then I would default to my training and experience as a Foreign Service Officer to handle the matter. Without that training, the best I can say is that I would put a "hold' on the situation by immediately stopping any (what I perceive to be) nefarious behavior and then consulting with my immediate supervisor. So, pull the person from the line and ask them to step aside, consult your supervisor, and then determine what to do. I would also always default to the interests of the U.S. If the people in line are not U.S. citizens then I would not be concerned or hesitate to pull them out of the line and have them wait while I sought additional guidance or investigated the situation.

Just my gut response. Haven't made it to the orals yet, so take it with a grain of salt. Good luck!"

"Here is what I would have done at my last post (where, incidentally, I issued visas.)

1) Ask if the individual had interviewed for a visa before. It's possible that they've interviewed with that officer before and been refused. Most posts prefer that subsequent interviews be handled by a different officer, and you have access to notes from all previous adjudications.

2) If they haven't, ask them to go interview at the window they just left. They left for a reason, and you want to know what it is. If they have, have them stay at your window and quickly look through their prior refusal notes to get up to speed on the situation. There's no need to have them step aside, just yet.

3) Grab your FPM (fraud prevention manager), or whichever of your colleagues or supervisors is in charge of fraud prevention. Visa interviewing is supposed to be a randomized process, and if applicants are able to select with whom they interview, it indicates a systemic issue. Local staff members might be helping applicants avoid certain windows, or there might be sophisticated schemes in place to help applicants interview with a specific officer. Fraud should be looped in to help resolve the issue, and to possibly learn more about the circumstances of this individual's application.

4) Go talk to the adjudicator who will interviewing this individual, and let them know what you suspect. They will likely be pleased to hear that they've developed this reputation, and it is also material to their interview. They would want to know.

5) Get back on the line. This whole process has taken about 10-15 minutes of your day, which means you're falling behind. Try not to carry any larger prejudice or suspicion into your next interview, in the interest of fairness. Your applicants all paid $160 and stood in line to meet you, and they deserve a fair, well-educated decision."

"Of course, we've done consular work so our stab at the hypothetical is probably going to be different than someone who hasn't done the job yet.

The various types of visa fixers are really ripping off the applicants as much as anything. I think it is important to remember that it is often a very stressful situation for the visa applicant and it is hard to blame them for seeking any edge. Just because they're trying to avoid the "tough" adjudicator doesn't mean they're ineligible for a visa."

My answer:

I think this (in response to another's post) is the most straightforward, common-sense answer: keep doing the job, while making note of the behavior. I would also approach my immediate supervisor not just about the line "funny business", but also the fact that brokers are creating files on visa officers; s/he may not have been previously aware this was happening. I would then ask to be part of the (possible) team that might brainstorm ways to mitigate any negative effects that occur from this practice.

I think it's very important to always point out a short-term and long-term response. At least that's my theory. I believe framing my answers using this mindset as a guide really helped me at my Orals last year. We'll see if it helps me this year!