Consul General Speeches

To the Love Exiles, The Treehouse, Amsterdam,  
October 28, 2006, 4:00 p.m. – 6:00 p.m.

I am very grateful to have been invited to speak to you this afternoon.  Thanks very much for the invitation.  I am joined here today by my colleague, Heidi Arola, who is currently serving as the head of our nonimmigrant visa unit at the U.S. Consulate General in Amsterdam.  She’s also had a lot of experience running our American Citizens Services Unit, and between the two of us, I hope we can answer the questions you might have about the services that the Consulate provides.
 
We will talk about these services a bit later, but first I would like to introduce myself to you and give you a brief overview of what the Consulate General does and our role in this country as a part of the U.S. Mission to The Netherlands.  My name is Margie Ames and I recently arrived in The Netherlands – about three months ago now – with my family, which includes my husband, our son, and a large, rather unruly by Dutch standards, dog.  We will be here for the next three years and are really enjoying this stay in The Netherlands.  My husband and I have lived here before – when we were still unmarried partners and I was working at the U.S. Embassy in The Hague about 10 years ago. 
Our mission at the Consulate General – first and foremost – is to protect the lives and interests of the American citizens who reside here and who visit The Netherlands.  We understand there are about 40,000 Americans resident here, and about 900,000 visitors each year. 
The Consulate offers the widest possible range of consular services to the American community, from regular newsletters and outreach trips to provide services outside Amsterdam, to helping people when they really need it:  when their belongings have been stolen and all they want to do is go home; when they fall ill.  We assist relatives when a family member dies overseas and offer counsel and assistance in cases involving destitution, mental health issues, child abduction, and in other emergencies.
We also handle many other routine matters, including passport applications.  You may have seen recent reports regarding the release of a new iteration of U.S. passport – the E-PASSPORT.   The e-passport contains an integrated circuit or “chip” embedded in the back cover.  The chip stores the same date displayed on the biographic page of the passport, including a digital image of the passport photograph – which we refer to as a biometric identifier – and which will help in verifying identity and protecting against the fraudulent use of a lost or stolen passport. 
There’s been a very active debate in the United States regarding the security of the information stored on the chip, and I think the Department of State has done a pretty good job addressing people’s security and privacy concerns.  The Department has adopted a multi-layered approach to protect the privacy of the information on the chip and to mitigate the chances of the electronic data being skimmed (unauthorized reading) or eavesdropped (intercepting communication of the transmission of data between the chip and the reader by unintended recipients).  Metallic anti-skimming material incorporated into the front cover and spine of the e-passport book prevents the chip from being skimmed, or read, when the book is fully closed.  Basic Access Control (BAC) technology, which requires that the data page be read electronically to generate a key that unlocks the chip, will prevent skimming and eavesdropping; and a randomized unique identification (RUID) feature will mitigate the risk that an e-passport holder could be tracked.  To prevent alteration or modification of the data on the chip, and to allow authorities to validate and authenticate the data, the information on the chip will include an electronic signature (PKI). 
I also want to stress that the information on the chip is not stored when you cross a border – the chip readers have the capacity to read the information to confirm your identity, but they don’t store this information or transmit it somewhere.  We’re not using this information to track travel patterns; the intent is to improve the security of the international travel environment while at the same time facilitating travel by being able to quickly and definitively confirm a person’s identity and nationality.
 
Now let’s talk about visas – the other side of our operation which consumes so much of our time and I would think is of considerable interest to you.  In preparing for this afternoon’s meeting I did a little research on the Internet and was very pleased to see that there is quite a bit of information available regarding options for the foreign partners of American citizens who wish to travel to, or reside in, the U.S.  Because so many of you are very familiar with this subject, I’d like to use the time we have today as more of a “clinic” on possible options, rather than giving you a detailed overview of U.S. immigration law.
With that in mind, however, I think it’s important to understand that the American Foreign Service Officers serving at the Consulate General in Amsterdam and at embassies and consulates all over the world are charged with implementing U.S. immigration law as it currently exists.  And the law as it currently exists limits the immigration opportunities for same-sex partners to a considerable degree. 
I was interested to learn that our “modern” system of immigration was essentially founded on immigration legislation enacted in 1917.  There have been a number of updates and changes over the past century, but really only two or three complete overhauls.  The most important one occurred in 1952 when the McCarran Ferguson Act became what we now call the Immigration and Nationality Act.  More recently, a big overhaul was undertaken in 1990 that created new categories of visas, revised and extended what was then known as the Visa Waiver Pilot Program, and made substantive changes to the ways that immigrants can become American citizens, among other provisions. 
But during this most recent review, Congress did not touch what continues to be the basic cornerstone of immigrant law:  family relationship.  In fact, more recent legislation passed in 1996 which I am sure is well known to you -- the Defense of Marriage Act – prohibits the Federal Government from recognizing same sex or polygamous marriages for any purpose, even if these unions are recognized by one of the states.  For our purposes, that means that we are not allowed to recognize Dutch marriages or other civil unions authorized in six U.S. states as of this year – as a relationship entitling the non-U.S. partner to an immigration benefit. 
Definition of ‘marriage’ and ‘spouse’:
In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.”
So what are the options?  Let’s start on the immigration side.  U.S. law provides for several categories of employment-based immigrant visas that are divided up into categories we call “preferences.”  The number of immigrant visas available in these categories is limited each year.  Some of these categories require that a petition be filed by a U.S. employer on the applicant’s behalf; some do not. 
First preference immigrants are those of extraordinary ability in the sciences, arts education, business or athletics who can show sustained national or international acclaim.  This is one of the categories where the applicant herself can file her own petition, rather than through an employer.
Second preference immigrants are professionals holding advanced degrees, or people of exceptional ability in the arts, sciences or business.  A job offer is required and the U.S. employer must file a petition in these cases. 
Third preference immigrants are skilled workers and professionals holding a baccalaureate degree – they have to have a petition filed by a prospective employer. 
Fourth preference immigrants are sometimes referred to as special immigrants and include overseas employees of the U.S. Government and certain religious workers.
Fifth preference immigrants are also called “employment creation investors” and are required to file their own petition with USCIS.  To qualify, you must invest between $500,000 and $1 million, depending on the employment rate in the geographic area you choose, in a commercial enterprise which creates at least 10 new full-time jobs for U.S. citizens.
I know these processes must sound daunting, and in some ways they are.  On the nonimmigrant – or visitor’s visa side, there are also some options that would allow partners to stay for a certain period of time in the U.S.  These include student and vocational student visas, exchange visitor visas that are available not only to students but to academics and researchers involved in U.S. government vetted exchange programs, and employment-based visas like the H-1B and L visa.  The famous B-2 visa also enables a visitor to the U.S. to remain for what is generally a period of 6 months, with the possibility of extending this stay if you are going to continue to remain a “visitor” – meaning you do not intend to work.  We at the consulate also have the authority maximum validity B-2 visas to the partners of people going to work in the U.S. and we can also recommend a stay of 12 months on a regular B-2 visa. 
What I’d like you to understand about the visa process is that Consular Officers are responsible for implementing the law, but we do it in a way that takes the lives of real human beings into account.  We feel a real responsibility to adjudicate visas in a manner that enhances our national security, for example, being fully aware that terrorists and others who would wish the U.S. harm are happy to exploit the international travel system to their advantage.  However, we also take great care to view each individual visa application in a holistic way, and to do what we can to support the many interests of the U.S. – including its economic interests, honoring our history as an immigrant nation, and encouraging diversity.  This is why I think the way in which the U.S. Government administers the visa function is so evolved in so many ways.  It is not strictly a law enforcement function.  We train consular officers at the very beginning of their diplomatic careers to undertake this work in a way that engages their judgment, their interpersonal skills and the values they have brought with them to the Foreign Service in looking at what is possible, rather than what is simply allowed. 

One other point of clarification.  It’s important to remember that a visa is basically permission to request entry to the United States.  The immigration inspectors at ports of entry make the decision about how long someone can be admitted.  Also, the period of time a visa is valid is not necessarily the period of time you are allowed to remain in the U.S.  If you receive a B-2 visa valid for ten years, for example, that means you have the ability to travel to the U.S. multiple times during that ten year period and apply for a period of stay with immigration officials upon arrival.
Travel utilizing the Visa Waiver Program is different in several significant ways.  First, if you have a passport from a country participating in the VWP that meets the criteria, and you are otherwise eligible to enter the U.S., you don’t need a visa to do so.  However, your stay is limited to 90 days.  Unlike travelers with visas, you cannot apply with USCIS to extend your stay under the Visa Waiver Program.  And I understand from my previous tour in London that the immigration folks are taking a very close look at those who have overstayed the VWP in the past. 
 
We’ve talked a little about U.S. passports, and a little about visas.  One of the areas when visa and nationality law intersect is with regard to intercountry adoptions.  Last year, over 23,000 foreign born children were adopted by American citizens.  The top two countries of origin for these kids are China and Russia.  I happened to work in Russia in the immigrant visa unit, which helps Americans adopt Russian kids and with the process of their immigrating the U.S. and it was one of the most rewarding and gratifying experiences of my life.  The logistics for the adopting parents can be quite complex, and involve two different federal agencies – namely the Department of Homeland Security’s U.S. Citizenship and Immigration Services and the Department of State.  At the State Department, we are very strong proponents of international adoption and urge countries to become members of an international convention on this subject that protects the rights of the children and prospective adopting families.  We do all we can to encourage countries to make orphaned children available for international adoption, as it is our strongly held believe that a family environment is always preferable to an institutional one for a child. 
On the logistics side, there are two different legal ways to bring a foreign adopted child into the United States.  First, you can petition to have a child obtain permanent resident status as a relative if the child has resided with you for two years and you are the primary caregiver.  The other way also begins with USCIS, and in this case you file what’s called an I-600 petition if you adopt or intend to adopt a child.  These petitions are the first step in the immigrant visa application process.  Embassies and consulates overseas process the visa applications.  Under U.S. law, a child adopted by an American citizen does not automatically become a U.S. citizen.  The child must first qualify to immigrate to the U.S.  If the immigrant visa is issued, the Child Citizenship Act of 2000 essentially confers U.S. citizenship to the adopted child once he or she has landed in the U.S. and has been granted permanent resident status by an immigration inspector.  The parents are basically able to submit a passport application for an adopted child as soon as they arrive in the U.S. 
It is absolutely essential that you remember that the word “child” is strictly defined under U.S. immigration law and generally means someone under the age of 16.  We also recommend that you consult the State Department’s website regarding country-specific adoption regulations and requirements. 
And for those American citizens who reside permanently abroad with an adopted child, there is a special procedure under which it is possible to file for the naturalization of your child – you have to travel to the U.S. to accomplish this. 
This is a lot of information to absorb on a number of complex topics.  I appreciate your attention and will be happy to take your questions.