Snapshot: 3 FAM 1217 Participation of Spouse (in Representational, Charitable, or Social Activities)

 

“Unless working as an employee or contractor, participation of a spouse in the work of a post is a voluntary act of a private person, not a legal obligation which can be imposed by any Foreign Service officer (FSO) or spouse. Nonparticipation of a spouse in representational, charitable, or social activities in no way reflects on the employees effectiveness on the job.”

Cite: 3 FAM 1217
(CT:PER-924;   09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees Only)

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Diplomatic Security Memorial: Ten U.S. Embassy Kabul Guards Killed in Truck Bomb #OTD #2017

 

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U.S. Embassy Honduras Cancels Routine Services For June 3-7 After Protesters Torch Access Gate

 

Protesters in Honduras set the access gate to the U.S. Embassy in Tegucigalpa on fire with tires doused with fuel according to Reuters. The report says that “the protesters chanted “American trash, American trash” outside the embassy, which was not being guarded at the time.”

CNN notes that “the fire was extinguished by mid-afternoon, and a State Department spokesperson later said no embassy personnel were injured in the incident.”

The U.S. Embassy was not being guarded at the time of the protest?

As of 1 am EST, we have not been able to find an official statement from Foggy Bottom. US Embassy Honduras CDA Heide Fulton did release a statement (see below) and announced the suspension of routine consular services for next week due to the fire damage.

Confirmations: Ambassadors, FS Lists, and @USAID Nominees

 

The following State Department and USAID nominees were confirmed by the full Senate on May 23, 2019.

AMBASSADORS

2019-05-23 PN598 MACEDONIA | Kate Marie Byrnes, of Florida, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of North Macedonia.

2019-05-23 PN122 ECUADOR | Michael J. Fitzpatrick, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Ecuador.

2019-05-23 PN520 SLOVAK REPUBLIC | Bridget A. Brink, of Michigan, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Slovak Republic.

2019-05-23 PN521 ACBO VERDE | John Jefferson Daigle, of Louisiana, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Cabo Verde.

2019-05-23 PN522 TURKMENISTAN | Matthew S. Klimow, of New York, a Career Member of the Senior Executive Service, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Turkmenistan.

2019-05-23 PN126 ICELAND | Jeffrey Ross Gunter, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Iceland.

2019-05-23 PN124 OSCE | James S. Gilmore, of Virginia, to be U.S. Representative to the Organization for Security and Cooperation in Europe, with the rank of Ambassador.

 

FOREIGN SERVICE LISTS

2019-05-23 PN519 Foreign Service  | Nominations beginning Kenneth H. Merten, and ending Kevin M. Whitaker, which 7 nominations were received by the Senate and appeared in the Congressional Record on March 25, 2019.

2019-05-23 PN604 Foreign Service  | Nomination for Lisa Anne Rigoli, which nomination was received by the Senate and appeared in the Congressional Record on April 10, 2019.

2019-05-23 PN607 Foreign Service | Nominations beginning Timothy Ryan Harrison, and ending Rachel Lynne Vanderberg, which 5 nominations were received by the Senate and appeared in the Congressional Record on April 10, 2019.

 

USAID

2019-05-23 PN101  | Richard C. Parker, of North Carolina, to be an Assistant Administrator of the United States Agency for International Development.

2019-05-23 PN105 | John Barsa, of Florida, to be an Assistant Administrator of the United States Agency for International Development.

 

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U.S. Ambassador to Israel Hosts #GameofThrones Party as Chained Dragon

 

 

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American Diplomatic Posts Commemorate Memorial Day 2019

 

U.S. Mission Iraq Gets a New Ambassador After Mandatory Evacuation of Non-Emergency Personnel

 

 

On May 16, the day after the State Department ordered the departure of non-emergency U.S. Government employees from Iraq, both at the U.S. Embassy in Baghdad and the U.S. Consulate in Erbil, the U.S. Senate confirmed the nomination of Ambassador Matthew Tueller as the next Ambassador to Iraq. State  also issued a new Level 4 Do Not Travel advisory for Iraq due to “due to terrorism, kidnapping, and armed conflict.”

We could not recall Mission Iraq  ever going on “ordered departure” (mandatory evacuation).  On June 15, 2014, the State Department went on partial “temporary relocation” of USG personnel from Embassy Baghdad to Basrah, Erbil and Amman, Jordan (see US Mission Iraq: Now on Partial “Temporary Relocation” To Basra, Erbil & Amman (Jordan).  In August 2014, it relocated additional Baghdad/Erbil Staff to Basrah and Amman (Jordan). Note that these “temporary relocations” occurred around the targeted airstrikes against Islamic State of Iraq and the Levant (ISIL) terrorists. The State Department went out of its way to avoid the use of the words “authorized departure”, “ordered departure” or for that matter “mandatory evacuation” in describing the movement of its staff that summer.  In September 2018, there was a Mandatory Evacuation For US Consulate General Basrah but limited to Southern Iraq.

As recently as March 31, 2019, in the LEAD IG REPORT TO THE U.S. CONGRESS says:

USCENTCOM reported to the DoD OIG that Iranian activity in Iraq has not changed from last quarter.404 Iranian-backed groups continue to monitor Coalition operations, personnel, and facilities, publish false or misleading stories about Coalition activity in the media, and, through allies within the Iraqi Council of Representatives, support legislation to compel the withdrawal of U.S. forces from Iraq.405 CJTF-OIR reported that Iran and Iran-backed groups prefer to try to diminish U.S. and Coalition presence in Iraq through soft power means rather than through direct military confrontation.406

404. USCENTCOM, response to DoD OIG request for information, 3/26/2019.
405. CJTF-OIR, response to DoD OIG request for information, 3/26/2019.
406. USCENTCOM, response to DoD OIG request for information, 3/25/2019

 

U.S. Senate Confirms Matthew Tueller as U.S. Ambassador to Iraq

 

 

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U.S. Embassy Vienna Partners With McDonald’s to Assist U.S. Citizens in Need, Cue the McJokes

U.S. Embassy Vienna Partners With McDonald’s to Assist U.S. Citizens in Need, Cue the McJokes

 

 

 

The Consular Section of the U.S. Embassy in Vienna (@usembvienna) announced on FB that the U.S. Ambassador to Austria Trevor D. Traina signed a Memorandum of Agreement with McDonald’s Austria that would allow the Golden Arches to assist Americans in need. McDonald’s staff will reportedly assist Americans in distress if they need consular assistance but have no way to contact the U.S. Embassy.

It looks like this FB post is actually their most popular one with over 200 comments though with varied reactions from the public.

“Come on! It sounds so ridiculous!”

“Great idea!”

“Happy meal for the distressed Americans in Austria 🍔

“One McPassport to go, please”

“Can I get uh….. a… diplomatic assistance meal please?”

“Would you like to supersize your passport? “

“I will have small coffee, egg mcmuffin and a passport, on the side please”

“The land of the fries and the home of Big Mac.”

“Can you help me find the McEmbassy?”

“As a U.S. citizen, I find it odd that this seems to be an endorsement for a specific corporation.”

One commenter asked if “this in lieu of a staffed embassy?” and US Embassy Vienna set that right with “Certainly not. Our Embassy is fully staffed and ready to assist American citizens in need. This partnership is only one extra way for Americans to connect to the Embassy when they are in an emergency situation.”

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Visa Refusals Under INA §212(a)(4) For “Public Charge” Spiked in FY2018

In an April 24, 2019 meeting between the the Department of State and  the American Immigration Lawyers Association (AILA), the group asked the State Department/s Consular Affairs bureau about the public charge refusals for visa applicants.

AILA: Based on data provided by the Department of State, it appears that there were four times as many §212(a)(4) refusals in 2018 as compared to 2017. However, approximately the same proportion of initial refusals were overcome in both years. Thus, it appears that the total number of applicants unable to overcome the initial refusal rose significantly in 2018. Please confirm: a. Aside from guidance provided in the FAM, has State issued new or additional guidance in 2018 concerning how consular officers should evaluate eligibility under §212(a)(4)?

DOS: State hosted a series of webinars in 2018 and 2019 for consular officers reviewing the update to public charge eligibility, but other than the FAM update in 2018, there has been no additional formal guidance released on how to evaluate eligibility under §212(a)(4). b.

Visa applicants need to satisfy this provision of law by demonstrating proof of adequate financial support in the United States. A visa refusal, or ineligibility, under section 212(a)(4) of the INA means that the consular officer determined that the applicant is  likely to become a public charge in the United States. Public charge means that the consular officer determined that the applicant is  likely to become primarily dependent on the U.S. government for your existence and financial support in the United States. Most immigrant visa applicants are required to submit an Affidavit of Support (Form I-864, I-864A, I-864W, or I-864EZ, as applicable) from the U.S. sponsors who filed petitions for them. Some categories of immigrant visa applicants are not required to have Affidavits of Support. These are categories where no U.S. citizen or lawful permanent resident relative filed a petition on your behalf, including most employment-based immigrants and diversity visa (DV) applicants.

Below are the number of visa refusals under the public charge grounds for FY2017 and FY2018:

click on image to see larger view

click on image to see larger view

 

 

In January 2018, the Department released an unclassified cable 18 STATE 942 January 4, 2018 with an Update to 9 FAM 302.8 Public Charge – INA 212(A)(4): Excerpt below with the relevant section.

3. INA 212(a)(4)(B) continues to provide that officers must take into account the totality of the alien’s circumstances at the time of visa application, including, at a minimum: (a) age, (b) health, (c) family status, (d) assets, resources, financial status, and (e) education and skills. As revised, 9 FAM 302.8-2(B)(2) now includes detailed guidance to help officers assess these statutory factors when considering the totality of the applicant’s circumstances. For instance, 9 FAM 302.8-2(B)(2)(f)(1)(b)(i) provides that an officer may consider “past or current receipt of public assistance of any type” in determining whether an applicant is likely to become a public charge, although officers must make a determination based on the present circumstances. Consequently, an applicant’s current receipt of public assistance may not raise significant future concerns, based on the totality of circumstances. For example, if the applicant just completed an educational degree and received a credible job offer, the applicant’s education and skills might provide a sufficient basis to find that the applicant overcomes any public charge ineligibility concerns in spite of current lack of assets. Alternatively, an applicant’s past receipt of public assistance could be very significant: for example, if the applicant’s spouse was the family’s primary income earner, but recently died. In this case, the applicant’s recent change in family status and likely change in financial status would weigh heavily in considering the totality of the circumstances.

4. Additionally, 9 FAM 302.8-2(B)(3), paragraph b, as revised provides that a “properly filed and sufficient, non-fraudulent” Affidavit of Support by itself may not satisfy the INA 212(a)(4) public charge requirement. The Affidavit of Support requirement at INA 213A and the public charge ineligibility at INA 212(a)(4) are distinct requirements which, where both are applicable, must both be satisfied. Accordingly, a properly filed and sufficient Affidavit of Support is essential, but does not preclude denial on public charge grounds. Officers should consider such affidavits as one factor in the totality of the applicant’s circumstances, and, may find the applicant is likely to become a public charge if, for example, the applicant is in very poor health, is unable to work, and is likely to incur significant medical costs. Similarly, if an applicant does not clearly overcome public charge concerns but could with a joint sponsor, then a consular officer’s evaluation of the likelihood the joint sponsor would voluntarily meet his or her financial obligations toward the applicant becomes vital to the adjudication. See 9 FAM 302.8- 2(B)(3)(b)(1)(b). 5. The updated guidance at 9 FAM 302.8 is effective immediately.

 

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