US Embassies and Consulates are staffed with Foreign Service Officers who are responsible for visa processing. The Foreign Affairs Manual (“FAM”) and associated Handbooks (FAHs) are “a single, comprehensive, and authoritative source for the Department's organization structures, policies, and procedures that govern the operations of the State Department, the Foreign Service and, when applicable, other federal agencies.” The FAM contains general policy, whilst the FAH outlines procedures. In unison, the FAM and FAH provide codified information to officers and local staff to carry out their duties “in accordance with statutory, executive and Department mandates.”

Recently, 9 FAM 403.2-4(C) which refers to visa applicants who are neither residents, nor physically present in a consular district, was updated. The September 13, 2022, update specifically notes that at the time an applicant mails in an application for visa processing, they must be physically present in the country they are seeking to process their visa application. The only exception is in the case of diplomatic type visas. Officers are instructed that “the provisions of 22 CFR 41.101(a) preclude acceptance or processing of an NIV application when the applicant is neither a resident of nor physically present in the consular district at the time of application.” The bottom line is that if applicants are not physically present in the country they are seeking to have their visa processed at the time they mail in the application, the application will be rejected.