本文是本報記者就一美國教授著文批評美國大使館籤證處而採訪該籤證處處長白智禮先生(Charles Bennett)的摘要。
記:有的申請人反映,籤證官看都不看遞進的材料就拒籤,甚至再次申請時提交的新材料也不看就再次拒籤,這令申請人十分憤怒,您對此怎麼看?
白:我能理解他們的心情。但是,重要的一點請記住,申請籤證並不是一個「材料」過程,也就是說,除了必要的材料如護照、籤證申請表、籤證費收據和I-20表外,並沒有什麼其他材料能賦予申請人獲得籤證的資格。我們的籤證官受到的培訓是根據籤證申請表上所提供的信息、對籤證官提問的回答以及我們對申請人在中國狀況的理解而對其做出判斷。如果籤證官認為需要更多的材料才能做出決定,那可能會要你提供其他的材料。然而,我們鼓勵申請人去看我們的網站(www.usembassy-hina.org.cn)以便更多地了解面談時籤證官可能需要什麼種類的證明材料。對於學生,我們建議他們帶來成績單的複印件、錄取通知、有關經濟狀況的證明以及標準化考試成績(如託福、GRE等)。但是,籤證官常常不看這些證明就能做出決定。
記:每個申請人為面談都做了大量的準備工作,有的人還是從外地來到北京的,而三四分鐘的面談就決定了他們的命運,這不有點太草率了嗎?
白:我們其實很願意和每個申請人談得長一點,比如說半小時,一個小時,但目前我們每天要接待600人,平均每人也就是3-5分鐘。這真是很無奈的事情。如果我們有更多的時間,我們會做出更好、更準確的決定,說不定有更多人會被拒籤,我說不好,但會做出更好的決定。
雖說面談時間很短,我們還是很仔細的。眾所周知,去美國留學的學生在完成學業後回國的百分比很低,因此我們籤證官就有責任小心地裁定每份申請,確保每個申請人在得到籤證前完全符合籤證法的條款。
記:但是那些沒有回國的學生的籤證也是你們籤發的,這難道不說明你們在發放籤證時的判斷有誤嗎?
白:問得好。其他人也問過我們這個問題,你知道,我們的工作並不是預見某人未來會怎樣,一個人出國後會遇到很多事情,比如說,有的人戀愛了,結婚了,或是拿到學位後有了工作,我們的法律允許這些事情發生。我們知道,這些事情的發生往往不以他們的意志為轉移,也不以我們的意志為轉移。我們並不力圖洞察未來,如果國會要求我們那麼做,我們的工作難度會更大,你也會看到更多的人被拒籤。因此我們只是看申請人的現在,我們力圖確定申請人現在是不是想移民美國,還是打算畢業後回國。
記:坦率地說,您這個人挺和氣的,並非「機器人一般」,但申請人對某些籤證官可沒有好印象。
白:其實,我們的籤證官都是有家庭、有感情的人,說我們是「機器人」是不公道的。我們知道,中國學生赴美留學對中美兩國都有益處,因此我們願意為中國學生發放籤證。但我們又是政府官員,政府要求我們按美國的法律辦事。
今年三月,我們去了北大、清華、人大、南開、武漢大學和山東大學與大學生交談。我們之所以這樣做,就是想讓同學們能從我們這裡直接得到準確無誤的信息;再者,也是想讓人們知道我們不是那篇文章的作者所描述的「機器人」官員。我們是普通人,是想做好本職工作的人,就像你,像每個人一樣。我們的很多籤證官都是25-30歲的年輕人,比申請學生籤證的人大不了多少,我們不是躲起來只想說「不不不」的官僚。我們想讓將來有可能申請籤證的人們知道,我們是普通人,不必害怕我們。
我們的大使說過,對於很多中國人來說,去見籤證官可能是第一次與美國政府官員打交道。他們平時在報紙上和電視節目裡看到美國人,但對某些人來說這是第一次與美國人說話,也許是第一次與外國人說話。我常常對我的工作人員強調這一點,我告訴他們:「在大使館裡,你可能比別人更多地代表美國。」這也是為什麼當我知道有誰對待申請人態度不當,聽到誰的嗓門提高或是類似的事情,我都要認真對待,並且肯定要為此與他們談話。
J:Some applicants complain that officers don't at least scan the documents that they submit, even new documents, before they say no. This makes applicants very angry. What is your view?
B:I can understand their response. However, it is important to remember that applying for a US visa is not a documentary process, that is to say, there are no documents (other than certain required documents such as the passport, visa application form, visa receipt fee and I-20) which will qualify a person for a visa. Our officers are trained to evaluate visa applicants based on the information presented on the application form, the
answers provided to the officers' questions and our understanding of the applicants' situations in China. Additional documents may be asked for if the visa officer believes he or she needs more information to make a decision. However, we encourage all applicants to look at our website (www.usembassy-china.org.cn) to get more ideas as to what types of documentation a consular official may ask for during a visa interview. For students we recommend that each have a copy of his or her transcript, the
acceptance letter from the US school,documenta- tion regarding finances, and stan-dardized test scores (from the TOEFL, GRE, etc.). However, our visa officers can often make a final decision on a case without looking at these documents.
J:Every applicant prepares hard for the interview, and some applicants come from far outside Beijing, yet a 4-minute interview can decide their fate. Doesn't that seem rather rushed?
B:We would like to spend more time on each case - a half-hour,an hour - but at present we have to deal with 600 applicants every day, so on average each applicant gets 3-5 minutes. We just don't have any choice. If we had more time, we would make better, more accurate, decisions. Maybe there would be more refusals, I don't know, but the decisions would be better.
But though the time is short, we are very careful. It is generally known that a very low percentage of Chinese students who go to the US to study return to China at the completion of their degree programs. It is therefore incumbent upon our visa officers to adjudicate these cases carefully and ensure that each individual is in full compliance with the immigration laws before we issue a visa.
J:But the visas of those who haven't returned were also issued by the visa section. Doesn't that mean that your judgements were faulty when you issued them their visas?
B:That's a good point. Many other people have asked us about this. You know, our job is not to predict what's going to happen to somebody in the future. Many things happen to people who go overseas. For example, some fall in love and get married, or after getting a degree they are offered a job. Our law allows these things to happen. We recognize that things can happen to people that are beyond their control - and beyond our control. We don't try to read the future. If Congress wants us to do so, our job will be even more difficult and you'll see even more people being denied. So we try to look at a person right now: We try to determine right now if there is a plan or intention to emigrate to the US or an intention to return to China.
J:If I may speak frankly, you make a positive impression on me, friendly not「robotic」, but applicants do not have a good impression of some visa officers.
B:In fact, though, all of us officers have families and feelings. It is not fair to say we are「robotic」. We know that Chinese students going to America benefit both China and America, so we'd like to issue visas to Chinese students. But we are government officials, called upon to apply American law.
In March we went to Beida, Qinghua, Renda, Nankai, Wuhan University and Shandong University to talk to students. We did that because we wanted students to get good, accurate information directly from us. Another reason was to let people know that we are not「robotic」officials, as the author writes. We are people. We are human beings trying to do our job, just like you, like everybody. Many of our officers are also young people 25 to 30 years old, not too much older than the applicants. We are not bureaucrats hiding from people, trying to say no no no! We want to demonstrate to potential applicants that we are normal people, that there is no need to be scared of us.
The ambassador says that for many Chinese people, dealing with a visa officer may be their first personal encounter with US government officials. They read newspapers and watch TV, but this is the first time they've spoken to an American, perhaps to any foreigner for some people. I emphasize that to my staff. I tell them,「You perhaps more than anybody else in the embassy represent the United States.」That's why if I know anybody on my staff is not treating applicants properly, by hearing voices being raised, by hearing anything like that, I take it seriously and make sure to talk to them about it. (51232)