State Dept/CBP Reportedly Announced Fix for Certain Applicants Ensnared By Visa Glitch

— Domani Spero
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The State Department’s Consular Consolidated Database has been having performance issues since July 19th. We have written about it in this blog (see State Dept Answers FAQ on Ongoing Visa and Passport Database Performance Issues and  State Dept’s Critical National Security Database Crashes, Melts Global Travelers’ Patience).

Last week, Greenberg Traurig posted on The National Law Review that the State Department and the U.S. Customs and Border Protection (CBP) have reportedly announced a fix for certain visa applicants affected by the technical glitch.

“DOS and CBP will, on a case-by-case basis, waive nonimmigrant visa (H-1B, L-1, O-1, etc.) requirements for admission into the United States. In particular, applicants whose U.S. travel involves an “emergency” (i.e., humanitarian travel and life-and-death situations) or impacts U.S. national interests may request consideration for special travel permission.”

The post further states that if “emergency” travel is approved, the embassy or consulate will issue a transportation letter for presentation to common carriers to allow boarding of international U.S.-bound flights. (See DOS and CBP Announce Fix for Certain Visa Applicants Who Are Experiencing Consular Delays Due to Recent Technical Challenges).

This information is nowhere to be found on the State Department’s website or on the Visa Section of travel.state.gov nor the FB page of the Bureau of Consular Affairs. No such announcement is made available from the CBP website.

An  August 10 update from U.S.-China Visa Law Blog includes the following details:

A nonimmigrant visa applicant whose U.S. travel is urgent because it either involves an “emergency” or impacts U.S. national interests, may request consideration for special travel permission to the United States if their visa issuance is delayed as a result CCD systems problems. “Emergencies” in this instance include urgent humanitarian travel and life-and-death situations. Upcoming business engagements and U.S. employment needs are “not typically considered humanitarian emergencies and likely will not be considered as such in most cases.”

If approved jointly by the State Department and U.S. Customs and Border Protection (CBP), the consular post that accepted the visa application will release the traveler’s passport and will issue a transportation letter, which can be presented to the airlines to allow boarding of international U.S.-bound flights. Upon arrival to a U.S. port of entry and presentation of the transportation letter, CBP will waive the nonimmigrant visa requirement for admission.

Read more:  An Computer Crash Hobbles U.S. Visa, Passport Operations in China (Aug. 10 Update).

It is, of course, just a coincidence that the two sources noting the transportation letter fix are both law firms working on immigration, right? 😉  CA bureau’s FB page does not have an August 8 or August 10 update that includes this information. If there was an announcement, are we to understand that it was done on limited distribution with the State/CBP telling lawyers about this but not releasing this guidance to the general public?

We must confess that we’ve made a mistake of asking for clarification about this from the press office of the Bureau of Consular Affairs.  It turns out that some  folks there are unable to answer “yes” or “no” questions and are only able to provide cut and paste “on background” information for recycled details already publicly available.

Don’t get us wrong. It certainly is impressive cut and paste skills, but we won’t help them recycle the canned info and add to the glut.

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