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Current Visa Sanctions: Cambodia, Guinea, Eritrea, Sierra Leone, Plus The Gambia #INA243(d)

Posted: 1:38 am ET

 

We previously blogged about visa sanctions in January 2017 for countries who refused to accept their deported nationals (see On Invocation of Visa Sanctions For Countries Unwilling to Accept Their Deported Nationals. Also read @StateDept Notifies Foreign Countries of New Information Sharing Standards Required For U.S. Travel.

Note that the Trump Executive Order: Enhancing Public Safety in the Interior of the United States include section 12 on countries who refused to accepted their nationals who are subject to removal by the United States:

Sec. 12.  Recalcitrant Countries.  The Secretary of Homeland Security and the Secretary of State shall cooperate to effectively implement the sanctions provided by section 243(d) of the INA (8 U.S.C. 1253(d)), as appropriate.  The Secretary of State shall, to the maximum extent permitted by law, ensure that diplomatic efforts and negotiations with foreign states include as a condition precedent the acceptance by those foreign states of their nationals who are subject to removal from the United States.

Read more: U.S. to Invoke Visa Sanctions For Four Countries Unwilling to Accept Deported Nationals

On September 12, the State Department released an update of its FAM guidance 9 FAM 601.12 on the “Discontinuation of Visa Issuance Under INA 243 (D).   Per 9 FAM 601.12-2(C), the following countries are currently subject to discontinuation of visa issuance under INA 243(d): Cambodia, The Gambia, Guinea, Eritrea, and Sierra Leone.

Kevin Brosnahan, the spokesperson for the Department’s Bureau of Consular Affairs released the following statement:

The Secretary of State has ordered consular officers in Eritrea, Guinea, Sierra Leone, and Cambodia to implement visa restrictions effective September 13, 2017. The Secretary determined the categories of visa applicants subject to these restrictions on a country-by-country basis. Consular operations at the U.S. embassy will continue. These visa restrictions do not affect other consular services provided, including adjudication of applications from individuals not covered by the suspension.

The Department of State received notification under Section 243(d) of the Immigration and Nationality Act from the Department of Homeland Security for Eritrea, Guinea, Sierra Leone, and Cambodia. According to that section of the law, when a country denies or unreasonably delays accepting one of its nationals, the Secretary of Homeland Security may notify the Secretary of State. The Secretary must then order consular officers in that country to discontinue issuance of any or all visas.   The Secretary determines the categories of applicants subject to the visa restrictions.

via travel.state.gov

Below are the four countries, in addition to The Gambia that are currently under visa sanctions/restrictions. With the exception of  Eritrea where the sanctions affect “Eritrean citizens, subjects, nationals, and residents,” the restrictions for the other countries are currently directed at government officials and their families.

CAMBODIA (see full notice here)

As of September 13, the U.S. Embassy in Phnom Penh, Cambodia has discontinued issuing B1, B2, and B1/B2 visas for Cambodian Ministry of Foreign Affairs employees, with the rank of Director General and above, and their families, with limited exceptions.

Under Section 243(d) of the Immigration and Nationality Act, when so requested by the Secretary of Homeland Security due to a particular country’s refusal to accept or unreasonably delay the return of its nationals, the Secretary of State must order consular officers to suspend issuing visas until informed by the Secretary of Homeland Security that the country in question has accepted the individuals.

GUINEA (see full notice here)

As of September 13, the U.S. Embassy in Conakry, Guinea has discontinued issuing B, F, J, and M visas to Guinean government officials and their immediate family members, with limited exceptions.

ERITREA (see full notice here)

As of September 13, 2017, the United States Embassy in Asmara, Eritrea, under instructions from the Secretary of State, has discontinued the issuance of non immigrant visas for business or pleasure (B1/B2) to Eritrean citizens, subjects, nationals, and residents. The Department of State may make exceptions for travel that is in the U.S. national interest, for emergency or humanitarian travel, and other limited exceptions.

SIERRA LEONE (see full notice here)

On Wednesday, September 13, the United States Embassy in Freetown, Sierra Leone will discontinue the issuance of B visas (temporary visitors for business or pleasure) to Ministry of Foreign Affairs officials and immigration officials.

Consular operations at the U.S. embassy or consulate will continue.  These visa restrictions do not affect other consular services provided, including adjudication of applications from individuals not covered by the suspension.

THE GAMBIA (see announcement here)

The sanctions placed on The Gambia occurred last year. As of October 1, 2016, the United States Embassy in Banjul, The Gambia discontinued issuing visas to Gambian government officials, others associated with the government, and their families.  The announcement says that the Department may make exceptions for travel based on U.S. international obligations and to advance humanitarian and other U.S. government interests.

Per  FAM 601.12-3(C) (a) Public Notice of Discontinuation of Visa Issuance:  During the period of discontinuation, posts should continue receiving and adjudicating cases; however, posts should explain the discontinuation of visas to all applicants covered by the order.  The explanation should note that visas cannot generally be issued for certain visa classifications or categories of applicants as determined by the Secretary’s order, and explain that visa fees will not be refunded, but that the cases will be reviewed again once visa issuance resumes.  The notification may be provided by flyers posted in the consular section and/or on the post’s website.

All the above notices are posted under the “News/Events” section of the embassies’ websites, which is understandable, but that is also not the section that visa applicants would first look when searching for visa information. One post did not include the information on non-refundable fees.

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Tillerson’s @StateDept Conducts First Large Scale Evacuation of U.S. Citizens #StMaarten

Posted: 6:21 am ET

 

The U.S. Embassy in Haiti was initially placed on  authorized voluntary departure for non-emergency staff and family members due to Hurricane Irma on Tuesday, September 5. By the time the Travel Warning went up, the language changed to authorized departure for U.S. government employees and their family members (see U.S. Embassy Haiti Now on ‘Authorized Departure’ For Employees/Family Members #HurricaneIrma (Updated) Embassy Dominican Republic Now on ‘Authorized Departure’ For Employees/Family Members #Irma.  U.S. Embassy Cuba Now on ‘Authorized Departure’ For Employees/Family Members #IrmaU.S. Embassy Bahamas Now on ‘Ordered Departure’ For “Non-Essential” Staff/Family Members #Irma).  We were aware of two chartered flights announced – one from Santo Domingo which departed on 9/6, and one from Nassau which departed on 9/7.

As far as we are aware, neither Secretary Tilleron nor his inner circle has done evacuations previously. The office that typically would oversee evacuations, funding, logistics, etc. is the under secretary for management, a position that has remained vacant (the announced nominee will have his confirmation hearing tomorrow, 9/12).

On September 8, CBS News reported on criticisms over the evacuation efforts of the State Department, the first evacuation involving private Americans. As of Saturday evening, 1,200 Americans had reportedly been rescued from St. Maarten but media reports say nearly 5,000 Americans still remain at St. Maarten after Irma.

Four diplomatic posts are currently being evacuated, although progress to help Americans on the ground has been slow. Veterans of the department say that a task force could have helped manage the disaster. A task force was only set up Friday morning, days after Irma hit portions of the Caribbean. While the State Department says that is consistent with previous practice, criticism has still come to the fore.
[…]
As of Saturday afternoon, the State Department had coordinated with the Department of Defense to assist over 500 American citizens with air evacuations from St. Martin, beginning with those needing urgent medical care. As of Saturday evening, 1,200 Americans had been rescued from St. Martin/St. Maarten, according to the U.S. State Department.

The latest from U.S. Consulate General Curacao (Sitrep #6) as follows (note that there is no consular post in St. Maarten, which is under the consular district of Curacao, but located in a separate island, see map here):

The Department of State is working with the Department of Defense to continue evacuation flights on September 11. U.S. citizens desiring to leave should proceed to the airport to arrive by noon on Monday carrying their U.S. passport or other proof of U.S. citizenship and identity. Passengers may be allowed carry on one small bag. Medications and any other essential items should be carried on your person. Note, passengers arriving at St Maarten Airport should expect long wait times. There is no running water at the airport and very limited shelter.

The Department of State has received information that Royal Caribbean Cruise Line ship near the port of Sint Maarten has departed. Contact the cruise line directly with any questions at stormhelp@rccl.com.

U.S. citizens in need of evacuation on Sint Maarten should shelter in place until Monday, listen to 101.1 FM radio for updates.

U.S. citizens in Dutch St. Maarten, Anguilla, Aruba, Bonaire, Curacao, Saba, or St. Eustatius are asked to visit Task Force Alert: https://tfa.state.gov/ and select “2017 Hurricane Irma.”

U.S. Citizens in French St. Martin are asked to contact U.S. Embassy Bridgetown in Barbados: https://bb.usembassy.gov/news-events/  or direct link here: https://bb.usembassy.gov/emergency-message-u-s-citizens-british-virgin-islands-assistance-aftermath-hurricane-irma/.

AND NOW THIS —

U.S. Embassy Bahamas Now on ‘Ordered Departure’ For “Non-Essential” Staff/Family Members #Irma

Posted: 3:36 pm PT
Updated: 8:08 pm PT

 

Following the ‘authorized departure’ orders for the U.S. Embassies in Haiti, the Dominican Republic, and Cuba, the State Department has now placed the “non-essential” personnel and family members of the U.S. Embassy in Nassau, The Bahamas on ‘ordered departure.’ That is mandatory evacuation for those considered non-emergency personnel and family members.  We understand that “non-emergency” is the preferred term but it looks like the “non-essential” terminology is still in use by the State Department.

The Department of State recommends U.S. citizens avoid all travel to The Bahamas and Turks and Caicos Islands due to Hurricane Irma, a category 5 storm. On September 6, the Department ordered the departure of non-essential U.S. government employees and their family members due to Hurricane Irma.

A Hurricane Warning has been issued for Turks and Caicos and southeastern Bahamas. A Hurricane Watch has been issued for the Central Bahamas. Storm conditions are expected to reach the southern Bahamas by September 7 and Nassau by September 8. U.S. citizens residing and traveling in coastal areas in this region should be alert to flooding.

We recommend U.S. citizens depart The Bahamas and Turks and Caicos Islands if possible and work with commercial air carriers to leave prior to the arrival of the hurricane. Airports will close once conditions deteriorate and safe travel will not be possible, expected sometime on September 8. We recommend those citizens who are unable to depart to shelter in place in a secure location.

Travelers should apprise family and friends in the United States of their whereabouts, and keep in close contact with their tour operator, hotel staff, and local officials for evacuation instructions. Travelers should also protect their travel and identity documents against loss or damage, as the need to replace lost documentation could hamper or delay return to the United States.

Read in full here.

Meanwhile, the US Embassy in the Dominican Republic, approved for “authorized departure” yesterday has a charter flight departing Santo Domingo today.

Seats remain available for U.S. citizens wishing to depart from Santo Domingo. A charter flight will depart from Aeropuerto Las Americas in Santo Domingo mid-afternoon on September 6th. American citizens wishing to travel on this flight must contact the embassy at SDOAmericans@state.gov. Seats will be available on a first come, first served basis, but all passengers are required to meet certain conditions.

Read more here.

The US Embassy in Kingston, Jamaica on its Security Message notes that Category 5 Hurricane Irma is affecting the Leeward Islands in the Caribbean but said that while there are currently no coastal watches or warnings in effect for Jamaica or the Cayman Islands, the National Hurricane Center forecasts that Irma will remain a powerful storm throughout the week.

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All U.S. Passports Invalid for Travel to North Korea Without Special Validation Effective 9/1/17

Posted: 11:37 am PT

 

On July 21, the Department of State declared that all U.S. passports are invalid for travel to the Democratic People’s Republic of Korea (North Korea) unless the travel meets certain criteria.

The Department of State has determined that the serious risk to United States nationals of arrest and long-term detention represents imminent danger to the physical safety of United States nationals traveling to and within the Democratic People’s Republic of Korea (DPRK), within the meaning of 22 CFR 51.63(a)(3). Therefore, pursuant to the authority of 22 U.S.C. 211a and Executive Order 11295 (31 FR 10603), and in accordance with 22 CFR 51.63(a)(3), all United States passports are declared invalid for travel to, in, or through the DPRK unless specially validated for such travel, as specified at 22 CFR 51.64. The restriction on travel to the DPRK shall be effective 30 days after publication of this Notice, and shall remain in effect for one year unless extended or sooner revoked by the Secretary of State.

The notice was published in the Federal Register on August 2, 2017.

photo from travel.state.gov

Per 22 CFR 51.63 Passports invalid for travel into or through restricted areas; 

(a) The Secretary may restrict the use of a passport for travel to or use in a country or area which the Secretary has determined is:

(1) A country with which the United States is at war; or

(2) A country or area where armed hostilities are in progress; or

(3) A country or area in which there is imminent danger to the public health or physical safety of United States travelers.

(b) Any determination made and restriction imposed under paragraph

(a) of this section, or any extension or revocation of the restriction, shall be published in the Federal Register.

Per 22 CFR 51.64 Special validation of passports for travel to restricted areas.

(a) A U.S. national may apply to the Department for a special validation of his or passport to permit its use for travel to, or use in, a restricted country or area. The application must be accompanied by evidence that the applicant falls within one of the categories in paragraph (c) of this section.

(b) The Department may grant a special validation if it determines that the validation is in the national interest of the United States.

(c) A special validation may be determined to be in the national interest if:

(1) The applicant is a professional reporter or journalist, the purpose of whose trip is to obtain, and make available to the public, information about the restricted area; or

(2) The applicant is a representative of the International Committee of the Red Cross or the American Red Cross traveling pursuant to an officially-sponsored Red Cross mission; or

(3) The applicant’s trip is justified by compelling humanitarian considerations; or

(4) The applicant’s request is otherwise in the national interest.

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U.S. to Invoke Visa Sanctions For Four Countries Unwilling to Accept Deported Nationals

Posted: 3:25 am ET

 

We previously blogged about visa sanctions in early 2017 for countries who refused to accept their deported nationals (see On Invocation of Visa Sanctions For Countries Unwilling to Accept Their Deported Nationals. Also read @StateDept Notifies Foreign Countries of New Information Sharing Standards Required For U.S. Travel.

Note that the Trump Executive Order: Enhancing Public Safety in the Interior of the United States include section 12 on countries who refused to accepted their nationals who are subject to removal by the United States:

Sec. 12.  Recalcitrant Countries.  The Secretary of Homeland Security and the Secretary of State shall cooperate to effectively implement the sanctions provided by section 243(d) of the INA (8 U.S.C. 1253(d)), as appropriate.  The Secretary of State shall, to the maximum extent permitted by law, ensure that diplomatic efforts and negotiations with foreign states include as a condition precedent the acceptance by those foreign states of their nationals who are subject to removal from the United States.

The Washington Times reported yesterday that the Trump administration has now triggered visa sanctions against four countries that have refused to take back citizens the U.S. is trying to deport. The State Department confirmed the move according to the reporter but declined to name the specific countries.  The Washington Times citing “sources who tracked the deliberations in recent weeks” said that the four countries are Cambodia, Eritrea, Guinea and Sierra Leone.

via travel.state.gov

 

Per 9 FAM. only one country, The Gambia, is currently subject to discontinuation of visa issuance under INA 243(d).  With these additional four countries, this could be the start of utilizing visa sanctions to force countries to accept their deported nationals.  There are potentially 85 countries that could be subject to a visa sanction based on their refusal or lack or cooperation in accepting their own nationals deported from the United States.

According to DHS, as of May 2, 2016, ICE has found that there were 23 countries considered recalcitrant, including: Afghanistan, Algeria, the People’s Republic of China, Cuba, Iran, Iraq, Libya, Somalia, and Zimbabwe.  DHS does not appear to have an updated public list or a full list online. In a July 2016 testimony, DHS also told Congress that within the last two fiscal years ICE has worked with the State Department to issue 17 Demarches to the following recalcitrant countries: Iraq, Algeria, Bangladesh, Cape Verde, Ivory Coast, Eritrea, The Gambia, Ghana, Guinea, Liberia, Mali, Mauritania, Niger, Sierra Leone, Senegal, Cuba and St. Lucia.

DHS noted in 2016 that ICE was closely monitoring an additional 62 countries with strained cooperation, but which were not deemed recalcitrant.

We expect that the State Department will make a formal statement as it updates its guidance to its consular officials. The FAM guidance also says that a Public Notice of Discontinuation of Visa Issuance may be provided by flyers posted in the consular section and/or on the post’s website:  

During the period of discontinuation, posts should continue receiving and adjudicating cases; however, posts should explain the discontinuation of visas to all applicants covered by the order.  The explanation should note that visas cannot generally be issued for certain visa classifications or categories of applicants as determined by the Secretary’s order, and explain that visa fees will not be refunded, but that the cases will be reviewed again once visa issuance resumes.  The notification may be provided by flyers posted in the consular section and/or on the post’s website.”

Note that INA 243(d) discontinuation of visa issuance pertains to the actual issuance, not to adjudication. That means consular sections will continue to charge visa fees, will continue to adjudicate visa applications, but they will suspend issuance of visas to qualified applicants. And there will be no refunds.  That sounds like a recipe for a PR disaster.

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U.S. Mission Russia to Suspend Nonimmigrant Visa Operations Starting August 23

Posted: 2:06 am ET

 

On August 21, U.S. Mission Russia announced that it is suspending nonimmigrant visa operations across Russia effective Wednesday, August 23.

As a result of the Russian government’s personnel cap imposed on the U.S. Mission, all nonimmigrant visa (NIV) operations across Russia will be suspended beginning August 23, 2017.  Visa operations will resume on a greatly reduced scale.  Beginning September 1, nonimmigrant visa interviews will be conducted only at the U.S. Embassy in Moscow.  NIV interviews at the U.S. Consulates in St. Petersburg, Yekaterinburg, and Vladivostok are suspended until further notice.  As of 0900 Moscow time Monday, August 21, the U.S. Mission will begin canceling current nonimmigrant visa appointments countrywide.  The NIV applicants who have their interviews canceled should call the number below to reschedule their interview at the U.S. Embassy in Moscow for a later date.  NIV applicants originally scheduled for an interview at the U.S. consulates in St. Petersburg, Yekaterinburg, and Vladivostok should call the number below if they wish to reschedule their interviews at the U.S. Embassy in Moscow.

The staffing changes will also affect the scheduling of some immigrant visa applicants.  Affected applicants will be contacted if there is a change as to the time and date of their interview.

The U.S. Embassy in Moscow and three consulates will continue to provide emergency and routine services to American citizens, although hours may change.  (For American Citizen Services hours, please check the U.S. Mission to Russia website at https://ru.usembassy.gov/u-s-citizen-services/acs-hours.)

US Mission Russia released a Fact Sheet also noting that the cancellation of visa interviews prior to September 1 is due to “planning for departures and staff reductions” that has already begun “in order to meet the Russian government’s September 1 deadline for the reduction of personnel.” It further notes that operation at reduced capacity will continue as long as its mission staffing levels are reduced.

As of August 21, the appointment visa wait times for U.S. Mission Russia for visitor visas are as follows: Moscow (85 calendar days), St. Pete (44 days), Vladivostok (2 days) and Yekaterinburg (59 days). When visa interviews resume at the US Embassy in Moscow on September 1, all visa interviews at the three constituents posts will remain suspended.

Foreign Minister Sergey Lavrov (via TASS) said that “the US authors of these decisions have plotted another attempt at stirring up resentment among Russian citizens regarding decisions by the Russian authorities.”

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Assistant Secretary for Consular Affairs Carl C. Risch Assumes Post

Posted: 12:14 pm PT

 

Related posts:

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@StateDept Suspends Its Visa Interview Waiver Program (IWP) Under E.O. 13780 #Brazil #Argentina

Posted: 4:24 am ET

 

On July 27, the State Department issued a redacted guidance citing changes from ALDAC 17 State 77174 on Interview Waivers. The new guidance reflects the suspension of the Interview Waiver Program (IWP) under Executive Order 13780 (E.O.). The suspension of the Interview Waiver Program (IWP) means that more visa applicants will require personal interviews.

Note that the State Department’s current hiring freeze remains in effect and includes Family Member Appointment (FMA) or Temporary Appointment jobs (also see Out in the Cold: How the Hiring Freeze Hiring Freeze is Affecting Family Member Employment). We are not quite at the end of the summer travel season so we can expect that that the visa wait time will start creeping up again.  Visa wait times for USCG Guangzhou is 13 days, US Embassy New Delhi is now 15 days, USCG Chengdu is 6-11 days, US Embassy Manila is 10-19 days, and US Embassy Havana is 21 days.  Appointment wait time for visitor visas at US Embassy Caracas is 999 days. Wait times can potentially get even worse next year with State projected to shrink by 2300 personnel, and if the hiring freeze is not lifted until the reorganization is concluded.

9 FAM 403.5 says that “Every alien seeking an NIV must apply in person and be interviewed by a consular officer unless a specific exception allows for waiver of the interview requirement.”

FAM 403.5-2  (U) INTERVIEW REQUIREMENT
(CT:VISA-415;   07-27-2017)

a. Unavailable   

b. (U) Every alien seeking an NIV must apply in person and be interviewed by a consular officer unless a specific exception allows for waiver of the interview requirement.

c.  Unavailable  

(1)  (U) Generally, all applicants who are at least 14 years of age and not more than 79 must be interviewed in person.

(2)  (U) The circumstances in which the consular officer may waive an interview for a nonimmigrant applicant are limited to the categories set out in section 222(h)(1)(A) and (B) of the INA.  See 9 FAM 403.5-4(A).  

(3)  (U) If you receive a compelling case that does not qualify for an interview waiver under one of these categories, but where an interview waiver appears warranted, you may forward a recommendation for waiver through your VO/F post liaison.

(4)  (U) If admissibility issues or national security concerns arise in the visa application process for applicants for whom the interview requirement has been waived, or for applicants under 14 and over 79, you must conduct a personal interview of the applicant.

d. (U) If none of the grounds in 9 FAM 403.5-4(B) below that mandate an in-person interview apply, any applicant (first-time or renewal) who is:

(1)  (U) Under 14 years of age; or

(2)  (U) Over 79 years of age

    is exempt from the requirement of a visa interview.

The “grounds” and “interview waiver criteria” under 9 FAM 403.5-4(B) only contains the following passage:

Eligibility for interview waiver does not automatically entitle any applicant to a waiver of the interview requirement.  You must interview any and all interview waiver-eligible applicants who you believe should be interviewed to more fully assess their eligibility or intentions, or those whom you are concerned may be from high-threat or high-fraud areas.  Review all source information and liaise with other agencies at post to remain aware of changing threat information. 

9 FAM 403.5-4(A)(1)  (U) Interview Waiver Categories
(CT:VISA-415;   07-27-2017)

a. (U) Waiver by Consular Officers:  

(U) You may waive the interview of any visa applicant who falls under one or more of the following categories  in (1)-(3) below and who satisfies the requirements of 9 FAM 403.5-4(B):

(1)  (U) Is within a class of nonimmigrants classifiable under the visa symbols A-1, A-2, C-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, NATO-6, or TECRO E-1 and who is seeking a visa in such classification;

(2)  (U) Is an applicant for a diplomatic or official visa as described in 22 CFR 41.26 or 22 CFR 41.27, respectively.

(3)  (U) Renewals in the same category within 12 months:

(a)  (U) Is applying for the same nonimmigrant visa classification not more than 12 months after the date on which the prior visa expired  (i.e., same visa class and same category (principal or derivative)); and

(b)  (U) Is applying in the consular district of his or her normal residence, unless otherwise prescribed in regulations that require an applicant to apply for a visa in the country of which such applicant is a national.

(i)      (U) For example, a B1/B2, L, or R visa holder who is seeking to renew his/her visa in the same category within 12 months of his/her last visa’s expiration date within the consular district of his/her normal residence qualifies for interview waiver for Renewals;

(ii)    (U) On the other hand, an H-1B visa holder applying for an L-1 visa, an E-2 spouse applying for a visa as an E-2 principal, or an F-2 visa holder applying for an F-1 visa all would need to appear for an interview.

(iii)    (U) The  adjudication may take place outside the 12-month window, as long as the application is made within12 months of the previous visa’s expiration date. The criteria for making an application are defined in 9 FAM 403.2

(c)   Special considerations for applications to renew Student and Exchange Visitor visas:

(i)     (U) Students (F and M applicants) are eligible for interview waiver , provided the applicant is re-applying to renew the same visa classification not more than 12 months after the date on which the prior visa expired and provided the applicant is renewing his or her visa either to: (a) continue participation in the same major course of study even if at a different institution; or (b) attend the same institution even if in a different major course of study.

(ii)    (U) Exchange visitor visas (i.e., J visas) may only be renewed  without an interview if the exchange visitor will continue participation in the same exchange visitor program, with the same Student and Exchange Visitor Information System (SEVIS) number from the previously issued visa.

(iii)    (U) You must verify that the applicant’s SEVIS record indicates a SEVIS status of “initial” or “active,” and should request an interview if you identify any discrepancies between the current and previous visa applications, or wish to interview the applicant for any other reason.

b.  (U) Waiver by Deputy Assistant Secretary for Visa Services  In unusual or emergent circumstances the Deputy Assistant Secretary for Visa Services may waive the interview requirement in individual cases after determining that such a waiver is necessary as a result of unusual or emergent circumstances.  If you believe waiver of the interview is necessary due to unusual or emergent circumstances, contact your VO/F post liaison

c.  (U) Waiver by the Secretary in individual cases when in the national interest: The Secretary of State may waive the interview requirement in individual cases after determining that such a waiver is in the national interest of the United States.  If you believe waiver of the interview would be in the national interest of the United States, but that applicant does not qualify for any other aforementioned waiver categories, contact your VO/F post liaison.

The new guidance also removed the IWP for Brazilian and Argentine applicants.

9 FAM 403.5-4(A)(3)  (U) Discontinued Interview Waiver Program Categories
(CT:VISA-415;   07-27-2017)

Effective immediately, posts must require an interview for the following categories of individuals that had previously been covered by the IWP (unless the applicant also falls in an interview waiver category described in 9 FAM 403.5-4(A)(1)):

  • (1)  (U) Any applicant whose visa expired more than 12 months, and not more than 48 months, prior to the date of application;
  • (2)  (U) Any first-time Brazilian applicant aged 14 or 15 or between 66 and 79;
  • (3)  (U) Any first-time Argentine applicant aged 14 or 15 or between 66 and 79.

 

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Sen. Menendez Asks the Consular Affairs Nominee the Questions Y’All Wanna Ask

Posted: 1:26 pm PT

 

The Trump nominee to be Assistant Secretary of State for Consular Affairs appeared before the Senate Foreign Relations Committee yesterday (see July 18 SFRC Hearing: Carl Risch to be Assistant Secretary for Consular Affairs). There were four nominees during the hour and a half hearing chaired by Senator Ron Johnson, so basically 22.5 minutes for each nominee although the CT and CA nominees got most of the more substantial questions.

(click image to see the video)

Senator Robert Menendez (D-NJ) reminded Mr. Risch of his old congressional testimony advocating for the transfer of visa function to DHS in 2002 (see Ex-FSO Who Once Advocated Moving Visas to DHS May be the Next Asst Secretary For Consular Affairs). The exchange between Menendez and Risch starts at 00:45:50 via C-SPAN video here.

Senator Menendez started by congratulating all the nominees then quoted from Mr. Risch’s old testimony: “Congratulations to all of you. Mr. Risch in 2007 you appeared before the House Subcommittee on Government Reform. In a hearing, you said during my tenure as unit chief I adjudicated approximately 25,000 visa applications. I resigned in May of 2002 even though I received top evaluation and a challenging assignment. While I longed to return to my private practice, I was discouraged by the State Department’s lack of dedication to the enforcement of laws. I took my job very seriously. The State Department did not.”

Senator Menendez then asked: “Do you believe the State Department isn’t  committed to rule of law and national security of the United States?”

Mr. Risch’s response:

“Thank you senator, for the question and for the opportunity to address that testimony. The testimony was in 2002, not in 2007. It was 15 years ago that that testimony took place. It was during the time that the Department of Homeland Security was just being stood up. I believe a lot has changed at the State Department in 15 years. I’m enthusiastic about the future the way the bureau will be fulfilling its function with interagency cooperation, continuous vetting.”

Senator Menendez did not let him off the hook and asked again, “Do you believe the State Department is committed to the rule of law and the national security of the United States?”

Mr. Risch responded, Currently senator, I absolutely do.”

The NJ senator started talking about refugee and migration issues then asked Mr. Risch, “So do you believe that the Department of Homeland Security, which is notoriously bloated with a whole host of dysfunctional components, should be responsible still to have the visa, the very essence of the department you’re being nominated to, to be transferred to the Department of Homeland Security?”

Mr. Risch’s response:

“Well, 15 years ago, senator, I stand behind my testimony. It was a completely different time. And there were a lot of talk about consolidating different things into the Department of Homeland Security. Currently, I watched the Deputy Secretary testify yesterday that it’s currently not the intent of the Department of State —”

This is in reference to Deputy Secretary Sullivan’s testimony from Monday, at the same panel, about State not having an intention to transfer the consular function to DHS.  Senator Menendez cut him off saying “I’m not asking what their intent, I’m asking your view. You’re nominated for this position.”

This is Mr. Risch’s response:

“My view is I would … I follow the leadership of Department of State if confirmed. But as of today, I intend to lead the Bureau of Consular Affairs as it is currently formed. I believe that I will be, if confirmed a strong leader of all functions of the consular bureau including the visa function.” 

 

 

 

There’s something about Mr. Risch’s response that’s not very comforting to our ears. You, too? Maybe it’s the use of the word “currently” as “at the present time,” as in “now.” Maybe, that’s just his favorite word. Maybe it indicates that he does not have a solid view about a U.S. Government agency’s commitment to the rule of law and national security of this country.

To the question about his belief whether the State Department is committed to the rule of law and national security of the United States, Mr. Risch responded with “I absolutely do,” but he prefaced that response with “currently.” He used the same word when talking about the intent of the State Department, and in describing the bureau he is nominated to lead.

The use of the word “currently” implies that things might change. Does he know something we don’t? What he believes now, may not be what he believes next month, or next year. If the White House decides to move the visa function to DHS, and the State Department’s intent changes, Mr. Risch will “follow the leadership” at State. Then he will be back in the Senate to explain, “Currently, the State Department believe it is best to …”

For what it’s worth, we asked somebody who previously worked with Mr. Risch at an overseas post and the one feedback we got though brief was complimentary.

Mr. Risch’s prepared testimony is available here (pdf).

If confirmed, Mr. Risch would succeed career diplomat Michele Thoren Bond who served as Assistant Secretary for Consular Affairs from 2015-2017.

Below is a brief summary of the position and the previous appointees to this office via history.state.gov:

Assistant Secretaries of State for Consular Affairs

The Immigration and Nationality Act of 1952 (Jun 27, 1952; P.L. 82-414; 66 Stat. 174) established within the Department of State a Bureau of Security and Consular Affairs, headed by an Administrator with rank equal to that of an Assistant Secretary. From Mar 1 to Dec 30, 1954, the Bureau was renamed “Inspection, Security, and Consular Affairs.” From 1953 to 1962, the Secretary of State designated incumbents to this position. The Migration and Refugee Assistance Act of 1962 (Jun 28, 1962; P.L. 87-510; 76 Stat. 123) made the Administrator a Presidential appointee subject to the advice and consent of the Senate. In 1962, the Department transferred the security function to the Deputy Under Secretary for Administration, but the title remained unchanged until 1977, when the Foreign Relations Authorization Act for Fiscal Year 1978 (Aug 17, 1977; P.L. 95-105; 91 Stat. 847) changed the Administrator’s title to “Assistant Secretary of State for Consular Affairs.” This title has been given in full in all subsequent commissions to this office.

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@StateDept Withdraws Proposed Rule For Adoption Accreditation Requirements #HagueConvention

Posted: 4:05 am ET

 

Last year, the State Department proposed to amend the requirements for accreditation of agencies and approval of persons to provide adoption services in intercountry adoption cases. See below:

The Department of State (the Department) proposes to amend requirements for accreditation of agencies and approval of persons to provide adoption services in intercountry adoption cases. The proposed rule includes a new subpart establishing parameters for U.S. accrediting entities to authorize adoption service providers who have received accreditation or approval to provide adoption services in countries designated by the Secretary, which will be known as “country-specific authorization” (CSA). Adoption service providers will only be permitted to act as primary providers in a CSA-designated country if they have received CSA for that particular country. The proposed rule also strengthens certain standards for accreditation and approval, including those related to fees and the use of foreign providers. In addition, the proposed rule enhances standards related to preparation of prospective adoptive parents so that they receive more training related to the most common challenges faced by adoptive families, and are better prepared for the needs of the specific child they are adopting. These proposed changes are intended to align the preparation of prospective adoptive parents with the current demographics of children immigrating to the United States through intercountry adoption. Finally, the proposed rule makes the mechanism to submit complaints about adoption service providers available to complainants even if they have not first addressed their complaint directly with the adoption service provider.

You can read more on why the Secretary of State proposed to change this rule here.  In April, the State Department withdrew the proposed rule with the following brief notice:

The Department of State (Department) published a notice of proposed rulemaking (NPRM) on September 8, 2016, proposing to amend its regulations implementing the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption and the Intercountry Adoption Act of 2000. 81 FR 62322. The Department hereby withdraws that action. The comments provided in response to the NPRM will be considered in drafting a new rule, which is expected to be published later this year.

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