Former UK Ambassador to Uzbekistan Refused Clearance to Enter the U.S. Via Visa Waiver Program

Posted: 2:24 am ET
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We’ve featured a quote from him here in 2009 (Quote: I’m actually a bad man who happens to have a limit…).  Craig Murray was the British Ambassador to Uzbekistan from August 2002 to October 2004 and Rector of the University of Dundee from 2007 to 2010.  If you don’t remember him, The Guardian’s 2004 piece, The envoy who said too much, would refresh your memory. Quick excerpt with some of his quotable lines:

“There is no point in having cocktail-party relationships with a fascist regime.” He says he advocates a new style of ambassadorship, one that is more down to earth and less stuffy. “You don’t have to be a pompous old fart to be an ambassador.”
[…]
“I joined the Foreign Office, not a monastery,” Murray explains. “I have no intention of living like a monk – not that I have anything against monks. It has been put to me that this is perhaps not what ambassadors do…”
[…]
At the Foreign Office there are some who feel Murray should have drawn a line under his battle with London, quietly returning to work, stiff upper lip intact. One FCO official suggested in his correspondence with Murray, that the ambassador should have just called the abuses “horrid”, sat down, and then toed the line. Murray replied: “As you may know I have a slight speech impediment and cannot call anything ‘howwid’.”

On September 5, the former ambassador writes in his blog that he has been refused entry clearance to the U.S. under the visa waiver program:

I have been refused entry clearance to the USA to chair the presentation of the Sam Adams Award to CIA torture whistleblower John Kiriakou and to speak at the World Beyond War conference in Washington DC. Like millions of British passport holders I have frequently visited the USA before and never been refused entry clearance under the visa waiver programme.
[…]
It is worth noting that despite the highly critical things I have published about Putin, about civil liberties in Russia and the annexation of the Crimea, I have never been refused entry to Russia. The only two countries that have ever refused me entry clearance are Uzbekistan and the USA. What does that tell you?
[…]
I have no criminal record, no connection to drugs or terrorism, have a return ticket, hotel booking and sufficient funds. I have a passport from a visa waiver country and have visited the USA frquently before during 38 years and never overstayed.

Below from US Embassy London’s Visa Waiver page:

Citizens of the United Kingdom, Andorra, Australia, Austria, Belgium Brunei, Chile, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein,Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, Republic of Korea, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland and Taiwan (passport must have been issued on or after December 29, 2008 and contain a National ID number) holding a valid, full validity e-passport with an electronic chip who are traveling 

  • for business, pleasure or transit for less than 90 days. Visa-free travel does not include those who plan to study, work or remain in the United States for more than 90 days;
  • are not ineligible to receive a visa under U.S. visa law. Travelers who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP are not eligible to travel visa free under the Visa Waiver Program.

Plus, if entering the United States by air or sea are:

    • holding a return or onward ticket. If traveling on an electronic ticket, a copy of the itinerary must be carried for presentation to U.S. immigration at the port of entry. Note: Travelers with onward tickets terminating in Mexico, Canada, Bermuda or the Caribbean Islands must be legal permanent residents of these areas;
    • entering the United States aboard an air or sea carrier that has agreed to participate in the program. This includes aircraft of a U.S. corporation that has entered into an agreement with the Department of Homeland Security to carry passengers under the Visa Waiver Program. Note: Other private or official aircraft or vessels do not meet this requirement; and
    • have received travel authorization under ESTA;

 

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US Implements Visa Waiver Restrictions For Dual Nationals From Iran, Iraq, Sudan, and Syria

Posted: 6:09 pm EDT
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The ‘‘Consolidated Appropriations Act, 2016’’ which became Public Law No: 114-113 on December 18, 2015 includes a provision for “terrorist travel prevention and visa waiver program” officially called the ‘‘Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015’’.  The new law which affects dual nationals from WVP countries and Iran, Iraq, Sudan and Syria includes a waiver to be be exercised by the DHS secretary.  The new law also requires the Secretary of Homeland Security to submit to the Committee on Homeland Security, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate a report on each instance in which the Secretary exercised the waiver authority during the previous year.

On January 21, the State Department announced the implementation of the changes to the Visa Waiver Program. Below is the announcement:

The United States today began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act). U.S. Customs and Border Protection (CBP) welcomes more than a million passengers arriving to the United States every day and is committed to facilitating legitimate travel while maintaining the highest standards of security and border protection. Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the Visa Waiver Program (VWP):

  • Nationals of VWP countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country).
  • Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria.

These individuals will still be able to apply for a visa using the regular immigration process at our embassies or consulates. For those who need a U.S. visa for urgent business, medical, or humanitarian travel to the United States, U.S. embassies and consulates stand ready to process applications on an expedited basis.

Beginning January 21, 2016, travelers who currently have valid Electronic System for Travel Authorizations (ESTAs) and who have previously indicated holding dual nationality with one of the four countries listed above on their ESTA applications will have their current ESTAs revoked.

Under the new law, the Secretary of Homeland Security may waive these restrictions if he determines that such a waiver is in the law enforcement or national security interests of the United States. Such waivers will be granted only on a case-by-case basis. As a general matter, categories of travelers who may be eligible for a waiver include:

  • Individuals who traveled to Iran, Iraq, Sudan or Syria on behalf of international organizations, regional organizations, and sub-national governments on official duty;
  • Individuals who traveled to Iran, Iraq, Sudan or Syria on behalf of a humanitarian NGO on official duty;
  • Individuals who traveled to Iran, Iraq, Sudan or Syria as a journalist for reporting purposes;
  • Individuals who traveled to Iran for legitimate business-related purposes following the conclusion of the Joint Comprehensive Plan of Action (July 14, 2015); and
  • Individuals who have traveled to Iraq for legitimate business-related purposes.

Again, whether ESTA applicants will receive a waiver will be determined on a case-by-case basis, consistent with the terms of the law. In addition, we will continue to explore whether and how the waivers can be used for dual nationals of Iraq, Syria, Iran and Sudan.

Any traveler who receives notification that they are no longer eligible to travel under the VWP are still eligible to travel to the United States with a valid nonimmigrant visa issued by a U.S. embassy or consulate. Such travelers will be required to appear for an interview and obtain a visa in their passports at a U.S. embassy or consulate before traveling to the United States.

The new law does not ban travel to the United States, or admission into the United States, and the great majority of VWP travelers will not be affected by the legislation.

An updated ESTA application with additional questions is scheduled to be released in late February 2016 to address exceptions for diplomatic- and military-related travel provided for in the Act.

Information on visa applications can be found at travel.state.gov.

Current ESTA holders are encouraged to check their ESTA status prior to travel on CBP’s website at esta.cbp.dhs.gov.

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A couple days ago ….

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Burn Bag: Greece remains in the Visa Waiver Program. Why?

Via Burn Bag:

“Although Greece’s economy has imploded, and media now report on Syrians traveling to the Western Hemisphere on fraudulent Greek passports, Greece remains in the Visa Waiver Program.  There must be a reason for this.”

Whats-happening-GIF

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Related items:

 

 

Consular Affairs Bureau Seeks to Expand Visa Waiver and Interview Waiver Programs

— Domani Spero
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The State Department’s Assistant Secretary of State for Consular Affairs Janice Jacobs retired last April (see Asst Secretary for Consular Affairs Janice Jacobs to Retire Effective April 3).  As far as we know, no successor has been nominated to date.  Pardon me? You want ……..? And you want Overseas Citizens Services DAS Jim Pettit?  Excuse me, Mr. Pettit was already nominated as Ambassador to the Republic of Moldova.  Who else?  You want ……. ? Well, maybe State should have a list of nominees and have all CA employees vote for their next boss per the bureau’s Leadership Tenets. Because wouldn’t that be a screamingly fantastic experiment?

In any case, CA’s Principal Deputy Assistant Secretary Michele Bond has been the Acting A/S since April 2014.  This past June, at a hearing at the Senate Subcommittee on Tourism, Competitiveness and Innovation on  The State of U.S. Travel and Tourism Industry, Ms. Bond discussed how the bureau is meeting increasing demand for visas worldwide, particularly in  Brazil, India, Mexico and China (see prepared statement). Stressing that the State Department’s  “top priority in visa adjudication is always national security,” the prepared statement provides a look at where the bureau is seeking to expand.   Specifically, it seeks legislative authority to expand the Interview Waiver Program and wanted to see an expanded  Visa Waiver Program to include additional countries to the 37 current participants.  The  Interview Waiver Program (visa applications without personal appearances) is potentially controversial given its history, and probably the reason the bureau is seeking legislative authority from Congress.

Below are excerpts from the prepared statement:

Consular Adjudicators

In 2013, Brazilian visitors contributed $10.5 billion to the U.S. economy, a 13 percent increase from the prior year.  During the same period, Chinese visitors contributed $9.8 billion, an 11 percent increase from the prior year, or $5,400 per visitor.  To address this important opportunity to contribute to our country’s economy, 167 officers perform consular work in Mission China.  Consular Affairs created over 50 new officer positions in China in fiscal year 2012 alone.  In the same year, we increased consular staffing in Mission Brazil by 40 percent within six months, and eventually increased staffing by more than 100 percent.  We met the President’s Executive Order target of 40 percent capacity increase in Brazil in June 2012 and in China in November 2012, both ahead of schedule.
[…]

In 2011, we realized our traditional hiring mechanisms wouldn’t allow us to deploy officers quickly enough to meet exploding visa demand in Brazil and China. We weren’t recruiting enough Portuguese- and Mandarin-speaking officers and could not wait for new entry-level officers to learn these essential languages.  In response, the Department created a rapid hiring pilot program to ramp up staffing at critical needs posts.  These adjudicators met a high bar for qualifications and underwent a rigorous screening process to assess their skills and background for these positions.  The first class of these adjudicators, appointed for one-year periods and limited to a maximum of five consecutive years, began in January 2012.  That year, we brought on a total of 24 Mandarin-speakers and 19 Portuguese-speakers, all of whom arrived at posts by mid-July.  In fiscal year 2013, we expanded the program to recruit Spanish-speakers.  To date, we have hired and deployed 59 adjudicators under this program to China, Brazil, Mexico, Colombia, and the Dominican Republic, representing an added capacity of 900,000 visa adjudications per year.

Interview Waiver Program

We are utilizing technology and advanced fraud detection techniques to help us expand the pool of applicants for whom interviews can be waived under the Interview Waiver Program.  This allows us to focus resources on higher-risk visa applicants while facilitating travel for low-risk applicants.

We are working with our colleagues across the government to expand this successful program, which became permanent in January 2014.  In fiscal year 2013, we waived over 380,000 interviews, and a recent study showed that tourist and business visitor visa holders whose interviews were waived, all of whom were subject to the full scope of security checks, posed no greater risk for an overstay than those who were interviewed.  We are interested in explicit legislative authority to supplement the existing Interview Waiver Program by adding additional low-risk applicant groups such as citizens of Visa Waiver Program members applying for other types of visas such as student or work visas; continuing students moving to a higher level of education; non-U.S. citizen Global Entry and NEXUS trusted traveler program members; and holders of visas in other categories, such as students and workers, who wish to travel for tourism or business.  The Department is interested in working with Congress on legislation specifically authorizing the Secretaries of State and Homeland Security to enhance our interview waiver programs.

Visa Waiver Program

[W]e are working with our U.S. government colleagues to expand the Visa Waiver Program, consistent with U.S. law, as was recently done with the addition of Chile to the program earlier this year.  With this designation, Chile now joins 37 other participants and is currently the only participant from Latin America.  The Department supports the proposed amendments contained in the Senate-passed Border Security, Economic Opportunity, and Immigration Modernization Act, because we believe they would restructure the Visa Waiver Program in a manner that would strengthen law enforcement cooperation, while maintaining the program’s robust counterterrorism and criminal information sharing initiatives and promoting commerce and tourism in the United States.

No to Premium Visa Processing

However, we do not recommend offering premium visa processing.  We believe many visa applicants would be willing to pay any “premium processing fee” in the false belief that payment of a higher fee will ensure visa issuance, thus making any such program less efficient and compromising the integrity of the visa process.  The best approach to achieve greater efficiencies is the continued prioritization of student, medical, and urgent business travel applications, which is already in effect at consular posts worldwide.  We will also pursue increased visa validity where reciprocal agreement can be obtained with interagency support.

The full statement is available here.

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Snapshot: Visa Waiver Program Countries as of February 2014

Under the visa waiver program (VWP), the Secretary of Homeland Security, in consultation with the Secretary of State, may waive the “B” nonimmigrant visa requirement for aliens traveling from certain countries as temporary visitors for business or pleasure (tourists). Nationals from participating countries must use the web-based Electronic System for Travel Authorization (ESTA) to get an approved electronic travel authorization before embarking to the United States, and are admitted into the United States for up to 90 days. The VWP constitutes one of a few exceptions under the Immigration and Nationality Act (INA) in which foreign nationals are admitted into the United States without a valid visa. As of January 2014, 37 countries participate in the VWP.

Andorra, Australia, Austria, Belgium, Brunei,  Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Malta, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom.

CRS: Visa Waiver Program, February 12, 2014

Now includes 38 countries. On February 28, 2014, Secretary Jeh Johnson announced the designation of Chile into the Visa Waiver Program (VWP).  Starting May 1, 2014, eligible Chilean passport holders with both an approved Electronic System for Travel Authorization (ESTA) and an e-passport will be able to visit the United States without nonimmigrant visitor visas.

Read more here.

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