Possible Delays in Visa Applications at Consulates
Posted Jan 24, 2003

In September 2002, the Bureau of Consular Affairs (BCA) reported on their many "accomplishments" in the war on terrorism in the year following September 11, 2001. In this overview we cover some of the resulting changes and their potential affects on MurthyDotCom and MurthyBulletin readers as they make visa applications at the U.S. consulates worldwide.

Security Enhancements Post 9/11

The BCA incorporated over 7 million FBI National Crime Information Center records into the Consular Lookout and Support System (CLASS) name-check database. They also augmented the number of name-check records in CLASS threefold with records obtained through the intelligence community. Security checks have been added in countries where they felt it was warranted. These measures are coupled with a worldwide supplemental visa application form for all men ages 16 to 46 (Form DS-157), automated links to the FBI for the purpose of checking names of Security Advisory Opinions, the implementation of the Passport Lookout Tracking System containing information on approximately 100,000 fraud files, and a new pilot nonimmigrant visa system that can show a consular officer any serious visa refusals for an applicant.

What This Means for You, the Visa Applicant

These steps, along with many other BCA projects both implemented and under discussion, mean that it is increasingly more difficult and time consuming for a foreign national to obtain a visa at the consulate. If a visa applicant has any doubt about whether to report an incident that has occurred in the course of his or her life, it is crucial to seek the advice of an experienced immigration attorney. Otherwise, a decision not to mention a particular detail could result in a denial on fraud grounds once the more in-depth security check reveals something the consulate believes should have been reported by the applicant.

Failure to Provide Correct Information Potentially Disastrous

With increasing security measures at the consulates, ports of entry, and within the United States the potential implications of providing incorrect information or failing to accurately respond to a question can be quite dire. Foreign nationals must be painstaking in their efforts to comply with the U.S. laws, particularly with respect to immigration and criminal matters. If there was ever a time when omission of detail, either intentionally or inadvertently would not have serious results, that time is not now. It is better to disclose potential issues with an attorney and plan the strategy to respond before the case is denied for fraud or misrepresentation.