Demystifying Visa Delays and Security Checks

Transcription

1 Demystifying Visa Delays and Security Checks Ivana Hrga-Griggs, Harvard University Maureen Martin, Harvard University NAFSA Region XI Conference, Providence, Rhode Island November 10, 2010

2 Presentation Goals Discuss visa process Highlight common types of delays and denials encountered in visa process Review strategies advisors take to address visa delays and denials Discuss the effectiveness of institutional interventions Conclude with practical tips for addressing visa delays and denials

3 A Quick Survey: Show of Hands 1. How many people have been involved in trying to overturn a visa denial or expedite administrative processing for a student or scholar? 2. How many of those cases were ultimately overturned or resolved expediently?

4 Key Players in Visa Process Visa Applicant Presents important characteristics that impact visa processing such as: Country of citizenship Field of study or research Consular Officer Determines applicant s eligibility for a visa Upholds U.S. immigration law Respects the confidentiality of the visa applicant International Advisors Determine institutional involvement in the visa process Must address the fall-out from visa delays and denials

5 Some Types of Administrative Processing - Consular Lookout and Support System (CLASS) All applicants must be routed through system A hit (terminated record, DUI, etc.) can subject applicant to additional processing 5

6 Some Types of Administrative Processing - Security Advisory Opinions Various types (SAOs) Could be related to country of citizenship, field of study/area of research, past travel destinations, criminal activity Process is not in the hands of the Consular Officer 6

7 Clearances: The Consular Officer s Role Must address CLASS hits and SAOs before a visa is issued Many times CLASS hits and SAOs require information to be sent to and approved by DOS in Washington, DC Officers cannot issue a visa if they are waiting for a response Many times officer does not know the exact reason that additional processing is required

8 Clearances: Timeframes How long a clearance takes varies widely and can be affected by world events Clearance validity varies by type and nationality of applicant

9 Visa Processing Delays

10 Visa Delays Common Response (1) I am frustrated that I am unable to predict if a student or scholar will be subjected to a delay. How many feel that delays are so random that it is impossible to effectively advise on the visa process?

11 Tips For a More Effective Response 1. Assess applicant s risk of delay Applicants are treated differently by the DOS based on certain characteristics (country of citizenship, area of study or research, etc.) 2. Prepare applicant for visa process Introduce concepts such as non-immigrant intent and visa eligibility Review travel.state.gov website 214(b) is explained under Visa Denials NAFSA s 10 Tips for a Successful Visa Application 3. Discuss consequences of delay with applicant and others

12 Visa Delays Common Response (2) I need to be involved in the resolution of this visa delay. How many feel the need to get involved in the resolution of any delay brought to their attention?

13 Tips For a More Effective Response 1. Determine what you are trying to accomplish Expediting application delays is extremely rare Applicant confidentiality DOS cannot talk with an advisor about the specifics of a case 2. Establish an office policy to address visa delays What is the goal of advisor involvement? Does the office have the resources to commit to helping out? 3. Become knowledgeable about the visa process Before jumping in, try to understand what might be the source of the delay

14 Visa Delays Common Response (3) I can contact the Consulate to help resolve this delay. How many feel that many delays are due to a misunderstanding on the part of the Consular Officer?

15 Tips For a More Effective Response 1. Remember that Consular Officers are looking at applicant s eligibility for non-immigrant status An institution s decision to admit a student is a necessary, but not sufficient part of establishing eligibility for a student visa 2. Establish the goals of your inquiry DOS protects the confidentiality of all visa applicants For some applicants, DOS must solicit input from other government agencies in Washington, DC 3. Contact DOS Public Inquiries (202) or FMJVisas@state.gov Have access to same information as Consulates 4. Establish an office policy to address

16 Visa Delays Common Response (4) I can call my Congressional Representative to solicit their help in resolving this delay. How many people have called their Congressional Representative to request help on a specific delay?

17 Tips For a More Effective Response 1. Advocacy Case Specific Expediting application delays is extremely rare Visa process is insulated from political pressures Applicant confidentiality DOS cannot provide additional information to Congressional Representative about the specifics of a case 2. Advocacy Broader Changes to Visa Process Congress creates the laws that Consular Officers are bound to uphold; so Congressional involvement may have a broader impact on future legislation aimed at visa process

18 Visa Delays Common Response (5) I can write a letter in support of the student or scholar attending our institution, to try and avoid any delays during the visa process. How many people have written letters with the hope that this will help avoid delays in the visa process?

19 Tips For a More Effective Response 1. Prepare applicants for visa application. After all, they are applying for the visa, not we. Provide them an overview of important concepts like: Intent to return home Eligibility for non-immigrant status 214(b) Consider guidance provided by DOS and FAM on what Consular Officers are expecting from the applicant

20 Tips For a More Effective Response 2. Write letters when there are unique circumstances to a case that students and scholars need help explaining When writing a letter, always ask yourself: Is this the best utilization of my time? Do I have all the information or would it be more appropriate for someone else to write the letter (department, academic advisor, admissions)? What role will this letter play in the visa process? What expectations am I creating on the part of the visa applicant? Is this the best utilization of Consular Officer s time?

21 Visa Delays Common Response (6) As a NAFSA member, I can contact NAFSA for help on a specific delay. How many people have contacted IssueNet, Report an Issue, or a RegBud regarding a delay?

22 NEW: Travel Subcommittee will follow up with IssueNet submissions, when appropriate, to help advisors better Tips For a More Effective Response 1. Generally, NAFSA will not be able to advocate on case-specific basis. 2. NAFSA uses data to track trends and raise issues with DOS on quarterly calls. 3. NAFSA can and does provide information on what may be occurring with a specific delay

23 Visa Denied

24 Important Concept: Present Tense Denials Most denials, including 214(b) denials, are considered present tense denials. This means that the denial only applies to the current application and does not impact the ability to make subsequent applications.

25 Important Concept: Present Tense Denials A student/scholar can reapply for a visa If they feel they have new or additional information to demonstrate eligibility for visa Subsequent applications may not benefit from F, M and J priority processing times

26 214(b) From Both Sides Applicant Believes s/he was unfairly denied visa (Consular Officer never looked at my documents) Believes Consular Officer questioned his/her academic credentials Consular Officer Reviews documents prior to applicant s actual interview Has concerns that are not document based Does not question admissions decisions, but does have a unique opportunity to talk to individual known only to institution through documentation Can assess whether person presenting fits documents Must determine eligibility for nonimmigrant visa being requested

27 Most Effective Strategies Prepare applicants for visa application Application process APPLY EARLY! Important concepts in the process Visa eligibility Non-immigrant intent Understanding 214(b) What documents should the applicant have Learn more about the visa process travel.state.gov website Check Consulate website NAFSA Manual Foreign Affairs Manual (FAM)

28 Most Effective Strategies Establish office policy for addressing delays and denials Work on managing expectations before delays and denials happen Be clear and consistent about your role in the visa process Understand the role of the Consular Officer Just as we are bound by our institutional processes, they are bound by DOS processes. We are all working toward the same goal. Delays are normally just that, delays.

29 Visa Reciprocity Tables apple Visas apple Fees and Reciprocity Tables

30 Questions?