State Dept. Warns of Increased Processing Delays of Nonimmigrant Visas
Courtesy of AILA
Below is a State Department (DOS) Notice alerting nonimmigrant visa applicants of the likelihood of delays caused by the additional security clearance
procedures instituted after September 11th. DOS indicates that delays
of 6 weeks or more may result in instances where additional clearance
procedures must be undertaken due to a match of names of the visa applicant
and for suspected terrorists on various security databases.
Accordingly, it is highly recommended that each foreign national in the
U.S. who may need to travel, monitor the expiration date of the visa
inside his/her passport and either plan trips well before the visa expiration
date or apply for visa revalidation 60 days before the expiration
of his/her current visa.
Visa Revalidation is a procedure available for nonimmigrants who are
in the US and who have been previously issued nonimmigrant visas and
allows these individuals to obtain visa extensions, provided the underlying
visa petition has been extended as well. A person can apply for visa revalidation 60 days before and within 12 months of the visa expiration
date. Visa revalidation takes a minimum of 10 weeks.
For example, Satish whose H-1B visa expired on August 1, 2002, just received
an H-1B petition extension from the INS valid to July 31, 2005. This
petition extension, extends his H-1B period of admission in the US to
July 31, 2005 and no visa is required to allow him to remain in the US.
However, if Satish leaves the US he will need a new H-1B visa in order
to re-enter. Satish knows he will travel back home to India during Christmas
and plans to stay for only 14 days. Not wanting to chance missing his
return flight because of delays at the US Consulate, Satish decides to
apply for visa revalidation now so that he will have a new visa in
his passport for his trip.
Please note that traveling to a US Consulate in Canada or Mexico and
obtaining a visa there is no longer a simple solution to this problem.
The State Department & INS have now barred a foreign national from re-entering
the US after applying for the visa but before the visa is issued. Accordingly,
if an additional security clearance is instituted the processing delays
will take place regardless of whether the visa application was submitted to the US Consulate in the home country or in Canada or Mexico.
In addition, most visas (except for nationals of certain countries, i.e.
PRC) will be valid for multiple entries. Therefore, if you have a visa
which indicates "M" under Entries and the expiration date has not been
reached, the visa remains valid and can be used for a trip abroad.
However, in the instance where an unexpected excursion is necessary,
and you are not sure about the validity of the visa inside your passport,
please advise your immigration attorney as soon as possible to discuss
various options.
Notice on Current Visa Processing Situation
Since the terrorist attacks of September 11, 2001, the State Department
has been engaged with other U.S. government agencies in an extensive
and ongoing review of visa issuing practices as they relate to the security
of our borders and our nation.
Through the use of supplemental application forms and other measures,
visa applications are now subject to a greater degree of scrutiny than
in the past. This scrutiny means that visa applications in some instances
take longer to process to conclusion than has been customary. We recognize
that individual applicants may experience inconvenience and hardship
if their application takes longer to process than they expected. We are
doing everything possible to meet the legitimate needs of prospective
travelers consistent with the priority we must attach to our security
and legal responsibilities.
While our consular officers strive to offer visa applicants as expeditious
service as possible, their primary responsibility is to carry out U.S.
law and to ensure that applicants to whom they issue visas will not pose
a threat to the safety and security of the United States and its inhabitants.
This is a serious responsibility that must take precedence over other
considerations pertaining to a visa application.
We realize that these necessary security measures may affect the travel
plans of visa applicants, especially individuals intending to enroll
in or continue college and university studies in the United States. We
will make every attempt to meet the legitimate needs of prospective travelers
to the United States, consistent with the priority of our security and
legal responsibilities. We recommend that individuals build in ample
time before their planned travel date when seeking to obtain a visa.
Special security screening procedures affect a limited number of prospective
travelers. Our goal is to have assured security within a system that
is responsive to everyone wishing to visit the United States. However,
delays in processing of visas will continue to occur as the Department
of State, working with other agencies, brings new information systems
on line. Responding to the attacks of September 11, 2001, Congress ordered
that security inadequacies be identified and addressed. By legislative
instruction, some of this work was specifically to be accomplished by
the first anniversary of the attacks. That work is in course now in accordance
with those instructions.
The time needed for adjudication of individual cases will continue to
be difficult to predict, as necessary new procedures are refined. Visa
applicants affected by these procedures are informed of the need for
additional screening at the time of application and should expect substantial
delays of six to eight weeks or more before a visa can be issued.
We trust that affected applicants will understand that this waiting period
is necessary as we strive to make every effort to ensure the safety and
security of the United States for all who are here, including foreign
visitors.
