From Ruth Thor Nelson, dated Wed 12/12/2001 11:05 AM
To: Sponsored visa holders in the SLAC community.
The following 2 Items are by courtesy from AILA -- the American Immigration
Lawyers Association -- and are forwarded so you will have the latest information
to assure a smooth re-entry to the US.
Briefly, Item #1, -- A reminder to make sure your visa and passport, etc. are
current. Previously the INS had descretionary authority to admit in parole
status, assess a fine, and schedule an appointment for resolution at their
District Office.
Item #2 -- Discusses the resumption of Third Country National (TCN) processing
in Canada and Mexico. You'll want to read this very carefully and contact the
consular post directly for specific emerging details if you choose this option.
Also check with the post if you are planning to request visa processing in
another third country, not Canada or Mexico. This item also contains a CAUTION
to make sure the POE you plan to use for re-entry from a contiguous country will
readmit you if your visa has expired, but your supporting documents (IAP, I-797
or I-20, etc.) remain valid.
ITEM #1
December 7, 2001
POEs Instructed to Deny I-193 Waivers
Within the past 48 hours, INS has instructed all ports of entry not to grant
I-193 waivers, except in circumstances involving dire medical or
humanitarian emergencies. Accordingly, district directors and their
designees no longer have the discretion under 8 CFR §212.1(g) to waive the
requirement of a valid visa or border crossing card and/or passport, on a
case-by-case basis. Moreover, aliens lacking the requisite documents who
refuse to withdraw their applications for entry will be taken into custody
and placed in expedited removal proceedings. This applies even where an
alien has a valid visa, but seeks entry in another status. For instance, a
B-1 business visitor who changes to H-1B status in the U.S. but fails to
obtain an H-1B visa on his or her next departure, then seeks re-entry in
H-1B status, will be subject to expedited removal.
Already within the past 2 days, at a major international POE, numerous
aliens otherwise entitled to E, H, L and P status have been placed in
custody and subjected to expedite removal on this basis.
ITEM #2
The AILA/Department of State Liaison Committee update on border post
processing. As of 12/3/01, the MINACS contractor, which schedules third
country nationals, is back in business. Details on changes are provided.
________________________________________________
Sent: Wednesday, December 05, 2001 4:19 PM
NOTICE FROM THE AILA DEPARTMENT OF STATE LIAISON COMMITTEE
prepared by Kathleen Campbell Walker, chair
On Monday, Dec. 3, after test runs, the MINACS contractor, which schedules
third country national appointments for Canadian posts and certain Mexican
posts (Juarez, Matamoros, and Tijuana), was back in business scheduling
appointments. The system is not the same. The system does still utilize
either 900-443-3131 or www.nvars.com to make appointments. This system
covers the following posts: Calgary, Ciudad Juarez, Halifax, Matamoros,
Montreal, Ottawa, Quebec, Tijuana, Toronto, and Vancouver. I have checked
the system as of 1:00pm MST and only Calgary, Ciudad Juarez, Halifax (1
appointment), and Vancouver have openings in December. [PLEASE NOTE THAT
MATAMOROS AND QUEBEC DO NOT TYPICALLY ACCEPT APPOINTMENTS THROUGH MINACS.]
The changes in the system reflect the good faith attempts by the State
Department to get the system back up after the imposition of Special
Processing Requirements ("SPR") upon certain nationalities post September
11. These requirements were discussed in the November 9, 2001 Daily Briefing
of the State Department. Further information about this announcement was
published in the November 10, 2001 New York
Times article entitled, "Longer Visa Waits for Arabs; Stir Over U.S.
Eavesdropping." This article indicated that males between the ages of 16 to
45, who are nationals of certain countries, were subject to a 20 day
security check wait. This procedure is not new. For example, certain
Iranians have been subject to a Visas Eagle check, which is now only valid
on a per visa entry basis and takes 30 days. It is important to recall the
June 23, 2001 Department of State Telegram outlining special processing
requirements, as to other countries as well as the List of 26* to evaluate case
clearance issues.
This new 20 day check allegedly applies to the following countries:
Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Eritrea, Indonesia, Iran,
Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan,
Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, the United Arab
Emirates, and Yemen. We have heard of examples of females being subject to
these requirements as well as other countries such as Bangladesh, but we are
not certain if such rumors are based on the misapplication or application of
this procedure. Please note that this list could also change. Please also
note you cannot rely on the newspaper articles for accuracy as to the
countries impacted by this policy. Some countries may be inaccurately listed
or others inadvertently omitted. You must wait the five business days to
figure this out.
The MINACS system was shut down as well as the Teletech system due to this
new SPR policy. The Teletech system is used in Mexico to make appointments
at Mexican posts not covered by MINACs. Mexico City is in charge of this
procedure. Teletech may have to be revised further to allow appointments. We
are waiting on confirmation from the Minister of Consular Affairs in Mexico
City as to her approach.
As to the appointments through MINACS, now, applicants are advised to wait
five business days after scheduling before making airline reservations or
other travel plans to determine if they will be contacted by phone or e-mail
to cancel the appointment. Those not contacted in this time frame have
appointments.
Behind the scenes, each day MINACS forwards to the applicable posts lists of
those scheduled. An officer at each post reviews the list to determine who
would be subject to the wait. If subject, your appointment is cancelled.
THUS, WHAT IS HAPPENING IS THAT BORDER POSTS ARE NOT BEING USED FOR THESE
LIST OF 26* CASES SUBJECT TO THE NEW SPR REQUIREMENTS. Those who are subject
and can apply for revalidation still have that option. Otherwise, they must
apply at another post not in Canada or Mexico. The concern being addressed
is that if you (the applicant subject to the SPR) are outside the U.S., the
desire is to have you be outside the U.S. during the 20 day check. This
measure is a stop gap remedy to at least get the system back up for those
not impacted by the new SPR requirements.
The State Department is considering advising non-Mexican and Canadian posts
to be cognizant of this situation to address a possible increase in TCN
applications at their posts. Also, although the Visa Office has assigned
additional personnel to the Revalidation unit (process of revalidation is
described on the State web site at www.state.gov and outlined in our liaison
minutes for the Department of State, it is currently taking about 12 weeks for
these cases to process.
The reference to, "these cases," does not include the List of 26*. For those
people, an
additional wait of 20 days is needed. Please note that some can be subject
to the List of 26* check as well as other security check procedures outlined
in the telegram above. Thus, if the applicant is subject to a certain Visas
Eagle check that may take 30 days, and the officer does it correctly, an
additional 20 days for the List of 26* is NOT added to the processing time
(ex: NOT 12 weeks plus 20 days plus another 30 ). The revalidation unit has
requested additional staff, and we hope to see a reduction in the processing
time soon (1 or 2 months for some relief). Last year, the revalidation
numbers were about the same. The revalidation unit is also having about 70
withdrawals per day, which are time consuming. The revalidation cases are
sent via federal express from the St. Louis drop box, and are apparently not
being slowed down at the moment by anthrax issues.
As to returning to the U.S. using 22 CFR 41.112(d)**, you must be certain that
the particular district still recognizes this approach. The longevity of
this provision may be in question, and we must be ready to address potential
changes. Please be on the alert for updates and advise me or another member
of the Department of State Liaison Committee of your experiences as we go
through this difficult time.
[*YOU CANNOT RELY ON THE LIST PUBLISHED FOR THE NUMBER OF COUNTRIES.]
** REFERS TO READMISSION WITH EXPIRED VISA STAMP FROM CONTIGUOUS COUNTRY.