Law Office of Leila Freijy PLLC
Immigration & Compliance Law 
U.S. Consulates Begin Additional Visa Vetting

On June 1, 2017, The Washington Post published a story regarding the start of additional visa vetting at U.S. Consulates.
The information below is an excerpt from that article.

Consular officers at U.S. embassies and consulates around the world have started more intensive vetting of some visa applicants, including asking for their social media handles, in an effort to block potential terrorists and other national security threats from entering the country.

Under a supplemental questionnaire that came into use May 25, visa applicants may be given a new, supplemental questionnaire probing for more detailed information.  The supplemental questionnaire has not been published by the Department of State.

The questionnaire was rolled out as a temporary, "emergency" measure in response to President Trump's March 6 memo mandating enhanced visa screening. During his campaign, Trump called for "extreme vetting" of foreigners seeking to come to the United States.

The new, tougher scrutiny is authorized to remain in effect through November, but it is expected to be updated and made permanent. The additional scrutiny may result in visa delays and an increase in denials.

The three-page supplemental questionnaire asks applicants for their passport numbers and travel history over the past 15 years, including the source of funding for any trips. The intention is to identify applicants who spent time in areas controlled by terrorist groups such as the Islamic State or al-Qaeda.

The questionnaire also requests 15 years of employment history and residential addresses, as well as the names of all spouses or partners, whether living or deceased. The existing visa application only requests this evidence for the past 10 years.  Applicants may be asked to provide their user names on all social media accounts they have used in the last five years.  Though responding is voluntary and "not necessarily" a rationale for visa denial, the questionnaire advises that not providing answers could cause a delay in processing.

The additional questions will not be asked of all applicants, just those who consular officers determine merit a more "rigorous" evaluation. The State Department estimates that about 65,000 of 13 million visa applicants every year could be subjected to the extra scrutiny.

The new set of questions prompted considerable criticism during a public comment period before being approved May 23.  The American Civil Liberties Union (ACLU) sent a nine-page letter urging the questionnaire be rejected. It called the questions overly broad and burdensome, and said questions on social media use would intrude not only on the privacy and freedom of speech for applicants, but for any U.S. citizens with whom they are in contact. The letter also said the extra vetting of social media accounts won't keep dangerous people out.

"Those who are actually engaged in terrorism will simply take additional steps to hide their communications, making this information collection ineffective," said the letter signed by Faiz Shakir, the ACLU's national political director.

Betsy Lawrence, head of government relations for the American Immigration Lawyers Association, said the information requested in the new questionnaire can be difficult to document, and it is easy to make a simple error that could create a false suspicion of fraud. She said it is likely to discourage many applicants with justifiable reasons to visit the United States, such as business people, students and tourists. Universities worry Trump policies will deter international scholars.
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Leila Freijy
Law Office of Leila Freijy PLLC