DOS on Security Issues in Visa Processing
Posted Sep 28, 2001

As a result of the events of September 11, 2001, we at The Law Office of Sheela Murthy have received many inquiries about possible changes in the nonimmigrant visa (NIV) process at consulates around the world. It appears that consulates have been asking the U.S. Department of State (DOS) for guidance on this issue as well. DOS recently issued a cable notification to consulates indicating that no new changes are mandated, but that consulates can feel free to request advisory opinions on security grounds as needed.

As background for our MurthyBulletin readers, if a Consular Officer has concerns about a visa application it is possible to request an advisory opinion from the DOS Visa Office in Washington DC. Sometimes the applicant, or an attorney representing the applicant, may ask for an advisory opinion, if it appears that there was a legal error in denying a visa application, for example. Consulates can also request advisory opinions on national security grounds. Such opinions are often called security advisory opinions. There are DOS guidelines on situations when consulates are required to seek security advisory opinions. At other times, the consulate has the discretion to request such an opinion when it appears to be necessary.

While DOS is not changing the requirements as to when it is mandatory to request a security advisory opinion, the cable reminds consulates that they can request such opinions at their own discretion. It remains to be seen whether these requests will become more frequent than before. The cable also notes that consulates can ask DOS to search records of other visa applications by an applicant. Furthermore, the cable instructs consulates to process applications for NIVs from people who are physically present within their local area, regardless of nationality.

We have also included in this September 28, 2001 issue of the MurthyBulletin and in last week's issue (from September 21, 2001), articles about visa processing at various consulates around the world to help our clients who may consider Consular processing as an option for the NIV or the immigrant visa.