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DOS Terminates "20-Day Hold"
Posted
Nov 01, 2002
The U.S. Department of State (DOS) has eliminated the 20-day hold
procedure in place for certain nonimmigrant visa applications. This hold was
a special review for applicants from a specific list of countries. While the
list has never been officially released by DOS, several unofficial lists
have been published by various news sources. The hold was an interim
procedure, now eliminated, for all pending cases as well as future
applications. This matter was covered in the November 30, 2001
MurthyBulletin article,
Arab and Muslim Men Wait Longer for Visas, available on
MurthyDotCom. As explained here, various checks are still in place, but
the cases are no longer subject to uniform, automatic 20-day delays.
This change in no way eliminates the other enhanced, post-9/11 security
measures. All other "special clearance procedures," beyond the normal DOS
computer name check system, known as CLASS, remain in place. There are many
factors that trigger the "special clearance procedures." Included in these
factors are incidents of persons whose names result in a "hit" on the CLASS
name check and persons a consular officer has reason to believe may be
ineligible under security grounds. There are special restrictions related to
illegal technology transfer that are required if the consular officer
believes the individual's proposed activities in the U.S. would involve one
of the "sensitive technologies" on the Technology Alert List.
The decision to eliminate the 20-day hold at this time is that it was to be
an interim measure, instituted as a reaction to the events of September 11,
2001. At this time, the DOS states that the measure is no longer needed,
owing to enhanced data-sharing between the various government agencies and
additional security clearance procedures now in place.
©
The
Law Office of Sheela Murthy, P.C.
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