TWOV and ITI Programs Suspended
Posted Aug 08, 2003
In another security-related measure, the U.S. Department of Homeland Security (DHS) and the U.S. Department of State (DOS) suspended two visa exemptions for persons traveling through the U.S. The programs are known as, "Transit Without Visa" (TWOV) and the "International-to-International" (ITI) transit program. This does not affect persons who are visa exempt under the visa waiver program (VWP). The change became effective August 2, 2003. These programs previously allowed some individuals to travel through the U.S. while in transit, without obtaining visas in advance.
The TWOV provided a visa exemption for people entering the U.S. en route to another foreign destination. It was for people who would otherwise need a visa to enter the U.S. Such travelers are only allowed to enter the airport and change planes. The individuals are not allowed free access to the airport, nor can they depart the airport. Airline security personnel maintain control over these individuals and their documents. The TWOV allows travel through two airports. The ITI program is similar, but more restrictive. It only allows in-transit individuals to change planes at one airport. These individuals are restricted to a transit lounge while in the airport.
At the airport POE, the individuals in transit are inspected in the same manner as a person with a visa. However, they do not have to undergo the consular applications and screenings. It is this exemption that raises security concerns. According to a DHS press release, terrorist groups were planning to misuse the program to gain access to the U.S. and U.S. airspace. Steps are underway to make necessary changes to address the security concerns inherent in the programs. DHS and DOS are evaluating the security issues and soliciting public comments. It should be noted that the programs are not being terminated, but only suspended. A DHS press release states that the intention is to reinstate the program after security issues are addressed. The suspension will be reassessed over the next 60 days.
There are three temporary exceptions to accommodate travelers with existing travel plans. Two of these would no longer be applicable. The first was for passengers in flight at the time the regulation went into effect. The second was for travelers who purchased their tickets as TWOV or ITI passengers on or before July 24, 2003, and who were scheduled to depart the U.S. before 12:01 a.m. August 5, 2003. The third exception is for persons who traveled the first legs of their journeys as TWOV or ITI. They will continue to be visa exempt if they use their return tickets by 11:00 a.m. August 9, 2003.
Visas will be required of those who do not fit into the very limited exceptions explained above. If it is not possible for one to obtain a visa, his or her travels will have to be rerouted. According to the DOS, the consulates have been advised of this change. They have modified procedures to expedite visa processing for these individuals and to allow them to apply outside of their home countries, in order to enable return travel if they are now abroad. The U.S. Departments of State and Homeland Security have each provided FAQs, available on their websites.© The Law Office of Sheela Murthy, P.C.
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