U.S. Consulate at Ciudad Juarez Now Requires Electronic Visa Application -- DS-160
Beginning January 20, 2009, the U.S. Consulate in Ciudad Juarez, Mexico requires all non-immigrant visa applicants to use the DS-160 Nonimmigrant Visa Application when applying for a nonimmigrant visa, regardless of visa class. Visa applicants at Ciudad Juarez should visit the consulate's website at http://ciudadjuarez.usconsulate.gov/non-immigrant_visas.html for further information.
To date, five other U.S. consulate locations have implemented the use of DS-160: Monterrey and Nuevo Laredo, Mexico; Montreal and Vancouver, Canada; and Hong Kong.
The DS-160 is completed and submitted entirely online. The application may be completed by a third party but ultimately the actual visa applicant must submit the form online. Upon submission of the DS-160, the applicant receives a confirmation page that he or she must take to the visa interview appointment. All information submitted electronically is stored in the Department of State database and is retrieved by the U.S. consular officer at the interview via the confirmation page. For information about the DS-160 and the other U.S. consulates requiring this latest visa application please click here.
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Malta Joins Visa Waiver Program
The U.S. Department of Homeland Security (DHS) designated Malta as a Visa Waiver Program (VWP) country on December 30, 2008. To become part of the VWP, Malta had to meet a range of security requirements, "including more enhanced law enforcement and security-related data sharing with the United States." Citizens of Malta are now eligible to travel without a visa to the United States for up to 90 days for tourism or business, as long as they have an e-passport and an approved authorization via the Electronic System for Travel Authorization (ESTA). For more information on ESTA please click here.
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Application for Naturalization (Form N-400) Joins Direct Mail Program
In a continued effort to centralize its operations, U.S. Citizenship and Immigration Services (USCIS) announced that starting January 22, 2009 non-military naturalization applicants will be required to submit their applications to one of two new USCIS lockbox facilities. USCIS believes that this effort will further increase efficiency, decrease inconsistencies, and cut costs. For the lockbox addresses please see the USCIS notice on Direct Mail by clicking here. Incorrectly addressed applications will be forwarded to the proper address for the first 30 days after January 22, 2009. (USCIS formerly attempted the implementation of the program with a notice published on September 12, 2008, which was later withdrawn on October 10, 2008.)
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Enhanced New York Driver's Licenses are Acceptable Border Crossing Documents
Enhanced Driver's License and Identity Documents (EDLs) issued by the State of New York are considered acceptable travel documents for purposes of entering the United States at land and sea ports of entry under the Western Hemisphere Travel Initiative (WHTI). The WHTI is a federal law that regulates which documents U.S. citizens and nonimmigrant foreign nationals from Canada, Bermuda, and Mexico may use when they travel in the Western Hemisphere. Beginning June 1, 2009, only WHTI-approved documents may be used for return to the United States. To review U.S. Customs and Border Protection’s information sheet regarding acceptable documents, please click here.
The EDL denotes both identity and citizenship and costs $30 more than a regular drivers license. The program is voluntary, and EDLs will be issued only to U.S. citizens. To learn more about applying for an EDL in New York State, please click here.
In addition, Washington state currently offers an EDL and Vermont, Arizona and Michigan are in the process of producing EDLs that meet the requirements established by the Department of Homeland Security.
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New Pilot Program Allows Certain Nonimmigrants to Enlist in U.S. Military
The Department of Defense has announced a new pilot program, permitting military enlistment for certain nonimmigrants. Eligible nonimmigrants include those who have lived in the U.S. for at least two years and have skills critically needed by the U.S. military. Please click here for the Department of Defense News Release and click here for a list of those skills needed. Foreign nationals who volunteer to serve during a time of war will be eligible for accelerated citizenship.
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The Basics of Security Advisory Opinions
Security Advisory Opinions (SAOs) are created in response to a request by a U.S. embassy or consulate for a background security check on a foreign national who is applying for a U.S. visa.
When a foreign national applies for a nonimmigrant visa at a U.S. consulate abroad, the applicant’s name is run through a name-check system referred to as the Consular Lookout and Support System (CLASS). Any existing issues in an applicant’s background that may impact eligibility for a visa (such as an arrest, a conviction, or an overstay that are known to the U.S. government) cause the applicant’s name to be flagged for the consulate’s attention.
What triggers a request for an SAO? A U.S. consulate has the discretion to request an SAO regardless of whether or not the applicant’s name is flagged in CLASS. However, U.S. consulates will always request SAOs in the following circumstances:
- the applicant's name is flagged in CLASS;
- an applicant received an unfavorable SAO in the past;
- the applicant is a national of a country not recognized by the United States or with which the United States does not maintain diplomatic relations;
- the interviewing U.S. consular officer has knowledge or a reasonable ground to believe that the applicant is ineligible for admission to the United States because of national security concerns (for example, the consular officer believes that the applicant might be involved in the transfer of sensitive technology designated by the Department of State (DOS)’s Technology Alert List (TAL)); or
- the applicant is a national or employee of a State Sponsor of Terrorism.
In addition to the above triggers, applicants who are citizens of, born in, or have some strong connection to certain countries are also subject to an SAO.
Click here for a list of the countries.
The length of time that an SAO takes to clear depends on the type of security clearance that is requested by the U.S. consulate. There are nine types of SAOs. Most relevant to non-immigrant visa applicants are the Visas Mantis, Visas Donkey, Visas Eagle, and Visas Condor SAOs. Please
click here for additional information about the various types of SAOs.
The question that often arises among individuals who have been subject to an SAO in the past is whether or not the clearance received can be reused for future travel. The guidance on this subject is mixed. However, the bottom line is that the U.S. consular officer has discretion to request an SAO for anyone and is obligated to make such a request in the above listed circumstances. Please
click here for more details on this subject.