Are The Immigration Agencies Required To Do Additional Vetting?

Print Friendly, PDF & Email

What’s happened is that for anyone from any of these six countries, they are all subject to what we would call extreme or more substantial vetting. What they have to do is fill out a form that goes back 15 years. The form even asks for their social media contacts, because a lot is done on social media. Even if you have a close relative, or you have a job offer, or are exempt from the travel ban, you still have extreme vetting. That extreme vetting is not a one-minute or two-minute interview. If a US Consul wants to deny someone from any of these countries, or any other country, and they go through the extreme vetting, and the consul really can’t point to anything specific but it just doesn’t feel like they are going to return, or that they are going to be a good risk, there is sort of a catch all section called 214 (b).

This is where a consul can deny someone because they feel they don’t intend to return to their home country. When this is applied to someone from one of these six countries, it’s very hard to overcome. If a consul really wants to deny someone, they are going to do it either under the extreme vetting, stating that you don’t have one of the various exemptions, or they can deny you because they feel you won’t return back to your country.

Is The Individual Ever Required To Come Forth And Provide Additional Information?

Individuals will have to provide additional information in order to prove that they are exempt. For example, let’s say you are coming to visit a sister, then you are going to need birth certificates from both of you showing you have the same parent. If you are coming in based on a job offer, you need to have a letter from your employer. You will give this first to the US Consul, because that’s what you are going to need to get the visa. You may need that same information and documentation at Immigration when you enter the US.

Have The Immigration Authorities Stopped Scheduling Interviews For People From Those Banned Countries?

Immigration authorities have not stopped scheduling interviews for people from those banned countries. It is business as usual in regards to accepting applications. What may be happening is that there may be longer waiting lists to get an interview. In every country, you have to go to a consulate’s website to see, based on the type of visa you are applying for, what the waiting time is to get an interview once you’ve filed. Your interview could be anywhere from the next day, to several weeks out.

Have You Heard Of Any Instances Of Visas Being Revoked For These Nationals For Any Reason?

We haven’t heard of any visas that have been revoked, or EB-5s that have been revoked. Even on June 29th, which was the date that this ban went into effect of the change, it seemed like things were handled in a pretty routine matter by Immigration. We haven’t heard of any major glitches, other than we are waiting for Supreme Court to clarify the family relationships, which has included grandparents.

Does Someone With An Approved EB-5 Visa Have Anything To Worry About With The Ban?

Someone with an approved EB-5 visa doesn’t have any problem, nor should anyone whose visa was issued before June 29th. It was specifically stated that the ban didn’t apply to individuals in these situations, same as it doesn’t apply to green card holders.

Will Someone Be Subject To Additional Vetting When They Apply For Extension Or Renewal?

Individuals applying for an EB-5 visa extension or renewal are not subject to additional consular vetting, because that’s done here in the United States. For other visas, please remember this travel ban is for 90 days. We haven’t heard anything about people who had a visa that expired within the 90 days and then they reapplied for a visa. My guess is they would still get a visa, because they did have one before June 29th, but it hasn’t come up yet that we’ve heard about.

For more information on Additional Vetting By Immigration, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 477-3000 today.

Related Articles

Related Topics

Get your questions answered - call me for your free, 20-minute phone consultation (310) 477-3000