■■■■■ A 2003 memorandum of understanding between Department of State and DHS outlines the duties of each agency with respect to visa issuance.
The State Department manages the visa process ( IV/NIV), as well as the consular officers and its functions on their visa line providing CFR / FAM guidance, visa policies, and procedures in consultation with DHS.
The Homeland Security Act -2002- grants DHS authority to issue CFR regulations on, administer, and enforce the INA relating to the functions of consular officers in connection with the granting, denial or revocation of visas ( IV/NIV ) abroad because a 2003 memorandum of understanding between Department of State and DHS outlines the duties of each agency with respect to visa issuance.
Here is an example of the power of one DHS /Department of State s federal rule :
July 29, 2016.
Department of Homeland Security
8 CFR Parts 103 and 212
Expansion of Provisional Unlawful Presence Waivers of Inadmissibility;
…” any individual who
was seeking an immigrant visa and
became inadmissible under the 3- or 10-
year unlawful presence bar upon
departure from the United States, could
apply for a waiver of such
inadmissibility from DHS by filing an
Application for Waiver of Grounds of
Inadmissibility, Form I–601, with
USCIS, but only after having attended
the consular immigrant visa interview
■■■Visas and Immigration Inspections at U.S. Ports of Entry. Emotions & Reactions…..
During the CBP¨exlusion and revocation process of a U.S. Visa at the U.S. Port of Entry, the natural chain of emotions and reactions that aliens experience during the immigration inspection are as follows:
1. They begin by asking themselves “Why am I here?”.
2. They try to remember if they ever had any little problem with the
police, either in the U.S.A., or in their own country, that could explain what’s
3. They try thinking of the answers they should give to the questions
4. They observe the faces, they clothes and the general appearance of the
other people who are detained with them in the “little room”.
5. They conclude that it must be a case of mistaken identity. The CBP Official
is obviously mistaking them for someone else with the same name and surname.
6. They think about their family, their friends and their work-mates, and
try to imagine their reactions.
7. They begin to send text messages to their relatives and friends
explaining what’s happening to them.
8. Then they remember that they have friends, relatives or business
associates who are waiting for them outside the airport. What are they doing?
What are they thinking?
9. They imagine that someone somewhere must have decided top play a dirty
trick on them. But why?
10. Then they begin to panic at the idea of being taken off to an
immigration detention center..
11. In complete desperation, some begin to pray.
12. They begin to feel cold and lonely and desperate.
13. They get up from the seat they were assigned and begin to shout: “This
is an abuse ! ”.
14. They begin to complain about the long hours that they’re being kept
15. When an Official finally begins to question them, they say that they
don’t understand English .
16. They then refuse to give the Official any answers to what he is asking.
17. When they finally understand the gravity of the situation, they then
begin to deny that they have violated any U.S. law.
18. They begin to fumble and stammer when they try to answer the questions
that the Official asks them.
19. They deny that the have worked illegally in the U.S.A.
20. They deny that the money they are carrying is any illicit origin.
21. They are surprised when the Oficial begins to their friends, relatives
and business associates to ask questions about them.
22. They get angry and begin to argue with the Official.
23. They insist that they be given a written report the incident.
24. They begin to threaten the Official with taking legal action against him.
25. Some people even begin to insult and want to hit the Official.
26. They insist the they be allowed to call a lawyer or the embassy of their
country in the U.S.A..
27. They say that they don’t like the food that they are offered.
8. They refuse to at or drink anything that is offered to them, even if they
29. After a long and tiring wait, they get bored and begin to watch the local
television available in some airports.
30. They agree to sign the official declaration that the Oficial has written
31. They ask for a copy of the declaration that the Official has written and
32. Finally, they begin to plead that they be returned to their country of
33. They agree to pay any fine or outstanding debt they might have in U.S.A..
34. When they are finally put on board a flight to return them to their
country of origin, they are in a state of shock from their experience
and they generally sit in total silence.
35. Later on, they suddenly have the urge to cry and shout because of the
great feeling of uselessness and frustration that overcomes them.
36. They now begin to think about what lawyer they should see to take legal
action for what has happened.
37. Some people decide to go to the local press and report the issue.
38. They decide to go immediately to the U.S. Consulate in their home town to
complain about the issue and to demand that they be given a new visa.
39. They connect to Internet with their cell-phones and try to find
information in Google about the section of the INA that the CBP Officer
has applied to them.
40. They suddenly remember that they have possessions in the United States and wonder what will happen with it.
41. When they finally land at the airport of their country of origin, they are
ashamed and afraid to find that the local police are waiting for them to
question them about what happened at the U.S. airport where they were detained.
When a person whose valid American visa has been revoked returns to his native country, he-she generally goes running to the local U.S. Consulate to apply for a new visa, as he is quite ignorant of U.S. Immigration Law and consular procedures in such cases, and discovers, to his great distress, that his visa applications are rejected, over and over again.
When a foreigner appears at a U.S. Consulate to request a new visa or renew a previous one of any sort, he must submit the application form, duly filled-in, and accompanied by the relevant documents requested, to be able to have a personal interview with a consular officer, who will then determine whether the applicant is eligible or not for the visa being requested.
The Consular Officer reviews the application form and assesses the evidence available to ensure that the applicant has no intention of staying to live and/or to work illegally in the United States. As such, there are many factors that influence the granting or renewing of an American visa.
Past and present criminal activities, within or outside the U.S., will affect visa applications or renewals at any American Consulate in any geographical region of the world, irrespective of the applicant’s economic, social, religious, or political status.
Because of misunderstandings with CBP Officials at air, land and sea-ports, or due to the incorrect handling of visa applications, entire families might sometimes be black-listed and systematically refused visas or renewals.
Many foreign company executives, for example, move to the United States to work and to live there with their families, without having obtained all the necessary immigration requirements, such as the L1 Intra-company visa, the H1 Labor visa, or a simple “Residence” visa, among others, and hope to be able to arrange these documents once they have entered the country. When they are refused such visas and must return to their countries of origin or residence to deal with their local U.S. Consulates, they sometimes find that their original visa has been revoked and that their entire family has now been refused entry to the United States.
Sanctions and consular refusals of this type seriously affect the applicant’s businesses, both in their countries of origin and in the United States, and almost always disrupt their family life, their housing arrangements and the education of their children.
By Glenn R. Morales – Dalryple