Under U.S. federal law, a broad range of crimes are removable offenses, including FCPA – OFAC offense* to which the nonimmigrant alien was convicted in U.S. Criminal Courts
( * (1)Violation Of The U.S. Foreign Corrupt Practices Act “FCPA”, 2) Violation of Title 15, United States Code, Section 78dd-3, and 3) Violation of Title 18, United States Code, Section 1956(h)).
Nonimmigrant aliens normally plead guilty during FCPA – OFAC – process of trial regardless of any U.S. immigration consequences that the alien’s plea may entail, even if the consequence is the alien’s deportation from the United States or visa / ESTA refusal at worldwide American Consulates.
Deportation and Visa/ESTA consequences at U.S. Consulates abroad are the subject of a separate consular affairs proceeding in the visa line.
Statements On Specialized Security Clearance Procedures For The Review Of Visa Applicants:
“While we are committed to facilitating the travel of legitimate visitors to the United States, we consider the protection of national security the highest priority in visa matters.
The Department of State has long used specialized clearance procedures for the review of visa applications of individuals whose proposed activities in the U.S. may have security-related or other concerns.
These procedures are carried out by the State Department at the request of and in coordination with other Federal agencies.
This is known as the security advisory opinion process. The purpose of the additional review is to focus on serious issues such as hostile intelligence activity, potential terrorist threats, and diversion of sensitive U.S. technology.
A relatively small number of non-immigrant visa applications, less than 3% of our workload, are submitted by consular officers overseas to the Department of State for Washington-level screening by federal intelligence and law enforcement agencies “
@ J. Jacobs
EAR #ITAR, #OFAC #FCPA
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