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Revoked Visas, alien misidentification and the State Dept. mission combating the threat of terrorism

By Glenn Morales
Posted Jul 30, 2010 in Travel
The State Department’s data-base on “Visa Revocations Worldwide”, which contains notifications of all alien visa revocations and their case numbers, allows the Terrorist Screening Center of the Department of Justice and the DHS-ICE-CBP Officers at ports of entry to closely monitor the “Alien Visa Revocation” cases (*) and their current status, in an effort to assist the National Security Investigation Division and the Office of Investigation’s missions to combat the threat of terrorism and to enhance U.S. national security, denying such aliens entry to the U.S.A. on “lack of a valid Non-Immigrant or Immigrant visa”, (*) even revoking, retroactively, a valid “Non-Immigrant” or “Immigrant” visa from the date of its issuance.
The State Department receive many reports on aliens from the FBI and other U.S. Federal Law Enforcement Agencies, through the Consular “System”, and the Bureau of Intelligence and Research provides classified Intelligence Agency information on terrorist threats, cross-checking important records that eventually relate to alien individuals who, although they might already hold valid “Non-Immigrant” or “Immigrant” visas, are shown to be ineligible under the previsions of the Immigration and Nationality Act.
Consular Officers are required to provide each applicant an explanation of the legal basis for denying the visa. However, if the basis for ineligibility is terrorism-under section 212 (a) (3) (B) of the Immigration and Nationality Act, as amended, the Consular Officer , would not be able to explain the reasons behind the denial because of national security grounds.
We understand that the American visa administrative processing time required to screen an alien visa application at the American Consulates abroad including the advisory opinion review is a necessary part of the visa application rather than adverse Department action.
I noted that aliens experienced problems at the Ports of entry ( airports, land borders ) because of screening by Immigration and Customs officials showed a potential match with a terrorist watch records. Because these situation, Officers take visa revocation in airports based or an interest in “information-integrity”.
Finally, an alien " misidentification ” is not adverse result for the visa applicant.
By Glenn R. Morales, Attorney at Law, Private International Law, Thompson - Dalrymple, International Law Firms, Consular Processing and Immigration Attorneys at Law since 1991. Email :, Hollywood, Florida, U.S.A. Tel.305-3819188, Caracas, Venezuela Tel. 0212-9751193.

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