Applying for a Visa? Security Checks Likely

Along with the additional security measures being taken at our borders and with most federal agencies involved in some way or another with the granting of benefits to foreign nationals, U.S. consulates abroad have also increased their security measures when processing nonimmigrant visa applications (H, L, O, P, etc). So if you are planning on traveling abroad and applying for a visa, be ready for the possibility of spending several weeks, sometimes even several months waiting for your visa to be issued. While this may not be the case for a majority of the applications being filed, being “stuck” abroad is still a definite possibility that foreign nationals should think about before leaving the country without a valid visa that will allow them to re-enter the U.S.

These additional measures that some individuals are subjected to and that are leading to unexpected delays involve three kinds of security checks affecting nonimmigrant visa processing. If the application is flagged as a possible security concern when a consulate receives a visa application, a request is sent to the Department of State (DOS) for security clearances.

The first possible check is the CONDOR clearance. It is difficult to anticipate whether or not an individual will be subject to this security clearance since the criteria is classified. However, some of the factors that may result in a name being cross referenced through CONDOR include:

• Information disclosed on the visa application Form DS-157. Responses to questions regarding travel to predominantly Muslim countries in the last 10 years, prior employment, military service for certain nationals, and specialized skills or training.
• Country of Birth, Citizenship, or Residence.
• Individuals born in one of the seven countries currently designated as state sponsors of terrorism, Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria.
• Individuals born in one of the “List of 26” countries which the USCIS has not publicized but includes Arab and Muslim countries including: Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, the United Arab Emirates, Yemen Pakistan, Saudi Arabia, Bangladesh, Egypt, Indonesia, Jordan, and Kuwait among others.

DOS reports indicate that approximately 80% of CONDOR clearances are completed within 30 days. If a CONDOR check has been pending for over 90 days, inquiries to the DOS are recommended.

The second possible check is the MANTIS clearance. This is a “sensitive technology” alert based on whether an applicant is involved in any of the 15 categories found on the Critical Fields List (CFL) of DOS’ Technology Alert List (TAL). The TAL includes an expanded list of technologies with potential “dual-use” applications. Some of these technologies appear benign but are deemed to have potential military applications.

The list is very comprehensive and includes almost every possible associated technology or skill involving chemistry, biochemistry, immunology, chemical engineering, civil engineering and pharmacology to name a few. Having such a broad all-inclusive list means that most research scientists, physicians, academics and engineers involved in any of these fields could be subject to the MANTIS clearance. So it is very possible to run across a consular officer who will decide to err on the side of caution and obtain a MANTIS clearance prior to issuing a visa. Based on current DOS guidelines, generally, a MANTIS clearance is not warranted if the technology falls within the public domain where it is widely available to the public, or if it involves information that would generally be taught in an academic course. In addition, recently there have been reports of a substantial increase in the number of MANTIS “hits,” particularly for nationals from Russia, China and Hong Kong.

DOS reports indicate that approximately 80% of MANTIS clearances are completed within 30 days. If a MANTIS clearance has been pending for over 90 days, inquiries to the DOS are recommended.

The third possible check involves then NCIC Criminal clearance. Unfortunately, for those with common names (Gonzalez, Mohammad, Smith, etc.) false hits are occurring with increased regularity. An NCIC clearance can take four to six weeks to process. Approximately seven million names have been dumped into the system, and about half of them are Latino, resulting in a large number of false hits and delays for persons with common Latino names. If you have a common name, Third Country National processing in Mexico may be advisable at posts that have implemented a pilot fingerprint program. This pilot program allows posts to process clearances on “false” hits the same day, and clearances for positive hits in as little as two days.

Even if you have maintained a spotless immigration record and have never had more than a traffic violation, false hits are the biggest headache for unsuspecting visa applicants. Individuals with common Muslim or Latino names are almost guaranteed hits in CONDOR or NCIC.

For some an alternative may be available. It appears that some third country national applicants from the “list of 26” may be able to apply for their visas at certain Canadian consulates. However, in some cases the applicant must be prepared to wait for the final decision on their application in Canada or outside of Canada.

If you are planning on applying for your visa in Canada some of the things you should be aware of include:

• A proper Canadian visa to enter and remain in Canada or re-enter Canada is required.
• In some situations, if you are applying for a visa in the same category as previously issued, consider applying 60 days prior to the expiration of your valid multiple-entry visa. When applying for the new visa, specifically request from the Consular Officer NOT to cancel your existing valid visa so that you may use the visa to re-enter the U.S. while the security check is pending.
• Some applicants have been issued NIVs on the same day, while others had to wait approximately one to two weeks.

As for visa revalidation, the DOS now only accepts “clearly approvable” cases. Due to the security checks being conducted by the Department of State (DOS), the Revalidation Unit at the DOS Visa Office has been rejecting applications for visa revalidation. The Revalidation Unit has advised that the DS-157 form responses sometimes trigger a Visa CONDOR check. When the CONDOR is triggered, the Revalidation Unit will not issue the visa and the application is returned. If the application is returned, the foreign national must apply for the visa outside of the U.S. The individual will be subject to the CONDOR check at that time.

Unfortunately, for the time being, for a foreign national residing in the U.S. on a temporary basis, traveling abroad for a business meeting or to see family requires a little more preparation and consideration to ensure that all possible risks are addressed and considered. As various agencies and governments continue to share information and expand their database of names and security concerns to enhance our nation’s security, we hope that new and developing technology will be used as well to reduce the long wait and the dread of being “stuck” outside while an identity is verified and reverified before rejoining employers and families left behind in the U.S.

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