t5 b63 ig materials 1 of 3 fdr- 11-21-02 anderson memo re 11-6-02 wolf inquiry 432

8/14/2019 T5 B63 IG Materials 1 of 3 Fdr- 11-21-02 Anderson Memo Re 11-6-02 Wolf Inquiry 432

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SENSITIVE BUTUNCLASSIFIED

November 21,2002MEMORANDUMTO: IG Mr. Clark Kent ErvinTHRU: OIG/ISP Robert PetersonFROM: OIG/TSP/CE Charles A. AndersonSUBJECT: Congressman Wolfs Inquiry of 11/6/02This memorandum provides background information for today's 2 pm discussion sessionregarding an appropriate response to Congressman Frank Wolfs letter.The Congressman's request essentially focuses on a review ofdetails surrounding theissuance of visas to the September 11 terrorists. To a large degree the October GAOReport onBorder Security has already covered much of this ground. An area of concernnot adequately covered by the report is the role ofAmbassadors and DCMs inencouraging andpressuring visa officers to issue visas "for political reasons." Thisdirectly involves post management atJeddah and Riyadh, which apparently created anatmosphere of intimidation encouraging the across-the -board issuance of visas to Saudinationals.In order to proceed with our inquiry we plan to:

Consult with GAO and review their files related to Wolfs specific questions. Review with CA/VO the accepted andexisting visa procedures in place prior to

September 11th. Discuss with the Congressman's staffers which specific issues he wants covered. Perhaps reinterview those visa officers whoissued visas to the terrorists (at least

one has now hired an attorney to defend her interests). Perhaps conduct site visits to theposts at which thevisas were issued (Jeddah,

Riyadh, Abu Dhabi, Dubai and Berlin)

r


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INA Section 222(b) Every alien applyingfor an immigrant visa shall present a valid unexpired passportor other suitable travel document, or document of identity and nationality, if suchdocument is required under the regulations issued by the Secretary of State. Theimmigrant shall furnish to the consular officer withhis application a copy of acertification by the appropriate police authorities stating what their records showconcerning the immigrant; a certified copy of any existing prison record, military record,and record of his birth; and a certified copy of all other records or documentsconcerning him or his case which may be required by the consular officer. The copy ofeach document so furnished shall be permanently attached to the application andbecome a part thereof. Li the event that the immigrant establishes to the satisfaction ofthe consular officer that any document or record required by this subsection isunobtainable, the consular officer may permit the immigrant to submit in lieu of suchdocument or record other satisfactory evidence of the fact to which such document orrecord would, if obtainable, pertain.(c) Every alien applying for a nonimmigrant visa and for alien registration shall makeapplication therefor in such form and manner as shall be by regulations prescribed. Inthe application the alien shall state his full and true name, the date and place of birth, hisnationality, the purpose and length of his intended stay in the United States; his maritalstatus; and such additional information necessary to the identification of the applicant,the determination of his eligibility for a nonimmigrantvisa, and the enforcement of theimmigration and nationality laws as may be by regulations prescribed. At the discretionof the Secretary of State, application forms for the various classes of nonimmigrantadmissions described in section 101(a)(15) may vary according to the class of visa beingrequested.(d) Every alien applying for a nonimmigrant visa and alien registration shall furnish tothe consular officer, with his application, a certified copy of such documents pertainingto him as may be by regulations required.(e) Except as may be otherwise prescribed by regulations, each application for animmigrant visa shall be signed by the applicant in the presence of the consular officer,and verified by the oath of the applicant administered by the consular officer. Theapplication for an immigrant visa, when visaed by the consular officer, shall become theimmigrant visa. The application for a nonimmigrant visa or other documentation as anonimmigrant shall be disposed of as may be by regulations prescribed. The issuance ofa nonimmigrant visa shall, except as may be otherwise by regulations prescribed, beevidenced by a stamp, or other I I placed in the alien's passport. ,.22 CFR Sec. 41.103 Filing an application and Form OF-156.(a) Filing an application(1) Filing of application on Form OF-156 required unless waived. The consular officerm ay waive submission of an application, under paragraph (a)(3) of this section, forcertain aliens for whom personal appearance has been waived under Sec. 41.102. Except


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for persons for whom such waivers have been granted, every alien seeking anonimmigrant visa must make application therefor onForm OF-156, Nonimmigrant VisaApplication, unless a prior Form OF-156 is readily available at the consular office whichcan be appropriately amended to bring the application up to date.

(2) Filing of Form OF-156by alien under 16 or physically incapable. The applicationfor an alien under 16 years of age or one physically incapable of completing anapplication may be completed and executed by the alien's parent or guardian, or, if thealien has no parent or guardian, by any person having legal custody of, or a legitimateinterest in, the alien.(3) Waiver of filing of application, (i) When personal appearance is waived underSec. 41.102(a)(2) or (3) the consular officer may also waive the filing of a visaapplication.(ii) When personal appearance is waived under Sec. 41.102(a)(7), the consular officermay also waive the filing of a visa application in cases of hardship, emergency, ornational interest.(iii) Even if personal appearance is waived pursuant to any other subparagraph of Sec.41.102 (a), the requirement for filing an application may not be waived.(b) Application form-(1) Preparation of Form OF-156, Nonimmigrant Visa Application, (i) The consularofficer shall ensure that Form OF-156 is fully and properly completed in accordancewith the applicable regulations and instructions.(ii) If the filing of a visa application is waived by the consular officer, the officer shallprepare a Form OF-156 on behalf of the applicant, using the data available in the passportor other documents which have been submitted.(2) Additional information as part of application. The consular officer may requirethe submission of additional necessary information or question an alien on any relevantmatter whenever the consular officer believes that the information provided in Form OF-156 is inadequate to permit a determination of the alien's eligibility to receive anonimmigrant visa. Additional statements made by the alien become a part of the visaapplication. All documents required by the consular officer under the authority of Sec.41.105(a) are considered papers submitted with the alien's application within the meaningofINA221(g)(l).(3) Signature. When personal appearance is required, Form OF-156 shall be signedand verified by, or on behalf of, the applicant in the presence of the consular officer. Ifpersonal appearance is waived, but the submission of an application form by the alien isnot waived, the form shall be signed by the applicant. If the filing of an application formis also waived, the consular officer shall indicate that the application has been waived onthe Form OF-156 prepared onbehalf of the applicant, asprovided in paragraph (b)(l)(ii)of this section. The consular officer, in every instance, shall initial the Form OF-156 overor adjacent to the officer's name and title stamp.


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(4) Registration. Form OF-156, when duly executed, constitutes the alien'sregistration record for the purposes of INA 221(b).

9 FAM 41.103 Interpretive NotesNl FormDS-156(TL:VISA-183; 12-18-1998) FormDS-156, Nonimmigrant Visa Application, is theapplication form prescribed underINA 222(c), and is also used as an index card.Nl .2 Retention ofForm DS-156(TL:VISA-183; 12-18-1998) See Appendix F, 101, for instructions on the retentionand disposition of Form DS-156.N2 Applicant to Provide All Names by Which KnownN2.1 Applicant's Names to Be Entered onForm DS-156(TL:VISA-2; 8-30-87) An applicant's first, middle and family names should be recordedon FormDS-156 exactly as they appear in the applicant's passport. In addition, theapplication should include any other names by which the alien has ever been known; forexample, maiden, religious, or professional name, or aliases. Theapplicant's name mustalso be provided, not only in English phonetics, but also in the native linguisticcharacters, that is, Chinese, Arabic, etc., if required for clearances.N2.2 All Names to be Included in Advisory Opinion Requests(TL:VISA-2; 8-30-87) All names bywhich an alien has been known should be includedin reports or requests for advisory opinions submitted to the Department.N3 Application by Alien Unable to Write(TL:VISA-183; 12-18-1998) If the applicant is illiterate or is, otherwise, unable toprovide a signature, the placing of the applicant's mark in the space provided onFormDS-156 for signature is acceptable, if done in the presence of the consular officer.N3.1 WhenDS-156 Completed by Other Than Applicant(INSERTS 5) The DS-156 for an alien under 16 years of age, or one who is physicallyincapable of completing an application, may be completed and executed by the alien'sparent or guardian. If the alien has no parent or guardian, then the DS-156 may becompleted by any person having legal custody of, or a legitimate interest in, the alien.N4 Consular Officer Must Initial Application ,(TL:VISA-2; 8-30-87) The examining consular officer is required to initial allapplication forms. The initials indicate that the initialing officer determined theeligibility and proper classification of the applicant, unless the visa is refused and anotation of the refusal is made on the application.


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N5 Instituting a Written Reapplication Policy(TL:VISA-183; 12-18-1998) Posts, which receive numerous reapplications frompersons recently refused under IN A 214(b), may request the Department's concurrence toinstitute a written reapplication policy. In accordance with this policy, an applicant whohas been refused under INA 214(b) may not reapply in person for one year. A limitationof two years can be granted to posts in special circumstances. Thenumber of writtenreapplications a person may submit should not be limited. [See 41.121 PN1.2.]

(TL:VISA-183; 12-18-1998)41.103 Procedural NotesPN1 Form DS-156, Nonimmigrant Visa ApplicationPN1.1 Use and Filing ofForm DS-156(TL:VISA-183; 12-18-1998) Form DS-156, Nonimmigrant Visa Application, is theapplication form prescribed under INA 222(c). When the application section of FormDS-156 is detached from the rest of the form, it is the appropriate size for filing in thepost's consolidated visa index card file. In addition to information concerning theissuance or refusal of the visa, the following information is to be included on the form inthe block reserved for office use:(1) Record of clearances obtained, including the dates;(2) Record of revocation and cancellation of visa;(3) Any further information which would be helpful in reaching a decision if the alien'sreapplies for a visa (i.e., a note that the applicant is well and favorably known to theconsular officer might eliminate theneed for requests for other evidence of eligibility);and(4) Record of re-issuance of visa.PN1.2 Supplemental Data to Determine Eligibility(TL:VISA-183; 12-18-1998) If additional data is needed to supplement the informationcontained on Form DS-156 so that the consular officer can determine the eligibility of anapplicant, such data should be obtained by telephone, mail, or during the interview. Inrare cases, the consular officer may find it necessary to have the applicant execute anaffidavit (in the consular office, if possible) to supply crucial data. Pertinent informationshould be recorded on Form DS-156 or in an informal memorandum to be filed with anypertinent documentary evidence submitted by the applicant.PN1.3 Affixing Photograph to Form DS-156(TL:VISA-183; 12-18-1998) Posts should staple, not glue, photographs to Form DS-156. [See41.113PN1.2].PN2 Translating Visa FormsPN2.1 Authorizing Translation of Form DS-156(TL: VIS A-183; 12-18-1998) The Department has authorized posts to translate FormDS-156 locally and without prior approval of the Department, provided that anytranslation accurately conveys the English language text. Posts must forward a copy ofthe translation to the Department (CA/VO/F/P). In a country with two or more officiallanguages, posts may print Form DS-156 in each language.PN2.2 Availability of Translations of Form DS-156


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(INSERTS 5)Posts may request camera-ready copies of Form DS-156 in other languagesfrom the posts indicated below:LANGUAGE POSTArabic CairoChinese Hong KongDutch AmsterdamFrench ParisGerman BonnPortuguese LisbonRussian MoscowSerbo-Croat BelgradeSpanish Buenos AriesNOTE: Mexico City will furnish copies for Mexican posts.PN3 Authorizing Printing and Distribution of Form DS-156PN3.1 Posts May Print Bu t Not Change Form DS-156(TL:VISA-47; 8-30-91) Posts are authorized to reproduce or print Form DS-156 locally.However, they are not authorized to make anychanges in either the wording or theformat of this form.PN3.2 Furnishing Form DS-156 to Transportation Companies and Travel Agents(TL:VISA-47; 8-30-91) Posts mayprovide Form DS-156 to transportation companiesand reputable travel agents.PN3.3 Printing of Form DS-156 by Transportation Companies(TL:VISA-47; 8-30-91) Some shipping companies and airlines maywish to print FormDS-156 for use by local travel agents. There is no objection to this, provided that they donot change the text and format in any manner. Moreover, advertising is not permitted onForm DS-156. [See 41.103 PN4.]Before approving Form DF-156, posts must checkprinter's proofs to ensure that the wording and format are correct.PN4 Regulations Prohibiting Private Advertising on Government Forms(TL:VISA-183; 12-18-1998) Government printing regulations provide that:"...no Government publication or other Government printed matter, prepared or producedwith either appropriated ornon-appropriated funds, or identified with an activity of theGovernment, shall contain any advertisement inserted by, or for any private individual,firm, or corporation; or contain material which implies in any manner that theGovernment endorses or favors any specific commercial product, commodity or service."Permitting the name and address of any carrier or travel agent, or any private commercialslogan to appear on Form DS-156 would represent a violation of the regulation, even ifthe form were printed atprivate expense.(TL:VISA-47; 8-30-91)


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9 FAM PARTIV Appendix D,200 CLASS (CONSULAR LOOKOUT AND

SUPPORT SYSTEM)(TLVISA-267; 04-25-2001)

9 FAM 201 CLASS FEATURES(TLVISA-119; 7-3-95)

CLASS is the Department's name-checking system for visa andpassport applications. It replaced the Automated Visa Lookout System(AVLOS) in March 1991. CLASS is installed on the Department's mainname-check computer at the Beltsville facility and is accessed by posts viatelecommunications lines. The system is designed to interconnect with allCA automated systems at a post that requires name-checks. The names ofall passport and visa applicants must be checked against the names in theappropriate CLASS file. CLASS contains two data files and also supports arefugee information entry sub-system. CLASS features are describedbelow.9 FAM 201.1 Visa Data Base(TLVISA-119; 7-3-95)

The CLASS visa database contains the names of aliens for visa namechecking. An individual's name in CLASS indicates that information existswhich may be germane to the application. While this information is oftenderogatory, it is not always. Therefore, CLASS users must understand andbe able to interpret the information CLASS provides. Information in the visaportion of the CLASS name files should be used only in accordance withthe confidentiality provisions of INA 222(f).9 FAM 201.2 Passport Name File(TLVISA-119; 7-3-95)

The passport name file contains the names of U.S. citizens for whomthe U.S. Passport Office maintains lookouts. Privacy Act restrictions applyto information obtained from this file. The names of U.S. citizens, are notincluded in the CLASS visa database and must not to be checked as part ofthe visa name-check procedure.

9 FAMPART IVAppendix D -Page 1 of 9


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9 FAM 2013 Refugee InformationEntry Sub-system(TUVISA-119; 7-3-95)

The Refugee Information Entry Sub-system transmits, via CLASSmessage, refugee data used by those agencies responsible for refugeecase processing domestically and abroad. The information is sent after arefugee application has been approved and an alien number assigned tothe refugee. The data are then passed to the refugee case processingagencies for their use.9 FAM 202 CLASSPROCEDURES FORON-LINEPOSTS(TLVISA-119; 7-3-95)

A post is termed "on-line" when the consular section has direct accessthrough communication lines to the CLASS computer in the Department.Access to CLASS can be either via a telex terminal or via consularcomputer-assisted programs such as the Immigrant Visa Applicant ControlSystem (IVACS), the Nonimmigrant Visa Computer-Assisted ProcessingSystem (NIVCAPS) or the Teletype Replacement Program (TTYREP). On-line posts must check each nonimmigrant and immigrant visa applicant'sname through CLASS before visa issuance. When CLASS is notoperational, on-line posts must make the required name-checks with thevisa lookout microfiche or delay further action until CLASS is againfunctioning.9 FAM202.1 Name-Checking(TLVISA-119; 7-3-95)

Posts must use the routine visa name-check message which transmitsthe visa applicant's name, date, and place of birth via telecommunicationslines directly to the Department's computer. CLASS will respond with amessage indicating either no record or a "hit" if the name appears inCLASS. The operator must give a positive response to the interviewingconsular officer for review to determine the relevance of the "hit."9 FAM 202.2 Entering Refusals9 FAM202.2-1 AliensDeniedVisas

^(TLVISA-119; 7-3-95)a. On-line posts should enter refusals directly into the CLASS visadatabase. The adjudicating post must enter the data relating to allapplicants who have been denied visas, except for the following:



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(1) Those denied under INA 221 (g); and(2) Those on whom the Department has rendered a security advisoryopinion and has found sufficient evidence for a determination of ineligibilityunder INA212(a)(3)(A), (B), or (C) . The Department will enter such cases

into CLASS directly.b. Duplicate Category One refusals should not be entered into CLASS.

Duplicate Category Two refusals should not be entered more frequentlythan every 6 months. Specific information on refusal codes and retentionperiods is included in the Miscellaneous Consular Systems (CX) User'sManual, which CAA/0 updates and distributes as necessary. [Also see 9FAM PART IVAppendix D,Exhibit I for visa refusal and lookout codes.]9 FAM 202.2-2 Potentially Ineligible Aliens(TLVISA-119; 7-3-95)

Aliens who may apply for visas at some future time, and who theconsular officer has reason to believe might be excludable under a groundof ineligibility other than INA 212(a)(3)(A), (B), or (C), may be entered intoCLASS using the appropriate quasi-refusal code shown in 9 FAM PART IVAppendix D, Exhibit I. Information on possible terrorists who may besubject to INA 212(a)(3)(B) should be immediately submitted to theDepartment via the "VISAS VIPER" procedure for possible inclusion of thealiens as DPT-00 CLASS entries. A "VISAS DONKEY" security advisoryopinion request should be submitted on aliens potentially excludable underINA 212(a)(3)(A) or (C), again for possible entry into CLASS under theDPT-00 code. The "VISAS DONKEY" telegram in these cases shouldclearly indicate that the information pertains to a potentially ineligible alien,rather than an actual visa applicant. If a potential security case is timesensitive, on-line posts should immediately enter the alien's name inCLASS under code L (formerly code 45), and should add "possible DPT-00"in the free field, pending the Department's action on the "VISAS VIPER" or"VISAS DONKEY" telegram.9 FAM 202.3 NewIneligibility Classes(TLVISA-119; 7-3-95)

The 1990 Act restructured and redefined the ineligibility grounds,effective June 1, 1991. Most are roughly comparable to the predecessorINA 212 provisions except for designations, but there are also certainnuance differences that preclude simply converting all old code citationsinto the new code series. See 9 FAM PART IV Appendix D, Exhibit I forchart correlating old, interim, and new refusal codes.

9 FAMPARTIV AppendixD -Page 3 of 9


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9FAM202.4 Corrections(TLVISA-119; 7-3-95)

If an incorrect entry is made, posts should send an update message withthe correct information as soon as possible. Posts should also send adeletion (CLOK) telegram promptly to the Department (CA/VO) withsufficient data to identify and justify deletion of the incorrect entry. [See 9FAM PART IV Appendix D, 204 below for detailed informationon deletions.]9FAM202.5 Other Messages(TLVISA-119; 7-3-95)

On-line CLASS posts may communicate with other on-line posts and theDepartment using the CLASS administrative message capability (eventhrough the TTYREP function at post) which channels messages throughthe Department's computer. For details of passport name-check messagesand other CLASS messages mentioned above, see the MiscellaneousConsular Systems (CX) User's Manual.9 FAM 203 PROCEDURES FOR POSTSNOT ON-LINE9 FAM203.1 Name-Checking(TLVISA-119; 7-3-95)

For posts not included in the CLASS electronic network, a subset of theCLASS visa database is reproduced on the visa lookout microfiche which isdistributed quarterly. Consular officers at posts not on-line must ensure thatall visa applicants are checked against the latest available edition of thevisa lookout microfiche.9 FAM203.2 Entering Refusals9 FAM203.2-1 Aliens Denied Visas(TLVISA-119; 7-3-95)

a. Posts not on-line must submit their refusals to the Department forinclusion in CLASS by means of a CLOK visa lookout cable. All visa denialsmust be reported to the Department via a CLOK telegram except for thefollowing categories, which should not be submitted:(1) Those under INA 212(e), 221(g), 214(b), and 212(a)(7)(B); and(2) Those which result from a security advisory opinion rendered by theDepartment finding sufficient evidence for a determination of ineligibilityunder INA 212(a)(3)(A), (B), or (C). Such cases will be entered into CLASSdirectly by the Department.

9 FAMPART IVAppendixD -Page 4 of 9


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b. Posts should handle duplicate entries in accordance with theprocedures outlined in 9 FAM PART IV Appendix D, 202.2-1 b above.Instructions for preparing CLOK telegrams arejncluded in 9 FAM PART IVAppendix E, 302 Correspondence.9 FA M 203.2-2 PotentiallyIneligible Aliens(TLVISA-119; 7-3-95)

Posts must submit CLOK telegrams on aliens who may apply for visasin the future and who are potentially ineligible. In such cases, posts shoulduse the appropriate quasi-refusal code shown in 9 FAM PART IV AppendixD, Exhibit I, except for aliens possibly excludable under INA 212(a)(3)(A),(B), or (C). Information on potential terrorists possibly subject to INA212(a)(3)(B) must be submitted immediately by means of the "VISASVIPER" procedure rather than by CLOK telegram. Requests for CLASSentries on aliens potentially ineligible under INA 212(a)(3)(A) and (C) mustbe sent via a "VISAS DONKEY" SAO request which must clearly indicatethat the information pertains to a potentially ineligible alien and not anactual visa applicant. In all cases involving possible INA 212(a)(3)(A), (B),or (C) ineligibility, posts should request that the Department considerentering the alien under the DPT-00 code.9 FAM 203.2-3 IncompleteInformation(TLVISA-119; 7-3-95)

Consular officers should normally request new CLASS entries onlywhen all required information has been obtained (name, including aliases,date and place of birth, and refusal code). However, if there are specialcircumstances making timely inclusion of the name critically important, allavailable information should be sent promptly to the Department by VISASCLOK, VIPER, or DONKEY telegram, as appropriate. If completeinformation is later obtained and the consular officer considers thatinclusion in CLASS is still warranted, the officer should send a CLOKtelegram to the Department requesting that the entry be corrected. If laterinformation indicates that inclusion in CLASS is not warranted, the officershould send an appropriate CLOK deletion telegram [see 9 FAM PART IVAppendix D, 204 below].9 FAM 203.3 Corrections(TLVISA-119; 7-3-95) *

Correction telegrams must include both the correct information and theincorrect information that currently appears in CLASS.The message shouldrequest that the new information be entered into the system and that theincorrect information be deleted. The telegram format in 9 FAM PART IVAppendix E, 302 Correspondence,CLOK must be followed.

9 FAM PART IV Appendix D-Page 5 of 9


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9FAM204 DELETIONS(TLVISA-119; 7-3-95)

The Department makes all deletions from CLASS. Deletion requestprocedures are the same for all posts and require submission of a CLOKtelegram from post. The cable should specify the alien's name, aliases,date and country of birth, and the CLASS refusal code under which thealien was entered. The message must also include sufficient information topermit the Department to make an informed decision as to whether thedeletion is justified. Certain deletions require the submission of an advisoryopinion request. Posts should not routinely request a manual deletion ofCategory Two refusals as they are automatically purged 1 or 2 year(s) afterentry. Deletion procedures required for different categories of refusals aredescribed in Q FAM PART IV Appendix D, 204.4 below.9FAM204.1 Routine Deletions(TLVISA-119; 7-3-95)

All posts should telegraphically request the Department to deleteCategory One entries from CLASS if any of the following circumstancesapply:(1) The original finding for the entry was in error,(2) The post has evidence that the applicant has died;(3) The alien, after having been included because of ineligibility underINA 212(a)(3)(D)(i) or its predecessor, is found no longer to be subject tothat provision under INA 212(a)(3)(D)(ii) or (iii) because the membershipeither was involuntary or has been terminated and the alien is no threat tothe United States, or, although subject to the provision, the alien has beengranted relief under INA212(a)(3)(D)(iv); or(4) The alien has been granted relief under INA212(c), (g), (h), or (i) orby enactment of a private immigration bill.

9 FAM 204.2 Deletions of Entries Relating to Security Grounds ofRefusal(TLVISA-119; 7-3-95)

Posts must submit for a security advisory opinion any requests fordeletion of refusals under any paragraph of INA 212(a)(3) (and thepredecessor paragraphs (27), (28), (29), and (33)) and quasi- refusalsunder old refusal codes 77, 78, 79, and 83 or the new "P3" series. Entriesunder these codes and codes 00 (on-line) and DPT-1 (on microfiche) will bedeleted only after the Department renders a favorable security advisoryopinion.



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9 FAM 204.3 Deletions of Other Category OneEntries(TLVISA-119; 7-3-95)

Requests for deletions of other CategoryOne entries must be supportedby sufficient justification to merit deletion. Deletions will be made only afterthe Department (CA/VO) concurs in such action.9 FAM 204.4 Automatic Deletions from CLASS(TLVISA-119; 7-3-95)

a. Each year, CLASS produces printed lists identifying all Category Oneentries designated for automatic removal using the criteria below. Theselists are furnished to the entering posts to review before the entries aredeleted. (Lists of Category Two refusals automatically purged are notproduced.) Posts not on-line should promptly resubmit as "newentries" anynames on the list which should be reentered into CLASS. On-line postsmay reenter such names directly into the system via an update messageusing a current refusal date.b. The purge criteria are:(1) Category One refusals under INA 212(a)(1), (2), (3), (6), (C) and(E), and (8), as redesignated in Pub. L. 101-649 effective June 1,1991, areautomatically purged from the system when the subject reaches 90 (or, for(3)(E), 100) years of age, and at least 10 years have passed since the dateof the last visa activity. Refusals under INA 212(a)(6)(B) (former (17)) arepurged after 5 or 20 years depending on circumstances.(2) Category Two entries are automatically purged from the computer 1

or 2 years after the date of original entry, depending on the grounds otrefusal. [See Appendix A, Table A-2 of the Miscellaneous ConsularSystems (CX) User's Manual for additional details on automatic deletions.]

9 FAM PART IVAppendix D -Page 7 of 9


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9 FAM 204.5 Requests from the Public for Removal of Entriesfrom CLASS(TLVISA-267; 04-25-2001)

The Department has prepared a standard letter that may be given tomembers of the public who ask to have CLASS entr ies removed (see 9FAM Part IV Appendix D, Exhibit I) . United States citizens and lawfulpermanent resident al iens may have the ir names removed from CLASS bysubmitting their request in writing to:

Chief, Systems Liaison and Procedures DivisionVisa Office U.S. Department of StateWashington, D.C. 20522-0113.Proof of U.S. citizenship or LPR status must be submitted with therequest. This proof should consist of a copy of one of the following

documents: U.S. passport, Certificate of Naturalization, Alien RegistrationCard (Form 1-551), or Re-Entry Permit (Form 1-132). Other forms of proofmay be acceptable if they clearly establish that th e subject of a CLASSentry is an U .S. citizen or lawful perma nent resident alien.Inquiries concerning removals of entries in CLASS made by a ForeignSe rvice P ost for subjects wh o are neither U.S. citizens nor LPRs should bedirected to the Foreign Service Post that made th e entry. Inquiries aboutentries in CLASS made by other agencies should be directed to theconcerned agency.CLASS entr ies made by Foreign Service Posts and the Department aresubject to the confidentiality provisions of INA 222(f). Entries made inCLASS that originate with the Immigration and Naturalization Service areconsidered to be law enforcement information and should not be discussedor disclosed to public.

9 FAM 205 MANAGEMENT PROCEDURES FORCLASS9 FAM205.1 Name-checking(TLVISA-119; 7-3-95) f

Supervisory consular officers must establish procedures to ensure thatall visa applicants' names are checked against the CLASS database asspecified in 9 FAM PART IV Appendix D, 202 and 9 FAM PART IVAppendix D, 203.1 above.



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9FAM205 .2 Entry of Visa Refusals(TLVISA-119; 7-3-95)

Supervisory consular officers must ensure that the names of applicantsrefused visas are entered into CLASS under the appropriate refusal code,either directly at on-line posts or via lookout telegrams for posts not on-line.

9 FAM PART IV Appendix D -Page 9 of 9


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9 FAM 41.102 Notes(TLVISA-327; 10-17-2001)

9 FAM41.102 Nl Personal Appearanceand Interview(TLVISA-327; 10-17-2001)

Section 222(e) of the Immigration and Nationality Act, as well as 9 FAM41.101 N3 and 9 FAM 41.102 A /2 cover th e general requirement that allaliens applying for a nonimmigrant v isa appear before, and be interviewedby a consular officer, unless th e consular officer waives th e personalappearance. The consular officer shall determine, on the basis of theapplicant's application and interview:(1) The applicant's eligibility to receive avisa,and(2) The proper nonimmigrant classification of the visa applicant.

9 FAM41.102N2 Waiver of Personal Appearance(TLVISA-327; 10-17-2001)Waiver of the applicant's personal appearance does not relieve theconsular officer from responsibility for the final decision. A personalappearance may bewaived, at the consular officer's discretion, in the caseof a nonimmigrant visa applicant who:(1) Is under 14years of age;(2) Is classifiable under the visa classification symbolsA, B, C-1, G,

H-1,lorNATO;(3) Makes application for a diplomatic or official visa;(4) Is classifiable under the visa classification symbol J-1, and whoqualifies as a leader in a field of specialized knowledge or skill. The J-1

visa applicant must also be the recipient of a U.S.Governmentgrant, andhis or her spouse and children must qualify as J-2 visa holders;(5) Is an aircraft crewmanclassifiable under INA 101(a)(15)(D). Theapplication must be supported by a letter from the employing carrier

certifying that the applicant is employed as an aircraft crewman;and < (6) Satisfies the consular officer that a waiver is warranted in thenational interest, or because of unusual circumstances, including hardship

to the visa applicant.

9 FAM 41.102 NotesPage 1 of 3


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9 FAM 41.102 N6 Additional ApplicationRequirements(TLVISA-186; 03-25-1999)

The waiver of an applicant's personal appearance is not intended tochange the requirements and standards of existing regulations andinstructions with regard to security checks, visa classification, number ofentries, and validity of visas.

9 FAM 41.102 Notes Page 3 of 3

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