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June 14, 2005 - Due to heightened security procedures
implemented at U.S. consulates and ports of entry over the
past eighteen months, travel outside the United States has
become increasingly problematic for foreign nationals who:
- Are not U.S. permanent residents;
- Are living and working in the United States; and
- DO NOT POSSESS EITHER A CURRENTLY VALID VISA OR A CURRENTLY
VALID ADVANCE PAROLE DOCUMENT.
In order to travel outside the United States and return,
such individuals must apply for and obtain a new visa at a
U.S. consulate abroad before returning to the U.S.
There are two sources for delays in applying for a new visa:
- Backlogs in scheduling an interview: Appointment
at U.S. consulates, which may range from a few days to as
much as several months. For current information on visa
appointment backlogs, see http://travel.state.gov/visa/temp/wait/tempvisitors_wait.php.
- Post interview security clearance delays: If a
timely visa appointment can be successfully booked and completed,
the applicant must then await the results of mandatory security
checks before the consulate can issue the new visa. Every
applicant will be cross-checked against undisclosed lists,
including a database of persons with criminal arrests or
convictions. While most background checks are completed
within a day to two weeks, it is quite possible for some
checks to take several months or longer to complete. Applicants
with common names are more likely to match the names of
parties who are on one of the lists; even citations for
minor offenses can be a cause of delay.
While the visa interview appointment can usually be booked
in advance and while the applicant is in the United States,
the background check is not triggered until the applicant's
passport and visa application are filed with the consulate,
so the applicant must wait outside the U.S. while the background
check is being conducted. When prolonged delays occur, significant
disruption of an applicant's ability to perform his or her
job duties in the U.S. may arise. Affected individuals
should discuss the potential risks of travel with their employers
and their attorneys prior to finalizing any travel plans.
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