| CHALLENGE |
Visa Processing and Border Security |
Findings (ISP-CA-05-58) |
- Since September 11th, the Bureau of Consular Affairs (CA) has strengthened the visa process in a number of ways. CA has eliminated waivers of personal interviews for nearly all New Immigrant Visa (NIV) applicants, first initiated by Department instruction, then codified by statute in 2004; increased and lengthened training of new consular officers to include counterterrorism training and interviewing techniques; increased CA oversight and guidance by issuing standard operating procedures (more than 80 to date); dispatched teams to review operations and ensure standard operating procedures are being complied with at select posts; updated the visa foreign affairs manual; improved mission front office oversight by requiring deputy chiefs of mission to review certain visa adjudications; strengthened the referral system; upgraded consular positions to eliminate situations where visa sections are headed by first tour officers; and added 515 additional consular positions since 2002.
- Amending section 214(b) to remove H, L and V visas from its scope created an anomaly in the law that has led to confusion among consular officers in the application of that section. In addition, converting the R visa to a petition-based visa would make it less susceptible to persons intending to harm the U.S. by allowing concerned U.S.G. agencies to conduct domestic investigations prior to petition approval.
- Foreign Affairs Manual (FAM) and standard operating procedures guidance on 214(b) are too widely scattered among different sources. Consular officers need refresher 214(b) and other visa adjudication training at FSI, including counterterrorism training, especially if they have been in non-consular assignments or in long-term training. They also need training from all agencies at post, in situ.
- It is important for the consular officer to have broad discretion, looking at the totality of the applicant's circumstances, in adjudicating visas. Codifying guidance would severely limit that discretion and would limit an officer's freedom to adjudicate the eligibility of an applicant in unforeseen and unintended ways, which would weaken rather than strengthen U.S. border security.
- Creating minimum evidentiary standards for visa eligibility would serve to narrow the focus of a consular officer's review of a case, promote worldwide markets in fraudulent documents and make it easier for potentially ineligible applicants to circumvent the law. Current practice and regulations provide the best basis for visa adjudication.
- Department of Homeland Security (DHS) and the Department have made great progress in developing and sharing information, but more needs to be done, especially the electronic transfer by DHS of all USVISIT exit data, "turnarounds" and the status of adjustments.
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| Major Recommendations |
- The Department should submit to Congress a technical amendment to section 214(b) of the Immigration and Nationality Act, restoring the H, L, and V visa categories to that section's purview but without an immigrant intent requirement.
- CA should consolidate its guidance on applying 214(b) into one chapter in the FAM.
- CA should issue more expansive guidance in the FAM on denying visas under 214(b) when an applicant does not meet the individual Section 101(a)(15) requirements of one of the NIV categories.
- The Bureau of Human Resources, with the Foreign Service Institute (FSI), should require refresher visa adjudication training if consular officers have had extended training or an intervening non-consular assignment since receiving basic consular training.
- FSI should develop training materials to make the new 214(b) guidance (04 State 274068) part of its training module on refusals.
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| Major Actions Taken or That Will be Taken |
- Congress changed Section 214 (b). CA has drafted proposed language for an amendment to section 214(b) to restore the H, L, and V NIV categories. CA is coordinating with the Bureau of Legislative Affairs to present this proposed amendment to Congress.
- CA will add a section to the FAM to consolidate and give additional guidance to consular officers on refusals. CA has already sent two cables on 214 (b) that speak to this guidance.
- CA has recently amplified 9 FAM 41.11 on refusals.
- CA and FSI will work together to make 04 State 274068 a regular part of NIV training.
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| Expected Result |
- More uniform application of section 214(b) and other grounds for refusals worldwide.
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| CHALLENGE |
Visa Processing - Visa Referral System |
Findings (ISP-CA-05-56) |
- Recent changes to the visa referral process have made it more codified, more transparent, and more accountable since the events of September 11th.
- A log of all referral cases must be kept in the NIV system with the application and accompanying documents including the referral form scanned into the consolidated consular database.
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| Major Recommendations |
- Consular sections overseas should conduct at least one study annually to ensure compliance by referred applicants with the conditions of their visas.
- Chiefs of mission and principal officers must assume responsibility for the implementation and supervision of visa referral systems at posts and should reissue the referral policy annually and certify to CA this has been done.
- Every mission should be required to submit a copy of its post referral policy to CA.
- The Department should continue to exert its principal control over the visa referral system to ensure chiefs of missions understand the importance of following referral procedures, and the consequences of undue influence.
- The Department should designate a senior-level officer to serve as an ombudsman for visa officers who feel they may be subject to undue influence at post to issue NIVs.
- Consular officers, especially those in the beginning of their careers, need further training on referral systems and dealing with possible undue influence by senior officers.
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| Major Actions Taken or That Will be Taken |
- CA has consolidated all guidance on referrals into Appendix K of the FAM and is instructing posts to conducting an annual "validation" study.
- CA has instructed Chiefs of Mission to reissue the referral policy memo annually, certify this has been done and submit a copy of its referral policy to CA.
- In an annual cable to all posts, CA reminds Chiefs of Mission of their primary responsibility for the implementation and supervision of the mission referral policy, in accordance with Department guidance and Appendix K of the FAM.
- The Assistant Secretary for CA is the ombudsman, and has designated the Managing Director of the Visa Office as an alternative contact for visa officers overseas.
- In addition to the ethics training required in the Basic Consular Course, FSI has incorporated a role-playing management module to train officers how to differentiate undue influence from appropriate actions by mission officers and to teach them how to deal with a situation of undue influence, should it arise.
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| Expected Result |
- Nonimmigrant visa adjudicating officers will be better protected against undue influence in the referral system.
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| CHALLENGE |
Border Security - Visa and Passport Fraud Prevention |
Findings (ISP-CA-05-52) |
- In the post-September 11, 2001, environment, the Department has cited fraud deterrence and prevention as key elements of its border security policy.
- Through responses from questionnaires, OIG found that too many adjudicators remain overworked and lack the time to absorb fraud prevention intelligence, indicative of the need for greater resources in this area.
- Post specific training for consular fraud detection and prevention is not well defined and OIG found there was a lack of uniformity in the training programs across posts.
- There is insufficient communication between posts, even regionally, to share intelligence or combat fraud rings operating across national borders.
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| Major Recommendations |
- The Department's leadership can improve the border security strategy by placing greater emphasis on the importance of the antifraud responsibilities and programs, and securing adequate resources and funding for related programs.
- Fraud prevention managers at post should continue to undergo rigorous training to enable them to better prioritize and carry out their responsibilities and the Department should standardized training.
- The Bureau of Consular Affairs should require regular and rigorous fraud reporting from posts and passport agencies, using a standard format, and establish a mandatory quarterly reporting schedule.
- CA should develop a way to work with Homeland Security and other pertinent Departments that would facilitate two-way sharing of all databases pertaining to visa and passport issuance.
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| Major Actions Taken or That Will be Taken |
- Together with CA, the Bureau of Diplomatic Security has developed training programs that include lessons learned from previous years.
- CA has emphasized the importance of fraud prevention programs and implemented new initiatives, including an excellent and useful fraud prevention website and a new e-room to serve as a forum to exchange fraud prevention information and document information.
- In May, the Office of Fraud Prevention Programs held a regional fraud prevention conference in Abu Dhabi. The next regional conference is planned for Panama in February 2006, with others to follow.
- CA, in concert with the Foreign Service Institute, has increased the offerings of the Fraud Prevention Manager's course from two times per year to ten times per year.
- The Office of Fraud Prevention Programs has just finished reassigning geographical areas of responsibility to its analysts and is now establishing the new reporting requirements and format.
- CA is now negotiating a Memorandum of Understanding with the Department of Homeland Security to allow for mutual access to all databases.
- FSI, in conjunction with CA, has posted on its website training for post-arrival, post-specific training. CA's Assistant Secretary and the FSI Director sent a joint cable advising posts of this new training tool.
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| Expected Result |
- Improved communication between posts, CA, DS and other agencies.
- Advanced fraud prevention training for all Fraud Prevention Managers at overseas posts.
- Increased support of Fraud Prevention Managers to identify fraud trends and techniques.
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| CHALLENGE |
Border Security — Review of Watch List Vulnerabilities |
Findings (ISP-CA-05-55) |
- Based on analysis of denied passport applications at certain Embassies, OIG found that significant portions of these cases were not entered into the Consular Lookout and Support System (CLASS) between at least 1994 and 2003. The Department has not yet identified the names of those applicants.
- The current CLASS system has adequate controls and all names that posts submitted after November 2003 seem to have been entered into the system.
- The Department has not yet reviewed the system for entering domestic passport cases into CLASS.
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| Major Recommendations |
- The Bureau of Consular Affairs should develop and implement a plan to identify all persons denied U.S. passports overseas since 1995 whose names do not appear in the Consular Lookout and Support System and enter them.
- CA should determine whether any persons denied U.S passports overseas since 1995 whose names do not appear in the CLASS have been issued passports in error and take action to revoke them.
- CA should evaluate the system for entering names of applicants denied U.S. passports domestically and make any changes necessary to ensure that it is operating properly.
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| Major Actions Taken or That Will be Taken |
- As of 2003, the Office of Overseas Citizens Services can enter persons directly into the CLASS system. Plans are underway to provide access and lookout privileges to the Passport Lookout Tracking System (PLOTS) to posts overseas.
- CA reviewed a year's worth of lookout requests, and based upon this review, has found the requests for lookout entries and deletions to have been handled appropriately. No cases have been identified requiring passport revocation action. CA informed posts of the results of this review, and has queried posts as to whether there are any cases for which passport issuance was denied, but the cases were not, or have not yet been entered into CLASS. Significant results of this query will be provided to OIG as soon as they are obtained and compiled.
- All domestic passport agencies can now enter information into CLASS directly through PLOTS. Furthermore, CA checked a random selection of cases, ranging from several years to several months old, at four passport agencies to verify that cases in which electronic requests had been made from the field agencies were indeed in Passport CLASS. The results were positive. The same type of test was conducted at our Passport Records Division, which does manual entries of Headquarters-generated refusals. Again, the results were positive.
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| Expected Result |
- All efforts undertaken to ensure complete and accurate records pertaining to U.S. passport issuance denials help strengthen our country's security by upholding the integrity of the U.S. passport. In response to the OIG recommendations, CA has improved the functioning of the lookout system. In addition, CA has now further streamlined the process so that appropriate offices can enter information directly into the relevant databases.
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