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News (Media Awareness Project) - US: Maze Of Rules Determines Who Gets US Visa
Title:US: Maze Of Rules Determines Who Gets US Visa
Published On:2002-07-12
Source:Register-Guard, The (OR)
Fetched On:2008-01-22 23:50:21
MAZE OF RULES DETERMINES WHO GETS U.S. VISA

WASHINGTON - A man who teaches foreigners techniques for killing U.S.
officials wants to come to the United States on an immigrant visa. Is
he ineligible.

"Possibly," a guidebook for consular officers states. But not
necessarily. In that hypothetical situation, it depends on whether
he's inciting terrorism, or just talking about it.

Another foreigner, once caught with half a marijuana cigarette and
convicted at age 19 of possession, also seeks a visa to enter the
United States. She's immediately judged ineligible.

America's rules for letting people into the country - a Byzantine mix
that takes into account old dangers such as communism, new ones such
as terrorism and the long-welcoming traditions of an open society -
are drilled into trainees at the State Department's Foreign Service
Institute in northern Virginia.

After a 26-day crash course on consular affairs that follows seven
weeks of general foreign service training, the new officials will be
deployed around the world to make snap decisions on who gets a visa.

Since the Sept. 11 attacks, carried out by 19 men who came to America
with legitimate papers, the rules have been tightened for student
visas and applications from potentially risky areas get extra scrutiny.

But the statutory basis for deciding who can come in remains largely
intact.

Steven Maloney, director of consular training, says trainees are not
told to approve fewer visas. Nor are they told, he said, to
automatically reject young Arab men who say they are coming to attend
flight or language school - the pursuits of some of the hijackers.

Yet he says he has no doubt that consular officers, using their own
discretion, reject applicants more often than before the attacks. As
he put it, " 'Abdullah. Good luck.' He's not going to language school
in the United States."

In the guidebook, one hypothetical example lays out the case of a man who
teaches courses at the Communist Political Association: "How to overthrow a
government in two short weeks," "Well-proven techniques for killing
officers of the U.S. government," and "Techniques of sabotage that won't
backfire."

Because he has not engaged in any of the activities he teaches about,
and apparently does not intend to do so, and is not a member of the
Communist Party, he might be eligible for his immigrant visa, the guide says.

But if these activities amount to "inciting" terrorism, he would be
disqualified. The trainees are told they should check with Washington
on what to do.

In another scenario, an alien lists his occupation as president of
Fund Raisers Anonymous, which turns out to do nothing but raise money
for the Communist Party.

His application would be rejected for running afoul of rules against
admitting certain people affiliated with the party.

In the case of the woman rejected for marijuana possession, the law
declares her ineligible for a visa regardless of how small an amount
she had. She might, however, be able to get a waiver.
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