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QUESTIONS AND ANSWERS REGARDING IMPLEMENTATION OF SPECIAL INT:...

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UTE6203
ORIGIN VO-03

INFO LOG-00 MFA-00 NP-00 AF-00 AIT-03 AMAD-00 AOP-00


AEX-00 AS-01 A-00 ACQ-00 CA-01 CIAE-00 COME- 00
CCOE-00 ANHR-00 WHA-00 DS-00 MEDE-00 EAP-00 EB-00
EUR-00 OIGO-00 FBIE-00 UTED-00 FBO-00 VC-00 FSI-00
H-01 TEDE-00 IO-00 MMP-00 MOFM-05 M-00 AC-01
NEA-00 NSAE-00 OIG-03 CAEX-01 PCH-13 PM-00 SCT-00
IRM-00 TEST- 00 USIE-00 SA-00 FMP-00 SDBU-00 PMB-00
DSCC-00 PRM-00 ALM-00 SAS-00 PMA-00 /032R

198510
SOURCE: DISKETTE.018141
DRAFTED BY: CA/VO/F/P:LTROST:LJT -- 11/15/01 3-1498
APPROVED BY: CA/VO:WGRIFFITH
CA/VO:CBARRY CA/VO/F:LDONAHUE CA/VO/L:SFISCHEL
CA/VO/P:LPIASCIK CA/CSD:FTURLEY CA/VO/F/S:JBRENNAN
CA/P:CLAMORA CA/VO/L/C:RBEER S/ES-0:NEBROWN
3EFA33 160045Z /38
P 160038Z NOV 01
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS PRIORITY
SPECIAL EMBASSY PROGRAM
BELGRADE POUCH c-J-
DUSHANBE POUCH
LAHORE POUCH
SURABAYA POUCH
NASSAU POUCH
NDJAMENA POUCH
PESHAWAR POUCH
JAKARTA POUCH

UNCLAS STATE 198510

VISAS -- INFORM CONSULS

E.O. 12958: N/A


TAGS: CVIS, CMGT, KFRD
SUBJECT: QUESTIONS AND ANSWERS REGARDING IMPLEMENTATION OF
SPECIAL INTERIM CLEARANCES: PART 1.

REFTELS: A) STATE 196859 B) STATE 196355

1. Department appreciates posts excellent cooperation in


the November 14th implementation of the special clearance
^procedures described in reftels. Posts have already asked
CA/VO and CA/EX/CSD a number of thoughtful questions.
These questions and answers are being circulated for the
reference of all posts. Further cables in this series
will be circulated as necessary.

2. This cable includes two important changes to previous


cable and e-mail guidance. Posts should disregard the
instruction in ref b paragraph 7 to 221(g) the records of
applicants who request their passports back during the 20
calendar-day waiting period (see paragraphs 7-8) . The
system will bounce the record from the hold queue if a
record is updated 221(g). Readjudicating as an issuance

F5I
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will cause the 20 calendar-day hold to restart. Posts


should leave the computer record adjudicated as issued
during those 20 days. Regarding Visas Eagles and other
SAOs, the 20 calendar-day waiting period will apply only
beginning for cases adjudicated November 14 and later.
Cases where SAOs were sent prior to November 14 will be
grandfathered (see paragraphs 12-14).

Does the 20-day clock begin at data entry or adjudication?

3. Question: Post uploads data from multiple sources by


RDS. Will the 20-day waiting period start after the data
is received and the case is in open status, or after a
case is adjudicated?

4. Answer: The system modification was designed to be


triggered by adjudication, so the 20 days start when the
case is print authorized. CA is looking at changing the
system to begin the 20-day waiting period at the case
creation date (or modification date), as this would allow
for more efficient workflow. VO will advise posts if this
modification is possible.

Keeping or returning passports during the waiting period

5. Question: Should post keep the applicants passports


during the waiting period?

6. Answer: Post may determine whether or not to keep


applicants passports. If post decides to return
passports as a rule or if an individual so requests,
please see the next question.

Important Modification dont use 221(g) to annotate


pending cases if you return an applicants passport

7. Question: If an applicant requests his passport


returned during the 20 calendar-day waiting period, should
post return the passport and refuse the applicant 221(g),
as per paragraph 7, State 196355?

8. Answer: No, entering a 221 (g) refusal will pull the


case out of hold status and the 20-day waiting period will
start again from the date the case is authorized. The
automatic namecheck is based on the authorize function. A
record wont go into, or will be kicked out of, the hold
queue if post refuses an application 221(g), so please
disregard earlier instructions, and leave the case as
issued. If passport is returned to the applicant pending

o
the completion of the 20-day waiting period, encourage him
to bring his passport back in as close to the 20th day as
possible and no later than 30 days later after completion
of the 20-day waiting period. (This is to mimimize open
issuable cases in the system.)

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Corrections and new waiting period

9. Question: What if post realizes during or after the


20 days that an applicants name or other biodata has been
input incorrectly? Do we have to wait another 20 days to
issue the visa?

10. Answer: Yes. If post discovers any data entry


errors once the case is print authorized and put into hold
status, it will be impossible to correct until the hold is
released. An officer (not an FSN) may delete the case in
hold status and it may be re-entered with correct data,
but the 20-day hold will recommence upon print
authorization of the new case. If case is spoiled for
data reentry after it is released from the hold status, it
will once again go into the 20-day hold once the data is
corrected and it is reauthorized for printing.

11. The surname, given name, DOB, POB, visa class, sex,
and aliases are critical fields and posts must wait the
full 20 calendar days before issuance if any of these
fields are changed. If the error is in the passport
number field, for example, post may issue by associating
the case as a category A referral to override the hold
after the initial 20 days have elapsed. (Note that only an
officer may make this association to a category A referral
category). A case remark should be made in the remarks
field to explain the action taken.

Applicants who require SAOs

12. Question: If an applicant already requires an Eagle,


a Donkey, or another SAO, does the 20 day waiting period
apply? Would cases that were in process before the 14th
be grandfathered?

13. Answer-. Cases that have received clearance through


the SAO Donkey mechanism will be exempt from the hold if
post associates the case with an SAO Donkey through the
SAO icon and updates the record to indicate that the
response to the SAO Donkey has been received (this
updating of the record to reflect receipt of a Donkey
clearance cable through the SAO screen is what triggers
the release of the hold and it is now an officer only
function).

14. In addition to the currently required 10, 15, or 30


day wait for responses on Visas Eagles, the 20-day waiting
period will apply to Visas Eagles and other SAOs because
the names will be checked differently than the Eagles are.

0
Cases where SAOs were sent prior to November 14 will/will
be grandfathered. Posts may issue such cases once the
original SAO waiting period is complete; it is not
necessary to start a new 20-day waiting period. When post
updates 221(g) records and authorizes issuance of these

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QUESTIONS AND ANSWERS REGARDING IMPLEMENTATION OF SPECIAL INT.... Page

grandfathered cases, an officer (not an FSN) should also


associate the case as a category A referral to override
the system hold and make a case remark in the applicant
screen to indicate what action was taken. For Eagles with
SAOS sent after November 14, posts should time issuance to
ft
coincide with the 20-day hold requirements.

FSOs new system responsibilities worldwide with new system


modifications

15. Question: Is it true that only FSOs can now


associate a case as a Category A referral - even cases
that don't meet the hold criteria?

16. Answer: Yes. Only FSOs can associate a record as a


Category A referral, regardless of whether the case meets
the hold criteria or not. FSNs, however, can still
associate cases as other referral categories (Category B,
Congressional or other). Also, only FSOs can update a
case through the SAO screen to reflect that an SAO Donkey
clearance cable has been received, regardless of the kind
of case it is.

Category A cases and visa annotations?

17. Question: Should I be annotating the visa in


category A cases with the phrase well and favorably
known?

IB. Answer: Nc. Please go to the remarks screen in the


applicant case record and note well and favorably known
in remarks.

C-3s and NATO visas and waiting period

19. Question: I didnt see C-3 or NATO visas listed as


exempt in Ref E. Does the 20 calendar-day waiting period
apply?

20. Answer: You may exempt C-3s and NATO applicants


from the 20 calendar-day waiting period. We will update
the system to add this exempt category. If system update
has not yet taken effect, posts may override the automatic
hold for these cases by having an officer (not an FSN)
associate the record to a Referral Category A category and
making an appropriate case remark.

Official guidance

21. Question: My host countrys Foreign Ministry has


called me in to explain these new procedures. Does the
Department have official guidance I could draw on?

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22. Answer: Draw on the press guidance provided to PAOS


worldwide. Stay general, and dont share the list of
countries affected or specify the age range targeted. You
can let the host government know certain diplomatic visas
are exempted from these requirements and confirm if your
host country is on the list.

Further comments and comments

23. Further comments are welcome and should be directed


to Laurie Trost in CA/VO/F/P (202) 663-1498. Please e-
mail or call the Support Desk (the e-mail address is
Supportdesk, CA) (202) 663-1177 with any technical
questions and copy Frank Turley in CA/EX/CSD, as well as
Laurie Trost, on e-mails sent to the CA Support Desk.
POWELL

NOTE: POUCH ADDRESSEES PROTECTED BY DRAFTER


NNNN

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