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Attorney(KOREA, U.S.A., IL.)   LEE, JAE WOOK'S OFFICE
Attorney LEE, JAE WOOK'S OFFICE   [ LICENSED TO PRACTICE IN KOREA, U.S.A., ILLINOIS ]
[개인과 기업을 위한 모든 법률문제를 서비스합니다.]
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↓   9 FAM VISAS(DOS)
↓   9 FAM VISAS(DOS)


↓  9 FAM 601.8­9 PROCEDURES FOR REQUESTING EXEMPTION FROM CERTAIN PROCESSING REQUIREMENTS

9 FAM 601.8­9
PROCEDURES FOR REQUESTING EXEMPTION FROM CERTAIN PROCESSING REQUIREMENTS


9 FAM 601.8­9(A)
US­VISIT Exemption Based on CLASS A Referral

(CT:VISA­1; 11­18­2015)
(Previous Location: 9 FAM Appendix K, 301; CT:VISA­1909; 10­01­2012)

a.         a) The Chief of Mission,
        b) Deputy Chief of Mission, or
        c) Principal Officer

1) may exempt applicants
        a) referred as Class A referrals
        b) from United States Visitor and Immigrant Status Indicator Technology
                i) (US­VISIT)
                ii) registration requirements
2) provided he or she makes the request
        a) at the time
                i) the Class A visa referral is submitted.

NOTE:

Authority
        a) to exempt persons
                i) from certain processing requirements

1) has also been delegated
        a) to the permanent representative
                i) of the United States
                ii) to the United Nations and
        b) to the Deputy Director
                i) of the American Institute in Taiwan.

b. Exemptions
        a) from US­VISIT registration requirements

1) should be rare and
2) must be processed
        a) with supporting justification.

Written justification
        a) for the exemption

1) must be submitted
        a) on Form DS­4093,
                i) Chief of Mission Waiver of Certain Processing Requirements,
                ii) which is submitted
                        A) with the Class A referral
(see 9 FAM 601.8­3(C)).

NOTE:

An exemption
        a) from US­VISIT processing requirements

1) may delay a traveler
        a) by requiring exceptional handling
                i) after they wait
                        A) in the normal immigration lines.

US­VISIT processes
        a) at primary inspections

1) are quick and unobtrusive and
2) are the norm
        a) for United States admissions,
        b) even for travelers
                i) that may meet Class A referral criteria.


9 FAM 601.8­9(B)
Procedures for Requesting US­ VISIT Exemption

(CT:VISA­1; 11­18­2015)
(Previous Location: 9 FAM Appendix K, 302; CT:VISA­1909; 10­01­2012)

a. If the COM, DCM, or PO decides a Class A referral applicant warrants a US­ VISIT exemption, he or she must submit a completed Form DS­4093, Chief of Mission Waiver of Certain Processing Requirements, as part of the Class A referral packet at the time a visa is requested or attach it to the Class A referral if the individual already has a visa. (See 9 FAM 403.5­4 for information regarding personal appearance waivers.)

b. The referred applicant must have a Consular Lookout and Support System (CLASS) name check run on him or her, and the COM, DCM, or PO must explicitly state that the individual does not pose a security risk to the United States on the Form DS­4093.

c. Subsequent processing requirements differ depending on whether the individual has a valid visa and on the results of the CLASS check as stated below.

(1) If the subject of the exemption request does not have a valid visa, then the US­VISIT exemption request (DS­4093) must be included as part of the Class A referral visa application packet (see 9 FAM 601.8­3(C) for further details on Class A referral processing).

(2) If the subject of the exemption request is in possession of a valid visa and the referral is being submitted for the purpose of a US­VISIT exemption, and no new CLASS hits are present, then procedures in paragraph c should be followed.

(3) If the subject of the exemption request is in possession of a valid visa and the referral is being submitted for the purpose of a US­VISIT exemption, and CLASS hits are present that were not present at the time of the original visa application, then the individual must reapply for a new visa and follow the procedures as a new applicant in order to be granted the exemption. It is not possible to clear the hits without a new application and required security advisory opinion (SAO), and the exemption must not be approved until the hits are cleared.

NOTE: Only individuals who meet all the requirements of a Class A referral may have a US­VISIT exemption request submitted. Individuals who do not meet Class A referral requirements cannot be processed for these
exemptions. (See 9 FAM 601.8­3(C) for Class A referral criteria.)

d. If the exemption is approved, the consular section must input the appropriate exemption code into CLASS, to notify Department of Homeland Security (DHS) Customs and Border Protection (CBP) officers that the traveler is exempt from the processing requirements specified on Form DS­4093. (See
9 FAM 601.8­9(D) for CLASS exemption codes.)


9 FAM 601.8­9(C)
Requests for US­VISIT Exemptions Without a Class A Referral

(CT:VISA­4; 11­18­2015)
(Previous Location: 9 FAM Appendix K, 303; CT:VISA­1909; 10­01­2012)

a. If the traveler in need of an exemption of the United States Visitor and Immigrant Status Indicator Technology Program (US­VISIT) requirement is not eligible for a Class A referral at post, but will be part of an official delegation's consolidated motorcade (see paragraph (b)) traveling from the arrival airport, then the traveler may be eligible for an exemption by the Deputy Assistant Secretary (DAS) for Visa Services. Submission of consolidated motorcade US­VISIT exemption cases to Washington, DC should be avoided if it is within post's ability to process the case locally. The Visa Services (CA/VO) DAS will consider these exemptions only in extraordinary circumstances and only after all possible means to exempt travelers at post have been considered.

b. The consular section at post must coordinate with the Office of the Chief of Protocol (S/CPR) and the country desk and provide the request and justification, along with the visit itinerary and list of applicants in need of the exemption, to Consular Affairs, Office of Field Operations (CA/VO/F) at least one week before the visit starts, whenever possible. The list of qualified travelers must contain correct names, dates of birth, country of citizenship, visa class, and passport number with issuance and expiration dates.

c. In order to assist Diplomatic Security, the Secret Service, and other agencies with dignitary protection responsibilities with logistical arrangements, the CA DAS for Visa Services may exempt from US­VISIT­processing requirements

travelers who are part of an official delegation's consolidated motorcade. A consolidated motorcade consists of members of the press or other visitors not traveling on A or G visas who are going directly from the arrival airport with the official delegation of a foreign government or international organization to a single location to cover/ attend a meeting or press conference. Consular Affairs authorizes this exemption to help Diplomatic Security, the Secret Service, etc. move people quickly and to keep the senior foreign government officials or other very important people (VIPs) safe. This logistical security concern is the only basis for an exemption of such travelers by the CA/VO DAS. No other justification qualifies.


9 FAM 601.8­9(D)
Communicating US­VISIT Exemptions to the Port Of Entry

(CT:VISA­1; 11­18­2015)
(Previous Location: 9 FAM Appendix K, 304; CT:VISA­1909; 10­01­2012)

a. The code for the corresponding processing requirement that is being exempted is entered into CLASS for the traveler by the consular section or, in the case of a CA/VO DAS exemption, by Information Management and Liaison (CA/VO/I). Entries into CLASS normally migrate within 30 minutes to the Department of Homeland Security (DHS) Interagency Border Inspection System. CBP officers at all ports of entry will then see that the traveler is exempt from the specified processing requirements.

b. US­VISIT CLASS Codes are:

(1) “USVX”:

Should be used for a person for a single visit. The USVX code will stay in CLASS and IBIS for three months and then self­delete.

(2) “USVY”:

Should be used for persons assigned to observer missions at the United Nations, but who do not receive “G” visas. It can also be used for representatives from the special administrative region of Hong Kong, from the Palestinian Authority, and from North Cyprus who travel frequently to the United States on official business. This code will remain valid for three years and then self­delete from CLASS.

(3) “USVZ”:

Should be used for a very limited number of persons not receiving “A” or “G” visas where it will serve United States interests for them to be exempted from US­VISIT procedures. For example, a person of international acclaim, such as a winner of the Nobel Peace Prize, may fit in this category. This code will remain in CLASS for ten years and
then self­delete.




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