NOTICE FROM THE AILA DEPARTMENT OF STATE LIAISON COMMITTEE prepared by Kathleen Campbell Walker, chair

On Monday, Dec. 3, after test runs, the MINACS contractor, which schedules third country national appointments for Canadian posts and certain Mexican posts (Juarez, Matamoros, and Tijuana), was back in business scheduling appointments. The system is not the same. The system does still utilize either 900-443-3131 or www.nvars.com to make appointments. This system covers the following posts: Calgary, Ciudad Juarez, Halifax, Matamoros, Montreal, Ottawa, Quebec, Tijuana, Toronto, and Vancouver. I have checked the system as of 1:00pm MST and only Calgary, Ciudad Juarez, Halifax (1 appointment), and Vancouver have openings in December. [PLEASE NOTE THAT MATAMOROS AND QUEBEC DO NOT TYPICALLY ACCEPT APPOINTMENTS THROUGH MINACS.]

The changes in the system reflect the good faith attempts by the State Department to get the system back up after the imposition of Special Processing Requirements ("SPR") upon certain nationalities post September 11. These requirements were discussed in the November 9, 2001 Daily Briefing of the State Department, which is posted on Infonet. Further information about this announcement was published in the November 10, 2001 New York Times article entitled, "Longer Visa Waits for Arabs; Stir Over U.S. Eavesdropping." This article indicated that males between the ages of 16 to 45, who are nationals of certain countries, were subject to a 20 day security check wait. This procedure is not new. For example, certain Iranians have been subject to a Visas Eagle check, which is now only valid on a per visa entry basis and takes 30 days. It is important to recall the June 23, 2001 Department of State Telegram outlining special processing requirements, which is also posted on Infonet as to other countries as well as the List of 26* to evaluate case clearance issues.

This new 20 day check allegedly applies to the following countries: Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, the United Arab Emirates, and Yemen. We have heard of examples of females being subject to these requirements as well as other countries such as Bangladesh, but we are not certain if such rumors are based on the misapplication or application of this procedure. Please note that this list could also change. Please also note you cannot rely on the newspaper articles for accuracy as to the countries impacted by this policy. Some countries may be inaccurately listed or others inadvertently omitted. You must wait the five business days to figure this out. That is why we need you to report your experiences to us.

The MINACS system was shut down as well as the Teletech system due to this new SPR policy. The Teletech system is used in Mexico to make appointments at Mexican posts not covered by MINACs. Mexico City is in charge of this procedure. Teletech may have to be revised further to allow appointments. We are waiting on confirmation from the Minister of Consular Affairs in Mexico City as to her approach.

As to the appointments through MINACS, now, applicants are advised to wait five business days after scheduling before making airline reservations or other travel plans to determine if they will be contacted by phone or e-mail to cancel the appointment. Those not contacted in this time frame have appointments.

Behind the scenes, each day MINACS forwards to the applicable posts lists of those scheduled. An officer at each post reviews the list to determine who would be subject to the wait. If subject, your appointment is cancelled. THUS, WHAT IS HAPPENING IS THAT BORDER POSTS ARE NOT BEING USED FOR THESE LIST OF 26* CASES SUBJECT TO THE NEW SPR REQUIREMENTS. Those who are subject and can apply for revalidation still have that option. Otherwise, they must apply at another post not in Canada or Mexico. The concern being addressed is that if you (the applicant subject to the SPR) are outside the U.S., the desire is to have you be outside the U.S. during the 20 day check. This measure is a stop gap remedy to at least get the system back up for those not impacted by the new SPR requirements.

The State Department is considering advising non-Mexican and Canadian posts to be cognizant of this situation to address a possible increase in TCN applications at their posts. Also, although the Visa Office has assigned additional personnel to the Revalidation unit (process of revalidation is described on the State web site at www.state.gov and outlined in our liaison minutes for the Department of State, which are posted on Infonet), it is currently taking about 12 weeks for these cases to process. The reference to, "these cases," does not include the List of 26*. For those people, an additional wait of 20 days is needed. Please note that some can be subject to the List of 26* check as well as other security check procedures outlined in the telegram above. Thus, if the applicant is subject to a certain Visas Eagle check that may take 30 days, and the officer does it correctly, an additional 20 days for the List of 26* is NOT added to the processing time (ex: NOT 12 weeks plus 20 days plus another 30 ). The revalidation unit has requested additional staff, and we hope to see a reduction in the processing time soon (1 or 2 months for some relief). Last year, the revalidation numbers were about the same. The revalidation unit is also having about 70 withdrawals per day, which are time consuming. The revalidation cases are sent via federal express from the St. Louis drop box, and are apparently not being slowed down at the moment by anthrax issues.

As to returning to the U.S. using 22 CFR 41.112(d), you must be certain that the particular district still recognizes this approach. The longevity of this provision may be in question, and we must be ready to address potential changes. Please be on the alert for updates and advise me or another member of the Department of State Liaison Committee of your experiences as we go through this difficult time.

[*YOU CANNOT RELY ON THE LIST PUBLISHED FOR THE NUMBER OF COUNTRIES.]

Kathleen Walker
Kemp Smith, P.C.
1700 Wells Fargo Plaza
El Paso, Texas 79901
915-546-5325
kwalker@kempsmith.com