Insight

Gunster's immigration law practice

Update June 20, 2017: The Office of Management and Budget has approved certain supplemental questions that would be asked of a subset of visa applicants if not already included in a visa application.

The supplemental questions have been incorporated in a new Department of State Form DS-5535.  The Department of State’s Notice of Information Collection estimated that .5% of visa applicants worldwide, or in the range of 65,000 individuals per annum, would  present a threat profile, based on individual circumstances and information they provide, that would lead U.S. consular officers at posts around the world to conclude the applicant warranted enhanced screening that took into account the information that was being proposed to be collected.  Even so, it may be prudent for visa applicants to have reviewed the type of information included in Form DS-5535 and to be prepared to provide such information, if requested by a consular officer during their visa interview process, in order to avoid additional delay in the evaluation, processing and issuance of the requested visa.

Original Alert May 24, 2017: In order to more rigorously evaluate applicants for terrorism or other national security-related visa ineligibilities, the U.S. Department of State is seeking Office of Management and Budget (OMB) review and approval of certain supplemental questions that would be asked of a subset of visa applicants if not already included in a visa application. The supplemental questions stated in the federal register notice are:

  • Travel history during the last fifteen years, including source of funding for travel;
  • Address history during the last fifteen years;
  • All passport numbers and country of issuance held by the applicant;
  • Names and dates of birth for all siblings;
  • Names and dates of birth for all children;
  • Names and dates of birth for all current and former spouses, or civil or domestic partners;
  • Social media platforms and identifiers, also known as handles, used during the last five years; and
  • Phone numbers and email addresses used during the last five years.

Department of State consular officers at visa-adjudicating posts worldwide will ask the proposed additional questions to resolve an applicant's identity or to vet for terrorism or other national security related visa ineligibilities when the consular officer determines that the circumstances of a visa applicant, a review of a visa application, or responses in a visa interview indicate a need for greater scrutiny. The additional questions may be sent electronically to the applicant or be presented orally or in writing at the time of the interview. Consular officers will not request user passwords and will not attempt to subvert any privacy controls the applicants may have implemented on social media platforms. Consular officers are directed not to engage or interact with individuals on or through social media; not to violate or attempt to violate individual privacy settings; and not to use social media or assess an individual's social media presence beyond established department guidance.

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