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FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS PRIORITY 32 Oa& T
SPECIAL EMBASSY PROGRAM
AMEMBASSY BELGRADE ,-, ,
POUCH KABUL T^fe / o 3.
POUCH DUSHANBE

UNCLAS STATE 065712

VISAS - INFORM CONSULS

E.0.12958: N/A
TAGS: CVIS, CMGT
SUBJECT: THIRD COUNTRY NATIONALS AND VISA SHOPPING

1. This cable has been cleared by M/P(SEP). This is an

action request. See para. 2 below.

2. Section 418 of the Patriot Act requires the Secretary

to review how consular officers issue visas to determine
if visa shopping is a problem. If it is determined that
visa shopping is a problem, the Secretary must address the
problem and report to Congress on what action is being
taken to address the problem. The Visa Office is
currently reviewing post practices and procedures to
determine if visa shopping, which we have defined as
nonimmigrant applications by non-resident third country
nationals, constitutes a problem. VO has directly sought
input on this question from consular management at a
number of posts. If other posts feel that visa shopping
is a problem or have suggestions on how to improve
processing of non-resident NIV applicants, please respond
by either cable or e-mail to Michael Regan in VO/F/P no
later than COB Thursday, April 11. (We apologize for the
short notice.)

3. Posts are reminded that care should be taken in

processing applications from those not resident in a
posts consular district. In general, posts should not
refuse to adjudicate applications from non-residents, as
there are many legitimate reasons for someone to apply for
a visa outside of his or her home country. To the extent
possible, posts should try to accommodate all legitimate

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travelers and each case must be decided on its individual
merits, irrespective of place of residence and physical
location. Consular officers, however, should be wary of
applicants recently arrived in country who lack a credible
reason for applying in a third country rather than in
their home country. One of the concerns of third country
processing is that consular officers are not always
familiar with the documents presented. Posts are reminded
that a security advisory opinion may be submitted for any
applicant, not only when such an opinion is required, and
that checks with counterparts in an applicants home
country, whether by visas alpha or more informal means,
can be useful in resolving doubts about someones bona
fides.

4. Minimize considered.
POWELL

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