SENSITIVE BUT UNCLASSIFIED

November 21,2002

MEMORANDUM

TO: IG Mr. Clark Kent Ervin

THRU: OIG/ISP Robert Peterson

FROM: OIG/TSP/CE Charles A. Anderson

SUBJECT: Congressman Wolfs Inquiry of 11/6/02

This memorandum provides background information for today's 2 pm discussion session

regarding an appropriate response to Congressman Frank Wolfs letter.

The Congressman's request essentially focuses on a review of details surrounding the

issuance of visas to the September 11 terrorists. To a large degree the October GAO
Report on Border Security has already covered much of this ground. An area of concern
not adequately covered by the report is the role of Ambassadors and DCMs in
encouraging and pressuring visa officers to issue visas "for political reasons." This
directly involves post management at Jeddah and Riyadh, which apparently created an
atmosphere of intimidation encouraging the across-the -board issuance of visas to Saudi
nationals.

In order to proceed with our inquiry we plan to:

• Consult with GAO and review their files related to Wolfs specific questions.
• Review with CA/VO the accepted and existing visa procedures in place prior to
September 11th.
• Discuss with the Congressman's staffers which specific issues he wants covered.
• Perhaps reinterview those visa officers who issued visas to the terrorists (at least
one has now hired an attorney to defend her interests).
• Perhaps conduct site visits to the posts at which the visas were issued (Jeddah,
Riyadh, Abu Dhabi, Dubai and Berlin)

r
INA Section 222

(b) Every alien applying for an immigrant visa shall present a valid unexpired passport
or other suitable travel document, or document of identity and nationality, if such
document is required under the regulations issued by the Secretary of State. The
immigrant shall furnish to the consular officer with his application a copy of a
certification by the appropriate police authorities stating what their records show
concerning the immigrant; a certified copy of any existing prison record, military record,
and record of his birth; and a certified copy of all other records or documents
concerning him or his case which may be required by the consular officer. The copy of
each document so furnished shall be permanently attached to the application and
become a part thereof. Li the event that the immigrant establishes to the satisfaction of
the consular officer that any document or record required by this subsection is
unobtainable, the consular officer may permit the immigrant to submit in lieu of such
document or record other satisfactory evidence of the fact to which such document or
record would, if obtainable, pertain.

(c) Every alien applying for a nonimmigrant visa and for alien registration shall make
application therefor in such form and manner as shall be by regulations prescribed. In
the application the alien shall state his full and true name, the date and place of birth, his
nationality, the purpose and length of his intended stay in the United States; his marital
status; and such additional information necessary to the identification of the applicant,
the determination of his eligibility for a nonimmigrant visa, and the enforcement of the
immigration and nationality laws as may be by regulations prescribed. At the discretion
of the Secretary of State, application forms for the various classes of nonimmigrant
admissions described in section 101(a)(15) may vary according to the class of visa being
requested.

(d) Every alien applying for a nonimmigrant visa and alien registration shall furnish to
the consular officer, with his application, a certified copy of such documents pertaining
to him as may be by regulations required.

(e) Except as may be otherwise prescribed by regulations, each application for an

immigrant visa shall be signed by the applicant in the presence of the consular officer,
and verified by the oath of the applicant administered by the consular officer. The
application for an immigrant visa, when visaed by the consular officer, shall become the
immigrant visa. The application for a nonimmigrant visa or other documentation as a
nonimmigrant shall be disposed of as may be by regulations prescribed. The issuance of
a nonimmigrant visa shall, except as may be otherwise by regulations prescribed, be
evidenced by a stamp, or other II placed in the alien's passport. ,.

22 CFR Sec. 41.103 Filing an application and Form OF-156.

(a) Filing an application—
(1) Filing of application on Form OF-156 required unless waived. The consular officer
may waive submission of an application, under paragraph (a)(3) of this section, for
certain aliens for whom personal appearance has been waived under Sec. 41.102. Except
for persons for whom such waivers have been granted, every alien seeking a
nonimmigrant visa must make application therefor on Form OF-156, Nonimmigrant Visa
Application, unless a prior Form OF-156 is readily available at the consular office which
can be appropriately amended to bring the application up to date.

(2) Filing of Form OF-156 by alien under 16 or physically incapable. The application
for an alien under 16 years of age or one physically incapable of completing an
application may be completed and executed by the alien's parent or guardian, or, if the
alien has no parent or guardian, by any person having legal custody of, or a legitimate
interest in, the alien.

(3) Waiver of filing of application, (i) When personal appearance is waived under
Sec. 41.102(a)(2) or (3) the consular officer may also waive the filing of a visa
application.
(ii) When personal appearance is waived under Sec. 41.102(a)(7), the consular officer
may also waive the filing of a visa application in cases of hardship, emergency, or
national interest.
(iii) Even if personal appearance is waived pursuant to any other subparagraph of Sec.
41.102 (a), the requirement for filing an application may not be waived.

(b) Application form-

(1) Preparation of Form OF-156, Nonimmigrant Visa Application, (i) The consular
officer shall ensure that Form OF-156 is fully and properly completed in accordance
with the applicable regulations and instructions.
(ii) If the filing of a visa application is waived by the consular officer, the officer shall
prepare a Form OF-156 on behalf of the applicant, using the data available in the passport
or other documents which have been submitted.

(2) Additional information as part of application. The consular officer may require
the submission of additional necessary information or question an alien on any relevant
matter whenever the consular officer believes that the information provided in Form OF-
156 is inadequate to permit a determination of the alien's eligibility to receive a
nonimmigrant visa. Additional statements made by the alien become a part of the visa
application. All documents required by the consular officer under the authority of Sec.
41.105(a) are considered papers submitted with the alien's application within the meaning
ofINA221(g)(l).

(3) Signature. When personal appearance is required, Form OF-156 shall be signed
and verified by, or on behalf of, the applicant in the presence of the consular officer. If
personal appearance is waived, but the submission of an application form by the alien is
not waived, the form shall be signed by the applicant. If the filing of an application form
is also waived, the consular officer shall indicate that the application has been waived on
the Form OF-156 prepared on behalf of the applicant, as provided in paragraph (b)(l)(ii)
of this section. The consular officer, in every instance, shall initial the Form OF-156 over
or adjacent to the officer's name and title stamp.
(4) Registration. Form OF-156, when duly executed, constitutes the alien's
registration record for the purposes of INA 221(b).

9 FAM §41.103 Interpretive Notes

Nl FormDS-156
(TL:VISA-183; 12-18-1998) Form DS-156, Nonimmigrant Visa Application, is the
application form prescribed under INA 222(c), and is also used as an index card.

Nl .2 Retention of Form DS-156

(TL:VISA-183; 12-18-1998) See Appendix F, 101, for instructions on the retention
and disposition of Form DS-156.

N2 Applicant to Provide All Names by Which Known

N2.1 Applicant's Names to Be Entered on Form DS-156

(TL:VISA-2; 8-30-87) An applicant's first, middle and family names should be recorded
on Form DS-156 exactly as they appear in the applicant's passport. In addition, the
application should include any other names by which the alien has ever been known; for
example, maiden, religious, or professional name, or aliases. The applicant's name must
also be provided, not only in English phonetics, but also in the native linguistic
characters, that is, Chinese, Arabic, etc., if required for clearances.

N2.2 All Names to be Included in Advisory Opinion Requests

(TL:VISA-2; 8-30-87) All names by which an alien has been known should be included
in reports or requests for advisory opinions submitted to the Department.

N3 Application by Alien Unable to Write

(TL:VISA-183; 12-18-1998) If the applicant is illiterate or is, otherwise, unable to
provide a signature, the placing of the applicant's mark in the space provided on Form
DS-156 for signature is acceptable, if done in the presence of the consular officer.

N3.1 When DS-156 Completed by Other Than Applicant

(INSERTS 5) The DS-156 for an alien under 16 years of age, or one who is physically
incapable of completing an application, may be completed and executed by the alien's
parent or guardian. If the alien has no parent or guardian, then the DS-156 may be
completed by any person having legal custody of, or a legitimate interest in, the alien.

N4 Consular Officer Must Initial Application ,

(TL:VISA-2; 8-30-87) The examining consular officer is required to initial all
application forms. The initials indicate that the initialing officer determined the
eligibility and proper classification of the applicant, unless the visa is refused and a
notation of the refusal is made on the application.
N5 Instituting a Written Reapplication Policy
(TL: VISA-183; 12-18-1998) Posts, which receive numerous reapplications from
persons recently refused under INA 214(b), may request the Department's concurrence to
institute a written reapplication policy. In accordance with this policy, an applicant who
has been refused under INA 214(b) may not reapply in person for one year. A limitation
of two years can be granted to posts in special circumstances. The number of written
reapplications a person may submit should not be limited. [See §41.121 PN1.2.]

(TL:VISA-183; 12-18-1998)
§41.103 Procedural Notes
PN1 Form DS-156, Nonimmigrant Visa Application
PN1.1 Use and Filing of Form DS-156
(TL:VISA-183; 12-18-1998) Form DS-156, Nonimmigrant Visa Application, is the
application form prescribed under INA 222(c). When the application section of Form
DS-156 is detached from the rest of the form, it is the appropriate size for filing in the
post's consolidated visa index card file. In addition to information concerning the
issuance or refusal of the visa, the following information is to be included on the form in
the block reserved for office use:
(1) Record of clearances obtained, including the dates;
(2) Record of revocation and cancellation of visa;
(3) Any further information which would be helpful in reaching a decision if the alien's
reapplies for a visa (i.e., a note that the applicant is well and favorably known to the
consular officer might eliminate the need for requests for other evidence of eligibility);
and
(4) Record of re-issuance of visa.
PN1.2 Supplemental Data to Determine Eligibility
(TL:VISA-183; 12-18-1998) If additional data is needed to supplement the information
contained on Form DS-156 so that the consular officer can determine the eligibility of an
applicant, such data should be obtained by telephone, mail, or during the interview. In
rare cases, the consular officer may find it necessary to have the applicant execute an
affidavit (in the consular office, if possible) to supply crucial data. Pertinent information
should be recorded on Form DS-156 or in an informal memorandum to be filed with any
pertinent documentary evidence submitted by the applicant.
PN1.3 Affixing Photograph to Form DS-156
(TL:VISA-183; 12-18-1998) Posts should staple, not glue, photographs to Form DS-
156. [See41.113PN1.2].
PN2 Translating Visa Forms
PN2.1 Authorizing Translation of Form DS-156
(TL: VIS A-183; 12-18-1998) The Department has authorized posts to translate Form
DS-156 locally and without prior approval of the Department, provided that any
translation accurately conveys the English language text. Posts must forward a copy of
the translation to the Department (CA/VO/F/P). In a country with two or more official
languages, posts may print Form DS-156 in each language.
PN2.2 Availability of Translations of Form DS-156
(INSERTS 5)Posts may request camera-ready copies of Form DS-156 in other languages
from the posts indicated below:
LANGUAGE POST
Arabic Cairo
Chinese Hong Kong
Dutch Amsterdam
French Paris
German Bonn
Portuguese Lisbon
Russian Moscow
Serbo-Croat Belgrade
Spanish Buenos Aries
NOTE: Mexico City will furnish copies for Mexican posts.
PN3 Authorizing Printing and Distribution of Form DS-156
PN3.1 Posts May Print But Not Change Form DS-156
(TL:VISA-47; 8-30-91) Posts are authorized to reproduce or print Form DS-156 locally.
However, they are not authorized to make any changes in either the wording or the
format of this form.
PN3.2 Furnishing Form DS-156 to Transportation Companies and Travel Agents
(TL:VISA-47; 8-30-91) Posts may provide Form DS-156 to transportation companies
and reputable travel agents.
PN3.3 Printing of Form DS-156 by Transportation Companies
(TL:VISA-47; 8-30-91) Some shipping companies and airlines may wish to print Form
DS-156 for use by local travel agents. There is no objection to this, provided that they do
not change the text and format in any manner. Moreover, advertising is not permitted on
Form DS-156. [See §41.103 PN4.] Before approving Form DF-156, posts must check
printer's proofs to ensure that the wording and format are correct.
PN4 Regulations Prohibiting Private Advertising on Government Forms
(TL:VISA-183; 12-18-1998) Government printing regulations provide that:
"...no Government publication or other Government printed matter, prepared or produced
with either appropriated or non-appropriated funds, or identified with an activity of the
Government, shall contain any advertisement inserted by, or for any private individual,
firm, or corporation; or contain material which implies in any manner that the
Government endorses or favors any specific commercial product, commodity or service."
Permitting the name and address of any carrier or travel agent, or any private commercial
slogan to appear on Form DS-156 would represent a violation of the regulation, even if
the form were printed at private expense.

(TL:VISA-47; 8-30-91)
 9 FAM PART IV Appendix D,
200 CLASS (CONSULAR LOOKOUT AND
SUPPORT SYSTEM)
(TLVISA-267; 04-25-2001)

9 FAM 201 CLASS FEATURES

(TLVISA-119; 7-3-95)

CLASS is the Department's name-checking system for visa and

passport applications. It replaced the Automated Visa Lookout System
(AVLOS) in March 1991. CLASS is installed on the Department's main
name-check computer at the Beltsville facility and is accessed by posts via
telecommunications lines. The system is designed to interconnect with all
CA automated systems at a post that requires name-checks. The names of
all passport and visa applicants must be checked against the names in the
appropriate CLASS file. CLASS contains two data files and also supports a
refugee information entry sub-system. CLASS features are described
below.

9 FAM 201.1 Visa Data Base

(TLVISA-119; 7-3-95)

The CLASS visa database contains the names of aliens for visa name
checking. An individual's name in CLASS indicates that information exists
which may be germane to the application. While this information is often
derogatory, it is not always. Therefore, CLASS users must understand and
be able to interpret the information CLASS provides. Information in the visa
portion of the CLASS name files should be used only in accordance with
the confidentiality provisions of INA 222(f).

9 FAM 201.2 Passport Name File

(TLVISA-119; 7-3-95)

The passport name file contains the names of U.S. citizens for whom
the U.S. Passport Office maintains lookouts. Privacy Act restrictions apply
to information obtained from this file. The names of U.S. citizens, are not
included in the CLASS visa database and must not to be checked as part of
the visa name-check procedure.

9 FAM PART IV Appendix D -Page 1 of 9

9 FAM 2013 Refugee Information Entry Sub-system
(TUVISA-119; 7-3-95)

The Refugee Information Entry Sub-system transmits, via CLASS

message, refugee data used by those agencies responsible for refugee
case processing domestically and abroad. The information is sent after a
refugee application has been approved and an alien number assigned to
the refugee. The data are then passed to the refugee case processing
agencies for their use.

9 FAM 202 CLASS PROCEDURES FOR ON-LINE

POSTS
(TLVISA-119; 7-3-95)

A post is termed "on-line" when the consular section has direct access
through communication lines to the CLASS computer in the Department.
Access to CLASS can be either via a telex terminal or via consular
computer-assisted programs such as the Immigrant Visa Applicant Control
System (IVACS), the Nonimmigrant Visa Computer-Assisted Processing
System (NIVCAPS) or the Teletype Replacement Program (TTYREP). On-
line posts must check each nonimmigrant and immigrant visa applicant's
name through CLASS before visa issuance. When CLASS is not
operational, on-line posts must make the required name-checks with the
visa lookout microfiche or delay further action until CLASS is again
functioning.

9 FAM 202.1 Name-Checking

(TLVISA-119; 7-3-95)

Posts must use the routine visa name-check message which transmits
the visa applicant's name, date, and place of birth via telecommunications
lines directly to the Department's computer. CLASS will respond with a
message indicating either no record or a "hit" if the name appears in
CLASS. The operator must give a positive response to the interviewing
consular officer for review to determine the relevance of the "hit."

9 FAM 202.2 Entering Refusals

9 FAM 202.2-1 Aliens Denied Visas

^

(TLVISA-119; 7-3-95)

a. On-line posts should enter refusals directly into the CLASS visa
database. The adjudicating post must enter the data relating to all
applicants who have been denied visas, except for the following:

9 FAM PART IV Appendix D -Page 2 of 9

 (1) Those denied under INA 221 (g); and

(2) Those on whom the Department has rendered a security advisory

opinion and has found sufficient evidence for a determination of ineligibility
under INA 212(a)(3)(A), (B), or (C) . The Department will enter such cases
into CLASS directly.

b. Duplicate Category One refusals should not be entered into CLASS.

Duplicate Category Two refusals should not be entered more frequently
than every 6 months. Specific information on refusal codes and retention
periods is included in the Miscellaneous Consular Systems (CX) User's
Manual, which CAA/0 updates and distributes as necessary. [Also see 9
FAM PART IV Appendix D, Exhibit I for visa refusal and lookout codes.]

9 FAM 202.2-2 Potentially Ineligible Aliens

(TLVISA-119; 7-3-95)

Aliens who may apply for visas at some future time, and who the
consular officer has reason to believe might be excludable under a ground
of ineligibility other than INA 212(a)(3)(A), (B), or (C), may be entered into
CLASS using the appropriate quasi-refusal code shown in 9 FAM PART IV
Appendix D, Exhibit I. Information on possible terrorists who may be
subject to INA 212(a)(3)(B) should be immediately submitted to the
Department via the "VISAS VIPER" procedure for possible inclusion of the
aliens as DPT-00 CLASS entries. A "VISAS DONKEY" security advisory
opinion request should be submitted on aliens potentially excludable under
INA 212(a)(3)(A) or (C), again for possible entry into CLASS under the
DPT-00 code. The "VISAS DONKEY" telegram in these cases should
clearly indicate that the information pertains to a potentially ineligible alien,
rather than an actual visa applicant. If a potential security case is time
sensitive, on-line posts should immediately enter the alien's name in
CLASS under code L (formerly code 45), and should add "possible DPT-00"
in the free field, pending the Department's action on the "VISAS VIPER" or
"VISAS DONKEY" telegram.

9 FAM 202.3 New Ineligibility Classes

(TLVISA-119; 7-3-95)

The 1990 Act restructured and redefined the ineligibility grounds,

effective June 1, 1991. Most are roughly comparable to the predecessor
INA 212 provisions except for designations, but there are also certain
nuance differences that preclude simply converting all old code citations
into the new code series. See 9 FAM PART IV Appendix D, Exhibit I for
chart correlating old, interim, and new refusal codes.

9 FAM PART IV Appendix D -Page 3 of 9

9FAM202.4 Corrections
(TLVISA-119; 7-3-95)

If an incorrect entry is made, posts should send an update message with

the correct information as soon as possible. Posts should also send a
deletion (CLOK) telegram promptly to the Department (CA/VO) with
sufficient data to identify and justify deletion of the incorrect entry. [See 9
FAM PART IV Appendix D, 204 below for detailed information on deletions.]

9FAM202.5 Other Messages

(TLVISA-119; 7-3-95)

On-line CLASS posts may communicate with other on-line posts and the
Department using the CLASS administrative message capability (even
through the TTYREP function at post) which channels messages through
the Department's computer. For details of passport name-check messages
and other CLASS messages mentioned above, see the Miscellaneous
Consular Systems (CX) User's Manual.

9 FAM 203 PROCEDURES FOR POSTS NOT ON-LINE

9 FAM 203.1 Name-Checking
(TLVISA-119; 7-3-95)

For posts not included in the CLASS electronic network, a subset of the
CLASS visa database is reproduced on the visa lookout microfiche which is
distributed quarterly. Consular officers at posts not on-line must ensure that
all visa applicants are checked against the latest available edition of the
visa lookout microfiche.

9 FAM 203.2 Entering Refusals

9 FAM 203.2-1 Aliens Denied Visas
(TLVISA-119; 7-3-95)

a. Posts not on-line must submit their refusals to the Department for
inclusion in CLASS by means of a CLOK visa lookout cable. All visa denials
must be reported to the Department via a CLOK telegram except for the
following categories, which should not be submitted:

(1) Those under INA 212(e), 221(g), 214(b), and 212(a)(7)(B); and

(2) Those which result from a security advisory opinion rendered by the
Department finding sufficient evidence for a determination of ineligibility
under INA 212(a)(3)(A), (B), or (C). Such cases will be entered into CLASS
directly by the Department.

9 FAM PART IV Appendix D -Page 4 of 9

 b. Posts should handle duplicate entries in accordance with the
procedures outlined in 9 FAM PART IV Appendix D, 202.2-1 b above.
Instructions for preparing CLOK telegrams arejncluded in 9 FAM PART IV
Appendix E, 302 Correspondence.

9 FAM 203.2-2 Potentially Ineligible Aliens

(TLVISA-119; 7-3-95)

Posts must submit CLOK telegrams on aliens who may apply for visas
in the future and who are potentially ineligible. In such cases, posts should
use the appropriate quasi-refusal code shown in 9 FAM PART IV Appendix
D, Exhibit I, except for aliens possibly excludable under INA 212(a)(3)(A),
(B), or (C). Information on potential terrorists possibly subject to INA
212(a)(3)(B) must be submitted immediately by means of the "VISAS
VIPER" procedure rather than by CLOK telegram. Requests for CLASS
entries on aliens potentially ineligible under INA 212(a)(3)(A) and (C) must
be sent via a "VISAS DONKEY" SAO request which must clearly indicate
that the information pertains to a potentially ineligible alien and not an
actual visa applicant. In all cases involving possible INA 212(a)(3)(A), (B),
or (C) ineligibility, posts should request that the Department consider
entering the alien under the DPT-00 code.

9 FAM 203.2-3 Incomplete Information

(TLVISA-119; 7-3-95)

Consular officers should normally request new CLASS entries only

when all required information has been obtained (name, including aliases,
date and place of birth, and refusal code). However, if there are special
circumstances making timely inclusion of the name critically important, all
available information should be sent promptly to the Department by VISAS
CLOK, VIPER, or DONKEY telegram, as appropriate. If complete
information is later obtained and the consular officer considers that
inclusion in CLASS is still warranted, the officer should send a CLOK
telegram to the Department requesting that the entry be corrected. If later
information indicates that inclusion in CLASS is not warranted, the officer
should send an appropriate CLOK deletion telegram [see 9 FAM PART IV
Appendix D, 204 below].

9 FAM 203.3 Corrections

(TLVISA-119; 7-3-95)
*•

Correction telegrams must include both the correct information and the
incorrect information that currently appears in CLASS. The message should
request that the new information be entered into the system and that the
incorrect information be deleted. The telegram format in 9 FAM PART IV
Appendix E, 302 Correspondence, CLOK must be followed.

9 FAM PART IV Appendix D -Page 5 of 9

9FAM204 DELETIONS
(TLVISA-119; 7-3-95)

The Department makes all deletions from CLASS. Deletion request

procedures are the same for all posts and require submission of a CLOK
telegram from post. The cable should specify the alien's name, aliases,
date and country of birth, and the CLASS refusal code under which the
alien was entered. The message must also include sufficient information to
permit the Department to make an informed decision as to whether the
deletion is justified. Certain deletions require the submission of an advisory
opinion request. Posts should not routinely request a manual deletion of
Category Two refusals as they are automatically purged 1 or 2 year(s) after
entry. Deletion procedures required for different categories of refusals are
described in Q FAM PART IV Appendix D, 204.4 below.

9FAM204.1 Routine Deletions

(TLVISA-119; 7-3-95)

All posts should telegraphically request the Department to delete

Category One entries from CLASS if any of the following circumstances
apply:

(1) The original finding for the entry was in error,

(2) The post has evidence that the applicant has died;

(3) The alien, after having been included because of ineligibility under
INA 212(a)(3)(D)(i) or its predecessor, is found no longer to be subject to
that provision under INA 212(a)(3)(D)(ii) or (iii) because the membership
either was involuntary or has been terminated and the alien is no threat to
the United States, or, although subject to the provision, the alien has been
granted relief under INA 212(a)(3)(D)(iv); or

(4) The alien has been granted relief under INA 212(c), (g), (h), or (i) or
by enactment of a private immigration bill.

9 FAM 204.2 Deletions of Entries Relating to Security Grounds of

Refusal
(TLVISA-119; 7-3-95)

Posts must submit for a security advisory opinion any requests for
deletion of refusals under any paragraph of INA 212(a)(3) (and the
predecessor paragraphs (27), (28), (29), and (33)) and quasi- refusals
under old refusal codes 77, 78, 79, and 83 or the new "P3" series. Entries
under these codes and codes 00 (on-line) and DPT-1 (on microfiche) will be
deleted only after the Department renders a favorable security advisory
opinion.

9 FAM PART IV Appendix D -Page 6 of 9

9 FAM 204.3 Deletions of Other Category One Entries
(TLVISA-119; 7-3-95)

Requests for deletions of other Category One entries must be supported

by sufficient justification to merit deletion. Deletions will be made only after
the Department (CA/VO) concurs in such action.

9 FAM 204.4 Automatic Deletions from CLASS

(TLVISA-119; 7-3-95)

a. Each year, CLASS produces printed lists identifying all Category One
entries designated for automatic removal using the criteria below. These
lists are furnished to the entering posts to review before the entries are
deleted. (Lists of Category Two refusals automatically purged are not
produced.) Posts not on-line should promptly resubmit as "new entries" any
names on the list which should be reentered into CLASS. On-line posts
may reenter such names directly into the system via an update message
using a current refusal date.

b. The purge criteria are:

(1) Category One refusals under INA 212(a)(1), (2), (3), (6), (C) and
(E), and (8), as redesignated in Pub. L. 101-649 effective June 1,1991, are
automatically purged from the system when the subject reaches 90 (or, for
(3)(E), 100) years of age, and at least 10 years have passed since the date
of the last visa activity. Refusals under INA 212(a)(6)(B) (former (17)) are
purged after 5 or 20 years depending on circumstances.

(2) Category Two entries are automatically purged from the computer 1
or 2 years after the date of original entry, depending on the grounds ot
refusal. [See Appendix A, Table A-2 of the Miscellaneous Consular
Systems (CX) User's Manual for additional details on automatic deletions.]

9 FAM PART IV Appendix D -Page 7 of 9

9 FAM 204.5 Requests from the Public for Removal of Entries
from CLASS
(TLVISA-267; 04-25-2001)

The Department has prepared a standard letter that may be given to

members of the public who ask to have CLASS entries removed (see 9
FAM Part IV Appendix D, Exhibit I). United States citizens and lawful
permanent resident aliens may have their names removed from CLASS by
submitting their request in writing to:

Chief, Systems Liaison and Procedures Division

Visa Office U.S. Department of State

Washington, D.C. 20522-0113.

Proof of U.S. citizenship or LPR status must be submitted with the

request. This proof should consist of a copy of one of the following
documents: U.S. passport, Certificate of Naturalization, Alien Registration
Card (Form 1-551), or Re-Entry Permit (Form 1-132). Other forms of proof
may be acceptable if they clearly establish that the subject of a CLASS
entry is an U.S. citizen or lawful permanent resident alien.

Inquiries concerning removals of entries in CLASS made by a Foreign

Service Post for subjects who are neither U.S. citizens nor LPRs should be
directed to the Foreign Service Post that made the entry. Inquiries about
entries in CLASS made by other agencies should be directed to the
concerned agency.

CLASS entries made by Foreign Service Posts and the Department are
subject to the confidentiality provisions of INA 222(f). Entries made in
CLASS that originate with the Immigration and Naturalization Service are
considered to be law enforcement information and should not be discussed
or disclosed to public.

9 FAM 205 MANAGEMENT PROCEDURES FOR

CLASS
9 FAM 205.1 Name-checking
(TLVISA-119; 7-3-95)
f

Supervisory consular officers must establish procedures to ensure that

all visa applicants' names are checked against the CLASS database as
specified in 9 FAM PART IV Appendix D, 202 and 9 FAM PART IV
Appendix D, 203.1 above.

9 FAM PART IV Appendix D -Page 8 of 9

9FAM205.2 Entry of Visa Refusals
(TLVISA-119; 7-3-95)

Supervisory consular officers must ensure that the names of applicants

refused visas are entered into CLASS under the appropriate refusal code,
either directly at on-line posts or via lookout telegrams for posts not on-line.

9 FAM PART IV Appendix D -Page 9 of 9

 9 FAM 41.102 Notes
(TLVISA-327; 10-17-2001)

9 FAM 41.102 Nl Personal Appearance and Interview

(TLVISA-327; 10-17-2001)

Section 222(e) of the Immigration and Nationality Act, as well as 9 FAM

41.101 N3 and 9 FAM 41.102 A/2 cover the general requirement that all
aliens applying for a nonimmigrant visa appear before, and be interviewed
by a consular officer, unless the consular officer waives the personal
appearance. The consular officer shall determine, on the basis of the
applicant's application and interview:

(1) The applicant's eligibility to receive a visa, and

(2) The proper nonimmigrant classification of the visa applicant.

9 FAM 41.102 N2 Waiver of Personal Appearance

(TLVISA-327; 10-17-2001)

Waiver of the applicant's personal appearance does not relieve the

consular officer from responsibility for the final decision. A personal
appearance may be waived, at the consular officer's discretion, in the case
of a nonimmigrant visa applicant who:

(1) Is under 14 years of age;

(2) Is classifiable under the visa classification symbols A, B, C-1, G,

H-1,lorNATO;

(3) Makes application for a diplomatic or official visa;

(4) Is classifiable under the visa classification symbol J-1, and who
qualifies as a leader in a field of specialized knowledge or skill. The J-1
visa applicant must also be the recipient of a U.S. Government grant, and
his or her spouse and children must qualify as J-2 visa holders;

(5) Is an aircraft crewman classifiable under INA 101(a)(15)(D). The

application must be supported by a letter from the employing carrier
certifying that the applicant is employed as an aircraft crewman; and <•

(6) Satisfies the consular officer that a waiver is warranted in the

national interest, or because of unusual circumstances, including hardship
to the visa applicant.

9 FAM 41.102 Notes Page 1 of 3

9 FAM 41.102 N6 Additional Application Requirements
(TLVISA-186; 03-25-1999)

The waiver of an applicant's personal appearance is not intended to

change the requirements and standards of existing regulations and
instructions with regard to security checks, visa classification, number of
entries, and validity of visas.

9 FAM 41.102 Notes Page 3 of 3