It is amazing and terrifying to witness how a small minority can have a major impact on a large majority. A single village thief can cause an entire village to distrust their neighbors, or news about a single murderer can cause an entire community to stay in their homes (where they feel safe) instead of venturing outside. We all do what we feel is necessary to protect ourselves, which means that one single person or group can cause entire countries taking drastic protective measures.
In the case of the United States and its visa programs, terrorism has created a similar effect. When the United States authorities realized that many of the terrorists, involved in the September 11 attacks, obtained their visas from at various US Embassies, they immediately changed their visa issuance procedures. Consequently, the world’s tiny population of terrorists caused the United States enforcement of protective measures, affecting the life of millions.
Many visa applicants are now familiar with these protective measures. Almost every applicant who has any connection whatsoever to the Middle East now faces the dreaded “Administrative Review” or “Administrative Processing.” These reviews are conducted by United States embassies all over the world on daily basis, in order to ensure that US visas are not given to those who wish to harm the United States. The reviews are often conducted by a thorough background check of each visa applicant. Not surprisingly, these background checks frequently take a long time to complete, thus causing the embassy’s final decision to approve or deny many visa applications to be significantly delayed.
Information provided by the U.S. Department of State regarding Administrative Processing specifies that: “Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer. Applicants are advised of this requirement when applying. Most administrative processes are resolved within 60 days of the visa interview, but when administrative processing is required, the timing will vary based on individual circumstances of each case. As a result, Visa applicants are reminded and advised to apply early for their visa, well ahead of the anticipated travel date.”
Needless to say, US Government does not want to provide many details about the Administrative Processing and its effects on visa and Green Card applications. However, the impact of Administrative Processing is hard to ignore. It is now quite common to learn of a situation where part of the family received their visas and the other part of the family is still under Administrative Processing. Such delays force a family to decide – either travel to the US with only the part of the family that was approved, or to cancel the trip altogether. Either scenario is quite disappointing for the family.
And while many visa applicants become angered by Administrative Processing, is the United States truly to blame, or is this the appropriate response to a threat? If the United States were to continue granting visas and Green Cards without performing some type of background check, the U.S. would be neglecting their most important duty – protecting US citizens and residents.
As a result, again we find ourselves in the situation where a very small minority has significantly impacted a large majority in a negative way. Unfortunately, this is one of the many horrible results of terrorism, and until the world rids itself of this extremism, similar protective measures will be taken by countries all over the world, and borders may soon become walls.
The information contained in this article does not constitute a legal opinion nor does it serve as replacing a proper individual legal consultation. Any use of this information shall be entirely at the risk of the reader.
This article was written by Dotan Cohen Law Offices, an immigration law firm that handles legal matters related to the United States, Australia, United Kingdom, Canada, and Israel. Our contact details are:
Tel. +1-646-797-5717
e-mail: [email protected]