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Old Nov 17th 2005, 12:40 am
  #1  
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Question US Embassy Background Checks?

Hi everyone,

I'm currently putting together an article regarding non-immigrant visas (Such as work, student, etc), and I have a question regarding background checks.

Does the US Embassy perform background screening / checks on all visa applicants and thier families during processing or at any other time? And what type of checks would be performed if any?

Thanks!
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Old Nov 17th 2005, 2:51 am
  #2  
Kevin Keane
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Default Re: US Embassy Background Checks?

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Stivan7AM wrote:

    >
    > Hi everyone,
    >
    > I'm currently putting together an article regarding non-immigrant visas
    > (Such as work, student, etc), and I have a question regarding
    > background checks.
    >
    > Does the US Embassy perform background screening / checks on all visa
    > applicants and thier families during processing or at any other time?
    > And what type of checks would be performed if any?

First, since you are putting together an article, it is important to be
accurate. US Embassies have nothing to do with visas. Visas are always
issued by US consulates. In some countries, the consulates happen to be
located in the same building as the embassy (for instance, in London) -
that causes the confusion. In other countries, they are not even in the
same city (for instance, the main consulate in Germany is in Frankfurt, and
the smaller consulate in Berlin is still far away from the US Embassy in a
different part of town).

Now for your question: US consulates do a name check in the CLASS system
(the internal computer system) on everybody over the age of, I believe, 14.
The same system is also available at the airports and border checkpoints.

They also take fingerprints, which are then incorporated into the visa. US
consulates can also perform quite a few different types of background check
on certain applicants. Much of the internal workings of these background
checks is classified, as well as the criteria for selecting who gets
checked.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Old Nov 17th 2005, 4:32 am
  #3  
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Default Re: US Embassy Background Checks?

Thank you for your reply, Kevin.

I am in fact based in South London, so my question was party directed towards that locale. But nevertheless I appreciate your reply.

Thanks!
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Old Nov 17th 2005, 8:52 am
  #4  
twofourteenB
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Default Re: US Embassy Background Checks?

This is, unfortunately, quite incorrect. If you are talking about the
U.S. system, embassies are embassies and consulates are consulates, and
there is no such thing as a consulate within an embassy.

Embassies and embassy officers do indeed have much to do with visas and
do issue visas and take care of consular services in the "consular
section" of the embassy. In some embassies the section is a very large
office and may appear to be a stand-alone entity (but it is not) and
there may be smaller consulates general around the country to serve
other geographic areas. Some of these consulates issue visas, some do
not. They almost always provide citizen services and often have their
own political, economic, press, public affairs, and other
offices/officers as well. Under the U.S. system the Consul General in
an Embassy and his/her staff are regular diplomats and along with
providing consular services also fulfill diplomatic functions and will
demarche the host country government on consular matters. The Consul
General is often a very high-ranking diplomat who may even stand in as
Charge d'Affairs in the ambassador's absence.
Their website has a good outline of the different embassy sections,
including the "consular section":
http://london.usembassy.gov/ukembabt.html

In some small embassies with only a few staff members, the consular
officer or officers will even wear other hats at different times of the
day such as working as political officers or economic officers.



Kevin Keane (see Web site for email) wrote:
    > -----BEGIN PGP SIGNED MESSAGE-----
    > First, since you are putting together an article, it is important to be
    > accurate. US Embassies have nothing to do with visas. Visas are always
    > issued by US consulates. In some countries, the consulates happen to be
    > located in the same building as the embassy (for instance, in London) -
    > that causes the confusion. In other countries, they are not even in the
    > same city (for instance, the main consulate in Germany is in Frankfurt, and
    > the smaller consulate in Berlin is still far away from the US Embassy in a
    > different part of town).
 
Old Nov 17th 2005, 10:18 am
  #5  
Kevin Keane
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Posts: n/a
Default Re: US Embassy Background Checks?

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[email protected] wrote:

    > This is, unfortunately, quite incorrect. If you are talking about the
    > U.S. system, embassies are embassies and consulates are consulates, and
    > there is no such thing as a consulate within an embassy.

Agreed. When I said "consulate within an embassy" I was referring to them
sharing a building. Sometimes, such consulates are described as "consular
section of the embassy" but, just as you say, they are really independent
entities.

Of course, ultimately they are joined at the hip because both are part of
Department of State. I'm also sure that they are closely connected in many
respects. But ultimately, I stand by my statement that embassies have
nothing to do with visa issuance.

    > Embassies and embassy officers do indeed have much to do with visas and
    > do issue visas and take care of consular services in the "consular
    > section" of the embassy.

I'm confused what you are trying to say here. Earlier, you were saying that
embassies and consulates are separate (and I agree with you on that), and
now you are saying that embassy officers work in the consulate? That's just
plain not true. As you point out further down, it is possible that an
officer wears both hats, but that's irrelevant - when he issues a visa, he
is a consular officer, not an embassy officer (it is probably also not all
that common because embassies that have a consular section tend to be huge
- - London, for instance - and certainly would have staff dedicated to each
function).

In any case, in many countries, you would be out of luck if you showed up at
the US embassy and tried to get a visa. I know this is the case in Germany,
and I believe it is also true in Canada and Mexico.

    > In some embassies the section is a very large
    > office and may appear to be a stand-alone entity (but it is not)

Again, I'm confused why you emphasized that consulates are separate from
embassies if you are now saying that the consulate is not a stand-alone
entity.

    > and there may be smaller consulates general around the country to serve
    > other geographic areas.

In some places, the consulates are larger than the consular section within
the embassy, and in a number of countries, the embassy does not even have a
consular section. For instance, in Germany, the embassy in Berlin Unter den
Linden does not have a consular section at all. Some types of visa are
issued in the consulate general in Berlin Zehlendorf, but the main visa
processing happens in the consulate general in Frankfurt.

Similarly in Mexico, the main visa processing consulate is in Ciudad Juarez,
not in Mexico City (I don't know if the consulate in Mexico City is
stand-alone or a consular section within the embassy building).

In Canada, too, the same holds true. The embassy is obviously in Ottawa, but
the consular section of that embassy has only limited visa issuance. The
main visa processing consulate in Canada is Toronto.

In the Netherlands, the embassy is in The Hague but the (only visa issuing)
consulate is in Amsterdam.

There are many more countries like that.

    > Some of these consulates issue visas, some do
    > not. They almost always provide citizen services and often have their
    > own political, economic, press, public affairs, and other
    > offices/officers as well. Under the U.S. system the Consul General in
    > an Embassy and his/her staff are regular diplomats and along with
    > providing consular services also fulfill diplomatic functions and will
    > demarche the host country government on consular matters.

I always thought the same thing, but recently, much to my surprise, came
across information that in fact, consular staff, unlike embassy staff, does
*not* enjoy diplomatic immunity. I'll see if I can find this link again.
One reference is 2 FAM 232.2 (at
http://foia.state.gov/masterdocs/02fam/02m0230.pdf ). Unless there is a
treaty with the sending country, consular officers within the US only enjoy
immunity with respect to their official acts, and are subject to process of
local court.

Also, you will often find that the actual officer deciding your visa
application is a local hire and may not necessarily even be an American
citizen. Some countries (not usually the USA, though) actually hires
reputable local citizens as what is called Honorary Consul to represent
their consular functions.

    > The Consul
    > General is often a very high-ranking diplomat who may even stand in as
    > Charge d'Affairs in the ambassador's absence.
    > Their website has a good outline of the different embassy sections,
    > including the "consular section":
    > http://london.usembassy.gov/ukembabt.html

That's a very interesting site. Note that this outlines really just the
general relationships between the various section, not who actually reports
to the ambassador. For instance, the same site also lists the IRS,
Department of Homeland Security and Customs and Border Protection as
"Embassy Sections". Obviously these are merely loosely affiliated, and are
not actually part of the embassy (although they certainly share office
space and coordinate work).

    > In some small embassies with only a few staff members, the consular
    > officer or officers will even wear other hats at different times of the
    > day such as working as political officers or economic officers.

If the embassy is that small, it would indicate that it is in a small
country. In that case, there typically is no consulate in the country at
all, and the local citizens will be told to visit another nearby country to
obtain US visas. For instance, there is a US embassy in Curacao, but
citizens from Curacao, Aruba and Bonaire are told to instead go to
Venezuela for a US visa. Some other Caribbean countries are served by
Barbados.



    > Kevin Keane (see Web site for email) wrote:
    >> -----BEGIN PGP SIGNED MESSAGE-----
    >> First, since you are putting together an article, it is important to be
    >> accurate. US Embassies have nothing to do with visas. Visas are always
    >> issued by US consulates. In some countries, the consulates happen to be
    >> located in the same building as the embassy (for instance, in London) -
    >> that causes the confusion. In other countries, they are not even in the
    >> same city (for instance, the main consulate in Germany is in Frankfurt,
    >> and the smaller consulate in Berlin is still far away from the US Embassy
    >> in a different part of town).

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Old Nov 19th 2005, 8:49 am
  #6  
twofourteenB
Guest
 
Posts: n/a
Default Re: US Embassy Background Checks?

Cripes, if this is how misinformed you are it's a good thing you're not
an immigration attorney. This poor original poster is quoting you and
you don't know what the hell you are talking about.

    > > This is, unfortunately, quite incorrect. If you are talking about the
    > > U.S. system, embassies are embassies and consulates are consulates, and
    > > there is no such thing as a consulate within an embassy.
    > Agreed. When I said "consulate within an embassy" I was referring to them
    > sharing a building. Sometimes, such consulates are described as "consular
    > section of the embassy" but, just as you say, they are really independent
    > entities.

I didn't mean they are independent entities within the same building.
I meant you are confused when you imply that there is such a thing as a
consulate within an embassy.

    > I stand by my statement that embassies have nothing to do with visa issuance.

That is wrong.

    > when he issues a visa, he is a consular officer not an embassy officer

That is wrong.

    > embassies that have a consular section tend to be huge

Dakar Senegal is very small and is an Embassy that has a consular
secton.
http://usembassy.state.gov/dakar/

Bamako Mali is very small and is an Embassy that has a consular
section.
http://w3.usa.org.ml/index.html

Banjul The Gambia is very small and is an Embassy that has a consular
section.
http://www.usembassybanjul.gm/

And that's just a small part of West Africa.

    > I know this is the case in Germany,

The fact that the Embassy in Germany is spread out amongst several
buildings is just due to the fact that the city was divided and now the
U.S. has property in Mitte, Unter den Linden, the America Haus near Zoo
Station, and the building on Clayallee.

    > Again, I'm confused why you emphasized that consulates are separate from
    > embassies if you are now saying that the consulate is not a stand-alone
    > entity.

Because you misunderstood my first paragraph, and a CONSULAR SECTION OF
AN EMBASSY is not a distinct entity.

    > I always thought the same thing, but recently, much to my surprise, came
    > across information that in fact, consular staff, unlike embassy staff, does
    > *not* enjoy diplomatic immunity. I'll see if I can find this link again.

You're close but still not understanding it. Consulate staff in
consulates (e.g. Belfast for the UK) have limited immunity. Consular
officers working in the Embassy in London have full immunity.

    > Also, you will often find that the actual officer deciding your visa
    > application is a local hire and may not necessarily even be an American
    > citizen.

In the U.S. system only an American diplomat can adjudicate a visa.
Local hires cannot.

    > That's a very interesting site. Note that this outlines really just the
    > general relationships between the various section, not who actually reports
    > to the ambassador.

They all do. An ambassador is the U.S. President's direct
representative and officially is immediately under the President in the
chain of command. All non-uniformed military members working
officially in a foreign country report to the ambassador.

Anyway, the original poster should beware of Keven Keane's information
because in this case it is wrong. He doesn't know what the hell he is
talking about and obviously doesn't have any experience with working
for a foreign affairs agency.
 
Old Nov 19th 2005, 4:46 pm
  #7  
Kevin Keane
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Posts: n/a
Default Re: US Embassy Background Checks?

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[email protected] wrote:

    >> I know this is the case in Germany,
    >
    > The fact that the Embassy in Germany is spread out amongst several
    > buildings is just due to the fact that the city was divided and now the
    > U.S. has property in Mitte, Unter den Linden, the America Haus near Zoo
    > Station, and the building on Clayallee.

This is ignoring the fact that Clayallee is effectively an outpost of the
Frankfurt consulate; the main US consulate in Germany is in Frankfurt
(and has always been there, at least as long as I remember). Clayallee has
not changed much at all; it still has the limited jurisdiction (only NIVs
for the eastern part of the country) it has had for a long time. All the
other consulates are also outposts. This includes the non-visa-issuing
posts in Hamburg, Munich, Leipzig, Duesseldorf, and a few other cities I
can't remember offhand.

Even when the German government (and the US embassy) was in Bonn, there was
no consulate in Bonn (I can't remember if the consulate in Duesseldorf or
in Cologne served diplomats).

    >> Also, you will often find that the actual officer deciding your visa
    >> application is a local hire and may not necessarily even be an American
    >> citizen.
    >
    > In the U.S. system only an American diplomat can adjudicate a visa.
    > Local hires cannot.

That makes a lot of sense. I'm not exactly sure what happens behind the
scenes, but the interviewing officer was a German citizen when I got my
H-1B visa (this was more than a decade ago in Berlin - Clayallee - but I
doubt that this particular aspect would have changed since then). My best
guess is that the German would recommend visa approval, and an American
would sign off on it. Which of course means that you were right, and I
stand corrected on that point.

    >> That's a very interesting site. Note that this outlines really just the
    >> general relationships between the various section, not who actually
    >> reports to the ambassador.
    >
    > They all do. An ambassador is the U.S. President's direct
    > representative and officially is immediately under the President in the
    > chain of command.

As far as I know, the ambassador is under the Secretary of State in the
chain of command. Actually, the issue seems to be quite murky:
http://answers.google.com/answers/threadview?id=555588

    > All non-uniformed military members working officially in a foreign country
    > report to the ambassador.

Are you saying that an IRS officer in a foreign IRS office, or a USCIS
officer in a foreign country, are part of Department of State? This claim
also breaks down on other counts. For instance, it doesn't explain why the
Frankfurt USCIS office (which is attached to the consulate there) reports
to the Rome USCIS office, rather than to the Berlin Embassy.

Of course it is true that a US ambassador does have extensive control over
all official US personell in his country; I do not question that at all -
however, he is certainly not in the direct chain of command for all of
them. As far as I know, he is also not in the direct chain of command for
the consulates; they all report to DoS headquarters in Washington. At least
that's my understanding.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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