Imtiaz Chowdhury

My H1-B visa expired couple of years ago. Although I have a H1B petition
which is valid till the end of next year, I entered the US last month
using Advance Parole. I chose not to revalidate my H1-B because the visa
officer at the US consulate told me the process may take upto 3-6
months. Now that I have used Advance Parole to enter the country can I
still apply for H1 revalidation when I leave the country next time?

My second question is concerning security clearance. I was told by the
US consular officer that if I try to revalidate my H1 visa as a single
then I have to go through the special security clearance which can take
a while. However, he also told me that should I get married and apply
for visas for both of us then we won't have to go through the security
clearance. The consular officer told me that getting married falls
under "special circumstances" which allows a couple to get H1 and H4
visas without security clearance. I'd appreciate if someone tell me if
being married exempts one from needing security clearance.

Thanks in advance.

IC

Ingo Pakleppa

On Wed, 28 May 2003 23:14:57 -0700, Imtiaz Chowdhury wrote:

    > My H1-B visa expired couple of years ago. Although I have a H1B petition
    > which is valid till the end of next year, I entered the US last month
    > using Advance Parole. I chose not to revalidate my H1-B because the visa
    > officer at the US consulate told me the process may take upto 3-6
    > months. Now that I have used Advance Parole to enter the country can I
    > still apply for H1 revalidation when I leave the country next time?

Yes, you can.

    > My second question is concerning security clearance. I was told by the
    > US consular officer that if I try to revalidate my H1 visa as a single
    > then I have to go through the special security clearance which can take
    > a while. However, he also told me that should I get married and apply
    > for visas for both of us then we won't have to go through the security
    > clearance. The consular officer told me that getting married falls
    > under "special circumstances" which allows a couple to get H1 and H4
    > visas without security clearance. I'd appreciate if someone tell me if
    > being married exempts one from needing security clearance.

Not per se. It seems that this particular consulate may have implemented
such a policy.

Whether or not you are subject to the security clearance is ultimately a
discretionary decision of the individual consular officer.

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Jonathan McNeil Wong

I'm actually surprised that a consular officer would say something like
this.

Sometimes, SOP at certain posts requires security checks of single males
because they are perceived to fit the profile of potential security
risks. But I'd be surprised if a single male could avoid a security
check just by getting married.

The "standard" security instructions for consular posts are contained,
for now, in the Foreign Affairs Manual Appendix E, available on-line at
the State Department's website (click "FOIA"). Of course Ingo is right
that further checks may always be imposed at a consular officer's
discretion.


    >
    >>My second question is concerning security clearance. I was told by the
    >>US consular officer that if I try to revalidate my H1 visa as a single
    >>then I have to go through the special security clearance which can take
    >>a while. However, he also told me that should I get married and apply
    >>for visas for both of us then we won't have to go through the security
    >>clearance. The consular officer told me that getting married falls
    >>under "special circumstances" which allows a couple to get H1 and H4
    >>visas without security clearance. I'd appreciate if someone tell me if
    >>being married exempts one from needing security clearance.
    >
    >
    > Not per se. It seems that this particular consulate may have implemented
    > such a policy.
    >
    > Whether or not you are subject to the security clearance is ultimately a
    > discretionary decision of the individual consular officer.
    >


--

Above intended as general commentary, not legal advice.
Your mileage may vary.

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