9 FAM 302.7
(U) Ineligibility based on Human rights violations - INA
212(a)(2)(G), INA 212(a)(3)(E), INA 212(a)(3)(G), PP 8697
(CT:VISA-892; 07-15-2019)
(Office of Origin: CA/VO/L/R)
9 FAM 302.7-1 (U) Statutory and
Regulatory AUthority
9 FAM 302.7-1(A) (U)
Immigration and Nationality Act
(CT:VISA-578; 04-25-2018)
(U) INA 101(a)(42) (8 U.S.C.
1101(a)(42)); INA 102 (8 U.S.C. 1102); INA 212(a)(2)(G) (8 U.S.C.
1182(a)(2)(G)); INA 212(a)(3)(E) (8 U.S.C. 1182(a)(3)(E)); INA 212(a)(3)(G) (8
U.S.C. 1182(a)(3)(G)); INA 212(d)(3)(A) (8 U.S.C. 1182(d)(3)(A)); INA 212(f) (8
U.S.C. 1182(f)); INA 221(g) (8 U.S.C. 1201(g)).
9 FAM 302.7-1(B) (U) United
States Code
(CT:VISA-578; 04-25-2018)
(U) 8 U.S.C. 1182e; 8 U.S.C.
1182f; 18 U.S.C. 2340; 18 U.S.C. 2441; 18 U.S.C. 2442; 18 U.S.C. 1091(a); 22
U.S.C. 2151n; 22 U.S.C. 2304; 22 U.S.C. 4028; 22 U.S.C. 6401 et seq.; 22 U.S.C.
7101 et seq.
9 FAM 302.7-2 Unavailable
9 FAM 302.7-2(A) (U) Background
(CT:VISA-578; 04-25-2018)
(U) Visa ineligibilities based on
human rights violations and abuses can be found in the INA, presidential
proclamations, and other statutory schemes. The INA 212(a) grounds cover a
limited range of human rights violations and generally do not apply to
officials traveling on A or G visa classes. By contrast, two recently adopted
provisions, Presidential Proclamation (PP) 8697 and Section 7031(c) of the
State Department's annual appropriations act ("Section 7031(c)"),
cover a broader range of proscribed conduct and apply to individuals traveling
for both official and non-official purposes. In many cases, multiple grounds
may apply to an applicant.
9 FAM 302.7-2(B) Unavailable
9 FAM 302.7-2(B)(1) Unavailable
(CT:VISA-1; 11-18-2015)
Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
(4) Unavailable
(5) Unavailable
(6) Unavailable
(7) Unavailable
(8) Unavailable
(9) Unavailable
(10) Unavailable
(11) Unavailable
(12) Unavailable
9 FAM 302.7-2(B)(2) Unavailable
(CT:VISA-892; 07-15-2019)
a.
b. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
9 FAM 302.7-2(C) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-2(C)(1) Unavailable
(CT:VISA-801; 05-17-2019)
a. Unavailable
b. Unavailable
c. Unavailable
9 FAM 302.7-2(C)(2) (U) AOs
(CT:VISA-801; 05-17-2019)
Unavailable
9 FAM 302.7-2(D) (U) Visa
Revocations
(CT:VISA-801; 05-17-2019)
a. Unavailable
b. Unavailable
c. Unavailable
9 FAM 302.7-3 (U) Participation
in particularly severe Violations of Religious Freedom - INA 212(a)(2)(G)
9 FAM 302.7-3(A) (U) Grounds
(CT:VISA-583; 05-18-2018)
(U) INA 212(a)(2)(G) requires the
refusal of a visa and the denial of entry to any alien who, while serving as a
foreign government official (FGO) was responsible for, or directly carried out,
at any time, particularly severe violations of religious freedom.
9 FAM 302.7-3(B) (U)
Application
9 FAM 302.7-3(B)(1) (U)
Particularly Severe Violations of Religious Freedom Defined
(CT:VISA-1; 11-18-2015)
(U) 22 U.S.C. 6402(11) defines
particularly severe violations of religious freedom as: systematic, ongoing,
egregious violations of religious freedom, including violations such as:
(1) (U) Torture or cruel,
inhuman, or degrading treatment or punishment;
(2) (U) Prolonged detention
without charges;
(3) (U) Causing the
disappearance of persons by the abduction or clandestine detention of those
persons; or
(4) (U) Other flagrant denial
of the right of life, liberty, or the security of persons.
9 FAM 302.7-3(B)(2) (U)
Violations of Religious Freedom Defined
(CT:VISA-578; 04-25-2018)
(U) Violations of the
internationally recognized right to freedom of religion and religious beliefs
and practice, as described in 22 U.S.C. 6402(13) include the following
violations such as:
(1) (U) Arbitrary prohibitions
on, restrictions of, or punishment for:
(a) (U) Assembling for peaceful
religious activities such as worship, preaching, and prayer, including
arbitrary registration requirements;
(b) (U) Speaking freely about
one's religious beliefs;
(c) (U) Changing one's religious
beliefs and affiliation;
(d) (U) Not professing a
particular religion, or any religion;
(e) (U) Possession and
distribution of religious literature, including Bibles; or
(f) (U) Raising one's children
in the religious teachings and practices of one's choice; or
(2) (U) Any of the following
acts if committed on account of an individual's conscience, non-theistic views,
or religious belief or practice:
(a) (U) Detention;
(b) (U) Interrogation;
(c) (U) Imposition of an onerous
financial penalty;
(d) (U) Forced labor;
(e) (U) Forced mass
resettlement;
(f) (U) Imprisonment;
(g) (U) Forced religious
conversion;
(h) (U) Forcibly compelling
non-believers or non-theists to recant their beliefs or to convert;
(i) (U) Beating;
(j) (U) Torture;
(k) (U) Mutilation;
(l) (U) Rape;
(m) (U) Enslavement; and
(n) (U) Murder and execution.
9 FAM 302.7-3(B)(3) (U)
Foreign Government Officials Defined
(CT:VISA-377; 06-08-2017)
(U) Per 22 U.S.C. 6402(8) the term
government or foreign government includes any agency or instrumentality of the
government. The determination of whether an applicant is an official of a
foreign government is dependent on whether the services performed by the alien
are themselves of an inherently governmental character. In determining whether
such services rise to the level of making the alien an FGO, you should assess
the applicant's level of responsibility within the government and any
policy-making components of the position in question. You should consult with
the Visa Office for cases where the applicants status as an FGO is not clear.
9 FAM 302.7-3(B)(4) (U)
Bureau of Democracy, Human Rights, and Labor, Office of International Religious
Freedom (DRL/IRF)
(CT:VISA-760; 04-11-2019)
a. (U) In
General: DRL/IRF was created within the Department and is headed by the
Ambassador-at-Large for International Religious Freedom. The President
appoints the Ambassador-at-Large with the advice and consent of the Senate, (22
U.S.C. 6411).
b. (U) Responsibilities
of Ambassador-at-Large:
(1) (U) According to 22 U.S.C. 6411(c), the
Ambassador-at-Large has the following primary responsibilities:
(a) (U) Advancing the right to
freedom of religion abroad;
(b) (U) Denouncing violations of
that right, and recommending responses by the U.S. Government when that right
is violated;
(c) (U) Acting as a principal
advisor to the President and the Secretary on matters affecting religious
freedom abroad and, with the advice from the Commission on International
Religious Freedom, must make recommendations regarding the policies of the U.S.
Government toward governments that violate freedom of religion or that fail to
ensure the individuals right to religious belief and practice and policies to
advance the right to religious freedom abroad;
(d) (U) Subject to the direction
of the President and the Secretary of State, acting as the U.S. representative
in matters relating to religious freedom abroad; and
(e) (U) Fulfilling the
requirements under 22 U.S.C. 6412, including preparing the annual International
Religious Freedom Report and sections of the annual Human Rights Report
relating to freedom of religion and freedom from discrimination based on
religion and those portions of other information provided Congress under 22
U.S.C. 2151n and 22 U.S.C. 2304 that
relate to the right to freedom of religion.
(2) (U) Pursuant to 22 U.S.C.
6412 (b), on May 1 of each year, or the first day thereafter on which the
appropriate House of Congress is in session, the Secretary, with the assistance
of the Ambassador-at-Large, submits to Congress the annual report on
International Religious Freedom, supplementing the most recent Human Rights
Report. The report is written with the assistance of and input from all posts;
and identifies on a country-by-country basis the developments in protection and
deterioration of the right to religious freedom. You should consider the
annual reports descriptions of particularly severe violations of religious
freedom committed or tolerated by a countrys government and its officials,
when you are making a determination of whether to request an advisory opinion
regarding an applicants possible inadmissibility under INA 212(a)(2)(G).
9 FAM 302.7-3(C) Unavailable
9 FAM 302.7-3(C)(1) Unavailable
(CT:VISA-801; 05-17-2019)
Unavailable
9 FAM 302.7-3(C)(2) Unavailable
(CT:VISA-801; 05-17-2019)
Unavailable
(1) (U) The applicant served
as a foreign government official (FGO) from a country cited by the Human Rights
Report and/or the Annual Report on International Religious Freedom as having
committed particularly severe violations of religious freedom; and
(2) (U) You reasonably believe
the applicant, during his or her official tenure and at any time immediately
preceding the date of application, has engaged in, was responsible for, or
directly carried out particularly severe violations of religious freedom.
9 FAM 302.7-3(C)(3) Unavailable
(CT:VISA-801; 05-17-2019)
Unavailable
9 FAM 302.7-3(D) (U) Waiver
9 FAM 302.7-3(D)(1) (U)
Waivers for Immigrants
(CT:VISA-200; 09-30-2016)
(U) There is no waiver of INA
212(a)(2)(G) for immigrants.
9 FAM 302.7-3(D)(2) (U)
Waivers for Nonimmigrants
(CT:VISA-200; 09-30-2016)
(U) INA Section 212(d)(3)(A)
waiver provisions apply to nonimmigrants ineligible under INA 212(a)(2)(G).
9 FAM 302.7-3(E) Unavailable
9 FAM 302.7-3(E)(1) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable If you find an
applicant ineligible under INA 212(a)(2)(G) after
following the
9 FAM 302.7-3(E)(2) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-4 (U) PARTICIPATION
IN NAZI PERSECUTIONS - INA 212(a)(3)(E)(i)
9 FAM 302.7-4(A) (U) Grounds
(CT:VISA-1; 11-18-2015)
(U) INA 212(a)(3)(E)(i) renders
ineligible for a visa any alien who participated in the persecution of any
person because of race, religion, national origin, or political opinion during
the period from March 23, 1933, to May 8, 1945, under the direction of or in
association with the Nazi Government of Germany or an allied or occupied
government.
9 FAM 302.7-4(B) (U)
Application
9 FAM 302.7-4(B)(1) (U)
Aliens Presumed Ineligible
(CT:VISA-200; 09-30-2016)
a. (U) In
General: Many members of organizations found to be criminal
organizations by the international Military Tribunal at Nuremburg have been
listed in CLASS under P3E1. All such CLASS entries, as well as all other
aliens who were members of one or more of these organizations, are presumed to
be inadmissible under INA 212(a)(3)(E)(i). It must be borne in mind that this
is a presumption only. While such membership does not automatically render the
alien ineligible for a visa, the applicant has the burden of establishing that,
despite being a member of a designated criminal organization, he or she did not
participate in activities which would fall within the purview of INA
212(a)(3)(E)(i). Criminal organizations, which are identified and
characterized below.
b. (U) Criminal
Organizations: The Leadership Corps of the Nazi Party, the Gestapo, the
SD, and the SS were found by the International Military Tribunal to be criminal
organizations. The Tribunal concluded that these groups were utilized for
purposes involving the persecution and extermination of the Jews, brutalities
and killings in concentration camps, the administration of the slave labor
program, excesses in the administration of occupied territories, and the
mistreatment and murder of prisoners of war.
(1) (U) Leadership
Corps of Nazi Party (NSDAP): The Leadership Corps was the governing
cadre of the Nazi Party (NSDAP). Membership at all levels was voluntary. The
Corps included full-time employees ranging from heads of the various main
departments and offices attached to the Partys Reich Directorate to persons
with territorial jurisdiction over a single area as large as a country.
(2) (U) GESTAPO-Geheime
Staatspolizei (German Secret State Police): In 1936, the German police
forces were centralized under Himmler and reorganized into two new offices: The
Gendarmerie and municipal police and the Sicherheitspolizei, consisting of the
criminal police and the political police. The Gestapo was the active branch of
the political police and had authority to commit persons to concentration camps.
During the war years, the Gestapo also supervised prisoners of war.
(3) (U) SD-Sicherheitsdienst
des Reichsfuehreres SS (Security Service of Police Organization of Nazi Party):
The SD, which began as an intelligence agency, was a security service engaged
in police work in Germany and behind the lines in occupied territories.
(4) (U) SS-Schutzstaffel
der NSDAP (Defense Echelon of Nazi Party): The SS was established as an
elite body guard and security force for top Nazi leaders, replacing by the mid-1930s
the Nazi Storm Troopers (the SA or Sturmabteilung), a mass paramilitary
organization which played an important role in Hitlers rise to power. By the
end of the war, the SS included the regular and security police as well as
divisions of combat troops. For membership purposes, the SS was divided into
two categories: The Allgemeine SS (General SS) and the Waffen SS (Armed or
Military SS).
(a) (U) Allegmeine
SS: While the Allgemeine SS was officially charged with other,
non-criminal duties, some Allgemeine SS members did, in fact, staff and
administer agencies which were responsible for carrying out policies of
persecution throughout Germany and occupied Europe. These agencies included
the:
(i) (U) SD;
(ii) (U) Gestapo;
(iii) (U) Office of the Reich
Commissar for the Strengthening of German Nationhood;
(iv) (U) Race and Settlement
Main Office;
(v) (U) Regionally based SS
and Police Leaders;
(vi) (U) Order Police; and
(vii) (U) SS Deaths Head
units.
(b) (U) Waffen
SS: The Waffen SS developed out of the pre-war Special Service Troops
(SS Verfugungstruppe), whose original purpose was to provide an ideologically
loyal military response to a potential coup against the Nazi regime by the
German Armed Forces. With the outbreak of the war, these units were expanded
into an SS army which the Nazi leadership hoped would one day replace the
traditional German Army. While the Waffen SS did include many front-line
combat units, its members were deeply implicated in the persecution, mass
murder, and other war crimes committed against innocent civilians and prisoners
of war. The Waffen SS was directly involved in countless deportation,
shooting, and anti-partisan actions, the purpose of which was the tracking down
and extermination of persons and groups slated for death by the Nazi regime.
It supplied personnel to and assisted the Einsatzgruppen which rounded up
people for forced labor, concentration camps, and executions. Many Waffen SS
units were composed of renegades and collaborators recruited from among the
peoples of the occupied territories.
9 FAM 302.7-4(B)(2) (U) Other
Aliens Suspected of Ineligibility
(CT:VISA-1; 11-18-2015)
(U) Aliens who engaged in
activities proscribed by INA 212(a)(3)(E)(i) are ineligible for visas
regardless of whether or not they were members of one of the criminal
organizations described in 9 FAM
302.7-4(B)(1). Evidence of possible ineligibility may be found in:
(1) (U) The visa application;
(2) (U) The applicants
statements;
(3) (U) A check of post files;
or
(4) (U) In outside information
available to the consular officer.
9 FAM 302.7-4(B)(3) (U)
Initial Interview of Possibly Ineligible Applicants
(CT:VISA-200; 09-30-2016)
(U) The following lines of inquiry
should be pursued when the applicant affirmatively answers the questions
related to genocide on either Form DS-160, Online Nonimmigrant Visa Application
or DS-260, Online Immigrant Visa Application and Registration, or when other
information relating to the application indicates the possibility of
inadmissibility under INA 212(a)(3)(E)(i).
(1) (U) Certain
German or Austrian Applicants: If the applicant was a German or
Austrian national during the period encompassed by INA 212(a)(3)(E)(i) and
there is reason to believe he or she may be inadmissible under that section,
you inquire whether the applicant:
(a) (U) Was ever a member of, or
in any way affiliated with, any of the following organizations:
(i) (U) The Leadership Corps
of the Nazi Party;
(ii) (U) The Gestapo (Geheime
Staatspolizei);
(iii) (U) The SD
(Sicherheitsdienst des Reichsfuhrer SS); or
(iv) (U) The SS (Schultzstaffel
der NSDAP), including the Allgemeine SS and Waffen SS.
(b) (U) Was ever a member or
affiliate of a police unit or ever performed police duties in any territory
occupied by or allied with the Nazi Government of Germany; and
(c) (U) Ever served as a guard
or received military training at an extermination, concentration, or
prisoner-of-war (POW) camp under the control of the Nazi Government of Germany,
or the government of any area occupied by or allied with the Nazi Government of
Germany.
(2) (U) Non-German
or Austrian Nationals: In the case of possibly inadmissible aliens from
countries allied with or occupied by Nazi Germany during the relevant time
period (see 9 FAM
302.7-4(B)(5) and (6)), the same inquiries specified in paragraph a above
should be pursued concerning the aliens activities and his or her possible
association with organizations involved in persecutions. Many, but not all,
such organizations are listed in 9 FAM
302.7-4(B)(7).
(3) Unavailable
(a) (U) Specific identification
of the organization(s) and/or unit(s) with which the alien served;
(b) (U) Inclusive dates of
service in each organization or unit;
(c) (U) The activities or
mission of each organization or unit;
(d) (U) The aliens rank or
position therein;
(e) (U) The duties and
responsibilities of the alien;
(f) (U) The aliens duty
station(s), if applicable; and
(g) (U) The names of the aliens
commanding officers or superiors.
9 FAM 302.7-4(B)(4) (U)
Availability of Records from Berlin Document Center
(CT:VISA-200; 09-30-2016)
a. (U) In
General: The Berlin Document Center (BDC) serves as the repository for
a substantial portion of the original official archives, records, and files of
the former Nazi Party and some of its most important affiliated organizations.
Although not complete, the records maintained by the Berlin Document Center
were meticulously compiled and the data contained therein are considered
accurate and reliable. The records of all aliens who have P3E1 entries in
the CLASS system are on file at the BDC, as are those of many other Nazi Party
members and members of the criminal organizations listed in 9 FAM
302.7-4(B)(1) above.
b. (U) Requesting
Information from Bundesarchiv:
(1) (U) You must request by
immediate cable to USOFFICE BERLIN a summary of the records of any alien
entered in CLASS as P3E1, any alien who is otherwise known or believed to have
been a member of one of the criminal organizations (9 FAM
302.7-4(B)(1) paragraph b), and any former Nazi Party member who is suspected
of falling within the purview of INA 212(a)(3)(E)(i). Any known aliases and/or
alternate biographic data should be included. The cable should be in the
following format:
ACTION: AmEmbassy Berlin
INFO: Consular Section
Clayallee 170
14191 Berlin
TAGS: CVIS, PGOV, PEPR, (Country TAG for Applicant's Nationality)
(Applicant's Name)
SUBJECT: Requesting Information from
German Federal Authorities
(1) (Subjects name, DPOB) applied
for a (type of visa) on (date of application).
(2) In order to assist in
determination of visa eligibility, request BUNDESARCHIV provide a summary
of information on applicant contained in BUNDESARCHIV files.
(2) (U) Upon receipt of the
BUNDESARCHIV summary (which we will also have received as an addressee), you
should schedule a visa interview and ask the applicant to bring any pertinent
documentation.
c. (U) Reinterview
Based on Bundesarchiv Summaries:
(1) (U) Following receipt of a
BUNDESARCHIV summary, you should:
(a) (U) Re-interview the alien
in depth regarding his or her military or civilian government service and his
or her other activities during the 1933 to 1945 period; and
(b) (U) Ask explicit questions
regarding the aliens participation in and/or awareness of the activities
proscribed by INA 212(a)(3)(E)(i).
(2) (U) Particular attention
should be paid to any apparent discrepancies between the aliens statements and
the BUNDESARCHIV summary.
9 FAM 302.7-4(B)(5) (U)
Governments Allied with Nazi Germany
(CT:VISA-1; 11-18-2015)
a. (U) Bulgaria;
b. (U) Hungary;
c. (U) Italy (Oct. 25, 1936 to
Sept. 3, 1943);
d. (U) Japan (Nov. 25, 1936 to
May 8, 1945);
e. (U) Romania; and
f. (U) USSR (Aug. 23, 1939 to
June 22, 1941)
9 FAM 302.7-4(B)(6) (U)
Countries or Areas Occupied by Germany and/or Nazi-Aligned Governments
(CT:VISA-1; 11-18-2015)
a. (U) Albania;
b. (U) Austria;
c. (U) Belgium;
d. (U) Channel Islands (U. K.);
e. (U) Czechoslovakia;
f. (U) Denmark;
g. (U) Estonia;
h. (U) France;
i. (U) Greece;
j. (U) Latvia;
k. (U) Lithuania;
l. (U) Luxembourg;
m. (U) Netherlands;
n. (U) Norway;
o. (U) Poland;
p. (U) Parts of the Former
USSR; and
q. (U) Yugoslavia Former.
9 FAM 302.7-4(B)(7) (U)
Organizations Under the Direction of the Nazi Government of Germany
(CT:VISA-1; 11-18-2015)
a. (U) Albania;
(1) (U) Albanian Fascist
Militia
(2) (U) Albanian Fascist Party
b. (U) Armenia;
(1) (U) Dashnags
c. (U) Belgium;
(1) (U) De Vlag (The Flag)
(2) (U) Rex Movement
(3) (U) Vlaamech Nationaal
Verbond (Flemish National Movement)
d. (U) Bulgaria;
(1) (U) Sigurnost (State
Security Police)
(2) (U) International
Macedonian Revolutionary Organization (IMRO)
(3) (U) Motorized Police
(4) (U) Rodna Zashtita
(Defense of the Fatherland and the Race)
(5) (U) Uniformina Politsia
(Uniformed Police);
(6) (U) Voenna Politsia
(Military Police)
e. (U) Czechoslovakia;
(1) (U) Nationalsozialistische
Deutsche Arbeiter-Partei (NSDAP)
(2) (U) Deutsche Partei;
(3) (U) Elite Guard Death's
Head Batallions
(4) (U) Free Corps
(5) (U) Freiwillige
Schutzstaffel
(6) (U) Hlinka Guard
(7) (U) SS Einsatzstaffel
(8) (U) SS Einsatztruppe
(9) (U) Svatoplukova Garda
(10) (U) Vlajka
(11) (U) Volksspor
f. (U) Estonia;
(1) (U) Einsatzgruppe
(2) (U) Estonion Legion
(3) (U) Estonian Police
(4) (U) Schutzmannschaften
(5) (U) SD
(6) (U) SS
g. (U) France;
(1) (U) Charlemagne SS
Division;
(2) (U) Francisme;
(3) (U) French Police;
(4) (U) Legion des Volontaires
Francais contre le Bolchevisme (LVF);
(5) (U) Parti Populaire
Francaise (PPF);
(6) (U) Rassemblement National
Populaire (RNP)
h. (U) Greece;
(1) (U) Security Corps
i. (U) Holland;
(1) (U) Algemeine SS
Vlaanderen;
(2) (U) Dutch SS;
(3) (U) NSB (Nationaal
Socialistische Beweging);
(4) (U) NSB Weerafdelingen
(Storm Detachment)
j. (U) Hungary;
(1) (U) Arrow Cross Party
(Nyilas or Pfeilkreutzler);
(2) (U) Awakening Hungarians
(Ebredo Magyarok);
(3) (U) Berczenyui League
(Berczenyi Egyesulet);
(4) (U) Deutsche Mannschaft;
(5) (U) Heimatschutz;
(6) (U) Hungarian Gendarmerie
(Nagyar Kiralyi Czendorseg);
(7) (U) Hungarian Waffen SS;
(8) (U) Hunyadi Division
(Hunyadi Hadoztaly);
(9) (U) Order of Heroes
(Vitezi Rend);
(10) (U) Ragged Guard (Rongyos
Guarda);
(11) (U) Turanian Hunters
(Turani Vadaszok);
(12) (U) Volksbund der
Deutschen in Ungarn
k. (U) Latvia;
(1) (U) Aisbargi;
(2) (U) Arajs Command;
(3) (U) Einsatzgruppe;
(4) (U) Latvian Legion;
(5) (U) Latvian Police;
(6) (U) Perkonkrusts;
(7) (U) Schutzmannschaften;
(8) (U) SD;
(9) (U) SS
l. (U) Lithuania;
(1) (U) Einsatzgruppe;
(2) (U) Iron Wolf (Gelezinis
Vilkas);
(3) (U) Lithuanian Police;
(4) (U) Schutzmannschaften;
(5) (U) SD;
(6) (U) SS
m. (U) Norway;
(1) (U) Norwegian Police;
(2) (U) Nasjonal Samling
n. (U) Poland;
(1) (U) Deutsche Mannschaft;
(2) (U) Einstzgruppe;
(3) (U) Einsatzstaffel;
(4) (U) Hilfspolizei;
(5) (U) Order Police;
(6) (U) Polish Police;
(7) (U) SD;
(8) (U) Selbstschutz;
(9) (U) Sonderdienst;
(10) (U) SS
o. (U) Romania;
(1) (U) Iron Guard;
(2) (U) Legion of Archangel
Michael;
(3) (U) Romanian Gendarmerie
p. (U) Russia;
(1) (U) Cossak Units;
(2) (U) Vlassov Army (Russian
Army of Liberation)
q. (U) (U)
Ukraine; and
(1) (U) Einsatzgruppe
(2) (U) Galician Division
(3) (U) Office for Ukrainian
Affairs in Germany
(4) (U) Schutzmannschaft
(5) (U) SD
(6) (U) SS
(7) (U) Ukrainian Aid
Committee (Ukrainisches Hilfskomite)
(8) (U) Ukrainian Military
Association (UWO - Ukrainska Wyskowa Organizeja)
(9) (U) Ukrainian Partisan
Army (UPA)
(10) (U) Ukrainian Police
r. (U) Yugoslavia
(1) (U) Croatia;
(a) (U) Association of Yugoslav
Moslems (Elhiadaje);
(b) (U) Croat Blue (Flava)
Division;
(c) (U) Croatian Gendarmerie
(Oruznistvo);
(d) (U) Crusaders (Krizari);
(e) (U) Devil (Vraza) Division;
(f) (U) Prinz Eugen SS
Division;
(g) (U) SD;
(h) (U) Specialist Political
Police;
(i) (U) SS;
(j) (U) 13th. SS Handzar
Division;
(k) (U) Ustas (Ustachi);
(2) (U) Slovenia; and
(a) (U) Slovene Homeguard
(Slovene Domobrans)
(3) (U) Serbia
(a) (U) Prinz Eugen SS Division;
(b) (U) Serbian Volunteer Corps;
(c) (U) Special Police
(Belgrade);
(d) (U) Zbor.
9 FAM 302.7-4(C) Unavailable
9 FAM 302.7-4(C)(1) Unavailable
(CT:VISA-760; 04-11-2019)
Unavailable
9 FAM 302.7-4(C)(2) Unavailable
(CT:VISA-760; 04-11-2019)
a. Unavailable
b. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
(4) Unavailable
(5) Unavailable
9 FAM 302.7-4(D) (U) Waiver
9 FAM 302.7-4(D)(1) (U)
Waivers for Immigrants
(CT:VISA-1; 11-18-2015)
(U) There is no waiver relief
available to immigrants who are inadmissible under INA 212(a)(3)(E)(i).
9 FAM 302.7-4(D)(2) (U)
Waivers for Nonimmigrants
(CT:VISA-1; 11-18-2015)
(U) There is no waiver relief
available to nonimmigrants who are inadmissible under INA 212(a)(3)(E)(i).
9 FAM 302.7-4(E) Unavailable
9 FAM 302.7-4(E)(1) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-4(E)(2) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-5 (U) Participation
in Genocide - INA 212(a)(3)(E)(ii)
9 FAM 302.7-5(A) (U) Grounds
(CT:VISA-200; 09-30-2016)
(U) INA 212(a)(3)(E)(ii) provides that applicants are inadmissible if
they ordered, incited, assisted, or otherwise participated in genocide, as
defined in 18 U.S.C. 1091(a).
9 FAM 302.7-5(B) (U)
Application
9 FAM 302.7-5(B)(1) (U) In
General
(CT:VISA-200; 09-30-2016)
(U) To find aliens inadmissible
because of participated in genocide, you must conclude that they:
(1) (U) Ordered genocide;
(2) (U) Conspired to commit
genocide;
(3) (U) Directly and publicly
incited another to commit genocide;
(4) (U) Attempted to commit
genocide; or
(5) (U) Assisted or otherwise
participated in genocide.
9 FAM 302.7-5(B)(2) (U)
Defining Genocide
(CT:VISA-578; 04-25-2018)
a. Unavailable
b. (U) Elements
of Genocide: According to 18 U.S.C. 1091(a), genocide means any of the
following acts committed, whether in time of peace or time of war, with the
specific intent to destroy, in whole or in part, a national, ethnic, racial, or
religious group, as such:
(1) (U) Killing members of a
national, ethnic, racial or religious group;
(2) (U) Causing serious bodily
injury to members of a national, ethnic, racial, or religious group;
(3) (U) Causing the permanent
impairment of the mental faculties of members of a national, ethic, racial or
religious group through drugs, torture, or similar techniques;
(4) (U) Subjecting a national,
ethnic, racial or religious group to conditions of life that are intended to
cause the physical destruction of the group in whole or in part;
(5) (U) Imposing measures
intended to prevent births within a national, ethnic, racial or religious
group; or
(6) (U) Transferring by force
children of a national, ethnic, racial or religious group to another group.
c. (U) Intent
to Commit Genocide: An individual cannot be found inadmissible under
this group unless you conclude that in ordering, inciting, assisting, or
otherwise participating in one of the acts outlined in 9 FAM
302.7-5(B)(2)(b) above, the alien was motivated by a specific intent to
destroy, in whole or in substantial part, the national, ethnic, racial, or
religious group(s) being targeted as such. War crimes, per se, do not
constitute genocide absent the specific intent to destroy one of these groups,
as such, as required by the definition of genocide at 18 U.S.C. 1091(a), as
explained in 9 FAM
302.7-5(B)(2)(b) above (although war crimes could form the basis of an
ineligibility under Presidential Proclamation 8697
Suspension of Entry of Immigrants and Nonimmigrants of Persons Who Participate
in Serious Human Rights and Humanitarian Law Violations and Other Abuses). See
9 FAM
302.14-3(B)(3) on Presidential
Proclamation 8697.
9 FAM 302.7-5(C) Unavailable
9 FAM 302.7-5(C)(1) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-5(C)(2) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
(4) Unavailable
(5) Unavailable
(6) Unavailable
(7) Unavailable
9 FAM 302.7-5(C)(3) (U) Genocide
Committed Under Government Authority
(CT:VISA-53; 02-22-2016)
Unavailable
9 FAM 302.7-5(D) (U) Waiver
9 FAM 302.7-5(D)(1) (U)
Waivers for Immigrants
(CT:VISA-1; 11-18-2015)
(U) There is no waiver relief
available to immigrants who are inadmissible under INA 212(a)(3)(E)(ii).
9 FAM 302.7-5(D)(2) (U)
Waivers for Nonimmigrants
(CT:VISA-1; 11-18-2015)
(U) There is no waiver relief
available to nonimmigrants who are inadmissible under INA 212(a)(3)(E)(ii).
9 FAM 302.7-5(E) Unavailable
9 FAM 302.7-5(E)(1) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-5(E)(2) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-6 (U) Participation
in Torture - INA 212(a)(3)(E)(iii)
9 FAM 302.7-6(A) (U) Grounds
(CT:VISA-127; 05-10-2016)
(U) INA 212(a)(3)(E)(iii) makes
inadmissible any alien who, outside of the United States, has committed ,
ordered, incited, assisted, or otherwise participated in the commission of any
act of torture under color of law as defined under 18 U.S.C. 2340.
9 FAM 302.7-6(B) (U)
Application
9 FAM 302.7-6(B)(1) (U) In
General
(CT:VISA-200; 09-30-2016)
Unavailable
9 FAM 302.7-6(B)(2) (U)
Defining Torture
(CT:VISA-127; 05-10-2016)
a. (U) In General: As mandated
by the INA, the definition of torture to be used in the application of this
ground of inadmissibility is found at 18 U.S.C. 2340.
b. (U) Elements of Torture: According
to 18 U.S.C. 2340 torture is:
(1) (U)
An act;
(2) (U)
Committed by a person;
(3) (U)
Acting under the color of law;
(4) (U)
Specifically intended to inflict severe physical or mental pain and
suffering (other than pain or suffering incidental to lawful sanction);
(5) (U)
Upon another person within his [or her] custody or physical control. See
18 U.S.C. 2340(1).
c. (U) Acts by Private Individuals: Actions
by private individuals not acting under color of law do not constitute torture
for purposes of this ground of inadmissibility. "Color of law" is
defined below.
d. (U) Definition of "Severe Mental Pain or Suffering: The prolonged mental harm caused by or resulting
from:
(1) (U)
The intentional infliction or threatened infliction of severe physical
pain or suffering;
(2) (U)
The administration or application, or threatened administration or
application, of mind-altering substances or other procedures calculated to
disrupt profoundly the senses or the personality;
(3) (U) The threat of imminent
death; or
(4) (U)
The threat that another person will imminently be subjected to death,
severe physical pain or suffering, or the administration or application of
mind-altering substances or other procedures calculated to disrupt profoundly
the senses or personality. See 18 U.S.C. 2340(2).
9 FAM 302.7-6(B)(3) (U) Color
of Law
(CT:VISA-127; 05-10-2016)
(U) For
INA 212(a)(3)(E)(iii) purposes, "color
of law" applies when an official person acts, purports, or pretends to act
in the performance of official duties. Also consider the following when
evaluating color of law:
(1) (U)
Off-duty conduct may be covered under the color of law standard if the perpetrator
asserts his or her official status in some manner.
(2) (U)
Public officials who are not law enforcement officers, such as judges
and prosecutors, or even nongovernmental employees also may assert authority
under color of law.
9 FAM 302.7-6(B)(4) (U)
Command Responsibility
(CT:VISA-127; 05-10-2016)
a. (U) In General: The INA language committed, ordered, incited,
assisted, or otherwise participate in is intended to reach behavior of persons
directly or personally associated with the covered acts, including those with
command or superior responsibility. An applicant may be found inadmissible not
only for the commission of an act of torture, but also for planning, ordering,
authorizing, encouraging, or permitting subordinates to commit torture, or
exercising command responsibility over, conspiring with, aiding and abetting
such forces in their commission of, such abuses.
b. (U) Application of Command Responsibility: For the purposes of
applying this ground of inadmissibility, command responsibility can refer to
the responsibility of a military commander, a person effectively acting as a
military commander or other superior, including non-military contexts, for
unlawful acts when:
(1) (U)
The forces who committed the abuses or unlawful acts were subordinates
of the commander or superior (i.e., they were under the superior or commanders
control either as a matter of law or as a matter of fact);
(2) (U)
The superior or commander knew or, in light of the circumstances at the
time, should have known, that the subordinates had committed, were committing,
or were about to commit unlawful acts; and
(3) (U)
The superior or commander failed to prove that he had taken the
necessary and reasonable measures to (a) prevent or stop the subordinates from
committing such acts or (b) investigate the acts committed by subordinates in a
genuine effort to punish the perpetrators.
9 FAM 302.7-6(B)(5) (U)
"Otherwise Participated In" Encompasses "Attempts" and
"Conspiracies"
(CT:VISA-127; 05-10-2016)
a. (U) In General: Attempts and conspiracies to commit torture under
this ground are encompassed in the "otherwise participated in"
language in the law.
b. (U) Defining Attempt: It will be considered an attempt if the
individual:
(1) (U)
Intends to commit, order, incite, assist, or otherwise participate in
acts of torture as defined above; and
(2) (U)
Performs any overt act constituting a substantial step towards
committing, ordering, inciting, assisting or otherwise participating in
torture. The overt act itself need not be a crime.
c. (U) Defining Conspiracy: It will be considered a conspiracy if
the individual:
(1) (U)
Knowingly agrees with at least one other individual to commit, order,
incite, assist, or otherwise participate in torture; and
(2) (U)
Any one of the conspirators commits an overt act in furtherance of the
agreement. The overt act itself need not be a crime.
9 FAM 302.7-6(B)(6) (U)
Incitement
(CT:VISA-127; 05-10-2016
a. (U) In General: Incitement
is speech that intends to induce and specifically calls on another person to
imminently participate in acts of torture.
b. (U) There Must Be a Clear Link between Speech and Torture: Normally
speech will not rise to the level of "inciting" unless there is a
clear link between the speech and an actual effort to participate in torture,
including proximity in time. It connotes speech that is not merely an
expression of views but that directs or induces action, typically in a volatile
situation. Normally, "incitement" will not include an individual
exercising free speech.
c. (U) Incitement without Torture: The
applicant may have incited participation in torture even if such acts do not
actually occur (e.g., because an attempt to commit such activity was thwarted).
9 FAM 302.7-6(B)(7) (U) A, G,
and NATO Applicants
(CT:VISA-892; 07-15-2019)
Unavailable
9 FAM 302.7-6(C) Unavailable
9 FAM 302.7-6(C)(1) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-6(C)(2) Unavailable
(CT:VISA-578; 04-25-2018)
a. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
(4) Unavailable
(5) Unavailable
(6) Unavailable
(7) Unavailable
b. Unavailable
9 FAM 302.7-6(C)(3) Unavailable
(CT:VISA-892; 07-15-2019)
Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
(4) Unavailable
(5) Unavailable
(6) Unavailable
(7) Unavailable
(8) Unavailable
(9) Unavailable
9 FAM 302.7-6(D) (U) Waiver
9 FAM 302.7-6(D)(1) (U)
Waivers for Immigrants
(CT:VISA-1; 11-18-2015)
(U) There is no waiver available
for immigrant visa applicants found inadmissible under INA 212(a)(3)(E)(iii)
based on the commission of acts of torture.
9 FAM 302.7-6(D)(2) (U)
Waivers for Nonimmigrants
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-6(E) Unavailable
9 FAM 302.7-6(E)(1) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-6(E)(2) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-7 (U) Participation
in Extrajudicial Killings - INA 212(a)(3)(E)(iii)
9 FAM 302.7-7(A) (U) Grounds
(CT:VISA-200; 09-30-2016)
(U) INA 212(a)(3)(E)(iii) makes inadmissible any alien who, outside of
the United States, has under color of law committed, ordered, incited,
assisted, or otherwise participated in the commission of an extrajudicial
killing as defined in section 3(a) of the Torture Victim Protection Act of 1991
(TVPA), 28 U.S.C. 1350.
9 FAM 302.7-7(B) (U)
Application
9 FAM 302.7-7(B)(1) (U) In
General
(CT:VISA-200; 09-30-2016)
Unavailable
9 FAM 302.7-7(B)(2) (U)
Defining Extrajudicial Killing
(CT:VISA-127; 05-10-2016)
a. (U) In General: As mandated
by the INA, the definition of extrajudicial killing to be used in the
application of this ground of inadmissibility is that found in section 3(a) of
the Torture Victims Protection Act of 1991 (28 U.S.C. 1350 note).
b. (U) Elements of Extrajudicial Killing: According to 28 U.S.C. 1350 note extrajudicial killing is:
(1) (U)
A deliberated killing;
(2) (U)
Not authorized by a previous judgment pronounced by a regularly
constituted court affording all the judicial guarantees which are recognized as
indispensable by civilized peoples. Such term, however, does not include any
such killing that, under international law, is lawfully carried out under the
authority of a foreign nation. TVPA Section 3(a), 28 U.S.C. 1350 note.
c. (U) Acts by Private Individuals: Actions
by private individuals not acting under color of law do not constitute
extrajudicial killing for purposes of this ground of inadmissibility.
9 FAM 302.7-7(B)(3) (U) Color
of Law
(CT:VISA-127; 05-10-2016)
(U) For
INA 212(a)(3)(E)(iii) purposes,
"color of law" applies when an official person acts, purports or
pretends to act in the performance of official duties. Also consider the
following when evaluating color of law:
(1) (U)
Off-duty conduct may be covered under the color of law standard if the
perpetrator asserts his or her official status in some manner.
(2) (U)
Public officials who are not law enforcement officers, such as judges
and prosecutors, or even nongovernmental employees also may assert authority
under color of law.
9 FAM 302.7-7(B)(4) (U)
Command Responsibility
(CT:VISA-127; 05-10-2016)
a. (U) In General: The INA
language committed, ordered, incited, assisted, or otherwise participate in
is intended to reach behavior of persons directly or personally associated with
the covered acts, including those with command or superior responsibility. See
S.REP 108-209 at 10. An applicant may be found inadmissible not only for the commission
of an act of extrajudicial killing, but also for planning, ordering,
authorizing, encouraging, or permitting subordinates to commit extrajudicial
killing, or exercising command responsibility over, conspiring with, aiding and
abetting such forces in their commission of, such abuses.
b. (U) Application of Command Responsibility: For the purposes of applying this ground of
inadmissibility, command responsibility can refer to the responsibility of a
military commander, a person effectively acting as a military commander or
other superior, including non-military contexts, for unlawful acts when:
(1) (U)
The forces who committed the abuses or unlawful acts were subordinates
of the commander or superior (i.e., they were under the superior or commanders
control either as a matter of law or as a matter of fact);
(2) (U)
The superior or commander knew or, in light of the circumstances at the
time, should have known, that the subordinates had committed, were committing,
or were about to commit unlawful acts; and
(3) (U) The superior or
commander failed to prove that he had taken the necessary and reasonable
measures to (a) prevent or stop the subordinates from committing such acts or
(b) investigate the acts committed by subordinates in a genuine effort to punish
the perpetrators.
9 FAM 302.7-7(B)(5) (U)
"Participated in" includes "Attempts" and
"Conspiracies"
(CT:VISA-127; 05-10-2016)
a. (U) In General: Attempts and conspiracies to commit extrajudicial
killing under this ground are encompassed in the "otherwise
participated" language.
b. (U) Defining Attempt: It
will be considered an attempt if the individual:
(1) (U)
Intends to commit, order, incite, assist, or otherwise participate in
acts of extrajudicial killing as defined above; and
(2) (U) Performs any overt act
constituting a substantial step towards committing, ordering, inciting,
assisting or otherwise participating in extrajudicial killing. The overt act
itself need not be a crime.
c. (U) Defining Conspiracy: It
will be considered a conspiracy if the individual:
(1) (U)
Knowingly agrees with at least one other individual to commit, order,
incite, assist, or otherwise participate in extrajudicial killing; and
(2) (U) Any one of the
conspirators commits an overt act in furtherance of the agreement. The overt
act itself need not be a crime.
9 FAM 302.7-7(B)(6) (U)
Incitement
(CT:VISA-127; 05-10-2016)
a. (U) In General: Incitement
is speech that intends to induce and specifically calls on another person to
imminently participate in acts of extrajudicial killing.
b. (U) Clear Link between Speech and Torture: Normally speech will not rise to the level of
"inciting" unless there is a clear link between the speech and an
actual effort to participate in extrajudicial killing, including proximity in
time. It connotes speech that is not merely an expression of views but that
directs or induces action, typically in a volatile situation. Normally,
"incitement" will not include an individual exercising free speech.
c. (U) Incitement without Killing: The
applicant may have incited participation in extrajudicial killing even if such
acts do not actually occur (e.g., because an attempt to commit such activity
was thwarted).
9 FAM 302.7-7(B)(7) (U) A, G,
and NATO Applicants
(CT:VISA-892; 07-15-2019)
Unavailable
9 FAM 302.7-7(C) Unavailable
9 FAM 302.7-7(C)(1) Unavailable
(CT:VISA-892; 07-15-2019)
Unavailable
9 FAM 302.7-7(C)(2) Unavailable
(CT:VISA-578; 04-25-2018)
a. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
(4) Unavailable
(5) Unavailable
(6) Unavailable
(7) Unavailable
b. Unavailable
9 FAM 302.7-7(C)(3) Unavailable
(CT:VISA-892; 07-15-2019)
Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
(4) Unavailable
(5) Unavailable
(6) Unavailable
(7) Unavailable
(8) Unavailable
(9) Unavailable
9 FAM 302.7-7(C)(4) Unavailable
(CT:VISA-453; 09-26-2017)
a. Unavailable
b. Unavailable
c. Unavailable
9 FAM 302.7-7(D) (U) Waiver
9 FAM 302.7-7(D)(1) (U)
Waivers for Immigrants
(CT:VISA-578; 04-25-2018)
(U) There is no waiver available
for immigrant visa applicants found inadmissible under INA 212(a)(3)(E)(iii)
based on the commission of an act of extrajudicial killing.
9 FAM 302.7-7(D)(2) (U) Waivers
for Nonimmigrants
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-7(E) Unavailable
9 FAM 302.7-7(E)(1) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-7(E)(2) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-8 (U) Participation
in the Use or Recruitment of Child Soldiers - INA 212(a)(3)(G)
9 FAM 302.7-8(A) (U) Grounds
(CT:VISA-200; 09-30-2016)
(U) INA 212(a)(3)(G) makes
inadmissible any alien who has engaged in the recruitment or use of child
soldiers (persons under the age of 15) in violation of 18 U.S.C. 2442.
9 FAM 302.7-8(B) (U)
Application
9 FAM 302.7-8(B)(1) (U) In
General
(CT:VISA-200; 09-30-2016)
a. (U) Under 18 U.S.C. 2442, it
is a criminal offense for anyone to:
(1) (U) Have knowingly
recruited, enlisted, or conscripted a person to serve while such person is
under 15 years of age in an armed force or group, knowing that the person is
under 15 years of age; or
(2) (U) Have knowingly used a
person under 15 years of age to participate actively in hostilities, knowing
that the person is under 15 years of age; or
(3) (U) Have attempted or
conspired to violate paragraphs (1) or (2).
b. (U) Applicants who have
engaged in the activities described in subsection (a) above are inadmissible
under INA 212(a)(3)(G). A conviction or indictment under 18 U.S.C. 2442, or
under any other domestic or foreign statute, by a U.S. or foreign court, is not
required.
c. (U) The ground of
inadmissibility is retroactive, so actions taken at any time can make an
applicant inadmissible.
d. (U) An applicant may have
engaged in the recruitment or use of child soldiers in violation of 18 U.S.C.
2442 but may not have been physically proximate to the location of the
violation. Therefore, the physical proximity of the applicant to the violation
is not necessarily determinative of whether this provision applies.
9 FAM 302.7-8(B)(2) (U)
Definitions
(CT:VISA-127; 05-10-2016)
(U) For purposes of INA
212(a)(3)(G), or other purposes as specifically indicated below:
(1) (U) "Child" in
this context refers to a person under 15 years of age;
(2) (U) "Recruitment,"
or variations thereof, refers to any act of recruitment, enlistment, or
conscription into an armed group or armed force or any attempt or conspiracy to
recruit, enlist, or conscript into an armed group or armed force, even if the
relevant action occurred during peace time and the child was never involved in
combat or other military activities related to combat;
(3) (U) "Use" refers
to any use of child soldiers for active participation in hostilities;
(4) (U) "Armed force or
group" refers to any army, militia, or other military organization,
whether or not it is state-sponsored, excluding any group assembled solely for
nonviolent political association, consistent with the definition in 18 U.S.C.
2442(d)(2);
(5) (U) "Active
participation in hostilities," means:
(a) (U) Taking part in combat or
military activities related to combat, including sabotage and serving as a
decoy, a courier, or at a military checkpoint; or
(b) (U) Taking part in direct
support functions related to combat, including transporting supplies or
providing other services
Note: This definition is consistent with 18 U.S.C.
2442(d)(1).
(c) (U) Active participants in
hostilities may include (nonexhaustive):
(i) (U) Combatants;
(ii) (U) Porters;
(iii) (U) Spies or informants;
(iv) (U) Couriers;
(v) (U) Human mine detectors;
or
(vi) (U) Executioners.
9 FAM 302.7-8(B)(3) (U)
Attempt or Conspiracy to Recruit or Use Child Soldiers
(CT:VISA-1; 11-18-2015)
a. (U) "Attempt":
An applicant may be ineligible for a visa based on attempts to recruit, enlist,
or conscript a child into an armed force or group, or any attempt to use a
child as an active participant in hostilities. It will be considered an
attempt if the individual:
(1) (U) Intends to recruit or
use child soldiers as defined in this Act; and
(2) (U) Performs any overt act
constituting a substantial step towards recruiting or using child soldiers.
The overt act itself does not need to be a crime.
b. (U) "Conspiracy":
An applicant may be ineligible based on involvement in a conspiracy to recruit,
enlist, or conscript a child into an armed force or group, or a conspiracy to
use a child as an active participant in hostilities. It will be
considered conspiracy if the individual:
(1) (U) Knowingly agrees with
at least one other individual to recruit or use child soldiers; and
(2) (U) Any one of the conspirators
commits an overt act in furtherance of the agreement. The overt act itself
does not need to be a crime.
9 FAM 302.7-8(B)(4) (U)
Gathering Information
(CT:VISA-578; 04-25-2018)
a. Unavailable
b. Unavailable
c. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
(4) Unavailable
d. Unavailable
9 FAM 302.7-8(B)(5) (U) A, G,
and NATO Applicants
(CT:VISA-892; 07-15-2019)
Unavailable
9 FAM 302.7-8(C) Unavailable
9 FAM 302.7-8(C)(1) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-8(C)(2) Unavailable
(CT:VISA-453; 09-26-2017)
a. Unavailable
b. Unavailable
c. (U) Include all available
information on the following:
(1) Unavailable
(2) Unavailable
(3) Unavailable
(4) Unavailable
(5) Unavailable
(6) Unavailable
(7) Unavailable
(8) Unavailable
(9) Unavailable
(10) Unavailable
(11) Unavailable
9 FAM 302.7-8(D) (U) Waiver
9 FAM 302.7-8(D)(1) (U)
Waivers for Immigrants
(CT:VISA-1; 11-18-2015)
(U) There is no waiver available
for immigrants found inadmissible under INA 212(a)(3)(G).
9 FAM 302.7-8(D)(2) (U)
Waivers for Nonimmigrants
(CT:VISA-200; 09-30-2016)
Unavailable
9 FAM 302.7-8(E) Unavailable
9 FAM 302.7-8(E)(1) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-8(E)(2) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-9 (U) Participation
in Forced or Coercive Abortion or Sterilization - 8 U.S.C. 1182e
9 FAM 302.7-9(A) (U) Grounds
(CT:VISA-742; 02-11-2019)
(U) Section 801, Division A, of
the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001 (8 U.S.C. 1182e) prohibits
the issuance of a visa to any foreign national whom the Secretary of State
finds, based on credible and specific information, to have been directly
involved in the establishment or enforcement of population control policies
forcing a woman to undergo an abortion against her free choice or forcing a man
or woman to undergo sterilization against his or her free choice, unless the
Secretary has substantial grounds for believing that the foreign national has
discontinued his or her involvement with, and support for, such policies.
9 FAM 302.7-9(B) (U)
Application
9 FAM 302.7-9(B)(1) Unavailable
(CT:VISA-742; 02-11-2019)
a. (U) In General: 8 U.S.C.
1182e requires that there be a finding,
based on credible and specific information, that the applicant was directly
involved in the establishment or enforcement of population control policies
forcing a woman to undergo an abortion against her free choice or forcing a man
or woman to undergo involuntary sterilization against his or her free choice.
b. Unavailable
c. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
(4) Unavailable
(a) Unavailable
(b) Unavailable
(c) Unavailable
(d) Unavailable
(i) Unavailable
(ii) Unavailable
(e) Unavailable
(i) Unavailable
(A) Unavailable
(I) Unavailable
(B) Unavailable
(C) Unavailable
(D) Unavailable
(E) Unavailable
(F) Unavailable
(ii) Unavailable
(A) Unavailable
(B) Unavailable
(C) Unavailable
(I) Unavailable
(II) Unavailable
(D) Unavailable
(iii) Unavailable
(A) Unavailable
(B) Unavailable
(C) Unavailable
(D) Unavailable
(E) Unavailable
(F) Unavailable
(I) Unavailable
(II) Unavailable
(III) Unavailable
(G) Unavailable
(H) Unavailable
(I) Unavailable
(J) Unavailable
(K) Unavailable
(iv) Unavailable
(A) Unavailable
(B) Unavailable
(C) Unavailable
(D) Unavailable
(E) Unavailable
(F) Unavailable
(G) Unavailable
(I)
Unavailable
(H) Unavailable
(I) Unavailable
(J) Unavailable
(K) Unavailable
(v) Unavailable
(A) Unavailable
9 FAM 302.7-9(B)(2) (U)
Exception for High Level Officials
(CT:VISA-742; 02-11-2019)
Unavailable
9 FAM 302.7-9(B)(3) Unavailable
(CT:VISA-742; 02-11-2019)
a. (U) Exception In General: Under
8 U.S.C. 1182e, an individual who was directly involved in the establishment
and enforcement of population control policies in the past may still be
eligible for a visa if there are "substantial grounds" for believing
that the applicant both:
(1) (U) has discontinued
involvement with such policies; and
(2) (U) no longer supports
such policies.
b. Unavailable
c. (U) Requires Complete Discontinued
Involvement and Unqualified Renunciation of Support: This exception only
applies if the applicant has both completely discontinued involvement with, and
renounced support for, such policies without reservation or qualification.
d. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
(a) Unavailable
(b) Unavailable
(i) Unavailable
(ii) Unavailable
9 FAM 302.7-9(B)(4) Unavailable
(CT:VISA-742; 02-11-2019)
a. Unavailable
b. Unavailable
9 FAM 302.7-9(B)(5) Unavailable
(CT:VISA-742; 02-11-2019)
a. Unavailable
b. Unavailable
(1) Unavailable
(2) Unavailable
9 FAM 302.7-9(C) (U) Advisory
Opinions
9 FAM 302.7-9(C)(1) Unavailable
(CT:VISA-742; 02-11-2019)
a. Unavailable
b. Unavailable
c. Unavailable
d. Unavailable
e. Unavailable
9 FAM 302.7-9(C)(2) Unavailable
(CT:VISA-742; 02-11-2019)
a. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
(4) Unavailable
(5) Unavailable
(6) Unavailable
(7) Unavailable
(8) Unavailable
(9) Unavailable
(10) Unavailable
b. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
(4) Unavailable
c. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
d. Unavailable
e. Unavailable
f. Unavailable
9 FAM 302.7-9(C)(3) (U) Withdrawing
an AO Request
(CT:VISA-742; 02-11-2019)
a. Unavailable
b. Unavailable
9 FAM 302.7-9(C)(4) (U) Advisory
Opinion Procedures
(CT:VISA-742; 02-11-2019)
a. Unavailable
b. Unavailable
9 FAM 302.7-9(D) (U) Waiver
9 FAM 302.7-9(D)(1) (U)
Waivers for Immigrants
(CT:VISA-742; 02-11-2019)
a. (U) Generally: A waiver of
this section is available if the Secretary of State determines that it is
important to the national interest of the United States to do so and provides
written notification to the appropriate congressional committees containing a
justification for the waiver.
b. Unavailable
c. Unavailable
d. Unavailable
e. Unavailable
f. Unavailable
9 FAM 302.7-9(D)(2) (U)
Waivers for Nonimmigrants
(CT:VISA-742; 02-11-2019)
a. (U) Generally: A waiver of
this section is available with respect to a foreign national if the Secretary
of State determines that it is important to the national interest of the United
States to do so and provides written notification to the appropriate
congressional committees containing a justification for the waiver.
b. Unavailable
c. Unavailable
d. Unavailable
e. Unavailable
f. Unavailable
9 FAM 302.7-10 (U) Participation
in Coercive Organ or Tissue Transplantation - 8 U.S.C. 1182f
9 FAM 302.7-10(A) (U) Grounds
(CT:VISA-1; 11-18-2015)
(U) 8 U.S.C. 1182f prohibits the
issuance of a visa to any individual whom the Secretary of State finds, based
on credible and specific information, to have been directly involved in with
the coercive transplantation of human organs or bodily tissue, unless there is
substantial grounds for believing that the individual has discontinued his or
her involvement with, and support for, such practices.
9 FAM 302.7-10(B) (U)
Application
(CT:VISA-1; 11-18-2015)
(U) 8 U.S.C. 1182f does not apply
to an applicant who is a head of state, head of government, or cabinet level
minister.
9 FAM 302.7-10(C) (U) Post
Procedure: Advisory Opinions
(CT:VISA-892; 07-15-2019)
(U) If you believe an applicant is
covered by 8 U.S.C. 1182f please submit an advisory opinion to CA/VO/L. See 9 FAM 304.3.
9 FAM 302.7-10(D) (U) Waiver
9 FAM 302.7-10(D)(1) (U)
Waivers for Immigrants
(CT:VISA-699; 10-15-2018)
(U) A waiver of 8 U.S.C. 1182f is available if the Secretary of State
determines that it is important to the national interest of the United States
to do so and provides written notification to the appropriate congressional
committees containing a justification for the waiver within 30 days of the
issuance of the visa.
9 FAM 302.7-10(D)(2) (U)
Waivers for Nonimmigrants
(CT:VISA-699; 10-15-2018)
(U) A waiver of 8 U.S.C. 1182f is available if the Secretary of State
determines that it is important to the national interest of the United States
to do so and provides written notification to the appropriate congressional
committees containing a justification for the waiver within 30 days of the
issuance of the visa.
9 FAM 302.7-10(E) Unavailable
9 FAM 302.7-10(E)(1) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-10(E)(2) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-11 (U) PRESIDENTIAL
PROCLAMATION 8697
9 FAM 302.7-11(A) (U) Grounds
(CT:VISA-578; 04-25-2018)
a. (U) On August 4, 2011,
President Obama issued Presidential Proclamation 8697 on the Suspension of
Entry as Immigrants and Nonimmigrants of Persons Who Participate in Serious
Human Rights and Humanitarian Law Violations and Other Abuses.
b. (U) 8 U.S.C. 1182f prohibits
the issuance of a visa to any individual whom the Secretary of State finds,
based on credible and specific information, to have been directly involved in
with the coercive transplantation of human organs or bodily tissue, unless
there is substantial grounds for believing that the individual has discontinued
his or her involvement with, and support for, such practices.
c. (U) PP 8697 generally
covers the following classes of persons:
(1) (U) Any alien who planned,
ordered, assisted, aided and abetted, committed or otherwise participated in,
including through command responsibility, widespread or systematic violence
against any civilian population based in whole or in part on race, color,
descent, sex, disability, membership in an indigenous group, language,
religion, political opinion, national origin, ethnicity, membership in a
particular social group, birth, or sexual orientation or gender identity, or
who attempted or conspired to do so. (See 9 FAM
302.14-3(B)(3); or
(2) (U) Any alien who planned,
ordered, assisted, aided and abetted, committed or otherwise participated in,
including through command responsibility, war crimes, crimes against humanity,
or other serious violations of human rights, or who attempted or conspired to
do so. (See 9 FAM
302.14-3(B)(3).)
d. (U) PP 8697 does not apply
to an alien if the Secretary determines that the individual's particular entry
either would not harm U.S. foreign relations interests or would be in the
interests of the United States. This latter determination is to be made in
consultation with the Secretary of Homeland Security on matters related to
admissibility or inadmissibility within the authority of the Secretary of
Homeland Security.
9 FAM 302.7-11(B) (U)
Definitions
(CT:VISA-578; 04-25-2018)
(U) The definitions below were
developed to help you determine whether an alien's conduct falls within the
scope of PP 8697; they do not represent a definitive state of the Department's
views on these issued under international or domestic law.
(1) (U) Widespread or Systematic
Violence:
(a) (U) Widespread violence can
be characterized by its extensive nature. Factors in assessing whether violence
was widespread could include the number of victims or locations, and the
number, type, or frequency of violent incidents involved.
(b) (U) Systematic violence can
be characterized by a pattern, policy, or plan, such as an organized nature to
the violence in question.
(U) Note: "Widespread
or Systematic Violence," like "Other Serious Violations of Human
Rights" (see paragraph (2)(c) below ), does not require contextual
determinations regarding the existence of an "armed conflict" or
"state or organizational policies." To the extent that certain acts
meet this definition, it is not necessary to determine whether they also or
independently meet the definitions in section (2)(a) or (2)(b) below.
(2) (U) War Crimes, Crimes Against
Humanity, or Other Serious Violations of Human Rights:
(a) (U) The term war crimes
refers to serious violations of the laws of war committed by, or conspired,
attempted, or ordered to be committed by, any person (civilian or military).
War crimes only occur in the context of armed conflict. Internal disturbances
and tensions, such as riots, isolated and sporadic acts of violence, and other
acts of a similar nature generally are not considered armed conflicts in this
context. The following acts may be examples of war crimes (see also, the War
Crimes Act, 18 U.S.C. 2441):
(i) (U) Grave breaches of the
Geneva Conventions of August 12, 1949, which include any of the following acts
against persons (e.g., civilians, detainees, wounded combatants) or property
protected under the Geneva Conventions:
(U) Willful killing;
(U) Torture or inhuman treatment,
including biological experiments;
(U) Willfully causing great suffering, or
serious injury to body or health;
(U) Extensive destruction and
appropriation of property not justified by military necessity and carried out
unlawfully and wantonly;
(U) Compelling a prisoner of war or other
protected person to serve in the forces of the hostile Power;
(U) Willfully depriving a prisoner of war
or other protected person of the rights of fair and regular trial;
(U) Unlawful deportation or transfer or
unlawful confinement of a protected person;
(U) Taking of hostages.
(ii) (U) Intentionally
directing attacks against buildings dedicated to religion, education, art,
science or charitable purposes, historic monuments, hospitals and places where
the sick and wounded are collected, provided that these buildings are not
military objectives;
(iii) (U) Intentionally
directing attacks against the civilian population as such or against individual
civilians or civilian objects (objects that are not military objectives);
(iv) (U) Rape, sexual assault,
sexual slavery, or sexual abuse;
(v) (U) Making use of poison,
such as poisoning wells or streams;
(vi) (U) Maltreatment of dead
bodies;
(vii) (U) Purposeless
destruction, such as firing on civilian localities that are undefended and
without military significance;
(viii) (U) Misuse of a flag of
truce (e.g., a person using a flag of truce to feign an intention to surrender
when there is no such intention);
(ix) (U) Misuse of the Red
Cross emblem (e.g., a person using a red cross to attempt to shield a building
from attack when the building is actually being used for military purposes and
may lawfully be attacked);
(x) (U) Pillage (i.e., a
commander forcibly taking an enemy civilians private property for private or
personal use without any military necessity nor other proper legal
authorization);
(xi) (U) Summarily executing
detainees without trial;
(xii) (U) Declaring that no
quarter be given (i.e., a commander directing his forces not to accept any
surrender from the enemy and instead to execute summarily captured enemy
persons who have surrendered);
(xiii) (U) Using measures of
intimidation or of terrorism against the civilian population;
(xiv) (U) Intentionally
directing attacks against non-combatant personnel, installations or vehicles
used in humanitarian assistance or in peacekeeping missions;
(xv) (U) Subjecting persons who
are in the power of an adverse party to physical mutilation or scientific
experiments;
(xvi) (U) Using human shields;
(xvii) (U) Ordering the
displacement of the civilian population unless the security of the civilians
involved or imperative military reasons so demand;
(xviii) (U) Conscripting or
enlisting children under the age of fifteen years into the national armed
forces or armed groups or using them to participate actively in hostilities.
(b) (U) "Crimes against
humanity" are generally characterized by certain acts that are committed
as part of a widespread and systematic attack, as defined in (a) above,
directed against a civilian population, where the attack is pursuant to or in
furtherance of a state or organizational policy to commit such an attack.
(i) (U) The act itself must
be committed with knowledge of the larger attack (e.g., the act must be
committed under circumstances in which the perpetrator knew of the attack and
was aware of the connection between his or her act and the attack).
(ii) (U) The attack need not
amount to, or occur in the context of, an armed conflict.
(iii) (U) The types of acts
that can amount to crimes against humanity when committed in the circumstances
described above in section 2 and 2(a) include:
(U) Murder;
(U) Extermination;
(U) Enslavement;
(U) Deportation or forcible transfer of a
civilian population;
(U) Imprisonment or other severe deprivation
of physical liberty;
(iv) (U) Torture;
(v) (U) Rape, sexual slavery,
enforced prostitution, forced pregnancy, enforced sterilization, or any other
form of sexual violence of comparable gravity;
(vi) (U) Persecution against
any identifiable group or collectivity on political, racial, national, ethnic,
cultural, religious, or gender grounds;
(vii) (U) Enforced
disappearances of persons;
(viii) (U) Apartheid;
(ix) (U) Other inhumane acts of
a similar character intentionally causing great suffering, or serious injury to
body or to mental or physical health.
(c) (U) "Other Serious
Violations of Human Rights" do not need to be committed within the context
of a widespread and systematic attack or an armed conflict. They include:
(i) (U) acts of slavery, the
slave trade, and genocide regardless of who commits the acts; and
(ii) (U) the following and
similar types of acts when committed under color of authority whether at a
national, state, provincial, local or municipal level of government:
(U) Torture or cruel, inhuman or
degrading treatment or punishment;
(U) Prolonged arbitrary detention;
(U) Enforced disappearance of a person;
(U) Arbitrary or extrajudicial killings
and other flagrant denial of the right to life, liberty or security of a person;
(U) Rape, enforced prostitution, forced
pregnancy, forced abortion, enforced sterilization, or any other form of sexual
violence of comparable gravity;
(U) Abuse of prisoners and detainees;
(U) Arbitrary imprisonment for political
motives;
(U) Forced labor;
(U) Egregious suppression, meaning
"to put down [by force or otherwise], to subdue, quell or crush," of
a persons right to freedom of opinion, belief, expression or association
(suppression here covers actions that are more extreme and serious rather than
any action that somehow interferes with someone's rights);
(U) Unlawful recruitment into or use of
children in armed forces or armed groups;
(U) Apartheid or systematic racial
discrimination;
(U) Systematic discrimination against or
persecution of members of any identifiable group based in whole or in part on
race, color, descent, sex, disability, membership in an indigenous group,
language, religion, political opinion, national origin, ethnicity, membership
in a particular social group, birth or sexual orientation or gender identity.
(U) Discrimination
based on "birth," as used here, refers to discrimination against
someone because he or she was born out of wedlock, born of stateless parents,
was adopted, or is part of a family including such persons. It also could
involve discrimination because of descent, especially on the basis of caste and
analogous systems of inherited status.
(d) (U) Command responsibility
can refer to the responsibility of a military commander, a person effectively
acting as a military commander, or other superiors that exercise effective
control over their subordinates for any of the acts referred to above committed
by a subordinate. Command responsibility exists in circumstances in which the
commander knew or should have known that the subordinate was about to commit
such acts or was in the process of committing or had committed such acts, and
the commander failed to take the necessary and reasonable measures to prevent
such acts, to halt such acts, and/or to punish the perpetrators. The commander
need not have exercised formal supervisory authority; however, he or she must
have exercised effective control over the subordinate, including the power to
prevent and punish the prohibited acts of persons under his or her control, in
order to be held responsible on this basis.
9 FAM 302.7-11(C) Unavailable
(CT:VISA-578; 04-25-2018)
a. Unavailable
b. Unavailable
c. Unavailable
9 FAM 302.7-11(D) (U) Exercise
of Authority Under PP8697 Section 5 To Not Suspend Entry
(CT:VISA-578; 04-25-2018)
a. Unavailable
b. Unavailable
(1) Unavailable
(2) Unavailable
9 FAM 302.7-11(F) Unavailable
9 FAM 302.7-11(F)(1) Unavailable
(CT:VISA-578; 04-25-2018)
Unavailable
9 FAM 302.7-11(F)(2) Unavailable
(CT:VISA-742; 02-11-2019)
Unavailable
(1) Unavailable
(a) Unavailable
(b) Unavailable
(c) Unavailable
(d) Unavailable
(e) Unavailable
(f) Unavailable
(2) Unavailable
(3) Unavailable
9 FAM 302.7-11(G) (U)
Revocations
(CT:VISA-892; 07-15-2019)
a. Unavailable
b. Unavailable
c. Unavailable
d. Unavailable