What is the Enhanced Border Security and Visa Reform Act?
The Enhanced Border Security and Visa Entry Reform Act of 2002 was enacted shortly following the September 11, 2001 terrorist attacks. Its primary purpose was to bolster national security by improving the screening of visa applicants, enhancing border security measures, and implementing a biometric entry-exit system to track the movements of foreigners in the United States.
What is Section 306 of the Enhanced Border Security and Visa Reform Act?
Section 306 of the Enhanced Border Security and Visa Entry Reform Act of 2002 establishes restrictions on the issuance of visas to individuals from countries designated as state sponsors of international terrorism, with exceptions provided for cases where the individual is deemed not to pose a threat to U.S. safety or national security.
Which Countries are Designated as State Sponsors of Terrorism?
- Cuba;
- North Korea;
- Iran; and
- Syria.
What are the Standards and Criteria Used to Make this Determination Against a Visa Applicant?
Exceptions to the restriction on issuing visas to individuals from countries designated as state sponsors of terrorism are provided for cases where the Secretary of State, in consultation with the Attorney General and other appropriate U.S. agencies, determines that the individual does not pose a threat to U.S. safety or national security.
These standards and criteria include a range of factors aimed at assessing the individual’s background, intentions, and potential risk to national security which include the following:
- Criminal History;
- Terrorist Connections;
- Travel History;
- Biographical Information;
- Interviews and Interrogations; and
- Intelligence Information.
Resolutions to Refusals Due to Section 306 of the Enhanced Border Security and Visa Reform Act
If you have been deemed inadmissible due to Section 306 of the Enhanced Border Security and Visa Reform Act and you believe the determination was unjustly made, we can help you challenge that determination and request that it be removed from your record. We have successfully helped many innocent people win their cases. We can help you. Please feel free to call us at 305-515-0613 or email us at info@messersmithlaw.com.