60-Day Notice of Proposed Information Collection: Supplemental Questions for Visa Applicants
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Issuing agencies
Abstract
The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. In accordance with the Paperwork Reduction Act of 1995, we are requesting comments on this collection from all interested individuals and organizations. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to OMB.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 183 (Friday, September 22, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Notices]
[Pages 65418-65419]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20565]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 12166]
60-Day Notice of Proposed Information Collection: Supplemental
Questions for Visa Applicants
ACTION: Notice of request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Department of State is seeking Office of Management and
Budget (OMB) approval for the information collection described below.
In accordance with the Paperwork Reduction Act of 1995, we are
requesting comments on this collection from all interested individuals
and organizations. The purpose of this notice is to allow 60 days for
public
[[Page 65419]]
comment preceding submission of the collection to OMB.
DATES: The Department will accept comments from the public up to
November 21, 2023.
ADDRESSES: You may submit comments by any of the following methods:
<bullet> Web: Persons with access to the internet may comment on
this notice by going to <a href="http://www.Regulations.gov">www.Regulations.gov</a>. You can search for the
document by entering ``Docket Number: DOS-2023-0028 in the Search
field. Then click the ``Comment Now'' button and complete the comment
form.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#1e4e4c5f415c6b6c7a7b705d7173737b706a6d5e6d6a7f6a7b30797168"><span class="__cf_email__" data-cfemail="acfcfeedf3eed9dec8c9c2efc3c1c1c9c2d8dfecdfd8cdd8c982cbc3da">[email protected]</span></a>.
You must include the information collection title in any
correspondence.
FOR FURTHER INFORMATION CONTACT: Direct requests for additional
information regarding the collection listed in this notice, including
requests for copies of the proposed collection instrument and
supporting documents, to Lauren Vinson who may be reached on
<a href="/cdn-cgi/l/email-protection#b1e1e3f0eef3c4c3d5d4dff2dedcdcd4dfc5c2f1c2c5d0c5d49fd6dec7"><span class="__cf_email__" data-cfemail="2b7b796a74695e594f4e45684446464e455f586b585f4a5f4e054c445d">[email protected]</span></a> or (202) 485-7635.
SUPPLEMENTARY INFORMATION:
<bullet> Title of Information Collection: Supplemental Questions
for Visa Applicants.
<bullet> OMB Control Number: 1405-0226.
<bullet> Type of Request: Extension of a currently approved
collection.
<bullet> Originating Office: CA/VO.
<bullet> Form Number: DS-5535.
<bullet> Respondents: Immigrant visa applicants, nonimmigrant visa
applicants.
<bullet> Estimated Number of Respondents: 50,000.
<bullet> Estimated Number of Responses: 50,000.
<bullet> Average Time per Response: 55 minutes.
<bullet> Total Estimated Burden Time: 45,833 hours.
<bullet> Frequency: Once per respondent's application.
<bullet> Obligation to Respond: Required to obtain or retain a
benefit.
We are soliciting public comments to permit the Department to:
<bullet> Evaluate whether the proposed information collection is
necessary for the proper functions of the Department.
<bullet> Evaluate the accuracy of our estimate of the time and cost
burden for this proposed collection, including the validity of the
methodology and assumptions used.
<bullet> Enhance the quality, utility, and clarity of the
information to be collected.
<bullet> Minimize the reporting burden on those who are to respond,
including the use of automated collection techniques or other forms of
information technology.
Please note that comments submitted in response to this Notice are
public record. Before including any detailed personal information, you
should be aware that your comments as submitted, including your
personal information submitted with them, will be available for public
review.
Abstract of Proposed Collection
The Immigration and Nationality Act (``INA''), 8 U.S.C. 1101 et
seq., sets out application and eligibility requirements for an
applicant seeking to obtain nonimmigrant or immigrant visa. Most of the
standards for determining visa ineligibility are detailed in INA
212(a), 8 U.S.C. 1182(a), which includes terrorist activities and other
security and related grounds at INA 212(a)(3), 8 U.S.C. 1182(a)(3).
INA 221(a), 8 U.S.C. 1201(a) provides that a consular officer may
issue an immigrant or nonimmigrant visa to an individual who has made a
proper application, subject to applicable conditions and limitations in
the INA and related regulations. Under INA 222(c), 8 U.S.C. 1202(c),
every applicant for a nonimmigrant visa must provide certain
identifying particulars--name, date of birth and birthplace,
nationality, purpose and length of intended stay in the United States,
marital status--and ``such additional information necessary to the
identification of the applicant, the determination of his eligibility
for a nonimmigrant visa, and the enforcement of the immigration and
nationality laws as may be by regulations prescribed.'' Similar
requirements apply to applicants for immigrant visas, pursuant to INA
222(a), 8 U.S.C. 1201(a). Under regulations set out in Ttitle 22 of the
Code of Federal Regulations, visa applications must be made on a
standard form and a consular officer ``may require the submission of
additional necessary information or question an applicant on any
relevant matter whenever the consular officer believes that the
information provided in the application is inadequate to permit a
determination of the applicant's eligibility to receive a nonimmigrant
visa.'' 22 CFR 41.103; see also 22 CFR 42.63 (immigrant visas).
Consular officers may require submission of a completed DS-5535 to
supplement the immigrant and nonimmigrant visa applications forms by
asking the following questions of a subset of nonimmigrant and
immigrant visa applicants:
<bullet> The applicant's travel history over the last 15 years;
<bullet> The full names and dates of birth of any siblings/
children/former spouses/domestic partners not recorded in the
applicant's visa application form;
<bullet> The applicant's addresses during the last 15 years, if
different from the applicant's current address.
<bullet> The applicant's prior passport numbers; and
<bullet> The applicant's prior occupation(s) and employers (plus a
brief description, if applicable) looking back 15 years.
Regarding travel history, an applicant may be requested to provide
details of his or her international or domestic (within their country
of nationality or residence) travel if the information is necessary to
determine the applicant's eligibility for the visa, including cases
involving applicants who have been in an area while the area was under
the operational control of a terrorist organization as defined in INA
212(a)(3)(B)(vi), 8 U.S.C. 1182(a)(3)(B)(vi). Applicants may be asked
to recount or explain the details of their travel and when possible,
provide supporting documentation.
Methodology
Consular officers will be asking these questions of a subset of
nonimmigrant and immigrant visa applicants worldwide either orally or
by providing a copy of the questions electronically or on paper. The
applicant can respond orally, via email, via written response or via
Microsoft e-version. The e-version of the information collection asks
identical questions to the paper version. There are slight differences
in formatting due to the different platforms. In some instances, when a
paper copy is provided the applicant may still be permitted to return
it electronically.
Julie M. Stufft,
Acting Deputy Assistant Secretary, Bureau of Consular Affairs,
Department of State.
[FR Doc. 2023-20565 Filed 9-21-23; 8:45 am]
BILLING CODE 4710-06-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.