Your Visa and “Alphabet Soup:” HSI, CBP, DOT, FBI, DEA, etc…
Posted on March 3, 2025
When one thinks of visas and visa processing, the first US government entities that come to mind are the embassies and consulates outside the United States. These embassies and consulates are under the domain of the Department of State; the visa officers that the applicant meets are employees of the Department of State. And it is true that the overwhelming majority of visa applications are resolved on-the-spot by these visa officers, called consuls. But with the proliferation of US government agencies and each agency having its finger in the “visa pie,” it is more and more likely that other agencies will be involved in the process, be it HSI, FBI, DOT, DEA. What are these abbreviations? What is this alphabet soup? And how do they impact the visa applicant? I am glad you asked.
Embedded inside many US embassies and consulates abroad are officers of Immigration and Customs Enforcement Homeland Security Investigations (ICE HSI). They screen more than 1 million visa applicants a year at 44 visa issuing posts in 29 countries as part of its Visa Security Program (VSP). This is a parallel apparatus working alongside consular officers. These agents are extremely active in conducting investigations and compiling reports on individuals, called ROIs – Reports of Investigation. They enter inadmissibility determinations to ensure that applicants do not receive visas. ICE HSI findings of misrepresentations (212(a)(6)(C)(i)), unlawful activity (212(a)(3)(A)(ii)), and terrorism (212(a)(3)(B)) are common.
If you have bank accounts in the US and they have been flagged for suspicious activity, the US Department of Treasury (DOT) may get involved. Within the Department of Treasury, there is an agency called Financial Crimes Enforcement Network (FinCEN), which is responsible for investigating those questionable transactions. There is another agency within DOT, called Office of Foreign Assets Control (OFAC), which ensures compliance with US sanctions against foreign individuals and organizations. If a DOT investigation points to money laundering activity, a visa can be denied under Section 212(a)(3)(A)(ii). If the suspicions do not rise to the level of probability to make such an accusation, a 214(b) refusal still may follow.
Certain security-related visa applications from countries of interest (e.g., China, Russia) are funneled through security agencies, such as the FBI and CIA. Espionage, sabotage, money laundering, export violations, and other unlawful activity of Section 212(a)(3)(A) are implicated. The Drug Enforcement Administration (DEA) is involved in drug-related investigations. If there is a reason to believe that the person has been engaged in drug trafficking, then a Section 212(a)(2)(C)(i) permanent bar may be invoked, with family members then subject to visa denials under 212(a)(C)(ii). Past failure to declare items in violation of US customs laws can lead to problems with Customs and Border Protection (CBP); if a firearm was involved, then ATF (Bureau of Alcohol, Tobacco, and Firearms) is engaged. The Department of State also has various vetting and investigatory organs: for example, within consular sections often there are Fraud Prevention Units (FPU); the Department of State also has an Office of Criminal Investigations (OCI).
When these agencies are involved, Section 221(g) is routinely invoked during the period of the investigation. It is also important to note that there is no time limitation on how long these investigations may take and there is no time limitation on how many years back they can investigate. Even innocuous incidents at a US airport from 30 years ago – for example, a failure to declare for export an item - can still trigger a cascading domino effect.
Once a visa has been received, that is not the end of the scrutiny. CBP at airports and land borders has responsibility for processing millions of travelers to the US a year. Suspicions of working without authorization, engaging in activity inconsistent with status, or staying illegally in the US can trigger a variety of inadmissibility findings, including Sections 212(a)(7)(A) and 212(a)(6)(C)(i) misrepresentations. Social media, WhatsApp text messages, computer files, suitcase belongings are regularly scrutinized.
As can be seen, this “alphabet soup” of US government agencies is not “appetizing:” it can be frustrating, intimidating, devastating, confusing, and nerve-wracking. Fortunately, you do have rights. Obviously, given the complex nature of dealing with these organizations and the lifechanging consequences, one should consult with qualified legal counsel.