Immigration Issues and Visa
(b) Burma (Myanmar)
(i) Although Burma has begun to engage with the United States on a variety of identity-management and information-sharing issues, it does not comply with the established identity-management and information-sharing criteria assessed by the performance metrics. Burma does not issue electronic passports nor does it adequately share several types of information, including public-safety and terrorism-related information, that are necessary for the protection of the national security and public safety of the United States. Burma is in the process of modernizing its domestic identity-management and criminal-records systems and has worked with the United States to develop some of those systems. It has also recognized the need to make improvements. As its capabilities improve, the prospect for further bilateral cooperation will likely also increase. Despite these encouraging prospects, Burma’s identified deficiencies create vulnerabilities that terrorists, criminals, and fraudulent entrants could exploit to harm United States national security and public safety.
(ii) The entry into the United States of nationals of Burma as immigrants, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government, is hereby suspended.
Sec. 4. Effective Date. This proclamation is effective at 12:01 am eastern standard time on February 21, 2020. With respect to the application of those provisions of Proclamation 9645 that are incorporated here through section 2 for countries designated in section 1(b), and that contained their own effective dates, those dates are correspondingly updated to be January 31, 2020, or February 21, 2020, as appropriate.
Waivers of PP 9645 and PP 9983
How do the Proclamations address waivers?
An applicant who is subject to either P.P. 9645 or P.P. 9983 and otherwise eligible for a visa, but who does not qualify for an exception, will be refused but is automatically considered for a waiver by the consular officer during the visa interview. Each applicant’s eligibility for a waiver is evaluated on a case-by-case basis; waivers may not be granted categorically. A waiver may be available if:
the foreign national has previously been admitted to the United States for a continuous period of work, study, or other long-term activity, is outside the United States on the applicable effective date under Section 7 of P.P. 9645 or Section 4 of P.P. 9983, seeks to reenter the United States to resume that activity, and the denial of reentry would impair that activity;
the foreign national has previously established significant contacts with the United States but is outside the United States on the applicable effective date under Section 7 of P.P. 9645 or Section 4 of P.P. 9983 for work, study, or other lawful activity;
the foreign national seeks to enter the United States for significant business or professional obligations and the denial of entry would impair those obligations;
the foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry would cause the foreign national undue hardship;
the foreign national is an infant, a young child or adoptee, an individual needing urgent medical care, or someone whose entry is otherwise justified by the special circumstances of the case;
the foreign national has been employed by, or on behalf of, the United States Government (or is an eligible dependent of such an employee), and the foreign national can document that he or she has provided faithful and valuable service to the United States Government;
the foreign national is traveling for purposes related to an international organization designated under the International Organizations Immunities Act (IOIA), 22 U.S.C. 288 et seq., traveling for purposes of conducting meetings or business with the United States Government, or traveling to conduct business on behalf of an international organization not designated under the IOIA;
the foreign national is a Canadian permanent resident who applies for a visa at a location within Canada;
the foreign national is traveling as a United States Government-sponsored exchange visitor; or
the foreign national is traveling to the United States, at the request of a United States Government department or agency, for legitimate law enforcement, foreign policy, or national security purposes.
Visa Waiver Process
There is no separate application for a waiver. An individual who seeks to travel to the United States should apply for a visa and disclose during the visa interview any information that might demonstrate that he or she is eligible for a waiver. The same waiver process applies to those nationals who are subject to P.P. 9983’s entry restrictions.
As specified in P.P. 9645, consular officers may, in their discretion, grant waivers on a case-by-case basis when they determine that the applicant’s entry is in the national interest, would not pose a threat to the national security or public safety of the United States, and denying entry would cause undue hardship. A visa may be issued if the consular officer determines that an applicant has met all of the waiver requirements. P.P. 9645 includes a list of circumstances in which waivers may be appropriate, on a case-by-case basis, if the visa applicant is otherwise eligible and meets the standards for a waiver (see above).
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