T5 B64 Gao Visa Docs 1 Of 6 Fdr- 1-8-03 Gao Conference Re Gao Inquiry Re Visa Revocation And Terrorism 511

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.Prepared by: Kate Brentzel Date Prepared: January 9, 2003 Reviewed by:

Index: Type bundle index here DOC Number: Type document number here DOC Library: Type library name here Job Code: 320172

Record of Interview Title Purpose Contact Methbd Contact Place Contact Date Participants

Entrance conterence: visas Kevoked on l erronsm Loncei To present the scope of work, preliminary objectives, and project timeframes to the Justice Department In-Derson conference In-person Justice Department, Room 1101 January 8, 2003 GAO: John Brummet, Judy McCloskey, Jay Jennings, Kate Brentzel, Mary Moutsos Justice: see attached list

Comments/Remarks: Ms. McCloskey opened the conference by explaining that the current engagement is follow-on work to the Border Security: Visa Process Should be Strengthened as an Antiterrorism Tbo/and that we expected the engagement to be brief. Ms. Brentzel then gave an outline of the job's scope and objectives, highlighting the areas in which INS and FBI would be asked for information.

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Jasked if we were going to be looking at immigrant visas that had been revoked as well as nonimmigrant visas. We said that we would be restricting our scope to just nonimmigrant visas. Seven Individuals from the Condor 105 List May be in the United States

1 from INS investigations, said that the House immigration Subcommittee has been looking into the Condor 105 issue and that he, Tim Goyer, and| |(of INS inspections) met with the subcommittee staff in early December. He thinks that seven of the Condor 105 have entered the United States. He said that since these individuals have already entered the U.S., their visa revocations do not go into effect until they leave the country and attempt to enter again. The fagt that their visas were revoked subsequent to their entry is not grounds for removal. The most that INS investigators can do at this stage is to send out leads on the Condor 7 to see if they are in status, i.e. if they entered on an F-l student visa, then they must be attending classes in order to be "in status." Revoked Visa Not Grounds for Removal

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Jsaid that State and INS are in dispute over the broader legal issue of visas revocations and that an INS lawyer is currently preparing a legal brief on the issue. He said that there are a lot of incongruities and mismatches between the State Department's grounds for denying or revoking visas and the INS' ability to remove individuals once they have entered the United States. He said that there is a higher burden of proof required to remove the alien who has already entered the U.S. then there is required to deny or revoke a visa.

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Prepared by: Kate Brentzel Date Prepared: January 9, 2003 Reviewed by:

Index: Type bundle index here DOC Number: Type document number here DOC Library: Type library name here Job Code: 320172

Points of Contact will be our point of contact at the FBI. will be our point of contact at the FTTTF.

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GAO Entrance Conference Visas Revoked Based on Terrorism Concerns January 8, 2003 at 10am (320172) Name:

division:

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