On September 1, 2017, the Department of State (DOS) revised its Foreign Affairs Manual (FAM) guidance to consular officers on the term "misrepresentation" and how determinations of inadmissibility should be made. Under INA §212(a)(6), "Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act, is inadmissible."
The Department of State (DOS) has informed the American Immigration Lawyers Association (AILA) that DOS will need to approve any potential I-193 waiver applicant before he or she can apply at a U.S. port of entry. Customs and Border Protection (CBP) is accepting I-193 Applications for Waiver of Passport and/or Visa for urgent travel to the U.S. for travelers affected by the DOS technical difficulties preventing visa issuance. Applicants will now be required to contact the embassy or consulate where they would have applied for the visa, or where the application is pending in cases where the interview has already taken place, and explain why they need to urgently travel without the visa. If the embassy or consulate agrees that the reason for travel is sufficiently urgent and the applicant is eligible (no criminal issues, immigration issues, etc.), the post will issue a travel letter, which then must be presented to CBP with the I-193 application.
The U.S. Department of State (DOS) Bureau of Consular Affairs is reporting that they are again experiencing technical problems with the Consular Consolidated Database (CCD). This is the same database that crashed last summer causing the U.S. passport and visa system to go down worldwide. The Department of State has said, however, that the current problems with the CCD are not the same as those previously experienced.