subject-matter of these two treaties is distinct tion of supersession, and thus of the consec former treaty, can arise. Dept. of State File No. P77 0047-205. The Vienna Convention on the Law of Treaties r Cong., 1st Sess., Nov. 22, 1971. For further info:. Bulgarian Consular Convention, see the 1975 Diges § 2 Passports and Other Trave! Passports and Vi Nonimmigrant Visas The Foreign Relations Authorization lic Law 95-105), approved by Presiden includes a provision requiring the See. circumstances, to recommend that the approval to any alien applicant for a n cludable from the United States by rea ation with a proscribed organization. T known as the McGovern amendment for McGovern, reads as follows: Section 112. The Act entitled "A: Sec. 21. For purposes of achievi Sec. 1182 of title 8 of the are members of certain org below are portions of sec. 11 ཟན་ནཱ། inmigrant visa applicants from the would have, in the past, been availiately available to plaintiffs Juan and sted Cuban refugees had not been imDe Western Hemisphere quota. 307. wing advice concerning the precedential Western Hemisphere applicants for U.S. at least two visa numbers has now been mbrano, which stands as a precedent for e numbers wrongly assigned. to Cubans in ntly used to benefit adversely affected aliens. establishes that the annual 120,000 numerire limitation, and the annual single foreign e exceeded to redress the injury done to perof the aliens in Zambrano, on or before Derdingly, it is our legal opinion that the Dey recapture and currently use for the tern Hemisphere visa applicants] those visa arged to the Cuban refugees, without charging ainst the current Western Hemisphere quota or limitation. There is, of course, no legal basis numbers in excess of those wrongly charged for assigning any recaptured visa numbers to qualifying Western Hemisphere priority date. Wilens' advice, the Department of State subseturing and reallocating visa numbers from previit the issuance of visas in the the near future to ere immigrants equal in number to those whom ected to be admitted beginning in 1968 but who were ired to wait. iRestrictions Travel s March 9, 1977, news conference, President Carter anremoval of travel restrictions on American citizens broad: e long been concerned about our own Nation's stance in proAmerican citizens to travel to foreign countries. We also ite eagerly assessing our own Nation's policies that violate n rights as defined by the Helsinki agreement. Under some limited circumstances we do grant waivers of this sort-mainly for family or compassionate reasons and we have occasionally allowed a PLO representative, or people affiliated with the PLO, to come to the United States, but not for political activity. Now in the case of Mr. Jiryis, if he were to give a speech at this Quaker meeting, that would be reasonably construed, I would say, as political activity. And for that reason our recommendation was not in favor of the waivers. Mr. Brown distinguished Mr. Jiryis' application for a visitor's visa from the law applicable to officials who work at the PLO observer Mission at the United Nations in New York: The people assigned to the PLO Observer Mission at the U.N. have a diplomatic status that permits them to [travel in the United States pursuant to a C-2 visa], but if they travel outside the ... 25-mile limit of New York City, then they come into the general policy consideration of granting travel waivers by the State Department . . . . In response to a question, Mr. Brown indicated that the forthcoming trip of Secretary Vance to the Middle East beginning on February 14 "was one of the factors taken into account" when denying Mr. Jiryis' application for a travel visa. Dept. of State News Briefing, DPC 22, Feb. 7, 1977. Recapture of Visa Numbers On June 27, 1977, Philip Wilens, Chief of the Government Regulations and Labor Section of the Criminal Division in the Department of Justice, wrote a letter to Robert Dalton, Assistant Legal Adviser for Consular Affairs in the Department of State, concerning the case of Zambrano v. Levi [76 C 1456 (N.D. Ill.)], in which the U.S. District Court for the Northern District of Illinois issued an order requiring the Department of State to make visa numbers available to the alien plaintiffs without charging those numbers against the current Western Hemisphere quota or the single foreign state limitation. Mr. Wilens enclosed with his June 27, 1977, letter the Order of District Judge Grady, which was based on the following findings: (1) Between July 1, 1968, and October 1, 1976, the Immigration and Naturalization Service and the Department of State charged against the Western Hemisphere quota a number of Cuban refugees who received adjustment of status in the United States under the [Cuban Adjustment] Act of November 2, 1966 (80 Stat. 1161). (2) The charging of these adjusted Cuban refugees against the Western Hemisphere quota was contrary to law, and improperly contributed to the backlog of immigrant visa applicants from the Western Hemisphere; and (3) Immigrant visa numbers would have, in the past, been available or would today be immediately available to plaintiffs Juan and Margarita Zambrano, if adjusted Cuban refugees had not been improperly charged against the Western Hemisphere quota. Dept. of State File No. P78 0013-1307. Mr. Wilens gave the following advice concerning the precedential effect of Zambrano for other Western Hemisphere applicants for U.S. visas: The recapture of at least two visa numbers has now been judicially ordered in Zambrano, which stands as a precedent for the proposition that the numbers wrongly assigned. to Cubans in past years can be currently used to benefit adversely affected aliens. The Zambrano order establishes that the annual 120,000 numerical Western Hemisphere limitation, and the annual single foreign state limitation, may be exceeded to redress the injury done to persons in the position of the aliens in Zambrano, on or before December 31, 1976. Accordingly, it is our legal opinion that the Department of State may ... recapture and currently use for the benefit of [such Western Hemisphere visa applicants] those visa numbers wrongly charged to the Cuban refugees, without charging such visa numbers against the current Western Hemisphere quota or single foreign state limitation. There is, of course, no legal basis for recapturing visa numbers in excess of those wrongly charged to the Cubans, or for assigning any recaptured visa numbers to aliens not having a qualifying Western Hemisphere priority date. Id. Pursuant to Mr. Wilens' advice, the Department of State subsequently began recapturing and reallocating visa numbers from previous years to permit the issuance of visas in the the near future to Western Hemisphere immigrants equal in number to those whom Congress had expected to be admitted beginning in 1968 but who were erroneously required to wait. Removal of Restrictions Travel During his March 9, 1977, news conference, President Carter announced the removal of travel restrictions on American citizens traveling abroad: I have long been concerned about our own Nation's stance in prohibiting American citizens to travel to foreign countries. We also are quite eagerly assessing our own Nation's policies that violate human rights as defined by the Helsinki agreement. .. So I've instructed the Secretary of State to remove any travel restrictions on American citizens who want to go to Vietnam, to North Korea, to Cuba, and to Cambodia. And these restrictions will be lifted as of the 18th day of March. I would like to point out that we still don't have diplomatic relationships with these countries. That's a doubtful prospect at this time. So there will be some necessary precautions that ought to be taken by citizens who go there, since we don't have our own diplomats in those countries to protect them if they should have difficulty. 13 Weekly Comp. of Pres. Doc. 328-329 (Mar. 9, 1977). A Department of State telegram to all diplomatic and consular posts sent on March 18, 1977, outlined U.S. policy concerning visas, dual citizenship, travel documentation, and other matters for U.S. citizens traveling to North Korea, Cambodia, Vietnam, or Cuba. With regard to obtaining visas to the first three of these countries, the telegram indicated that any application for visas may be directed to any embassy in a foreign country with which Vietnam, North Korea, or Cambodia, as appropriate, maintains diplomatic relations. The decision either to issue or not issue a visa is made only by the country to be visited. The United States may not interfere in the visa matters of these countries, and it is therefore the responsibility of the traveler to obtain such visas. As to the possibility of a U.S. citizen having a dual citizenship with one of these three countries, the telegram pointed out that although the United States rejects the concept of dual nationality as a matter of policy, it does accept its existence in individual cases as a matter of fact resulting from the conflicting laws of other countries which cannot be controlled by the United States. Thus, some U.S. citizens may be nationals of North Korea, Cambodia, or Vietnam as a result of conflicting laws, and these dual nationals may be deemed to owe primary allegiance to the country of their nationality in which they travel or reside. If a U.S. citizen who also is a national of North Korea, Cambodia, or Vietnam encounters difficulties while traveling or residing in one of these countries, the U.S. Government may not be able to make effective representations on his or her behalf. Dual national U.S. citizens who may be eligible for military service in the country of their other nationality now or in the future could possibly be called into that country's military service while traveling there or may be detained or prevented from leaving that country until they are eligible for that service. Such persons, or dual nationals who acquire U.S. nationality and also a foreign nationality at birth, should communicate with the Legal Division of the Passport Office |