..US permanently denies visa to German journalist probing Argentine human rights violations

[Judi Lynn]

Source: Associated Press

..US permanently denies visa to German journalist probing Argentine human rights violations
By Michael Warren, The Associated Press | The Canadian Press – 15 minutes ago

.........BUENOS AIRES, Argentina - Some journalists are asking why the U.S. Embassy in Argentina won't let a foreign correspondent go to Washington to research human rights cases.

Argentina's foreign correspondents' association has complained on behalf of Gabriele Weber, a German freelancer whose visa request was permanently denied.

Weber is the freelance journalist whose lawsuit forced Germany's intelligence service last year to open thousands of files on top Nazi Adolf Eichmann. Some documents suggest U.S. spies knew Eichmann was hiding in Argentina. Weber also wants to pursue other rights cases involving Americans.

Weber says she suspects the State Department doesn't like what she's investigating.

Read more: http://ca.news.yahoo.com/us-permanently-denies-visa-german-journalist-probing-argentine-20110412-135015-823.html

[JDPriestly]

1. Maybe she needs to find an American citizen to assist her.

I'm sure she could do that quite easily.

[msanthrope]

4. She needed a journalism visa, and a sponsor from a news organization--

she didn't bother to get either one.

A more fleshed-out story is here. She can appeal to the consul.

http://seattletimes.nwsource.com/html/nationworld/2014755119_apltargentinausvisadenied.html


Now, all I had to do was google "US" "visa" and "journalist" and the requirements came up--so I don't know what this 'investigative' journalist's excuse was.

[reorg]

8. I googled "visum" and "usa" and found:

Visa Waiver Information

If you are a citizen of one of the following countries you may travel to or through the U.S. on business or pleasure trips without a visa under the Visa Waiver Program if you will remain in the U.S. for less than 90 days and meet certain other requirements.

http://www.usvisa-germany.com/germany/index.jsp

It never occured to me that journalism might not be considered a "business".

[msanthrope]

9. Well, there's your problem right there--you are on a commercial and not governmental

website.

The number one hit on google for "us" "visa" "journalist" is--

http://travel.state.gov/visa/temp/types/types_1276.html

[reorg]

10. so I googled again and found:

You may travel visa free if you meet all of the following requirements:

You have your own passport (everyone, including children, is required to have his or her own passport to travel VWP)
Children's passport (Kinderreisepass) issued after 25 October, 2006 and all Children's ID (Kinderausweis) require a visa and are not eligible for the VWP. Children must have their own e-passport to travel VWP.
You are traveling for business, pleasure or transit only.
Your intended stay in the US does not exceed 90 days.
You must hold a valid return or onward ticket. Onward tickets may not end in Canada, Mexico or the Caribbean.
You will enter the US aboard an air or sea carrier that has agreed to participate in the program. This applies to most airlines and shipping companies.
Private or official aircraft or vessels do not meet this requirement. You will need a visa if you travel on a private plane or yacht.
Your passport is valid for the duration of stay in the U.S.

http://germany.usembassy.gov/visa/vwp/

VWP Bedingungen

Sie können ohne ein Visum in die Vereinigten Staaten reisen wenn Sie:

Staatsangehöriger eines der am Programm beteiligten Länder sind und mit einem gültigen Reisepass einreisen.
Kinderreisepässe, die nach dem 25. Oktober 2006 ausgestellt oder verlängert wurden, und Kinderausweise können für die visafreie Einreise NICHT benutzt werden. Jede einzelne Person, einschließlich Babys und Kleinkinder, benötigen einen eigenen Pass.
als Tourist oder Geschäftsreisender einreisen möchten.
sich nicht länger als 90 Tage in den USA aufhalten.
im Besitz eines Rückflug- oder eines weiterführenden Tickets sind (weiterführende Tickets dürfen nicht in Kanada, Mexiko oder der Karibik enden).
in die USA mit einem Transportunternehmen einreisen, das vertraglich an das Programm zur Visumbefreiung angeschlossen ist. Dies sind die meisten Flug- und Schifffahrtsgesellschaften. Wenn Ihr Transportunternehmen nicht dem Programm für visafreies Reisen angeschlossen ist, benötigen Sie ein Visum. Dies gilt auch für die Einreise mit einem privaten Flugzeug, Schiff oder einer Militärmaschine.
einen Reisepass haben, der für die Dauer des Aufenthaltes gültig ist;
das VWP-Informationsblatt (pdf) gelesen haben.

http://german.germany.usembassy.gov/visa/vwp/

These are the official embassy sites in English and German. No indication whatsoever that journalists are treated differently, in fact, I have informed myself occasionally of the requirements to enter the US from Germany and never found any hint regarding that matter. The information is quite clear, if you only plan to stay for up to 90 days, on business or leisure travel, you don't need a visa, period.

Even at your American site, it is stated that only journalists

" ... working under contract on a product to be used abroad by an information or cultural medium to disseminate information or news not primarily intended for commercial entertainment or advertising. Please note that a valid employment contract is required" ... "may be denied admission".

Nothing about "permanent denial", except if "Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud" ... which is obviously not the case since she didn't attempt to obtain a visa in the first place.

[msanthrope]

12. Are you sure she's travelling on a German passport?

Because according to your link, Argentina is no longer an waiver-eligible state.

According to the website YOU provided--

http://germany.usembassy.gov/visa/niv/visacategories/
Tourism, Business & Transit
I - Journalists

follow that category, and you get this:

Freelance Journalists Must Submit:

A credential issued by a professional journalistic association (your press ID).

A valid contract of employment from the sponsoring media organization. At a minimum, the contract should clearly identify the parties to the contract and include the term (dates or duration) and a description of duties to be performed or work product resulting from a temporary stay in the U.S.

Now, that's from the website you provided---


Even if she was traveling on a German passport--the link I provided is as clear as day--

Working Media Cannot Travel Without a Visa on the Visa Waiver Program

Citizens from a country participating in the Visa Waiver Program (VWP), who want to enter the United States temporarily, as representatives of the foreign media traveling to the United States, engaging in their profession as media or journalists, must first obtain a media visa to come to the U.S. They cannot travel without a visa on the Visa Waiver Program, nor can they travel on a visitor (B) visa; and attempting to do so may be denied admission to the U.S. by the Department of Homeland Security, CBP, U.S. immigration officer at the port of entry. See information below, explaining situations when a visitor visa or Visa Waiver Program can be used.

http://travel.state.gov/visa/temp/types/types_1276.html#3


That's 2 separate notices. Beyond that--doesn't she work with journalists??? Wouldn't they have told her? Because that's been the enforced policy of the State Department since 2003--

http://travel.state.gov/visa/laws/telegrams/telegrams_1426.html

And 10 more seconds of googling got me this--

http://danwarne.com/i-visa/

[reorg]

14. she's German, Germans don't need a visa to enter the US

even journalists.

I don't know how many other passports she might have, but that doesn't infringe upon her rights as a German. She travelled to the US from Berlin, and returned to Germany after entry was refused:
http://www.heise.de/tp/blogs/6/148232 (in German)


The link you provided shows that there are restrictions on journalists that don't exist for other professions, that's weird in itself, I agree totally. Why on earth would a country restrict entry for foreign journalists while allowing other citizens from the same foreign country to move freely about and do what they want? Shouldn't it be the other way around, rather? If there must be restrictions, shouldn't the freedom of information have precedence, I mean we are talking about the US, right?

And yes, as I told you before, it is entirely possible that she didn't even know that any restrictions for journalists exist. *I* didn't know it, and I have searched the site of the US embassy many times. Normally, you wouldn't even do any kind of research on this since it is general knowledge that Germans don't need visas for short visits to the US. It is widely reported in the news whenever any changes occur. Usually you know people who have been to the US and tell you about the procedures.

Plus, it is more than questionable if these restrictions for journalists "on contract" even apply in this case. If she wasn't "on contract" - as very well may be the case with a freelancer, what was she supposed to do other than truthfully inform the immigration officer that she was planning to do research in public archives? Nothing illegal here. It's the same as what happened to Anna Ardin, Assange's accuser, in Cuba. She was researching the Cuban opposition networks and when Cuban authorities found out they told her: either you start holidaying now or you leave. Actually, it's worse than in Cuba, Ms Ardin got a choice. The US, by contrast, didn't even let Ms Weber in and have banned her now forever.

Of course, the US can refuse entry to whomever they don't like or have blacklisted, for whatever reason. Kind of amazing to find someone here who would defend it, though.

[msanthrope]

20. The link I gave clearly states that media is not eligible for a B waiver.

That state department link took me less than 5 minutes to find.

This cannot be unknown to other journalists in Argentina.

Nor is it possible that an 'investigative' journalist didn't at least search out the information.

It seems that here, she neither had the visa, nor a sponsoring organization.

If she made the mistake innocently, then she can take it up with the consul.

[reorg]

29. No it doesn't say anything about freelancers without a contract

nor did she make a mistake when the American consulate told her she didn't need a visa. Seems the "mistake" lies entirely with the US authorities. I wonder why? Perhaps somebody didn't like what she was researching?

BTW, she also made applications to get access to recently opened German BND archives. Surprise, surprise, the archives were suddenly closed again on orders from high above, the German Chancellor herself :-D

Gaby Weber sued, a number of scientist and politicians (Left Party) joined her in this endeavor and it took quite a while, until 21 January 2011, for the Federal Court to agree with her and open these archives again:

http://www.heise.de/tp/r4/artikel/34/34056/1.html (sorry, in German again, but I'm sure you are able to use a translator)

[msanthrope]

31. Freelancers without a contract aren't eligible for an I. Is that somehow obscure?

And you aren't allowed to practice journalism in the US, if you are foreign media, without an I.

It's the law. You may not like the law, but it is the law.

Now, this is unclear--did she talk to the consulate in Argentina, or Germany?

Further--how does she not have a contract??? Such a well-known writer?

[reorg]

35. Or so you claim. So what?

Why would she have a contract for something that might or might not become a story? Thus is the freedom of the independent and self-employed, they can pursue their own interests regardless of what comes out in the end. If they are not blocked by those who are afraid of what may come out, that is.

[msanthrope]

41. Yes. The US can require non-citizens to have a contract before performing work here.

I'm laughing my ass off at your indignation-- I'm sure Germany is permissive with non-citizens working within its borders, right?

[reorg]

43. that's no reason to ban her for life from entering the US

but you know the real reason, of course.

[msanthrope]

46. Yes. "Material misrepresentation." I think she should release the consulate's letter.

Now, here's what I don't understand--you keep claiming she's in Germany, but the OP claims the consulate who rejected her was in Argentina.

Was she entering from Germany or Argentina, and where did she reapply?

"Back in Argentina, Weber then tried to apply properly for a journalism visa at the U.S. Embassy in Buenos Aires, but was denied on Jan. 26. She then appealed, and received a March 18 letter saying she remains "permanently ineligible" because she "misrepresented material facts.""

Read more: http://www.theolympian.com/2011/04/12/1614058/us-denies-visa-to-german-investigative.html#ixzz1JPdP12H4

[reorg]

49. where lies the misrepresentation?

[msanthrope]

51. Unless she releases her consulate letter, we won't have a clue.

Her consulate letter would have the section she was rejected under--

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

But it's hers to release, not the US, because she does retain privacy.

[reorg]

54. No, the consulate letter said she didn't need a visa

>>She had an email from the US consulate on her confirming that freelance journalists didn't need a work visa. "Had they pointed out that I need it, I had applied for one, of course" she says after her forced return to Germany.<<

>>According to the interrogation protocol which is available to Telepolis, the authorities had found fault with insufficient entry documents.<<


>>Zudem führte sie eine Email-Bestätigung des US-amerikanischen Konsulats bei sich, nach der freie Journalisten kein Arbeitsvisum benötigen. "Hätte man mich auf diese Notwendigkeit hingewiesen, dann hätte ich dieses Visum natürlich beantragt", sagt sie nach ihrer erzwungenen Rückkehr nach Deutschland.<<

>>Nach dem vierseitigen Verhörprotokoll, das Telepolis vorliegt, monierten die Grenzbehörden mangelhafte Einreisedokumente.<<

http://www.heise.de/tp/blogs/6/148232

[msanthrope]

55. Um, you need to read a little more closely--

"Back in Argentina, Weber then tried to apply properly for a journalism visa at the U.S. Embassy in Buenos Aires, but was denied on Jan. 26. She then appealed, and received a March 18 letter saying she remains "permanently ineligible" because she "misrepresented material facts."

http://www.lasvegassun.com/news/2011/apr/12/lt-argentina-us-visa-denied/


As for her claimed 'email' she should release that, too, with its header, revealing who she was in contact with.

But really--an email?

[reorg]

57. that's probably exactly what that letter states

"misrepresented material facts". How do you know it is more specific?

[msanthrope]

59. Because the State Department classifies their letters by regulation

section. Which corresponds to the State Department faq made available to you.

[reorg]

60. more BS from you

there is no further classification in your "faq" than:

"(C) Misrepresentation.-

(i) In general.-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."


That is what the letter says, according to the news article cited in the OP. It is also what the applicant explicitly denies, describing in detail what exactly happened.

"Weber told The Associated Press, whose bureau chief in Buenos Aires is a member of the foreign correspondent's association, that she still doesn't know what she allegedly misrepresented, and suspects U.S. officials don't like what she's researching."

"Press freedom groups including the U.S. Society for Professional Journalists and Reporters Without Borders have challenged what they call selective enforcement of the visa requirement. The Organization for Security and Co-operation in Europe has accused the U.S. of violating its treaty commitments to ensuring freedom of movement for journalists."

http://www.forbes.com/feeds/ap/2011/04/12/general-lt-argentina-us-visa-denied_8404964.html

Perhaps your State Department ought to come clean about what they are up to.

[msanthrope]

61. Was she refused under 212(a)(6)(C)(i)? Is that what was cited in her letter?

I won't comment on why she was refused, without seeing her exact letter, but if you are claiming that that is the section she is refused under, then guess what reorg???

I think she has a right to petition the Attorney General.

Now, you have claimed that I spout BS. So she doesn't have to believe me.

She should consult a lawyer, because I do not give legal advice over the Internets.

But, Section 212d might be of interest to her:


Waiver of Inadmissibility for a Nonimmigrant Visa due to Fraud or Misrepresentation

INA § 212(d)(3) – Except as provided in this subsection, an alien (i) 20b/ who is applying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General, or (ii) 20b/ who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.

I'd be interested in reading her petition--particularly the email she claims she acted upon.

[EFerrari]

2. Oh, dear, now why would anyone want to poke their noses

into that mess? If State did nothing wrong, there's nothing to hide, right?

[msanthrope]

3. Well, when you enter the country illegally, and don't have proper sponsorship--

"Weber, sent back to Buenos Aires after arriving in Washington in August, said she had assumed she was eligible for a visa waiver like any German citizen traveling to the states for business or pleasure. She said she was honest with U.S. officials about her research plans.

Weber claimed she didn't know foreign journalists are ineligible for waivers or standard short-term visas. Because U.S. law defines journalism as neither business nor pleasure, reporters must get special journalism visas, which require the sponsorship of an established news media organization.

SNIP

In 2010, the State Department says it refused about 15 percent of the Germans who, like Weber, tried to enter on a short-term business or tourism visa.

SNIP

Back in Argentina, Weber then tried to apply properly for a journalism visa at the U.S. Embassy in Buenos Aires, but was denied on Jan. 26. She then appealed, and received a March 18 letter saying she remains "permanently ineligible" because she "misrepresented material facts."

http://seattletimes.nwsource.com/html/nationworld/2014755119_apltargentinausvisadenied.html

An investigative journalist couldn't google the visa requirements????

[reorg]

11. she did not enter the country illegally

she was refused entry because she apparently truthfully informed the immigration officer that she was going to do research in public archives and that she was a journalist.

[msanthrope]

13. She didn't have her I-visa. Nor was she eligible for waiver under a B visa.

So yes--that's an attempt to enter, contrary to law.

"Working Media Cannot Travel Without a Visa on the Visa Waiver Program

Citizens from a country participating in the Visa Waiver Program (VWP), who want to enter the United States temporarily, as representatives of the foreign media traveling to the United States, engaging in their profession as media or journalists, must first obtain a media visa to come to the U.S. They cannot travel without a visa on the Visa Waiver Program, nor can they travel on a visitor (B) visa; and attempting to do so may be denied admission to the U.S. by the Department of Homeland Security, CBP, U.S. immigration officer at the port of entry. See information below, explaining situations when a visitor visa or Visa Waiver Program can be used."
http://travel.state.gov/visa/temp/types/types_1276.html#3


http://travel.state.gov/visa/laws/telegrams/telegrams_1426.html


That took me all of 20 seconds to find. Further, isn't she working with other journalists??? And no one told her??

[reorg]

15. she didn't need a visa to enter

- all Germans can travel without a visa on the Visa Waiver Program. She only needed it "as representative(s) of the foreign media" or if she was "engaging in her profession as media or journalist". Whether or not doing research in an archive qualifies as such may be open to question. But even then, she did not necessarily know there was a problem. Fact is, she didn't withhold that information. She did nothing illegal.

According to a report by Telepolis, a widely read German online journal that interviewed her, she even had a confirmation email by the US consulate that "freelance journalists don't need a visa to enter the US":

"Zudem führte sie eine Email-Bestätigung des US-amerikanischen Konsulats bei sich, nach der freie Journalisten kein Arbeitsvisum benötigen."

http://www.heise.de/tp/blogs/6/148232 (in German)


Chances are, though, that she already suspected she was blacklisted due to what she found out about Eichmann and US and German intelligence services after WWII, and that she was continuing to research on these topics.

[msanthrope]

19. Of course she needed an I visa. Every media member does.

I provided linlks upthread from the St Dept website that clearly states that media is not eligible for the B waiver.

I also posted a link from an Australian journalist explaining the method.

This took me less than 5 minutes to find. Some investigative journalist.

[reorg]

26. You didn't provide anything of the kind

A freelance writer doesn't necessarily have a contract for that particular story while they are doing research. So, how can they apply for a work visa if such a contract is required for this? Makes perfect sense that the consulate would tell her that she can just enter with the normal "business and holiday" waiver applicable to all Germans, sheesh.

[msanthrope]

28. Um, I also provided the link for requirements for freelance--

If she didn't have a contract, then she's SOL. She should have gotten one.

Those are the rules...and which consulate do you think told her that since she didn't have the requirements, she could just go, anyway?

I think she knew the rules, found them onerous, and decided to travel anyway.

You seem to be admitting that she knew she didn't have a contract, so she knew she wouldn't qualify for an I, so she just decided to go anyway. You claim this is based on consulate advice, but there should be a record of who she spoke too, right?

[reorg]

30. Wow, is it really so hard to get?

ANY GERMAN CAN VISIT THE US, dude.

She had all the requirements needed for this.

She asked the US consulate if she needed a visa to do research as a freelance journalist and was told NO, not necessary.

Instead of telling her, sorry, the consulate made a mistake, you can't do your work here, they sent her back, and denied her to contact the German consulate to boot.

All because she wanted to find out more about German war criminals and how they were protected by the US. Should be embarrassing to defend such actions here, but I guess it's fun for some people.

[msanthrope]

33. No. Not any German can visit the US.

Many Germans qualify for waiver--i.e., travel without a visa, to the US, but she wasn't eligible because she's media. So she needed an I. Which she didn't qualify for.


I don't believe her that she 'asked the US consulate.' Sorry, but it seems to me she'd be pretty clear on which country she asked in, and who she spoke to....she'd have a consular official name.

Now, you stated that she had permission from the National Archives. The one in DC? Really? She should post it.

[reorg]

38. BS

You didn't read your own link. Journalists are free to enter the US without a visa if they want to go on holiday. The profession is not the issue.

She produced the confirmation email by the consulate AT THE BORDER. The US officials don't deny it. Believe what you want, but that's not an argument.

BTW you can contact her personally, no need to make detours. Her email address is posted at her website, I gave you the link.

[msanthrope]

44. But she wasn't on holiday. She said she was working as a journalist, doing a story on Nazis.

What confirmation email???? Funny how she she hasn't posted the email she claims gives her the right to not obey US law, nor given the name of the person who apparently told her she could travel without the proper visa.

Do you really think the United States issues visas and legal advice via email???

[reorg]

48. She wanted to do research

She never said anywhere that she was "doing a story on Nazis".

You still don't seem to get what the paragraph about the visa for jounalists says. Read it again.

When I go to the US, enter a library and find some interesting stuff, at what exact point becomes my doing so journalistic work and illegal if I have entered without a visa?

Let's say I have published some articles previously, but don't intend to necessarily write about what I find on this particular visit to the US. Do I need a visa just in case? Who determines that I need one? Let's assume I randomly witness some historic incident, take a photo and sell it to a newspaper. Am I breaking the law?

If you don't enter the US as a journalist "on contract", there doesn't seem to be a clear-cut definition of the "work" you are doing. Doesn't clearly follow at all from your cites. And I seriously don't think it will ever be an issue if a journalist visits a library in the US without having gotten a work visa beforehand. It only becomes an issue, apparently, when the subject of your work is quite sensitive and certain people don't want you to find out about it.

[msanthrope]

53. You should read post 36 below--answers all your questions. n/t

[L. Coyote]

5. I'm asking, "WHY?" too

[msanthrope]

7. Because she previously entered illegally and was deported. See above. n/t

[reorg]

16. Your information is entirely false

After googling some more I found out the following:

1. Who is Gaby Weber?

http://www.gabyweber.com/aktuelles.php
http://de.wikipedia.org/wiki/Gaby_Weber

She is a German freelance journalist with a PhD, working for TV stations, newspapers and online journals. Her focus is not (just) "probing Argentine rights violations" (nice distraction, though), besides articles she has written eight books (and one play), mostly on developments in Latin America but also on the involvement with Nazis of industrial firms (Daimler-Benz) and the post-war history of German-US-Israel intelligence cooperation, see for instance this feature for Deutschlandfunk on the financing of Israel's atomic bomb:

http://www.gabyweber.com/dwnld/artikel/EICHMANN%20DLF%20ENGL.pdf

2. What was she doing?

She resides in Berlin and wanted to visit the US in order to research in the National Archives in Washington on the history of German war criminals. Since there are restrictions for journalists "on contract" entering the US, she had asked the American consulate if these also apply to freelance journalists and received confirmation that this was not the case. At customs she was already expected by CBP officers, who questioned and searched her. Not so much her baggage, she says, but her carry-on bag, "specifically looking for and then xeroxing applications for inspection of records (Anträge auf Akteneinsicht) in the US".

"Statt dessen haben sie gründlich mein Handgepäck ins Visier genommen", beklagt sie. Die US-Grenzschützer hätten dabei gezielt ihre Rechercheunterlagen und Anträge auf Akteneinsicht in den USA kopiert.

http://www.heise.de/tp/blogs/6/148232 (in German)

3. What happened then?

After being held for seven hours she was refused entry to the US. American Airlines confiscated her passport and handed it back only when they arrived in Germany. The reason given for sending her back is that she didn't have a working visa for journalists. Which obviousy conflicts with the information she was given by the American consulate prior to her attempt to visit.

[Judi Lynn]

17. Thank you so much for your investment of time & energy, shedding the essential light we needed

on this situation.

You certainly went far beyond what was given by AP.

Hope a lot of people will be able to see the more complete story. Thank you, again.

[clixtox]

18. I thank you also, "reorg"!

It is frustrating responding to these mysterious, persistent, apologists for our descent into fascism, the "honky -dory" syndrome sufferers.

It takes tenacity to give them enough rope to expose themselves...

I appreciate your steadfastness and equanimity.

Thank you again

Peace and Love

[msanthrope]

22. So she admits she didn't have the proper visa? Also, according to the article

posted, she originated and was deported back to Buenos Aires, which is why the Argentinian press association is advocating for her, not a German one.

Further, her consulate story is bullshit. If she thought her waiver applied, why did she go to the consulate? And what was the date she went? The name of the person she spoke to? In Argentina or Germany?? Because she keeps changing her story.

Finally, here's the biggest hole in her story. Where is her permission from the National Archives? Because you just don't show up one day--a foreign, uncredentialed journo, and are allowed to search the NA.

[reorg]

25. You don't seem to get it

EVERY GERMAN can enter the US REGARDLESS of their occupation.

A professional journalist "ON CONTRACT" cannot WORK as such in the US without a visa. So all that was needed by US immigration to be fair and square about the affair was to tell her she can't do the work she was planning to do. No need for endless questioning, no need whatsoever to deny entry, it's all bullshit.

As to your other questions, I already cited several times the article at telepolis.de. It is an online news journal associated with the most respected publishing house for IT journals in Germany, Heise Verlag (c't). She publishes articles at Telepolis, she talked to the writer of the story, she produced the interview protocol, she produced the email from the consulate. There is no reason whatsoever for me to doubt the veracity of that story, Telepolis is reliable and well-known, I've been reading them for many years.

According to what she says in the article, she was not allowed to contact the German consulate while in Washington (wouldn't be the first time something like that happens, BTW). And no, even though she has a second residence in Argentina, she did not enter from Buenos Aires, nor was she sent back to Buenos Aires, she came from Germany where her permanent residence is. Where and when did she ever change her story? There is no contradiction to what AP reported, just additions they didn't know or left out. As to the permission from the National Archives, I already mentioned that she had the applications with her and that they were xeroxed, presumably as proof for her intention to "work".

[msanthrope]

34. No. Not every German can visit the US without a visa.

That's just silly. You think that felons can? Children?

There are requirements, which I posted links to, repeatedly.

She didn't qualify under a B or B-waiver, or under an I.

She claims there is an email from the consulate??? Post it. Post the name of the person she communicated with--the one who told her that if she didn't meet the requirements for an I visa, she could just go and be a journalist on a B waiver.

She had permission from the National Archives??? Post it. (not applications. anybody can download that crap.)

And the story she claims now is at odds with the story in the OP

[reorg]

39. Yawn. She is eligible for the usual waiver just as anybody else n/t

[msanthrope]

47. Not if she's coming here as a journalist. As she herself confirmed--

Her claim is that she didn't know she wasn't eligible for waiver--but that once she realized she wasn't eligible for waiver, she tried to get her visa.


"Weber, sent back to Buenos Aires after arriving in Washington in August, said she had assumed she was eligible for a visa waiver like any German citizen traveling to the states for business or pleasure. She said she was honest with U.S. officials about her research plans.

Weber claimed she didn't know foreign journalists are ineligible for waivers or standard short-term visas. Because U.S. law defines journalism as neither business nor pleasure, reporters must get special journalism visas, which require the sponsorship of an established news media organization.

Back in Argentina, Weber then tried to apply properly for a journalism visa at the U.S. Embassy in Buenos Aires, but was denied on Jan. 26. She then appealed, and received a March 18 letter saying she remains "permanently ineligible" because she "misrepresented material facts."

Read more: http://www.theolympian.com/2011/04/12/1614058/us-denies-visa-to-german-investigative.html#ixzz1JPdP12H4


FYI--downthread, at post 36, you have a DUer who does immigration work. You might want to read that post.

[Nihil]

23. Thank you. (n/t)

:toast:

[Bragi]

21. Is there no human rights violations that you oppose?

You support the torture of whistleblowers outing war crimes, you support preventing human rights investigators looking into Nazi war criminals, I'm wondering how you find the time and energy to constantly oppose anyone who promotes human rights.

[msanthrope]

24. Asking that someone fill out a visa application is not a human rights violation.

There's oppression, and there's being a dumbass and claiming oppression because you forgot to cross your 't's.

The National Archives wouldn't have allowed her to just show up and start searching--she would have had to go through their processes. Oppression or routine bureaucracy that most adults can handle??

[reorg]

27. Making up stuff seems to be a specialty of yours

What on earth drives you to claim she didn't make applications to do research in the National Archives when you were told that she says she did?

[Bragi]

32. You mean repeating the same points over and over and over?

Odd, eh? It's as though the actual point is to create the appearance of debate occurring by constantly forcing people in any discussion to correct the same misinformation over and over again.

[reorg]

42. It's a helpless attempt to change the topic, I guess

Obviously, the poster is more comfortable to discuss visa procedure they don't understand rather than the real issue, that this particular journalist and others like her have already found quite interesting information in the archives that even today is so sensitive that authorities in the US and Germany cut every corner to prevent it from getting publicity.

[Bragi]

45. Yes, I think that's the idea

The idea is to keep people with opposing views focused on obscure, technical and marginally relevant side issues so that what is important never gets discussed.

[msanthrope]

37. If she had permission from the National Archives, she should post it.

If she only had applications, well, that's laughable--I could download the applications right now.

Funny how she doesn't have a name of the consular official who apparently told her she didn't have to obey the law, and funny she doesn't have the name of an archivist at the NA who she would have been working with.

[reorg]

40. Why? What business is it of yours?

Why would you assume she doesn't know the name of the official who sent her the confirmation?

[msanthrope]

50. Asking "what business is it of yours" while decrying secrecy and oppression

should win you a DUzy.....

Seriously--if she's got a name of an embassy official who made a mistake, she should post it. If she's got proof, why not post it, for all to see?

[reorg]

58. I didn't say it should be kept secret

but the name of an official seems rather unimportant to me. Doesn't prove a damn thing, anyway.

[msanthrope]

62. Well, she'll need it, if you follow my post #61. N/T

[LanternWaste]

63. You appear to conflate secrecy and privacy.

You appear to conflate secrecy and privacy. Two wholly separate concepts.

[sarcasmo]

6. Is Washington afraid she is going to try and talk to Bradley Manning?

[WilmywoodNCparalegal]

36. Ok, so here's the deal. I do immigration law for a living

First, German citizens can come to the U.S. under the visa waiver for 90 days or less IF they are coming for purposes such as business meetings or vacations. The journalist in question, however, indicated she was intending to do some research related to her occupation as a journalist. Therefore, the visa waiver DOES NOT apply to her. She was honest when she explained the intent of her trip.

Therefore, since she was intending to pursue activities related to her occupation, she could not enter the U.S. on a visa waiver; rather, she would need to obtain an I visa (for media and journalists) prior to entering the U.S. in order to perform her research work.

Had she told the officers she was coming for vacation, then she would have been permitted to enter the U.S. on a visa waiver. However, had she done any research while under the auspices of her VW, she would have committed a violation of her VW conditions.

For instance, if I'm a scientist from Italy (a country with visa waiver privileges) and I wish to conduct research in the U.S., I cannot come in with a visa waiver. I must obtain the proper visa (a J or O or H or others, depending on the circumstances) before I can do my research.

If Ms. Weber wants to research documentation in the U.S., she will need to get the proper visa like millions of others do on a daily basis. If Ms. Weber wants to tour the Grand Canyon, then she's welcome to come in with a visa waiver, like millions of others from visa waiver countries do on a daily basis.

[msanthrope]

52. Thank you. I appreciate your taking the time to write on this. n/t

[reorg]

56. sounds simple enough, but doesn't appear to answer the problems we have

First, I am surprised that "millions of other" Germans apply for visas to do research in the US, but that's beside the point.

For me, these questions are still open:

1. Ms Weber claims she asked the US consulate if she as a German freelance journalists needed a visa to do research in the US and was advised that it was not necessary. Are you saying this is a lie, is it impossible that such advice was given?

2. Since she doesn't appear to hold a permanent job with a media organisation and doesn't do the research for one particular contract, how does she provide documentation that she is "on contract" if it doesn't exist?

>>Freelance Journalist under contract to a media organization: A copy of the contract with the organization, which shows the employees name, position held within the company; purpose and length of stay in the U.S. and duration of contract.<<

http://travel.state.gov/visa/temp/types/types_1276.html#7

IOW, if a journalist is interested in finding information only available in the US but has not made any plans on how to use such information, if any, later, is it then impossible for them to enter the US?

And finally, why would she be deported since she apparently truthfully stated the purpose of her journey. She could have been informed that her ESTA document was not sufficient for doing research and warned not to engage in something she wasn't allow to do, no?

Thanks.

[WilmywoodNCparalegal]

64. Here are my responses

I work with thousands of people who are seeking to get to the U.S. for research, especially in the sciences but not exclusively. Some come on a J visa, which requires a sponsoring organization. Some come on the famous H-1B visa; the ones who can prove 'extraordinary ability' as described by U.S. law come with an O visa.

But all must have a U.S. company/institution/university/library/non-profit/etc. as their sponsor. That sponsor - the petitioner - prepares a formal request through the USCIS. When that request is approved by USCIS, notification of the approval is forwarded to the Department of State and, more specifically, to the Consulate where the beneficiary of the petition will go for a personal interview in order to be cleared to enter the U.S. with that particular visa classification.

USCIS determines if one is eligible for a visa classification. USDOS determines if one is eligible to enter the U.S. One could be approved for a visa but be denied entry to the U.S. for a variety of reasons - for instance, lying to a consular officer about the intent of his/her stay in the U.S.

As to your questions, Answer 1: the USDOS, which oversees embassies and consulates, does not determine if one is eligible or not for a visa (except for some family based visas). The USDOS can only determine if one can enter the U.S. If I'm looking to come to the U.S. but I don't know what/how to do it, the worst place I could contact for information is a consulate or embassy. What she should have done was to contact a legitimate press organization - such as AP or Reuters - or a journalism union or even an university with a journalism school in the U.S. to find out exactly what the criteria are in order to perform research related to her occupational category. The other option would have been to locate an immigration attorney who is knowledgeable about U.S. immigration. I am not saying that Ms. Weber is lying; I'm simply stating that she, as a journalist, should have checked her sources better than just calling some anonymous embassy employee and/or not double-checking with an attorney or an international news organization.

As to question 2, the answer is that there is no need for a contract with a press organization for her to qualify for an I visa. An invitation from a legitimate news organization or association or journalism school or research foundation would have sufficed to show that she was being invited to review archives and records in the U.S. for a certain period of time. Compensation is not even an issue. I've done plenty of work with these, especially with freelance fiction writers who need to spend some time in the U.S. to get to know places they will be writing about. I'm sure a foundation or activist group would have happily volunteered to write an invitation letter for Ms. Weber had it been asked. There is no need to describe how the information will be used or even what places will be used in the research.

Finally, what happened to Ms. Weber is not deportation; rather, she was denied entry, which is within the right of DHS agents at airport immigration screens all over the U.S. The reason this happened is because her intent was not tourism or business meetings (which would have made her clearly eligible to enter freely under the visa waiver program); she herself honestly revealed her intent was to perform research which is related to her occupation as a freelance journalist. That particular intent is not covered by the visa waiver program. Therefore, she was refused entry in the U.S. This does not mean she is forever ineligible to re-enter the U.S. as a tourist (if that is her true intent) or to seek an I (or any other) visa.

However, the DHS officers did exactly the right thing. For instance, a British woman flies to the U.S. under visa waiver with the intent of seeing her U.S. citizen husband who lives in the U.S. When questioned at the immigration check at the U.S. arrival airport, she reveals her true intent as above. Guess what happens... she is denied entry because her intent is not covered by the visa waiver program (in addition, she has an added problem - that of the 'intending immigrant' intent - in other words, DHS may legitimately think she's trying to remain in the U.S. unlawfully in order to join her US citizen husband).

Ms. Weber should not have a problem procuring an I or B or other visa in the future, if she intends to do research. I'm sure she won't have a problem if she just wants to go to Disney World on a visa waiver in the future. (minus a few hiccups caused by the denied entry - usually this means she may have to be interviewed at the U.S. consulate to be pre-approved - this happens to all who have been denied entry).