In the visa application process Reed Amendment (immigration)

the u.s. embassy in bridgetown, barbados (pictured) rejected ex-u.s. citizen businessman roger ver s application u.s. visa, states later able obtain visa u.s. embassy in tokyo. sources disagree whether reed amendment had visa rejection.

according foreign affairs manual (fam), due lack of regulations, department of state has no procedures in effect implement reed amendment. fam instructs consular officers [t]he role of department , consular officer limited in implementing ground of inadmissibility. unless applicant appears hit in lookout system revealing finding of inadmissibility under ina 212(a)(10)(e), must assume applicant eligible. finally, fam states person found inadmissible due reed amendment request waiver of inadmissibility under ina 212(d)(3)(a) obtain non-immigrant visa, no waiver available obtain immigrant visa.

since 2000, first year state department s report of visa office included relevant statistics, no consular officer has found visa applicant ineligible entry united states on grounds of reed amendment. however, charles m. bruce of moore & bruce llp states u.s. consular officers may have unofficially , improperly applied reed amendment refuse issuance of visas former u.s. citizens. mark nestmann states knows of occasional cases in former citizens have been denied u.s. visas, consuls citing reed amendment authority. nevertheless, eugene chow of chow & king associates states in spite of reed amendment, consular officers routinely issue visas ex-u.s. citizens, , state department s office of legal adviser has reversed denials based on reed amendment after being made aware of them.

in 2015, u.s. embassy in bridgetown, barbados rejected application ex-u.s. citizen roger ver u.s. visitor visa speak @ bitcoin conference in florida. official reason stated in rejection letter ver had failed prove ties country of residence, meaning had not overcome presumption of immigrant intent. decision did not bar ver later obtaining u.s. visa if overcome presumption intended immigrate. commentators speculated reed amendment true reason behind ver s visa denial, though tax lawyers expressed doubts due known reasons law s non-enforcement. ver states obtained u.s. visa later in same year u.s. embassy in tokyo, , visited u.s. in june 2016 speak @ conference in denver, colorado.