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Sklyarov Denied Visa to Return to U.S. for Trial
Kurt Foss writes "Visa applications for Alexander Katalov and Dmitry Sklyarov of ElcomSoft were recently denied by the American Embassy in Moscow, jeopardizing their return to the U.S. in time for
the company to face criminal charges for allegedly violating
the Digital Millennium Copyright Act (DMCA) last year. The
already rescheduled trial is presently set to begin in the
U.S. District Court of Northern California on October 21."
Huh? This is just wierd. It seems absolutely baffling that the visa office wouldn't have a specific procedure for letting in and out people who wish to defend themselves in a lawsuit in the united states.
I find it just about impossible to believe that this has never happened before. If there's no procedure to ensure that those who wish to enter the U.S. because of a U.S. court summons actually are allowed to enter, then surely at some point this problem has come up in a previous court case. Isn't there any precedent for this? How as this handled in previous cases? Surely someone somewhere must know.
If he can't get back to the US, he won't be able to defend himself, and will be considered guilty
What?? If he's not present then how does that show his guilt?
Ok, the prosecution can make there case but he's entitled to a defence.
Whats to stop him just never going to the US anyway? So he'll get fined, wow big deal, how would they get the money off him if hes not even in the country.
Visa processing time are notoriously long, I've been back in the UK for about 7 weeks trying to get a visitors visa.. both applications were refused under section 221(g) - or providing inadequate proof that you are to return to your native country (even though I have proof of a full time job that I have to return to). No I'm going back again next week under the waiver program, but you can't do diddly on that program (i.e. extending your stay, etc).
I also doubt that Russia would be on the Visa Waiver scheme (I haven't checked the list)... maybe when they filled out their forms, did they tick (YES) to one of the silliest questions on the US Visa form (silly because I'd assume you wouldn't admit to it!)->
Do you seek to enter the United States to engage in export control violations, subversive or terrorist activities, or any other unlawful purpose?
Are you a member or representative of a terrorist organization as currently designated by the U.S. Secretary of State?
Have you ever participated in persecutions directed by the Nazi government of Germany; or have you ever participated in genocide?
(YES) (NO)
Anyhow, lets hope they can get something sorted quickly... the US doesn't want to look like it is deliberately denying them entry into the US so that they lose the 'charges will be dropped if you testify', but the case pretty much requires them to be there.
Are you local? There's nothing for you here!
I don't know what it is with the US and Russia. I lived in Russia for two years after High School and became fluent in Russian. I remember all the problems that each city's local Visa office (The dreaded OVIR) gave me in each city. I had to leave the country half way through my time there to get a new Visa. I felt that the officials there were difficult to deal with because it was an untrusted American they were dealing with.
It's kind of nice to know that it's a two way street in regards to Visas.
Good luck to Sklyarov.
The article says no reason was given. I doubt that's the case (they probably wouldn't tell journalists though).
Having been through the US visa process, I know how officious that lot can be. I have been refused a US visa twice (the visas were subsequently granted). To give you an insight to how assinine the US embassies can be, the first time was because they couldn't determine exactly how long I had worked for my company (I think it was refused under '221 (g)' (iirc)). Now they could have just phoned either myself up or the company up and asked.
Instead, I had to go to London, waste 4 hours sitting in the US Embassy in their "delicatessen" (they have this big square room, with about five subway-station-style windows at one end. First you line up to get a number. Then you wait for up to five hours until they call your number. There are newspapers in this room - these papers are all about moving to the US. The first half goes on about how terrible your country is and how wonderful the United States is, and the latter half is devoted to how they aren't going to give you a visa anyway. I kid you not!) Finally, my number is called. The officer asked one question. "How long have you worked for your company in the last five years?". I told them. >stamp stamp approved. A whole day wasted on a question that could have been answered by fax or phone without having to see me in person.
The second time I was refused was for a visa *that had already been approved* by the INS in the USA. We sent the forms into the US Embassy when I was back home. They refused it because one of the forms "was out of date". I downloaded the 'current form'. It was IDENTICAL IN EVERY RESPECT to the one they objected to apart from the date in the bottom. ABSOLUTELY IDENTICAL in all the boxes, the layout, the information, everything but the blasted date on the bottom! It delayed me for a week and my company not only lost a week of my time, they also had to pay extra as I had to change my airline ticket. It's only the INS that do this - I've had quite a few dealings with another US govt. agency - the FAA. They haven't minded about different versions of the same form which differ only in date.
The INS is absolutely *abysmal*. It's even worse than the IRS because they have so little accountability. The people who vote don't care because they don't have to deal with them, and the people who have to deal with them aren't allowed to vote!
Having said that, I greatly enjoyed my time in the USA and I think it's a great country - so please don't take my rant as a rant against the US - it is not. It's a rant about the INS. The INS are the worst kind of bureaucrats, and I wouldn't be surprised if Skylarov has been delayed by some petty bureaucrat playing his power-games over a form with the wrong frigging date in the bottom corner.
Oolite: Elite-like game. For Mac, Linux and Windows
The article says that the agreement is to drop charges against Skylarov if he testifies in the trial against ElcomSoft. Thus, if he can't be there, he may be prosecuted.
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Overcaffeinated. Angry geeks.
I once was a consular officer, albeit not in Russia. Russia is what's known as a "visa mill". That means that there are a lot of folks who want visas, and, as a result, long lines. Most applicants get about 60 seconds at the window, whereupon the consular officer must decide yea or nay. It isn't an exact science. One looks for discrepancies between what the applicant says, how they appear, and their papers. In Skylarov's case, I have no idea how he appeared, what he was asked, or what he said. However, his story may have sounded strange, or he may not have explained the circumstances well. Hence, no visa.
The DOJ has nothing to do with visas, and the State Dept (NOT the INS) has nothing to do with the DOJ. Later, when I left the FOreign Service, I went to law school and clerked for a federal judge. We have several cases where defendants and/or witnesses couldn't get back in to the US. GUess what -- there's nothing the court or the DOJ can do to get anyone a visa. In one case, where an actual defendant couldn't appear, we continued the proceedings until such time that the government could produce the defendant. In another case, where a witness couldn't appear, we allowed a deposition transcript to be used ("declarant unavailable exception")
Trials in absentia may be permissible under state law, but I've never seen such in federal court.
Just for fun, you can see a few of the 9/11 terrorist's visa applications. Judging by these, you'd *really* have to screw up your filing to be denied.