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From: Public Affairs Section [mailto:[EMAIL PROTECTED]]
Sent: Thursday, April 11, 2002 9:45 AM
Subject: Fact Sheet: U.S. Immigration Service Changing Rules for
Visitors, Students
Fact Sheet: U.S. Immigration Service Changing Rules for Visitors, Students
(Changes aim to enhance homeland security) (870)
The U.S. Immigration and Naturalization Service (INS) is announcing several
changes in the rules governing visas issued to business visitors and
tourists entering the United States.
In an April 8 press release announcing the change, the INS reported that the
rule changes are motivated by "its continuing effort to enhance homeland
security and strengthen and control immigration in the United States."
Following is an INS fact sheet on the proposed rule changes:
(begin fact sheet)
U.S. IMMIGRATION AND NATURALIZATION SERVICE
Fact Sheet 4/8/02 (Rev.)
INS Proposes Significant Changes to Rules Governing Visitors and Students
Millions of visitors are admitted to the United States each year under
business visitor (B-1) and tourist (B-2) visas. To gain greater control
over their presence, the Immigration and Naturalization Service (INS) is
proposing several changes to the rules governing visitor admissions.
Prohibition On Attending School Prior to Approval
A new rule, which will be published separately as an interim rule, takes
effect immediately upon publication, but will still allow for public
comment. The rule prohibits non-immigrant visitors admitted under B-1 or
B-2 visas from pursuing a course of study at a school in the United States
prior to receiving INS approval of their request to change non-immigrant
status to that of an F (academic) or M (vocational) student. To facilitate
this process, INS has set a target processing time of 30 days for all
requests to change or extend non-immigrant status, with all four Service
Centers achieving that target within the next 60 days.
Minimum Admission Period Eliminated
The proposed rule will eliminate the current minimum six months admission
period for B-2 visitors for pleasure, replacing it with "a period of time
that is fair and reasonable for the completion of the purpose of the visit."
When B visa holders apply for entry to the United States, they will be
required to explain to an INS Immigration Inspector the nature and purpose
of their visit so the Inspector can determine the appropriate length of
stay. While INS Inspectors will make every effort to determine a fair and
reasonable time period, the burden of proof rests with the alien. When the
time needed to accomplish the purpose of the visit cannot be determined, INS
will grant a 30-day period of admission.
Changes to Standards for Extension of Stay
The proposed rule will limit the conditions under which a B visitor can
obtain an extension of stay, and will reduce the maximum extension period
that can be granted. Persons in B status will be eligible to extend their
stay in cases that have resulted from "unexpected or compelling humanitarian
reasons," such as medical treatment or a delay in the conclusion of a
business matter. The request using Form I-539 (Application to Extend/Change
Nonimmigrant Status) must be properly filed on a timely basis and be
non-frivolous, and the alien must prove there are adequate financial
resources to continue to stay in the United States and that he or she is
maintaining a residency abroad. The rule also reduces the maximum extension
that can be granted from one year to six months.
As nearly all visitors with legitimate business or tourism interests are
able to complete their stay within a reasonable admission period, these
changes should not adversely affect them. INS does recognize that some
visitors, such as certain retirees who own vacation homes in the United
States, may wish to remain for longer than six months. The proposed rules
will allow extensions of stay in such cases. The proposed changes to
admission and extension of stay are part of a strategy to improve national
security and reduce the probability that an alien will establish permanent
ties in the United States, and thus remain in the country illegally.
New Requirements for Change of Status
Individuals planning to attend school in the United States are expected to
obtain the proper student visa prior to their admission to the United
States. However, INS does recognize that some intending students will want
to visit the United States first for bona fide visitor purposes, such as
touring campuses or interviewing for admission. The proposed rule will
establish new requirements for B non-immigrant visitor visa holders who wish
to become students. Persons admitted under B non-immigrant visitor status
will still be able to change their status to that of a student, but only if
they stated their intent to study in the United States when they initially
applied for admission and presented any I-20 forms they may have been
issued. Inspectors will be required to note that the alien is a prospective
student and make the proper notation on the alien's I-94 form
(Arrival/Departure Record). This rule will impact only those students
admitted in B status after the rule's effective date.
Existing rules allowing the commencement of studies before a change of
status is approved will continue to apply to those already in the United
States in B non-immigrant visitor status, since they may have already
started a course of study in reliance upon existing rules.
(end text)
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