|
INS TO CUT VISITORS' STAY TO JUST 30 DAYS;
IMMIGRATION STATUS BEING CHECKED FOR DOMESTIC FLIGHTS
by Michael J. Gurfinkel, Esq.
Immigration Commissioner James W. Ziglar
stated recently that the Immigration and Naturalization Service
(INS) is considering a change in INS regulations that would result
in most holders of visitor's visas being admitted for a period
of only 30 days, instead of the usual six months.
Ziglar said the plan is one of several changes being
considered in response to the security needs of the United States
following the September 11, 2001 terrorist attacks.
Under current procedures, visitors are typically
admitted for a period of six months. Visitors could apply for
a six-month extension of stay, enabling many visitors to stay
up to one full year in the United States, without violating the
terms of their stay.
In a press statement released only last Monday (April
8, 2002), the INS said the proposed rules governing B non-immigrant
visitors will:
1. Eliminate the minimum 6-month admission period
for B-2 non-immigrant visitors,
and instead base the admission period on "a period of time
that is fair and reasonable for completion of the purpose of the
visit," meaning the amount of time needed to accomplish the
purpose of the trip (in many cases 30 days).
2. Require visitors to explain to the INS inspector
the nature and purpose of their visit.
3. Reduce the maximum initial admission period for
all B non-immigrant visitors from
one year to six months.
4. Limit the conditions for which an extension of
stay in B non-immigrant visa status can
be granted and reduce the maximum length of that extension. Extensions
can be granted only for "unexpected or compelling humanitarian
reasons."
5. Prohibit non-immigrants admitted in B-visitor
status from changing to student status unless they state an intention
to study at the time of admission.
6. Deny discretionary relief to persons with a final
order of removal who fail to surrender for removal within 30 days
of his final order. These persons will be prohibited from obtaining
future immigration benefits.
The INS also plans to tighten INS rules on student
visas. Ziglar told the House panel that under current rules, non-immigrants
who have filed change of status application from visitor to student,
start attending classes while awaiting approval of their applications.
Ziglar said the INS is considering changing these regulations
so that student visa application must first be approved before
an individual can begin a course of study.
Ziglar noted that two of those who hijacked two
commercial aircraft and crashed them into the World Trade Center
- Mohammed Atta and Marwan Al-Shehhi - were able to take up flying
lessons with the Huffman Aviation International School months
before their student visa applications were approved.
Other initiatives being pursued by the INS to enhance
security in the country, according to Ziglar, include, among others:
1. Since September 11, the country's ports of entry
have been on a Threat Level One Alert, the highest state of alert,
with Border Patrol agents being assigned to major airports and
land ports. Also, the INS adjudication process has been changed
to ensure that applications are checked against terrorist watch
lists.
2. INS agents are now able to access fingerprint,
photo, and other visa data of immigrants and non-immigrants entering
the U.S. at ports of entries, enabling these agents to identify
security and fraud risks.
Although Ziglar did not mention it in his report
to the House panel, there have been reports that INS is checking
the immigration status of people traveling aboard domestic flights
within the U.S. People are advised to bring their passports or
green cards when traveling within the United States.
Obviously, the INS is determined to tighten
its rules against aliens who are intending to violate immigration
laws. I would recommend that if you still have not legalized your
status, you should act now to do so, while the INS have not yet
implemented its tough plans. I advise you to consult with a reputable
attorney, who can analyze your situation and suggest possible
solutions to your immigration problem.
Back
to Main
|
