The INS has proposed several important changes to the way United States admits persons under business visitor (B-1) and tourist (B-2) visas in the future. This action is a predictable consequence of the terrorist attack in September and the furor over the INS' handling of the terrorists' visa status.
The proposed rule will change the current minimum
six months admission period for B-2 visitors, implementing
instead "a period of time that is fair and reasonable for
the completion of the purpose of the visit." Under this
new rule, when tourist visa holders apply for entry to the
US, they will be required to explain to an Immigration Inspector
the nature and purpose of their visit. An Inspector will then
determine "the appropriate length of stay." According to the
rule, when "the time needed to accomplish the purpose of the
visit cannot be determined", INS will grant a 30-day period
of admission. Most likely. |
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. |
| 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 "Prospective Student" 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. |
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.
WARNING: The following is article
discussing legal issues. It is not intended to be a substitute
for legal advice. We recommend that you get competent legal
advice specific to your case. If you would like such advice
from our office, call (415) 777-4445 or (916) 349-2900 or
(408) 993-9737. |
