April 12, 2002

By Lauren Monsen
Washington File Staff Writer

Washington -- The Immigration and Naturalization Service (INS) is proposing new rules governing the admission of foreign visitors and students into the United States in order to address security needs and deter illegal immigration, the INS announced on April 8.

An INS fact sheet described the proposals as "part of a strategy to improve national security and reduce the probability that [a foreign national] will establish permanent ties in the United States, and thus remain in the country illegally."

According to recent reports filed by The Washington Post and ABC News, the proposed changes represent a broad reform effort by the INS in the wake of the September 11 terrorist attacks against New York and Washington. The attacks, said the Washington Post, "exposed the shortcomings of the system that tracks foreign visitors as they enter and remain in the country," and in the ensuing months, U.S. officials have been under pressure to take corrective action.

In addition to the proposed rules, which are open to public comment for 30 days before taking effect, the INS has instituted a new regulation -- effective immediately -- mandating that foreign nationals who want to study in the United States must first obtain student visas before taking academic courses. Prior to the announcement of this new regulation, foreign students were permitted to enroll in U.S. schools while holding tourist or business visas if they had applied for a change to student status.

Under the new regulation, "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," the INS said. However, the earlier rule will continue to apply to foreign students who had enrolled in U.S. schools before the new regulation was announced.

Foreign nationals who entered the United States with tourist or business visas "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 [into the country]," the agency advised.

The proposed changes due to take effect in May 2002 will enable authorities to better manage the flow of tourist and business visitors to the United States, INS officials indicated. "Millions of visitors are admitted to the United States each year under business visitor (B-1) and tourist (B-2) visas," the INS said. The new rules, officials stressed, are not intended to place an undue burden upon visitors.

One proposed rule calls for eliminating the current minimum six-months admission period for B-2 pleasure visitors, "replacing it with a period of time that is fair and reasonable for the completion of the purpose of the visit," the agency said. Tourist and business visitors will be required to explain to immigration inspectors the nature and purpose of their visit so that the INS can determine an appropriate length of stay. "When the time needed to accomplish the purpose of the visit cannot be determined, INS will grant a 30-day period of admission," officials added.

Another proposed rule "will limit the conditions under which a B [business or tourist] visitor can obtain an extension of stay [within the United States], and will reduce the maximum extension period that can be granted," the INS said. "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 proposed rule also will reduce from one year to six months the maximum extension period granted to business and tourist visitors, although exceptions will be made in some cases -- for instance, the INS is likely to grant longer extensions to retirees who own vacation homes in the United States and may want to stay longer than six months at a time.

The third and final proposed rule change will require foreign visitors who are subject to final orders of deportation to surrender to the INS within 30 days of the deportation order. Those who fail to do so will be denied future immigration benefits, such as asylum or permanent resident status. The proposed rule applies to foreign nationals already involved in proceedings to remove them from the United States, since they will receive legally adequate notice of the new requirement, the INS said.

"These new rules strike the appropriate balance between INS's mission to ensure that our nation's immigration laws are followed ... and our desire to welcome legitimate visitors to the United States," said INS Commissioner James Ziglar. "While we recognize that the overwhelming majority of people who come to the United States are honest and law-abiding, the events of September 11 remind us that there will always be those who seek to cause us harm."