INS Cracks Down on Visitors, Students and Absconders - Q&A

Join the Discussion 'Visitors visa for my folks' BG816     Related Resources • Putting it in Perspective • Changing Status • Premium Processing • Daily Immi News • Shusterman Chats    From Other Guides • Human Rights • Race Relations • U.S. Politics  Elsewhere on the Web • FAQ Visitor Regulations • Students

Leading immigration attorney Carl Shusterman recently hosted a chat on our site on:

The INS Cracks Down on Visitors, Students and Absconders

Jennifer: Mr. Shusterman is here.

Carl Shusterman: Good evening everyone.

Today we will be discussing a set of regulations proposed by the USCIS (formerly the INS).

These would

1) Significantly restrict the amount of time that a visitor is allowed to stay in the U.S.;

2) Make it much more difficult for a visitor to extend his stay in the U.S.; and

3) Greatly restrict the ability of a visitor to change status in the United States.

Make sure to reference your comments as follows "INS No. 2176-01"

Question 1: Are the changes for sure? Why did they say "effective immediately upon publication" if they aren't for sure? I was confused whether they were proposed or really true and signed in ink. When do they get effective?

Carl: The regulations very clearly state that they are only proposed, and are not effective immediately. See http://shusterman.com/ins-b41202.html

Question 2: What will the crackdowns be, affecting who, and can you define absconder?

Carl: This question refers to a different set of proposed regulations, an absconder is someone who has had either a removal, deportation, or exclusion hearing before an immigration judge and is under a final order of deportation for removal and has not left the United States.

An absconder can also be a person who is under an order of summary removal, who has not left the United States.

The INS is already entering personal information about absconders into the FBI database. This database is used by most local police departments. When you get stopped for a traffic violation, the policeman asks for your license and enters this information into the database. If your name and personal information appears in the database, the INS will be contacted, and presumably an INS agent will take you into custody.

There have already been numerous instances over the past few months when absconders have been apprehended. The INS and the Justice Department have announced that their first priority will be to apprehend absconders from countries in the Middle East.

Jennifer: One moment please. :) By the way, there will be a transcript published on immigration.knowitallmall.com in a few days so you can read all the questions and answers at your leisure.

Question 3: I read the FAQs, but I am kind of confused of visitor visa rules on Canadian Citizen. Are Canadian Citizens allowed to stay only for 90 days now, instead of 6 months. If so, will this rule apply to the people already entered in the United States?

Carl: Canadian citizens will still be able to enter the United States, as visitors for a period of six months - if they apply for extensions of stay prior to the effective date of the rule, they can request an additional 6 months.

Persons who enter the United States as visitors on the Visa Waiver program will be allowed to enter the United States for 90 days, just as they do now. They will not be able to apply for extensions of stay or change of status.

Question 4: My Grandparents arrived two days back. They got a 30 day visa. There was nothing written at the back of I-94. What is the best option to get their stay extended?  1. Extension Application  2. Reenter US by going to Canada/Mexico/etc.  3. Any other options?

Carl: Since this rule is not yet effective, your parents can request an extension of stay, using form I-539. They may request up to six additional months to stay in the U.S. There is no need for them to leave the U.S. and re-enter from Canada or Mexico.

Question 5: I have numerous business meetings in the United States over the next few months. Although my company will pay for me to fly back and forth, it's terribly inconvenient. Is there any extension for business travelers from the U.K.?

Carl: Persons from the U.K. usually enter the United States under the visa waiver program when they are coming as B-1 visitors for business. Nothing in these regulations affects the visa waiver program in any way.

However, it is possible for a person to enter as a B-1 visitor, based on a visa in their passport, rather than the visa waiver program. These persons will be subject to the same restrictions as B-2 visitors for pleasure. There is a lot of misinformation that these proposed regulations limit B-1 and B-2 visitors to a 30-day stay in the United States. This is untrue. The regulations would allow visitors to be admitted to the United States "for a period of time that is fair and reasonable for the completion of the purpose of the visit."

However, it is up to the visitor to convince the INS inspector that he needs more than 30 days to complete the purpose of the visit. The INS inspector can admit the visitor for up to six months on the initial entry. However, if there is "any ambiguity" as to what is a fair and reasonable time, the inspector will admit the visitor for 30 days.

Question 6: Will the new INS changes be maintained now that the INS will be put out of business?

Carl: This question refers to the recent vote in the House of Representatives to split the INS into two agencies. The matter remains pending in the Senate.

However, whether or not the INS continues to function under its existing name, or another one, as one agency, or ten, the body of immigration laws and regulations will remain, unless they are changed at a later time.

Question 7: I am just accepted to American University in Washington D.C. and must file my papers for a student visa. I heard there are many changes, students can't get in and the INS is closing. Can you advise me how to proceed now?

Carl: If you are outside the United States and have a form I-20 issued by your school, you can follow the regular procedure and apply for a F-1 student visa at a U.S. consulate in your country. If, on the other hand, you are present in the U.S. as a visitor, you may still apply for a change to student status since the visitor regulations which would limit your ability to do so are not yet final. Should these regulations become final, only visitors who have told the INS inspectors upon entry that they wish to become students in the United States and have the words "prospective student" stamped on their I-94s, can change status to F-1 or M-1 student in the United States.

There was another regulation issued by the INS on April 12, 2002, that became effective on that date. This regulation provides that persons who change to student status while in the United States, may not begin their course of study until INS approves their application for a change of status. See: http://shusterman.com/ins-fm41202.html

Question 8: From scale high to low, what reasons can get the stay of visit increased for few more months?

Carl: Extensions of stay may be granted where the person establishes that an "unexpected circumstance (that is,
a documented and significant situation or event that is out of the alien's control) prevents the alien from departing the United States at the conclusion of the granted period of admission..."

Also, extensions of stay may be granted where a visitor demonstrates "compelling humanitarian reasons." Such reasons include, but are not limited to, "situations involving an alien due for continued medical treatment, need for an alien parent to stay with his or her minor child receiving medical treatment, or specialized education in the United States, for the needs of an alien adult to attend to an acutely ill immediate family member who is receiving medical treatment."

Finally, the regulations also allow each of the following types of persons to receive an extension of stay:

1) Certain religious missionaries;

2) a person who is establishing a new office under the L visa regulations,

3) certain personal or domestic servants of U.S. citizens,

4) certain employees of foreign airlines, and

5) a person who owns a home in the U.S. and occupies the home on a seasonal or occasional basis only

Carl: Please see our FAQ on INS' proposed regulation regarding visitors at:

http://shusterman.com/bregfaq.html

Question 9: I have read that after your I-94 period is expired, that you have to go to your home country before entering the U.S.? Is that true? i.e. Can the person go to any other country, instead of going to his/her home country and come back to the US to get a new I-94?

Carl: There is no requirement under the current law or regulations for a person to return to his or her home country, before returning to the United States and receiving a new I-94. For example, let's suppose that a computer programmer from India is working in Great Britain and has a brother that he visits frequently in the U.S.
There is no reason that the programmer must return to India before being eligible to receive an I-94 to visit his brother in the U.S. He can simply return to Great Britain, resume his job, and when he has a business trip or short vacation, return to the U.S. as a visitor.

Where some people get confused: they think by exiting the U.S. for an afternoon, to go to Mexico or Canada, they can return to the U.S. and enter with a new I-94. In reality, visitors traveling to Mexico or Canada are allowed, in most circumstances, to re-enter the United States on their valid I-94s as long as their visit to Mexico or Canada does not exceed 29 days.

Some people think that they will outsmart the immigration service and claim that they have lost their I-94s in Canada or Mexico. This is like playing with fire. The INS examiner may find that the person has committed fraud and bar them from entering the U.S. for the rest of their lives.

Carl: I hope that this chat has been helpful to everyone who participated. Thank you for the great questions.

Jennifer: Mr. Shusterman has another engagement and has to run. We believe that we got to all questions: some of you asked the same or very similar questions.

Once Carl leaves, I will turn on moderation so you can chat amongst yourselves if you still have questions.

Carl: Check immigration.knowitallmall.com and shusterman.com for the next chat schedule.

Thank you for coming and have a great evening.

Jennifer: Thanks Carl. Good night.

Current Features

Back to the front page