INS to cut visitors’ stay to just 30 days; immigration status being checked for domestic flights

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.