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Current Issue
U.S. Immigration News Update July 2002 Headlines
PROPOSAL FOR NEW DEPARTMENT OF HOMELAND SECURITY
President George W. Bush proposed the formation of a cabinet-level Department of Homeland Security, which would include the current Immigration and Naturalization Service (“INS”), Executive Office for Immigration Review (“EOIR”), and certain Department of State (“DOS”) Visa Office functions. The Secretary of Homeland Security would have the authority to administer and enforce all immigration and nationality laws, including the visa issuance functions of consular officers. The proposed legislation has been transmitted to the United States Congress.
The proposal can be found at http://www.whitehouse.gov/deptofhomeland/bill/
ALL NON-CITIZENS MUST REPORT ADDRESS CHANGES TO INS
The INS has announced that the agency will strictly enforce the address change notification requirement. All non-citizens must report address changes to the INS on Form AR-11 within 10 days of such change. The penalties for failure to comply include $200 fine, 30 days in jail, and deportation.
Additionally, certain aliens, including citizens of Iran, Iraq, Libya, and Sudan are required to register with the INS. The INS may add 33 more countries to this list and require any other person an INS inspector determines should be required to register. Failure to keep the INS apprised of new addresses by these individuals could result in a $1,000 fine and up to six months in jail.
Members of the American Immigration Lawyers Association (“AILA”) have reported clients being criminally prosecuted and placed in deportation proceedings for failure to inform the INS of changes in their address.
Download the latest edition of Form AR-11, Alien’s Change of Address Card:
 Form AR-11, Alien's Change of Address Card
PROPOSED RULE REDUCES MINIMUM TOURIST ADMISSION TO 30 DAYS
On April 12, 2002, the INS published a proposed rule that would eliminate the automatic 6-month admission period for B-2 tourists and would instead base the admission period on the amount of time needed to accomplish the purpose of the trip (in many cases 30 days). The proposed rule would also reduce the maximum admission period for B-1 (business) and B-2 (tourist) visitors from one year to 6 months and limit the B visitors’ ability to extend their stay or change to student status. Under the proposed rule, extensions will only be granted for unforeseen or humanitarian reasons and changes to student status will only be approved if the applicant made this intent known when he or she initially applied for admission as a B visitor at the port-of-entry. Proposed rules do not have the force of law until they become final.
NEW SECURITY CHECKS FOR ALL VISA APPLICATIONS
The INS has instituted a new process whereby all visa petitions and applications, as well as, naturalization applications are subject to a new security check. While the new security check mandate is in effect at all INS offices nationwide, implementation of the new process has been uneven, as some INS offices reportedly have limited access to the Interagency Border Inspection System (“IBIS”) database against which the checks are performed. Even where the IBIS is available, many INS officers are still in the process of being trained on the system. This new background check has caused significant case processing delays at various INS service centers and offices nationwide.
DOJ PUBLISHES PROPOSED “SURRENDER” RULE
The U.S. Department of Justice (“DOJ”) issued a proposed rule that would require all foreign nationals subject to a final order of deportation or removal to surrender themselves to the INS within 30 days of the issuance of that order. Foreign nationals who fail to comply would be prohibited from acquiring future immigration benefits.
PROPOSED ALIEN REGISTRATION REQUIREMENT
On June 5, 2002, Attorney General John Ashcroft announced a proposed rule requiring the registration and monitoring of certain nonimmigrants. This new “National Security Entry-Exit System” would comprise of three components: fingerprinting at the port-of-entry, periodic registration of certain foreign nationals, and exit controls.
Under the proposed rule, nonimmigrants from certain designated countries, and foreign nationals identified by the INS inspectors upon specific criteria to be established by the DOJ, will be required to submit fingerprints and officially register at the time of their arrival in the United States. Thirty days after their arrival, and every year thereafter, these specific targeted individuals will be required to appear in person at an INS field office and submit proof of residence and provide other evidence relating to their status (e.g., employment, school, etc.) in the United States. Registered foreign nationals will also be required to notify an INS agent of their departure from the United States. The Attorney General stated that any person who fails to comply with these registration procedures will be placed into a criminal database, be subjected to deportation, and possibly be subjected to criminal prosecution.
PROPOSED FOREIGN STUDENT TRACKING
The DOJ has issued a proposed rule governing the retention and reporting of information regarding foreign students in F, J, or M nonimmigrant status. Among other things, the rule would implement usage of the Student and Exchange Visitor Information System (“SEVIS”).
SEVIS is an internet-based system providing the government, educational institutions and exchange program sponsors an automated means to exchange timely information about foreign students, exchange visitors and their dependents. The proposed rule specifies that schools use SEVIS to issue documentation to students and report pertinent information to the INS. The new rules will require schools to collect and report information on foreign students to the INS. The data that must be reported includes:
- The start date of the student’s next term or session;
- A student’s failure to enroll;
- A student dropping below a full course of study without prior authorization;
- Any other failure to maintain status or complete the program;
- A change of the student’s or dependent’s legal name or address;
- Any disciplinary action taken by the school against the student as a result of the student being convicted of a crime; and
- A student’s graduation prior to the program end date listed on the Form I-20.
The INS plans to begin implementation of SEVIS on a voluntary basis with schools on July 1, 2002. Under the proposed rule, participation will become mandatory by January 30, 2003. SEVIS will require schools and exchange programs to transmit electronic information, via the internet, to the INS and the DOS throughout a student’s or exchange visitor’s stay in the United States.
NEW RULE REQUIRE CHANGE TO STUDENT STATUS BEFORE STARTING SCHOOL
On April 12, 2002, the INS issued an interim rule prohibiting nonimmigrant visitors admitted in B-1 (business) or B-2 (tourist) status from pursuing a course of study prior to obtaining approval of a change to F-1 or M-1 student status. The rule took effect immediately upon publication on April 12, 2002.
OLD MEXICAN BORDER CROSSING CARD VALID UNTIL 10/1/2002
On May 17, 2002, the INS announced that the older, non-biometric Mexican border crossing cards (“BCCs”) are valid until October 1, 2002. The INS encourages Mexican nationals to apply for the new biometric BCCs, Form DSP-150 as soon as possible.
NO MORE PART-TIME CROSS-BORDER COMMUTER STUDENTS
Effective May 22, 2002, the INS will no longer admit students residing in contiguous territories to enter the United States to attend school on a part-time basis, unless the student had already been attending classes prior to such date. Contiguous territories refer to Canada and Mexico.
DOS TO END VISA EXEMPTION FOR COMMONWEALTH CITIZENS RESIDING IN CANADA
The U.S. Department of State (“DOS”) is planning to change its rules to require alien residents in Canada having a common nationality with nationals of Canada to obtain nonimmigrant visas to enter the United States. These individuals, who are citizens of British Commonwealth countries, are currently exempt from the nonimmigrant visa requirements, as well as from passport requirements if they are entering the United States from a Western Hemisphere country. Presumably, the passport exemption also would be eliminated, as would the exemptions for such nationals residing in Bermuda.
NEW J-1 WAIVER APPLICATION
On June 3, 2002, the DOS introduced a new Form DS-3035, J-1 Visa Waiver Review Application. Effective immediately, applicants must use this form to apply for a waiver of the two-year foreign residence requirement under Section 212(e) of the Immigration and Nationality Act. Additionally, the application fee has been increased to $230.
Download the latest edition of Form DS-3035:
Form DS-3035, J-1 Visa Waiver Review Application
OUR OFFICE PUBLISHES THIS NEWS UPDATE TO PROVIDE THE PUBLIC WITH GENERAL
INFORMATION REGARDING THE LATEST DEVELOPMENTS IN US IMMIGRATION LAW. THE
INFORMATION IN THIS NEWS UPDATE SHOULD NOT BE INTERPRETED AS LEGAL ADVICE.
READERS ARE STRONGLY ADVISED TO CONSULT A QUALIFIED IMMIGRATION LAWYER TO
RESOLVE THEIR INDIVIDUAL CIRCUMSTANCES. FOR CONSULTATION WITH AN IMMIGRATION LAWYER,
PLEASE CALL US AT (626) 279-5341 OR E-MAIL US AT INFO@BCCVISALAW.COM. AN ATTORNEY IN OUR OFFICE WOULD BE HAPPY TO ASSIST YOU.
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