March 21, 2002

INS Likely to Limit Visitors Visas

In testimony before a House immigration subcommittee regarding issues with INS performance and INS reforms on March 19, INS Commissioner James Ziglar said the INS was considering changing its current policy to limiting the length of a visitor stay in the U.S. to only 30 days. This could be a significant curtailing of the initial period of stay as a visitor’s stay in the U.S. may currently be granted for up to six months. Although nothing official has been implemented, it may be possible to allow visitors to extend their stay beyond the 30 day period. In a meeting attended by Greenberg Traurig attorneys, Efren Hernandez, INS Director of Business and Trade Services Division, stated this change is "very likely" to occur and, in fact, the rule is already in draft form and circulating at the agency – the necessary first step to implementation.

Clearly as a result of the 9/11 attacks, the INS is also looking at changing regulations which currently allow individuals who are in the U.S. and apply for a change to student status, to start school while the change of status application is pending. The INS is considering changing the regulations to require the change of status to be approved before an individual could start school. In order to facilitate such a policy change, the INS is working on reducing the processing times for change of status applications (Form I-539) to thirty days. During an AILA meeting, INS Associate Commissioner Fujie Ohata told GT attorneys, that currently 3 service centers were already down to 30 day adjudications and she expects the fourth service center to meet the 30 day processing requirement soon.

GT will provide updates as they become available.

  Commissioner Ziglar’s full testimony