April 9, 2002

INS to Limit Visitor Stays, Add Restrictions to Students

The Immigration and Naturalization Service (INS) has moved to restrict the time in which visitors may remain in the United States from six months to 30 days or less, in response to the September, 11, 2001 attacks on the World Trade Center and the Pentagon. Under current practice, the general rule for tourists possessing visitors’ visas is to grant a stay of up to six months (tourists who can enter without visas are given up to three months). The INS will require each individual wishing to enter on a tourist visa to explain the purpose for entering the country. At that point, the INS officer at the port of entry will determine the length of time needed to accomplish the purpose of the visit. If the INS inspector cannot make that determination, a 30 day limit will be imposed on the individual. The INS also wishes to limit the stay of business visitors to a total of six months rather than one year.

Another change proposed by INS would be to prohibit foreign students from enrolling in classes without first declaring that intent upon entry and then obtaining approval from INS to change to student status from another status (such as tourist. At the present time, individuals may enroll in universities and colleges and attend classes while they hold visitor status and wait for the INS to process the change of status application (which has up until recently taken months, as illustrated by the issuance of change of status documentation for two of the alleged September 11 hijackers six months after September 11). The INS will also require students to alert immigration officials of their intention to attend school when they enter the US on a non-student visa type.

INS has sent these rules to be published. We will provide more information when they are published, but it is important to note that they have not yet been published and thus are not effective.

INS information sheet announcing its intent to publish these regulatory changes:

  INS Fact Sheet (PDF/104 kb, 2 pages)