New Rules for Foreign Tourists and 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 visitor’s 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 only six months rather than the one year that is currently possible.

Another change proposed by INS would be to prohibit foreign students from enrolling in classes without first declaring their intent to apply for student status (at the time they enter the US in another status, such as a tourist) ) and without also obtaining a INS approval of a change from another status. 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.

The INS Commissioner James W. Ziglar stated "These new rules strike the appropriate balance between INS's mission to ensure that our nation's immigration laws are followed . . . and our desire to welcome legitimate visitors to the United States." Commissioner James W. Ziglar further stated, "While we recognize that the overwhelming majority of people who come to the United States as visitors are honest and law-abiding, the events of September 11 remind us that there will always be those who seek to cause us harm." INS is trying to reduce national security concerns and lessen the likelihood that individuals will remain in the US past their authorized stay.

The proposed regulations will go into effect after a 30 day notice and comment period.

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