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April 8, 2002
INS
Proposes Significant Changes to Rules Governing Visitors and
Students
Proposed Rule Would Also Establish Procedures Requiring
Aliens to Surrender for Removal Within 30 Days of a Final
Order
WASHINGTON, DC – In its continuing effort to enhance
national security and strengthen and control immigration in
the United States, the Immigration and Naturalization Service
(INS) is immediately implementing rule changes governing an
alien’s ability to begin a course of study and proposing
significant changes to the rules governing the period of time
visitors are permitted to remain in the United States.
Additionally, INS is proposing procedures that would require
an alien with a final order of removal to surrender to the
Service within 30 days of the issuance of that order.
Under the new proposed rule, aliens disregarding this duty
will be prohibited from acquiring future immigration benefits.
INS is forwarding all three rules to the Federal Register for
publication and public comment.
The interim rule prohibiting non-immigrants admitted in B
visitor status from pursuing a course of study prior to
obtaining approval of a change to student status takes effect
immediately upon publication in the Federal Register.
The change ensures that those aliens seeking to remain in the
United States in student status will have received the
appropriate security checks before beginning a course of
study.
The proposed rule governing B non-immigrant visitors will:
- eliminate the minimum 6-month admission period for B-2
non-immigrant visitors, and instead base the admission
period on the amount of time needed to accomplish the
purpose of the trip (in many cases 30 days);
- reduce the maximum initial admission period for all B
non-immigrant visitors from one year to six months;
- limit the conditions for which an extension of stay in B
non-immigrant visitor status can be granted and reduce the
maximum length of that extension;
- 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; and
- deny discretionary relief to persons with a final order
of removal who fail to surrender for removal within 30
days of the final order.
“These new rules strike the appropriate balance between
INS’ mission to ensure that our nation’s immigration laws
are followed and stop illegal immigration and our desire to
welcome legitimate visitors to the United States,” said INS
Commissioner James Ziglar. “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 –
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