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INS proposes new rules regarding visitors (update May 6, 2002)
INS recently proposed and then immediately clarified a new rule relating to the minimum admission period for B-2 visitors. See April 8, 2002 News Release at August 31, 1995; and April 10, 2002 clarification.
Under the proposed rule, as clarified by the INS, B-2 visitors would now have the burden of explaining to INS immigration inspectors the nature and purpose of their visit so that an Inspector may determine Ëa period of time that is fair and reasonable for the completion of the purpose of the visit. If an Inspector cannot determine a fair and reasonable period of admission, the default period of admission will be 30 days. The minimum admission period for B-2 visitors under existing INS rules is 6 months.
While the above change applies to B-2 visitors, certain features of the proposed rule affect B-1 visitors as well. According to an INS press release dated April 8, 2002, the proposed rule governing B non-immigrant visitors will:
1. 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);
2. reduce the maximum initial admission period for all B non-immigrant visitors from one year to sixmonths;
3. 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;
4 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
5. deny discretionary relief to persons with a final order of removal who fail to surrender for removal within 30 days of the final order.
An INS Fact Sheet regarding the proposed rules may be found at: INS Announces Changes for Visitors. While the provision which restricts the ability of B visitors to change to student status took effect immediately, the remaining rules are slated to take effect this month.
Please contact Matthew S. Raynes, mraynes@eatonpeabody.com, for further information.
This paper is provided as general information, and is not a substitute for legal or other professional advice.
INS recently proposed and then immediately clarified a new rule relating to the minimum admission period for B-2 visitors. See April 8, 2002 News Release at August 31, 1995; and April 10, 2002 clarification.
Under the proposed rule, as clarified by the INS, B-2 visitors would now have the burden of explaining to INS immigration inspectors the nature and purpose of their visit so that an Inspector may determine Ëa period of time that is fair and reasonable for the completion of the purpose of the visit. If an Inspector cannot determine a fair and reasonable period of admission, the default period of admission will be 30 days. The minimum admission period for B-2 visitors under existing INS rules is 6 months.
While the above change applies to B-2 visitors, certain features of the proposed rule affect B-1 visitors as well. According to an INS press release dated April 8, 2002, the proposed rule governing B non-immigrant visitors will:
1. 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);
2. reduce the maximum initial admission period for all B non-immigrant visitors from one year to sixmonths;
3. 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;
4 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
5. deny discretionary relief to persons with a final order of removal who fail to surrender for removal within 30 days of the final order.
An INS Fact Sheet regarding the proposed rules may be found at: INS Announces Changes for Visitors. While the provision which restricts the ability of B visitors to change to student status took effect immediately, the remaining rules are slated to take effect this month.
Please contact Matthew S. Raynes, mraynes@eatonpeabody.com, for further information.
This paper is provided as general information, and is not a substitute for legal or other professional advice.
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