INS Sets New Rules for Student Visas

INS Sets New Rules for Student Visas

April 9, 2002

By THE ASSOCIATED PRESS

 

Filed at 9:45 a.m. ET

 

WASHINGTON (AP) -- Hoping to better track foreign visitors and keep out would-be terrorists,

immigration officials are tightening student visa rules and proposing shorter U.S. trips for tourists and

business travelers.

 

Effective immediately, any foreigner wishing to study in the United States must have an approved

student visa before taking courses, the Immigration and Naturalization Service said Monday.

 

The INS also is proposing to restrict tourists and business travelers to 30-day visits, down from the

current six months.

 

The INS has been under intense scrutiny since the Sept. 11 terrorist attacks, with some in Congress

calling for the agency to be dismantled. Supporters and critics agree that the agency is burdened with

conflicting missions to help immigrants enter and stay in the country and to identify and keep out those

who try to enter illegally or who may pose a danger.

 

The restrictions on travelers potentially could affect more than 2 million visits to the United States a

year and were immediately criticized by people in the travel industry.

 

``Any time we make it more difficult -- erect barriers or tighten barriers -- for people to come into our

country, we give them incentive to go someplace else,'' said Elise Wander of the Travel Industry

Association of America.

 

The INS says it had 10 million tourist visa admissions to the United States in 2000, the latest year with

available data. In three-quarters of those admissions, the visitors stayed less than a month. In 2.5

million cases, business travelers stayed an average 13 days.

 

``The reason to make these changes is to increase our control on who is coming in and increase our

awareness of what they intend to do while here,'' said INS spokesman Bill Strassberger.

 

Visitors would have to show unexpected or compelling reasons for an extension of a travel visa, such

as the need for medical treatment or a delay in completing a business matter, Strassberger said. The

maximum length of a visa extension would be reduced from one year to six months.

 

Before Sept. 11, INS Commissioner James Ziglar's focus was on improving the agency's service and

cutting waiting times for immigration benefits. Those remain priorities, but under pressure from

Congress -- especially since the attacks -- Ziglar has been forced to give precedence to keeping

better track of foreign visitors and tightening immigration policies.

 

``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,'' Ziglar said.

 

The INS believes requiring approval before students enroll will ensure they have received appropriate

security checks before entering the country.

 

The INS also is proposing that people who want to switch from a tourist or business visa to a student

visa return to their home country to apply. A person now can switch while in America. In return, the

INS says it would speed up decisions on such requests, issuing them within 30 days.

 

Two of the Sept. 11 hijackers, Mohammed Atta of Egypt and Marwan Al-Shehhi of the United Arab

Emirates, came to the United States on visitor visas and later applied for student visas. They began

training at a Florida flight school in July 2000, more than a year before the INS approved their student

visas.

 

At the time of the attacks, approximately 600,000 foreign students were enrolled in U.S. colleges and

universities. INS officials acknowledged they could not verify the whereabouts of many and promised

changes to better track them.

 

Sen. Dianne Feinstein, who has pushed for an improved student tracking system, called the changes a

beginning. But she said the changes will work only when INS has implemented the student tracking

system. It is scheduled to be up and running next year.

 

``Right now the INS has no idea where most of these students are,'' said Feinstein, D-Calif.

 

A Senate committee was scheduled Tuesday to consider border security legislation Feinstein is

cosponsoring that, among other things, would expand the number of institutions required to report to

the student tracking system and make passports issued after 2003 be tamper-resistant.

 

Under another proposed rule, INS wants to require people who get final deportation orders to

surrender themselves within 30 days. Those who don't will be denied any chance to appeal or seek

asylum.

 

The proposed rules are open to public comment for 30 days.

Copyright 2002 The Associated Press