Immigration Updates

Immigration Name Changes

Most of us know that INS used to stand for Immigration and Naturalization Service, and INS was in charge of regulations that affect international students and scholars. Well they have changed their name a few times since 2002.

On November 25, 2002, the President signed the Homeland Security Act of 2002 into law. This transferred INS functions to the Department of Homeland Security (DHS).

As of March 1, 2003 Immigration and Naturalization Services was abolished and its functions were divided into the departments listed below.

Under Department of Homeland Security:

Bureau of Customs and Border Protection – BCBP
Bureau of Immigration and Customs Enforcement – BICE
Bureau of Citizenship and Immigration Services – BCIS

There have been some more minor name changes since then. The word Bureau has been dropped, and in one division United States (U.S.) has been added. We now have:

United States Citizenship and Immigration Services – USCIS
Immigration and Customs Enforcement – ICE
Customs and Border Protection - CBP

As a result of the USA PATRIOT Act passed by Congress and signed into law by the President in the wake of the September 11, 2001 terrorist acts, nonimmigrant from certain countries are required to register their presence with the U.S. CIS.

National Security Entry Exit Registration System (NSEERS) began in Fall 2002 which required males between ages 16 and 45 to report to their district U.S. Citizenship and Immigration Services office for an interview, which includes taking their fingerprints and photographs.

Special Registration what does it mean?

Special Registration is a system that will let the government keep track of nonimmigrant that come to the U.S. every year. Some of the non-immigrants will be required to register with immigration authorities either at a port of entry or a designated immigration office in accordance with the special registration procedures. These special procedures also require additional in-person interviews at an immigration office and notifications to immigration authorities of changes of address, employment, or school.

Nonimmigrant who must follow these special procedures will also have to use specially designated ports when they leave the country and report in person to an immigration officer at the port on their departure date.

Citizens and nationals (primarily adult males) from the following countries are currently affected: Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, Yemen.

People from the above list are required to report every year to the:

Posted 17 November, 2003

US-Visit

US-VISIT is a Department of Homeland Security program that enhances the United States entry and exit system for foreign nationals requiring a visa to enter the U.S. Through US-VISIT, the United States will be able to effectively verify the identity of incoming visitors and confirm compliance with visa and immigration policies while continuing to expedite the process for legitimate trade and travel.

The law requires that an automated entry/exit program be implemented at most U.S. airports and seaports on December 31, 2003; and 50 of the most highly trafficked land ports of entry (POES) by December 31, 2004; and then all POEs by December 31, 2005.

Canadian citizens will be exempt from this process because of pre-existing agreements with the U.S. and Canada.

US-Visit system will eventually take the place of NSEERS, the National Security Entry Exit Registration System.

How it works: ENTRY
• Many of the entry procedures in place today remain unchanged and are familiar to international travelers.
• U.S. Customs and Border Protection Officers will review travel documents, such as a visa and passport, and ask questions about the visitor's stay in the U.S.
• The new, inkless fingerprint scanner is easy to use. The visitor will be asked to put one and then the other index finger on a glass plate that will electronically capture two fingerprints.
• Visitors also will be asked to look into a camera and their picture will be taken. This can be done while fingerprinting is in process.
• The enhancements to the entry procedures add minimal time to the process - only seconds in most cases.
How it works: EXIT:
• The exit procedures at airports and seaports will be phased in, becoming operational in 2004.
• At the international departure area, visitors will see automated, self-service kiosks where they will be asked to scan their travel documents and repeat the fingerprinting process on the inkless device. Attendants will be available to assist with the process.
• The exit confirmation will be added to the visitor's travel records to demonstrate compliance and record the individual's status for future visits to the United States.
For additional information on the US-Visit visit the following websites:

http://www.dhs.gov/dhspublic/display?content=2080

http://www.dhs.gov/dhspublic/interapp/press_release/press_release)0287.xml

For background on US-VISIT with questions and answers information: http://www.dhs.gov/interweb/assetlibrary/USVISIT_QnA_102703.PDF

Posted: May 10, 2002

The following information about the new ruling by the U.S. State Department was provided by NAFSA, Association of International Educators.

State Department eliminates "automatic revalidation of visa" benefit for some aliens.

In a rule published on March 7, 2002, the State Department modified the "automatic revalidation of visa" benefit [22 CFR 41.112(d)] that allows certain nonimmigrants to re-enter the United States after a 30-day or less visit to "contiguous territory" (Canada, Mexico, and, in the case of F and J nonimmigrants, the "adjacent islands other than Cuba") without having to obtain a new visa prior to re-entry. There are two changes to the benefit, both of which are effective April 1, 2002.

1. First, citizens of "state sponsors of terrorism" (as designated in the State Department's annual "Patterns of Global Terrorism" report) will no longer be eligible for the automatic revalidation of visa benefit. The most recent State Department report (year 2000) was released on April 30, 2001, and lists the following countries as state sponsors of terrorism: Iraq, Iran, Syria, Libya, Sudan, North Korea, and Cuba. Prior to this rule change, only citizens of Iraq were excluded from the automatic revalidation of visa benefit.
   
   
2. The second change will affect individuals who choose to apply for a new visa while in contiguous territory. Although the automatic revalidation benefit is meant to relieve someone of having to obtain a visa, many individuals choose to apply for a visa anyway, to facilitate future entries to the U.S. after travel to non-contiguous territory. Under the new rule, any nonimmigrant (not just someone from the 7 countries listed above) who chooses to apply for a new visa while in contiguous territory will no longer be eligible for the "automatic revalidation" benefit during the course of that trip, but would rather have to wait until the visa is granted in order to re-enter the United States. This would seem clearly to prevent someone whose visa application is denied from then reentering the U.S. under the automatic revalidation provision, but the broad language could also be read to prevent individuals whose visa application is still pending from using the automatic revalidation provision to reenter the U.S. before the visa application is decided.

The rule does not appear to affect the availability of the "automatic revalidation of visa" benefit for those who choose not to apply for a new visa while in "contiguous territory," as long as they are not from one of the "state sponsor of terrorism" countries.

This rule takes effect April 1, 2002.

Questions and Answers About this Update

Q: Can I still go to Canada to apply for a new visa stamp?
A: Yes, but if the U.S. consulate denies your visa stamp you cannot re-enter the U.S.

Q: Do I need a new visa stamp if I change departments?
A: NO.

Q: Will this new law be in effect forever?
A: Probably, but no one really knows.

Q: Can I just go to Canada to apply for a visa stamp? Or do I still need an appointment?
A: You still need an appointment.

Q: If my visa stamp is valid can I go to Canada and have it extended?
A: My recommendation is don't go. The U.S. consulate does not have to extend it, and they usually do not want to see anyone unless the stamp has already expired.

Q: How will the INS people at the U.S. border know if I went to Canada and was denied a new visa stamp?
A: The U.S. consulate would stamp your passport and the INS at the border would see it.

Q: If I am going to Canada to apply for a visa stamp what do I need to take?
A: Check the ISSS homepage it tells you.

Q: Can I call the U.S. consulate to find out ahead if they will give me a new visa stamp?
A: NO

Posted: September 19, 2002

Change Your Address with Immigration

It is recommended that International Students and Scholars who have changed their address since they last entered the United States notify Immigration immediately by filling Form AR-11. There is no fee for filling this form. Copies of Form AR-11 are available for download from the INS website at: http://www.ins.usdoj.gov/graphics/formsfee/forms/files/ar-11.pdf

This form is easy to fill out and we recommend that you keep a copy for your records. On the form it asks for your “A” number. Only if you are in the United States as a pending permanent resident or asylum will you have an “A” number. Everyone else leave it blank.

This form is not new, the requirement of notifying INS when a non-immigration person in the United States changes his/her address has been around for over 50 years, but has not been enforced. If you want to read the regulation, it can be found in Section 262(a) of the Immigration & Naturalization Act. What will happen to you if you do not notify INS of an address change since your last entry into the United States? It is a misdemeanor and can result in a jail term of no more than 30 days and/or a fine not to exceed $200.00, as well as a provision to place the individual into custody and removal from the United States.

Post September 11 many things are changing and we all need to understand that and know that all these new requirements are something we are all going to have to obey.

BUT you still need to notify the Registrar’s Office at Rensselaer within 10 days of changing your local address.

IAP-66 Name Change

The Department of State has changed the name of the Form IAP-66. It is now called DS-2019.