Student & Tourist Visas: How to Come to the U.S.
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Student & Tourist Visas: How to Come to the U.S.

Pub. Date: Nov 2001
Edition: 1st
Pages: 304 pp
ISBN: 0-87337-789-3
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Summary & Reviews Table of Contents Sample Chapter Updates

Updates

Here are summaries of important legal or procedural changes that affect the latest edition of this product. If you want to check on the accuracy of any other information in the book, please follow the legal research instructions in the book or in Nolo's research manual, Legal Research: How to Find and Understand the Law.

USCIS Switching to Passport-Style Photo Requirement

Effective date: Jul. 26, 2004


In the past, all photos accompanying applications to USCIS had to follow so-called "ADIT" style, meaning the photos showed a ¾ view of the applicant' s face. However, USCIS is changing its policy, and will now accept passport-style photos (showing a full frontal view of the applicant's face). Beginning September 1, 2004, USCIS will require that all photos included with newly filed applications be in passport style.

For more information on passport photo requirements, go to the State Department's website at http://travel.state.gov/passport/pptphotos/index.html.

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All Visits to Some USCIS Offices Will Require Appointments

Effective date: Jun. 1, 2004


To reduce the long lines around USCIS offices, the agency is beginning a new program requiring visitors to make appointments before they arrive. The program, called "InfoPass," is already in effect in Los Angeles, Miami, and New York. It will soon be expanded to other cities.

If you need to visit USCIS -- whether to submit an application, pick up a form, or ask a question -- check the USCIS website first to see whether InfoPass is in effect at your local USCIS district office. If it is, you have little choice but to make an appointment (some offices will allow walk-ins if there's space, but don't count on this).

Appointments can be made only through the Internet. If you don't have a computer with Internet access, go to your local library, or a nonprofit organization that serves immigrants. Look for a computer with a printer -- you'll need a printout of your appointment notice when you visit. (Also, be sure to bring photo identification and any paperwork associated with your immigration case to your appointment.)

To make your appointment, go to www.uscis.gov and click the InfoPass link on the right side of the page. You'll be asked to enter information and can request when you want your appointment. You can use this same website to cancel your appointment, if necessary.

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Students and Tourists Affected by New Visa Rules and Procedures

Effective date: Apr. 8, 2002


Various rules for obtaining student and tourist visas have changed or been added in the years since September 11, 2001. In addition, various changes to visa procedures in general will affect tourists and students.

New Post 9/11 Security Measures

Since September 11, 2001, Congress and the immigration authorities have introduced various security measures:

  • If you're applying for a tourist visa or student visa, don't be surprised if you receive more intense questioning than usual. U.S. laws already required consulates to check every applicant for a record of criminal or terrorist acts -- but now they are being even more diligent in following these procedures and are forwarding suspicious cases to the Federal Bureau of Investigations (FBI).
  • Immigrants traveling inside the United States should carry their USCIS identity documents at all times. Immigration inspectors may ask immigrants for passports, and/or visa paperwork on airline flights between U.S. cities and inspectors are making use of little-noticed provisions in the law that require nonresidents to carry their green cards or visas and I-94 cards with them wherever they go.
  • The laws regarding treatment of immigrant terrorists have been amended. The new laws expand the definition of "terrorist" and give the U.S. Attorney General the right to immediately expel from the United States anyone with suspected terrorist links. It also includes mandatory detention of suspected terrorists.

Special Registration for Certain Visitors to the U.S.

Another of the U.S. government's many post-9/11 security measures has imposed extra monitoring on certain people coming to the United States on nonimmigrant (temporary) visas. If you're soon to arrive in the States, you probably won't know before you get here whether you'll be subject to this additional monitoring; the government is trying to keep its criteria secret.

If the border officer decides that you fall under the new registration rules, you will have to do all of the following:

  • Be fingerprinted, photographed, and interviewed about your plans for your stay upon entering the U.S.
  • Send written notification to the immigration authorities on Form AR-11SR (available at www.uscis.gov) if you change your address, your employer, or your school (this doesn't apply to people who stay in the U.S. for fewer than 30 days).
  • Leave the U.S. only through a designated port of departure (there are currently about 55 such designated ports).
  • Meet in person with an immigration officer at your port of departure on the day you leave.

You will be given a packet of information more fully explaining these requirements when you enter the United States.

Special Registration for Certain Men Already in the U.S.

Another of the U.S. government's security measures has imposed extra monitoring on certain men who are already in the United States on nonimmigrant visas. Most of the men affected are students and men on extended business or tourist visits. You needed to register at a local USCIS office under Phase II if you are a man who:

  • was born on or before December 2, 1986
  • is a citizen or national of one of the countries listed below
  • entered the United States on or before certain dates in 2002 (listed below) on a nonimmigrant (temporary) visa, and
  • planned to stay in the United States until at least your required registration date (see below).

If you fit this criteria and failed to register by the dates below, the USCIS has the power to deport you. If you find yourself in this position, consult an experienced immigration attorney.

Countries Affected. The following countries are 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
  • the United Arab Emirates, and
  • Yemen.

Registration Dates. Men from Iran, Iraq, Libya, Sudan, and Syria who arrived before September 10, 2002 were required to register by February 7, 2003.

Men from Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, the United Arab Emirates, and Yemen who arrived before October 1, 2002 were required to register by February 7, 2003.

Men from Pakistan and Saudi Arabia who arrived before October 1, 2002 were required to register by March 21, 2003.

Men from Bangladesh, Egypt, Indonesia, Jordan, and Kuwait who arrived before October 1, 2002 were required to register by April 25, 2003.

Exceptions. You weren't required to register if you were:

  • a diplomat or other person admitted on an A or G visa
  • a lawful permanent resident (green card holder) or other immigrant alien, such as an approved asylee or refugee, or
  • an asylum applicant who filed before November 22, 2002.

Changes to Student Visa Procedures

The most significant change to the student visa application process affects would-be students who are already in the United States on another type of visa. These students will need to obtain approval from U.S. Citizenship and Immigration Services (USCIS, formerly known as the INS) before starting school. Before, foreign students could submit applications for student status but begin school before receiving the USCIS's okay. Under the new rule, USCIS promises to issue its approvals (or denials) within approximately 30 days -- in return for which it requires applicants to wait for its decision before starting school.

Another major change for international students is the setup of the SEVIS system, a database into which the schools will enter information on students, which USCIS can then access via the Internet.

In theory, students should hardly notice this change, except that it puts them under pressure to inform their foreign student officers quickly of any changes in their address, student status, or other relevant information. In practice, the system has caused frustration, as information doesn't always get entered into the system accurately.

In addition, international students are being closely monitored. When a school issues an I-20 to a student, it will be required to notify the U.S. consulate in the student's home country. When that consulate approves the student's visa, it will be required to notify the USCIS. During the student's time at school, the school will have to keep the USCIS up to date on the student's status and whereabouts through a database called SEVIS.

To finance this database, international students now must pay $100 in addition to the usual visa fees. The information and documents that schools are required to make available to USCIS include each international student's:

  • name, date and place of birth, country of citizenship
  • current address
  • visa classification, date of visa issuance or classification granted
  • in-school status (full-time or part-time)
  • date when studies began
  • degree program and field of study
  • whether the student has been certified for practical training, and the dates of such certification
  • date that studies were terminated, and the reason, if known
  • written application for admission, transcripts or other course records, proof of financial responsibility, and other documents that the school evaluated in admitting the student
  • number of credits completed per semester
  • photocopy of Form I-20ID, and
  • record of any academic disciplinary actions due to criminal convictions.

Changes to Photo Requirements for Nonimmigrant Visas

The State Department has announced new requirements regarding the photos that must be submitted along with any application for a nonimmigrant (temporary) visa -- this includes student and tourist visas. The main difference is that the photos must be bigger -- two inches square, with your head measuring between 1 inch and 1 3/8 inches. In addition, the State Department emphasizes that they want to see the applicant's full head, including hair and, if possible, ears. Head coverings and hats are only acceptable when due to the person's religious beliefs, and even then may not cover any portion of the applicant's face.

Also, photocopies of photographs will not be accepted. Digitally reproduced photos must be of high qualify, with no visible pixels or dot patterns. The photo must be stapled or glued directly on to Form DS-156 in the designated space.

Changed Your Address? The Immigration Authorities Want to Know Right Away

In 2002, the Immigration and Naturalization Service (INS, now know as the USCIS) started to enforce little-known provisions of the immigration law that make it a crime for immigrants not to submit immediate notifications whenever they change their address. The potential punishments include fines, imprisonment, or deportation.

Here's how to protect yourself: First, figure out whether the law applies to you. It covers all foreign nationals who've been in the United States for more than 30 days, including those with:

  • nonimmigrant status (a temporary visa or permission to be in the United States, including a student visa, visitor visa, asylum or refugee status, and more), with the exception of those with an “A” or “G” visa
  • green cards (lawful permanent or conditional residence), and
  • no status (undocumented or illegal aliens).

The USCIS requires that you use Form AR-11, sending it to a special address set up to handle the mountain of forms it's receiving. And you can't just send one form per family -- every member of your household needs to have a separate form submitted for him or her. The form and the address to which it must be sent are on the USCIS website (in various languages) at http://uscis.gov/graphics/formsfee/forms/ar-11.htm.

Form AR-11 itself is fairly self-explanatory. If you don't have an A-number (a number the USCIS assigns to people who've applied for green cards or have been in removal proceedings), either ignore this question or supply your I-94 number. The question about your “last address” refers only to your last address in the United States, not overseas. The address you supply should be where you actually live, not a P.O. Box or work address. There is no fee for filing Form AR-11.

If you have any applications on file that are waiting for a USCIS decision -- for example, you’ve applied for a work permit -- you need to file the change of address form at whichever USCIS office is handling your application.

The time window for filing your change of address is only ten days from the date of your move. What if more than ten days have already passed and you’ve only just discovered your responsibility? Most attorneys advise that you fill out the form now, to show the USCIS you made an attempt to comply and to assure that it has your current address.

Be sure to make a photocopy of your Form AR-11 and any notifications you send to other USCIS offices. Then mail everything by certified mail with a return receipt. The return receipt is particularly important because the USCIS won't send you any separate acknowledgment that it has received your form.

Full Middle Name Now Required in All Immigration Forms

For security reasons, U.S. Citizenship and Immigration Services (USCIS, formerly known as the INS) now asks everyone submitting applications to write in their full middle name -- not just their middle initial. USCIS would like you to do this even if the form you're filling out only asks for your middle initial. If you forget, your application won't be denied, but you will get a letter asking for your full middle name, which is guaranteed to slow down the USCIS's final decision on your application.

Young Men Applying for Tourist or Student Visas Must File Extra Form

Responding to concerns about the involvement of young men in terrorist acts in the United States, the State Department in 2002 instituted stricter visa requirements for males. All 16- to 45-year-old male applicants for "nonimmigrant" (temporary) visas now have to submit Form DS-157 in addition to the usual application materials. This will affect mainly those applying for student and tourist visas. To get a copy of the new form, go to the State Department's website at www.state.gov. Click on "Visas," then click "Visa Application Forms" and look for Form DS-157.

This new form will be mandatory for young men from all countries in the world, not just for men from countries suspected of terrorist links. However, men from Middle Eastern countries are facing longer waits for visas than other applicants.

Check Your Immigration Application's Progress Online

You can now check the status of your application online, at https://egov.immigration.gov/cris/jsps/index.jsp. Be forewarned, however -- unless your computer has a fairly new browser, you will not be able to access this service.

Once you've accessed the appropriate Web page, you will need the application receipt number from your USCIS receipt notice. If the USCIS has failed to send you a receipt notice, you are unfortunately stuck with using the old phone system.

Revised Forms Required for Many Immigration Applications

U.S. Citizenship and Immigration Services (USCIS, formerly called the INS) and the U.S. State Department regularly revise the forms used for immigration applications. The new versions of some of these forms must be used instead of the old versions, even if the changes to the form are minor. In some cases, the agency will accept an earlier version of the form for a while. If you do use an earlier version for some reason, be careful when following the instructions -- in particular, the fees stated on the form are likely to have gone up. In addition, there are some new forms:

  • Form DS-158, Contact Information and Work History for Nonimmigrant Visa Applicant. This form is now required of all applicants for F, M, or J student visas. It collects family and employment information.
  • Form DS-157, Supplemental Nonimmigrant Visa Application. This form is now required of all male applicants for nonimmigrant visas who are between the ages of 16 and 45, regardless of which country they are from. It is designed to bring out information regarding potential terrorist tendencies.

And there's one form you no longer need to send yourself: Form I-538, the certification by your designated school official (DSO) that must accompany applications requesting a school transfer, reinstatement of status, or various work permits.

The new SEVIS computer system allows your DSO, in most cases, to transmit his or her certification directly to USCIS, without using the Form I-538. Your school may nevertheless ask you to fill out your portion of the form, for its files.

Copies of new USCIS forms (indicated by the initial letter "I") can be obtained from your local USCIS office or by calling USCIS at 800-870-3676. You can also access the latest USCIS forms online at www.uscis.gov (click on "Immigration Forms, Fees and Fingerprints," then on "Forms and Fees," and scroll down until you find the appropriate form).

Copies of new State Department forms (indicated by the initial letters "DS") can be obtained from your local consulate.

Visa Waiver Entrants Will Need Passports Containing Biometric Information

If you're planning to visit the United States using a visa waiver rather than an actual visa, you may need to get a new passport first. Starting October 26, 2005, all visa waiver entrants must present passports containing a digital photograph.

By the following year, October 26, 2006, they'll need to have passports containing other biometric information (probably fingerprints), to be announced later.

Unfortunately, not all countries whose citizens are eligible for the Visa Waiver Program have the technology to provide this type of passport. If your country doesn't create such passports by the deadline, you'll have to contact your local U.S. embassy and apply for a tourist visa.

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