2002 Press Releases

New INS rules do not affect visa issuance at U.S. embassies and consulates

April 16, 2002

The U.S. Immigration and Naturalization Service (INS) has issued new regulations governing the proper use of certain visas in the U.S. These new INS rules do not affect visa issuance at U.S. embassies. Rules governing the issuance of visas, including tourist, business and student visas at U.S. Embassies have not changed. The new INS regulations only concern the proper use of visas after the traveler arrives in the U.S.

Tourist/Business (B) Visas:

Under the proposal, "B" (tourist or business) visa holders will no longer automatically receive a six-month admission period when they arrive in the US. Instead, each traveler will be granted a length-of-stay in the U.S. appropriate to the needs of their travel. When the time needed to accomplish the purpose of the visit cannot be determined, INS will grant a 30-day period of admission. This proposed rule will be published in the U.S. Federal Register for a comment period of 30 days, after which the regulation will be finalized.

Student (F, J or M) Visas:

Students wishing to study in the United States should have a student visa ("F," "J" or "M" visa) prior to traveling to the U.S. If a person travels to the United States on a different visa and wishes to change status and begin a course of study as a student, he or she will be prohibited from beginning that course of study prior to receiving INS approval to change status. A change of status request will only be considered if the intending student made his/her intentions clear to the INS officer upon entry to the U.S. and that intention was noted on the intending student's entry form by the INS officer. Further, there is no guarantee that a change of status request will be approved. This interim rule takes effect immediately once the rule has been published in the U.S. Federal Register.

Extensions of Authorized Stay:

If anyone wishes to extend the period of authorized stay in the U.S., they must file a request for extension with the INS in the U.S. Requests for extensions will be granted only for unexpected or compelling humanitarian reasons.