The Immigration and Naturalization Service has announced changes pertaining to B-1/B-2 visitors and F-1 and M-1 students.
· The first change prevents a B-1/B-2 visitor from enrolling in school and commencing studies without first having received F-1 or M-1 student status approval from the INS.
This interim regulation became effective upon publication on April 12. Previously, an individual could begin courses upon issuance of an I-20 from the designated student officer and filing of the change of status application.
· Second, a proposed rule curbs the length of time a B-1/B-2 visitor may be granted by an INS official at a port of entry to "a period of time that is fair and reasonable for the completion of the purpose of the visit" with a maximum of six months.
Furthermore, if the visitor can not adequately and unambiguously demonstrate a specific length of time needed, the INS will grant a 30-day period of admission. Currently, a B-2 visitor is granted a minimum of a six-month period of admission at a port of entry and may be granted up to one year.
The proposed rule allows for filing of extensions of stay, as before, but will be granted under limited circumstances, such as unexpected events out of the visitor's control, or compelling humanitarian reasons, such as a medical emergency.
In addition, the rule prohibits a B-1/B-2 visitor from changing status to that of an F-1 or M-1 student in the United States unless the B-1/B-2 visitor specifically expressed his intention to do so at the port of entry and has the appropriate notation "prospective student" on the I-94 card.
A change of status will be denied if such notation does not appear on the I-94 card.
While this proposed rule will not be officially enacted until a 30-day "notice and comment" period has elapsed, the Immigration Service has the absolute discretion to deny change of status petitions and limit periods of B-1/B-2 stay.
It is highly likely therefore, that this rule will impact all decisions made in these areas.
