US VISA REGULATIONS
By
Allen E. Kaye
Following is an article by Robert D. Blackwell, U.S. Ambassador
to India which, I thought our viewers would find interesting:
Close ties bind India and the United States. There are about
two million people of Indian origin in America. They are US
citizens, participants in American commerce, students at university
or visitors. It is because of this constant interchange that
there has been keen interest in the proposed new visa regulations
by the US Immigration and Naturalization Service (INS).
Despite much coverage in the media, some misconceptions
about the INS proposals exist. I hope I can put many people's
minds at ease: the vast majority of visitors from India to
the United States will experience no disruption to their travel
because of the proposed new regulations. Let me tell you why:
First, there will be no changes in the way visas are issued
by the US Embassy and Consulates in India. Visa applicants
will still use our appointment system and courier pass-back
services to receive their visas before traveling to the United
States. And the long lines for visas are a thing of the past.
Second, the proposals will not reduce the number of visas
granted to Indians. Some two thirds of all applicants from
India are granted visas -- over 300,000 last year -- and travel
between the United States and India seems certain to grow
further in coming years. Americans certainly welcome this
trend.
Third, immigrant visas, the permanent Green Card work permit
and the temporary H1B visa work permit will not be affected.
Two changes to INS visa regulations may affect Indians seeking
US visas. One change has already occurred, and approval of
the other is pending. The INS has implemented a procedure
that will limit student visa adjustments within the US, but
will not affect legitimate student visa applicants applying
abroad. In the past, foreign students could visit the US on
a tourist visa and, while in the United States, could apply
to change from a tourist (B-2) to a student visa (F-1). This
is no longer allowed. Indians wishing to study in America
should have their student visas issued in their country of
residence before they go to the United States. This will not
affect a person's ability to study at his or her chosen university.
In its continuing effort to enhance national security and
strengthen immigration controls in the United States, the
INS has proposed modifying the current admission period for
B-1/B-2 non-immigrant visitors. In the past, the INS allowed
most visitors a six-month stay in the US, regardless of the
time they required. Now, the INS proposes to base the admission
period on the amount of time the visitor requests in order
to accomplish the purpose of his or her trip. This modification
has been wrongly described as allowing visitors "only" a thirty-day
visit to the US. That is not accurate.
If this change of rule is accepted, the INS inspector at
the port of entry in the United States would ask all visitors
how much time they require to complete their visit. If a visitor
does not request more than thirty days in the US, then he
or she would generally be granted a stay of 30 days. If the
visitor needs more than thirty days, the longer period would
normally be approved.
In addition to these two INS regulations, the Senate has
approved legislation (still to be passed by the House of Representatives
and signed into law by the President) that would require universities
to notify the INS of individuals who have entered the country
claiming to be students but who, in fact, have not pursued
their course of study. This legislation would not affect genuine
students, but should help the INS find those who would use
the liberal US visa system to enter America for illegal purposes.
I believe these changes strike the appropriate balance between
INS's mission to stop illegal immigration, and our desire
to welcome legitimate visitors to the United States. Indians
and Americans of Indian origin play an increasingly important
part in American life. President Bush welcomes this. So do
I.
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