Flyingoverseas 版 (精华区)
发信人: Sam (三木), 信区: Flyingoverseas
标 题: about visarules
发信站: 哈工大紫丁香 (2002年04月16日06:09:16 星期二), 站内信件
A. INS Changes on Student Policy and Visa Revalidation
INS has recently announced several changes that will have a substantial
impact on F-1 students and those applying for a change of status to
H-1B.
Effective April 12, students will no longer be able to begin a program
of study at an institution when they initially apply for a change to
student status. Rather, they will not be allowed to start school until
INS has actually approved an application to change status. Even though
there is a 30-day target for the service centers to adjudicate such
applications for a change of status, it is far from certain that the
INS
will actually adjudicate within this period.
In addition, students will not be able to change status from B-2 to F-1
unless they have previously indicated an intent to study in the United
States when they applied for the visitor's visa, or at least indicated
an intent that they wished to study and were visiting the United States
to look at prospective schools. The regulation provides that, unless
the INS border official notes "prospective student" on the I-94 form,
the INS will in all likelihood deny the change of status petition.
Given these circumstances, it is advisable that students obtain their
F-1 student visas before they enter the United States for study.
In another significant change, the INS has announced that there will no
longer be automatic revalidation except under certain circumstances for
individuals going to Canada or Mexico and returning within 30 days
using
their I-94 entry and departure records and I-797 approval notices from
the INS indicating an approval for a change of status. As of April 1,
2002, the State Department has announced that nationals from countries
that have been identified as "state sponsors of terrorism" (Iraq, Iran,
Syria, Libya, Sudan, North Korea, and Cuba) may not utilize automatic
revalidation at all. Therefore, all nationals from these countries
must
have a visa stamped in their passport to return to the United States
after a visit abroad.
Most significantly, the new provision will also apply to those foreign
nationals who go abroad to Canada or Mexico to apply for a new visa in
their passport based on a change of status petition granted by the INS.
In the past, if for some reason these individuals could not obtain the
visa while abroad in Canada or Mexico, they could still reenter the
United States within the 30 day period utilizing their I-94 entry and
departure record and accompanying approval notices from the INS for the
change of status. Now, however, if for some reason the visa is not
granted in Canada or Mexico, these individuals will not be able to
return to the United States. Rather, they will have to return to their
home countries and apply for the new visa in order to reenter the
United
States. As is evident, this new regulation could have a significant
impact on the number of foreign nationals willing to travel to Canada
or
Mexico for third-country national processing.
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remember the time...
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