Tightened admission controls in the US

...Using the example of Dulles International Airport in Washington D.C.

Since we believe that this information is very important for you, we have decided to make our news section rather more extensive this time. We believe this will be in your interest.

As a consequence of September 11, admission controls have been significantly tightened for ALL citizens at several US airports. We will only tell about Dulles Int. Airport here, but it is very likely that more airports have already introduced or will soon introduce similar
measures.

To answer a question we have received from several customers, US immigration law itself has not been changed for the worse. On the contrary, as we have already reported in some of our newsletters, some visa processes have even been simplified and speeded up. Please note that this information is only an excerpt. It cannot replace detailed preparation with the help of expert advice.

B1/B2 Visitor Visa

In case you are holding a B1/B2 visitor visa that allows for multiple entry, you will have to be prepared for stricter controls in the future in case you are in the US frequently for extended periods of time. Especially if you want to stay in the country for up to six months. If you re-enter the country shortly afterwards you have to expect tighter controls to find out about your real place of residence. Unfortunately, the risk is higher then that you will be denied admission (often rightly so), because you have made the US your (unofficial) place of residence. So holders of those visas can no longer rely on smooth admission, if they have already spent a significant amount of time in the US in the past.

In this context it is important to understand that even though the law allows for a 6-month stay, it does not mean you have to stay for 6 months. That already was the case before September 11, but now the controls are even more likely.

(ATTENTION: As we have mentioned before, US immigration is even considering to reduce the maximum period from 180 to 30 days! This might make it even more difficult for people with this visa to stay in the US for a longer period of time.)

H-1 and other visa holders

We recommend to H-1B and other non-immigrant visa holders to carefully observe the validity date on the I-94, which you will get at your arrival airport. The I-94 is a small card that you have to fill out on the plane before landing. On this card, the US immigration officer will note how long you may stay in the US. Sometimes the I-94 will be fixed on the right side of the H-1B approval letter (notice of action - I-797). In case the visa holder has a document like this (allowing for an extension), he has to hand in the last I-797 form to the INS inspector at the airport so that he can issue a new I-94. In case there is no new I-797, you only the granted period on your visa.

Sometimes they will use the issuing date of the visa at the arrival airport instead of the date on the I-797. This can simply be a mistake, or the H-1B holder hasn't handed in the last notice. In the past, the officers often were willing to correct mistakes made by INS inspectors. However, according to the director of Washington Dulles Airport this is no longer possible, not even if the visa holder has handed in his last I-94. The reason, they say, is that the officials know which date is the correct one. The fact that the visa date was used just showed that the visa holder had not handed in his last I-797 issued by the INS.

Since frequently it cannot be proved which documents have actually been submitted, the applicant will usually lose the argument here. So it is vitally important to compare whether the I-94 and the I-797 have the SAME date on them. If not, contact the INS inspector immediately. Otherwise you run the risk of losing your status earlier than planned. In case the mistake is not found and corrected, you may get an entry ban of 3 to 10 years. Current INS practice and an internal memo H-1 holders whose extension application has not yet been decided upon may be admitted into the country due to the pending application.

Length of stay depends on the last validity of the H-1 plus 10 days. In case the extension application is being decided upon while the applicant is out of the country, the status has to be checked in the CLAIMS database of INS upon re-entry since January of 2001 .Entry is to be admitted on the basis of the last issued H-1B Visa. However, the director of Dulles has admitted that they don't have the necessary number of computers connected with the database, so that the procedure can't always be conducted. This could be a problem for H-1B holders.

In case it is unavoidable to travel before the extension application has been decided upon, you should make the necessary preparations so that the letter can be sent to the applicant's employer or lawyer. Otherwise, admission will only be granted for the period left on the last visa.

Immigrants - green card holders

It should be interesting to know for some of our customers that green card holders who at first only have a stamp in their passports but not the actual green card (this will be mailed to them approximately half a year after initial entry), will automatically have to be checked again. Unfortunately you have to be prepared for longer waiting times at the border. It may be that the INS inspectors are to have a little more time in the future to decide whether it is a fake or an original. But don't worry, this will only be the case during the transition period, so no longer than half a year, until you receive your actual green card.

However, there are some good news at least: Holders of the plastic green card may line up with the US citizens in Washington Dulles and the John F. Kennedy airports in Virginia and New York. This probably already applies to a lot of other airports as well.