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14-Mar-2002 06:31 AM |
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Eric |
On March 7, 2002, the Department of State made an announcement that should come as no surprise to those who have been following their recent actions. Beginning April 1, 2002, certain foreign nationals will become ineligible for the benefits previously conferred to non-immigrants under 22 CFR 41.112(d) and ALL foreign nationals will lose a legal mechanism that has been a "safety net" for those applying for visas at U.S. consulates in Canada and Mexico.
The primary benefit of this section was the ability to re-enter the U.S. following a short trip into Canada or Mexico if the following requirements were met: He/she did not require authorization for admission under INA 212(d)(3)); He/she had stayed abroad in contiguous territory for 30 days or less; He/she was attempting to make the re-entry within the authorized period of initial admission or extension of stay; He/she was in possession of an I-94 card reflecting their unexpired period of admission or extension of stay, or was a student in possession of a current Form I-20 or Form IAP-66; He/she had a valid passport; and... He/she had maintained and intends to maintain non-immigrant status while in the U.S. However, one of the two effects of the post-September 11th amendment to this section which will take effect on April 1st is that the additional requirement will be added that: He/she has not applied for a visa while abroad. The Department of State provides as its reasoning for this measure the need for enhanced security measures and screening of visa applicants. The second effect of the amendment is the exclusion of foreign nationals from countries identified as state sponsors of terrorism from the benefits of this section altogether. Under this rule, after April 1st, 2002, foreign nationals from Iraq, Iran, Syria, Libya, Sudan, North Korea, and Cuba cannot use this section of the law as a basis to re-enter the U.S. (Previously foreign nationals from Iraq were the only persons prevented from taking advantage of this section.) The repercussions of this move stand to be significant for these foreign nationals AND any foreign national who had hoped to enjoy the "safety net" of consular processing in Canada or Mexico based on this section prior to amendment. They now must face the elimination of this widely-used benefit. As to whether to hope for its return, the State Department's interim rule on the amendments states the following: "We hope that the time will come when circumstances will permit the restoration of this privilege to all bona fide non-immigrants but we do not anticipate that time being in the near future." |
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