GUEST ARTICLE – SPECIAL ALERTS ON POST-SEPTEMBER 11 DANGERS

Our colleague Bruce A. Hake, a well-known Maryland immigration lawyer, has recently created a web page (http://www.hake.com/pc/index.htm) giving special alerts on various, serious post-September 11th dangers for aliens under U.S. immigration law. He has let us reproduce the text of the page below, reflecting updates through September 12, 2002. Most readers of this bulletin will wish to study these cautions carefully.

SPECIAL ALERTS ON POST-SEPTEMBER 11 DANGERS–by Bruce A. Hake, P.C.

In the wake of the September 11, 2001 terrorist attacks on the United States, the U.S. Government has added many new restrictions on foreigners in the United States, especially on people from countries believed to be state sponsors of terrorism. This Internet page collects selected news items and practical suggestions that may be important for many of my clients.

1. Form AR-11 Change of Address Notices. For 50 years, ever since the Immigration and Nationality Act was enacted in 1952, most foreigners in the United States, including those who have been granted U.S. lawful permanent resident status, have been required to notify the Immigration and Naturalization Service (INS) in writing on Form AR-11 within 10 days of any change of residence. The law has always authorized serious penalties for a failure to comply, including deportation and criminal penalties. In practice, however, the law was almost never enforced or publicized, and until recently even many immigration lawyers were not aware of the requirement. In the wake of September 11th, however, the INS has been aggressively enforcing this law, including an attempt in North Carolina to deport a Palestinian father of four, who had entered the United States lawfully as a refugee and is a U.S. lawful permanent resident (green card holder), after local police officers in Raleigh stopped him for driving four miles over the posted speed limit and reported him to the INS, which claimed that he had failed to file an AR-11 after a change of residence. Noncitizens in the United States must now regard this requirement with deadly seriousness, even if they have been law-abiding green card holders with American families for many years.What should I do? Within 10 days of any change of residence, all noncitizens in the United States (except for diplomats and diplomatic workers on A or G visas) should mail the simple, one-page Form AR-11 to the INS address in Washington specified on the form. The form may be downloaded from the INS web site . It is recommended that the form be filed by certified mail, without filling out a return receipt. This will enable you to prove that you mailed the form. You should keep the original certified mail receipt and postal receipt showing payment of the postage plus a photocopy of the AR-11 itself. Please do not send copies of these documents to Bruce A. Hake, P.C. unless requested to do so.

   What should I do if I neglected to file an AR-11 with regard to one or more previous changes of address? There is no clear guidance from the INS. In this situation it is recommended that an AR-11 be filed, as suggested in the previous paragraph, with regard to the most recent change of address only.

   What about contacting other INS offices where an application of mine is pending? In addition, the INS generally recommends that you should send a change of address notice by letter to every INS office where an application or petition of yours is pending. Your lawyer can tell you how to give a case number to reference each specific application or petition and which address to use for the particular INS office. Please do not send copies of such letters to Bruce A. Hake, P.C. unless requested to do so, but be sure to keep copies for yourself. Be aware that it is unlikely that the INS will actually match the address change notice with your case file, and you will almost certainly receive no acknowledgement from the INS regarding your letter.Is the AR-11 used only for address changes? No. The INS has announced that persons who are subject to the new “Special Registration” requirements must also file an AR-11 within 10 days of any change of employment or change of school. At present it appears that persons who are not subject to the Special Registration requirements do not need to worry about this.

2. Special Registration. Effective September 11, 2002, certain nonimmigrant foreigners in the United States will be required to comply with extensive new registration requirements, including fingerprinting, periodic interviews at INS offices, special rules regarding departures from the United States, special rules regarding filing of Form AR-11 to report changes of address, school, or employment, among other things. At present, effective September 11, 2002, these requirements will apply to all persons entering the United States who are citizens of Iran, Iraq, Libya, Sudan, and Syria plus other persons designated by U.S. State Department officials overseas or by INS officers at airports and other ports of entry.Information about these new requirements is available on the INS web site: General Information and How To Comply.

   What if I am from one of those countries, such as Syria, but I am already lawfully residing in the United States? Currently such persons are not subject to Special Registration. However, they will become subject to these requirements if they leave the United States for any reason and attempt to return.

3. Lengthy Security Checks. In the wake of September 11th, many INS offices have slowed down due to various kinds of new security checks. In addition, at least three different lists of countries have been announced, subjecting citizens of such countries to special enhanced security procedures.The List of 26. In November 2001 the U.S. State Department announced that all men between the ages of 16 and 45 from 26 mainly Muslim countries will be subject to a special waiting period on nonimmigrant visa applications. Such persons are required to complete a detailed questionnaire on their backgrounds, including information about any military service, weapons training, and previous travels. One of my clients, a dual citizen of both the United Kingdom and Pakistan and a distinguished medical scientist, had to wait for months before he was able to get a routine visa from the U.S. Embassy in London to return to his family and employment in the United States. This list includes these countries: Afghanistan, Algeria, Bahrain, Bangladesh, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudia Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen. This list has never been officially published by the U.S. State Department, so there is some uncertainty about the countries included. Turkey has appeared and Bangladesh has not appeared on some versions of the list, and other countries may be added or dropped from time to time.

   Enhanced Border Security List. The Enhanced Border Security and Visa Entry Reform Act of 2002 (H.R. 3525), signed by the President on May 14, 2002, bars the issuance of nonimmigrant visas to nationals of seven countries, unless it is determined that the person does not pose a security threat. This list includes these countries: Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria.
   Alien Registration List. As discussed above, the new Special Registration requirements apply to persons from Iran, Iraq, Libya, Sudan, and Syria, plus any other country as determined on a case-by-case basis by the U.S. State Department or INS.

   The “Axis of Evil.” So far there have been no additional requirements imposed on citizens of the so-called Axis of Evil (North Korea, Iran and Iraq), but stay tuned.

4. Three- and Ten-Year Bars on Reentry for J-1 Exchange Visitors. This is a brief summary of an issue that may become important for many of my clients. In 1996 the U.S. Congress passed legislation that bars many nonimmigrants from reentering the United States for long periods of time if they accrue extended periods of “unlawful presence.” “Unlawful presence” is a technical term that mainly applies to nonimmigrants who overstay their authorized periods of admission or who work without employment authorization. In the most common situation, the “unlawful presence clock” starts to run when the current visa status expires. If the person accrues 180 days of unlawful presence, he becomes subject to a 3-year bar on reentry. If the period of unlawful presence stretches to an entire year, the person becomes subject to a 10-year bar on reentry.In 1997 and 1998 the U.S. State Department and the INS issued policy guidelines that exempt from the accrual of unlawful presence J-1 exchange visitors who were admitted for “duration of status” (I-94 card marked “D/S” instead of giving a fixed date for the termination of authorized stay). According to this policy, the unlawful presence clock would start to run for persons who had overstayed J-1 visa status only upon issuance of a written determination by the INS or certain other officials that the person was out of status. In practice such written determinations were extremely rare. Thus, in practice J-1 exchange visitors have not needed to worry about the 3- and 10-year bars.

   In 2002 it has begun to be rumored that the INS will soon release regulations that will remove this exemption. Indeed, it is possible that the change may be made retroactive. Therefore, it is possible that some people who have had to overstay their J-1 visa status and go out of status for extended periods (for instance, due to long INS delays in adjudicating a J-1 waiver application) may suddenly find themselves subject to a 3- or 10-year bar on reentry the next time they leave the United States. It is unknown when such regulations will be issued and exactly what they will say. At a minimum, this possible development makes it much more dangerous for J-1 exchange visitors to stay more than 30 days beyond the last date on their last IAP-66 form (now called State Department Form DS-2019).

5. Local Police Enforcment of Immigration Laws. Be aware that the U.S. Justice Department under Attorney General John Ashcroft has attempted to reverse years of law that prohibited local police officers from enforcing federal immigration laws. During the War on Terrorism, initiatives have started to permit and encourage local police departments to conduct immigration investigations. Many or most local police departments will not make this a priority, or will even actively resist. But others will not. Therefore, foreigners in the United States now must be much more careful about complying at all times with all details of U.S. law.In particular, foreigners in the United States should carry on their person at all times their original Form I-94 card and other documents proving their current, lawful status. Photocopies of all such papers, of course, should be maintained separately in a secure place. Because the times are so serious, and the potential risks are so high, it may be prudent to err on the side of caution and carry copies of all immigration papers when traveling by vehicle.
6. New Tracking And Security Check Features For J-1 Exchange Visitors. It appears that the U.S. Government has started serious tracking and security checking for all J-1 exchange visitors, and other student visa categories. It is going to take much longer for many people to obtain original or replacement J-1 visas, causing many students to be “stuck” overseas and unable to attend the first classes of a semester or other training program. In addition, there is going to be aggressive monitoring of whether J-1 exchange visitors are maintaining status by staying in school or otherwise doing what they are supposed to be doing in J-1 status. All J-1 exchange visitors should monitor these developments closely. Much valuable information about these developments is contained in the following cable, which was issued by the U.S. State Department on September 11, 2002. It is hard to read, but the effort is worthwhile.P 110239Z SEP 02
   FM SECSTATE WASHDC
   TO ALL DIPLOMATIC AND CONSULAR POSTS PRIORITY
   SPECIAL EMBASSY PROGRAM PRIORITY
   AMEMBASSY DUSHANBE PRIORITY
   AMEMBASSY KABUL PRIORITY
   AMEMBASSY KHARTOUM PRIORITY
   UNCLAS STATE 174234VISAS, FOR CONSULS, ALSO FOR PAO’S

   E.O. 12958: N/A
   TAGS: CVIS, CMGT, KPAO
   SUBJECT: THE INTERIM STUDENT AND EXCHANGE AUTHENTICATION SYSTEM
   REF: A) STATE 113328, B) STATE 163094

   1. SUMMARY. ON SEPTEMBER 11, 2002, THE STATE DEPARTMENT WILL INTRODUCE THE INTERIM STUDENT AND EXCHANGE AUTHENTICATION SYSTEM (ISEAS), WHICH WILL MONITOR THE VISA ADJUDICATION PROCESS OF FOREIGN STUDENTS AND EXCHANGE VISITORS WHO ENTER THE UNITED STATES IN F, J, OR M NONIMMIGRANT VISA CATEGORIES. THE CONTRACTOR CREATING ISEAS ADVISES THAT THE SYSTEM WILL BE OPERATIONAL ON SEPTEMBER 11 AND AVAILABLE TO PARTICIPATING ACADEMIC INSTITUTIONS AND EXCHANGE PROGRAM SPONSORS. HOWEVER, DUE TO THE VERY SHORT DEVELOPMENT PERIOD MANDATED BY THE LEGISLATION ISEAS CANNOT BE DEPLOYED BEFORE THAT DATE, AND PARTICIPATING ACADEMIC INSTITUTIONS AND PROGRAM SPONSORS WILL BE UNABLE TO ENTER THE REQUIRED DATA INTO THE SYSTEM BEFORE THE STATUTORILY MANDATED DATE. THEREFORE, FULL ISEAS DEPLOYMENT ON SEPTEMBER 11 COULD RESULT IN AN INTERRUPTION IN THE PROCESSING OF F, J AND M VISAS UNTIL PARTICIPATING ACADEMIC INSTITUTIONS AND PROGRAM SPONSORS HAVE AN OPPORTUNITY TO ENTER THE MANDATED DATA INTO ISEAS. BECAUSE NO STUDENT OR EXCHANGE VISITOR VISA CAN BE ISSUED ON OR AFTER SEPTEMBER 11 UNLESS THE DEPARTMENT RECEIVES “ELECTRONIC EVIDENCE OF DOCUMENTATION OF THE ALIEN’S ACCEPTANCE,” DEPARTMENT IS DEVISING BACK-UP PROCEDURES TO ENSURE THAT CONSULAR OFFICERS RECEIVE TIMELY ELECTRONIC VERIFICATION OF ENROLLMENT FROM THE SPONSORING EDUCATIONAL INSTITUTIONS DURING THE FIRST 30 DAYS THAT ISEAS WILL BE OPERATIONAL, WHILE MINIMIZING THE IMPACT OF ISEAS IMPLEMENTATION ON THE ISSUANCE OF STUDENT AND EXCHANGE VISITOR VISAS. SEE PARA. 14.
   2. SECTION 501[C] OF THE ENHANCED BORDER SECURITY AND VISA ENTRY REFORM ACT OF 2002 REQUIRES THAT THE DEPARTMENT ESTABLISH A TRANSITIONAL STUDENT AND EXCHANGE VISITOR TRACKING PROGRAM 120 DAYS AFTER ENACTMENT (SEPTEMBER 11, 2002), WHICH WILL REMAIN IN OPERATION UNTIL INS’ STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM (SEVIS) IS FULLY OPERATIONAL. CA/EX/CSD CONTRACTORS ARE NEARING COMPLETION OF THE ISEAS WEB PAGE, WWW.ISEAS.STATE.GOV, ONTO WHICH APPROVED INSTITUTIONS AND EXCHANGE VISITOR PROGRAMS CAN ENTER STUDENT OR EXCHANGE VISITOR ACCEPTANCE DOCUMENTATION FOR TRANSMISSION TO THE DEPARTMENT. ADJUDICATING CONSULAR OFFICERS OR CONSULAR STAFF WILL CONFIRM THE PROVENANCE OF FORMS I-20 A/B, I-20 M/N, IAP-66 AND DS-2019 BY CHECKING ISEAS (PER REFTEL B, FORM DS-2019 FULLY REPLACED FORM IAP- 66 ON SEPTEMBER 1, 2002). DEPARTMENT WILL PROVIDE MORE SPECIFIC GUIDANCE ON THIS PROCESS VISA IN SEPTEL. END SUMMARY.
      ———- BACKGROUND ———-
   3. ON MAY 14, 2002, THE PRESIDENT SIGNED INTO LAW THE “ENHANCED BORDER SECURITY AND VISA ENTRY REFORM ACT OF 2002” (BORDER SECURITY ACT), PUB. L. 107-173. SECTION 501[C] OF THE BORDER SECURITY ACT REQUIRES THAT A TRANSITIONAL STUDENT AND EXCHANGE VISITOR TRACKING PROGRAM INVOLVING ELECTRONIC DATA SHARING BETWEEN SCHOOLS AND SPONSORS, THE DEPARTMENT AND THE INS BE IN PLACE NOT LATER THAN 120 DAYS AFTER ENACTMENT OF THE ACT. FURTHER, THAT IT REMAIN IN PLACE UNTIL SEVIS IS FULLY IMPLEMENTED AND PARTICIPATION BY THE ACADEMIC AND EXCHANGE COMMUNITIES IS MANDATORY – A DATE ESTABLISHED BY THE INS AS JANUARY 30, 2003. ACCORDING TO SECTION 501[C], AN “APPROVED INSTITUTION OF HIGHER EDUCATION OR OTHER APPROVED EDUCATIONAL INSTITUTION” MUST PROVIDE STATE WITH ELECTRONIC EVIDENCE OF THE ALIEN’S ACCEPTANCE AT THAT INSTITUTION BEFORE AN F, J OR M VISA CAN BE ISSUED. UPON ISSUANCE OF THE VISA, STATE MUST TRANSMIT NOTIFICATION OF ISSUANCE TO INS.
   4. THE DEPARTMENT HAS DEVELOPED ISEAS IN ORDER TO FULFILL THIS MANDATE TO ESTABLISH AN INTERIM SYSTEM FOR THE ELECTRONIC MONITORING OF THE FOREIGN STUDENT AND EXCHANGE VISITOR VISA ISSUANCE PROCESS UNTIL SEVIS IS OPERATIONAL. ISEAS WILL BE THE MEANS BY WHICH THE DEPARTMENT, APPROVED EDUCATIONAL INSTITUTIONS AND EXCHANGE PROGRAM SPONSORS MEET THE LEGISLATIVE REQUIREMENTS OF 501[C]. ISEAS WILL BE OPERATIONAL ON SEPTEMBER 11, 2002; THE DEPARTMENT WILL PROVIDE MORE SPECIFIC GUIDANCE ON THIS PROCESS SEPTEL. THAT PORTION OF THE SECTION 501[C] MANDATE THAT REQUIRES THE DEPARTMENT TO INFORM INS OF F, M OR J VISA ISSUANCE WILL BE ACCOMPLISHED USING THE EXISTING DATASHARE LINK.
   5. ISEAS IS BEING ESTABLISHED AS AN INTERIM SYSTEM, WITH THE LIMITED SUPPORT AND CAPACITY IMPLIED BY THE TERM. THEREFORE, IT IS LIKELY THAT ISEAS WILL STAND ALONE FOR ITS ENTIRE LIFETIME, AND WILL NOT BE ABLE TO SHARE ANY DATA WITH SEVIS. AS THE DATE FOR MANDATORY SEVIS COMPLIANCE GROWS NEAR, AND MORE AND MORE EDUCATIONAL INSTITUTIONS AND DESIGNATED PROGRAM SPONSORS BECOME SEVIS COMPLIANT, WE WILL FIND OURSELVES IN A SITUATION WHERE DESIGNATED OFFICIALS WILL HAVE TO REPORT FORM I-20/IAP-66/DS-2019 ISSUANCES INTO TWO SEPARATE DATABASES, (ISEAS AND SEVIS) AND CONSULAR OFFICERS WILL HAVE TO CHECK BOTH DATA BASES TO CONFIRM THE PROVENANCE OF THOSE DOCUMENTS, UNTIL ISEAS SUNSETS ON JANUARY 30, 2003.
   6. BECAUSE THE ACT WAS PASSED AND SIGNED IN MAY 2002, RATHER THAN DECEMBER 2001 AS ANTICIPATED BY ITS DRAFTERS, “120 DAYS AFTER PASSAGE OF THE ACT” IS SEPTEMBER 11, 2002. AS THE INS LAUNCHED SEVIS AS A VOLUNTARY SYSTEM ON JULY 1, 2002, WHAT WAS INTENDED TO BE STRICTLY A TRANSITIONAL PROGRAM HAS BECOME IN PRACTICAL TERMS A PARALLEL REQUIREMENT ON THE ACADEMIC AND EXCHANGE COMMUNITIES, THE DEPARTMENT, AND INS.
   7. NOTE: WITH RESPECT TO J VISAS, WHILE SECTION 501[C] OF THE ACT LIMITS ITS PROVISION TO EXCHANGE VISITORS SEEKING TO ATTEND APPROVED INSTITUTIONS OF HIGHER EDUCATION, THE DEPARTMENT HAS DETERMINED THAT ALL EXCHANGE VISITOR VISA APPLICATIONS SHOULD BE SUBJECT TO ISEAS VERIFICATION. THE DEPARTMENT BASED THIS DETERMINATION ON ITS DESIRE TO MAKE ISEAS REQUIREMENTS IDENTICAL TO SEVIS REQUIREMENTS REGARDING THE PARTICIPATION OF ALL EXCHANGE VISITOR APPLICANTS. THE DEPARTMENT ALSO BELIEVES THAT THIS DETERMINATION MORE ACCURATELY REFLECTS THE INTENT OF CONGRESS AS EXPRESSED IN THE USA PATRIOT ACT AND THE ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996, BOTH OF WHICH CONTAIN PROVISIONS RELATING TO THE ELECTRONIC MONITORING OF STUDENTS AND EXCHANGE VISITORS. END NOTE.
      ——————- HOW ISEAS WILL WORK ——————-
   8. ALIENS WHO WISH TO OBTAIN VISAS TO STUDY OR PARTICIPATE IN AN EXCHANGE PROGRAM IN THE UNITED STATES MUST FIRST APPLY TO AN EDUCATIONAL INSTITUTION OR OTHER INSTITUTION THAT HAS BEEN APPROVED BY THE INS (F AND M VISAS) OR THE DEPARTMENT OF STATE (J VISA). WHEN A STUDENT OR EXCHANGE VISITOR ACCEPTS AN OFFER TO STUDY OR ENGAGE IN OTHER EXCHANGE PROGRAM ACTIVITIES, THE APPROVED INSTITUTION OR PROGRAM SPONSOR MUST COMPLETE THE APPROPRIATE FORM. ACADEMIC OR LANGUAGE INSTITUTIONS MUST COMPLETE THE FORM I- 20 A-B, “CERTIFICATE OF ELIGIBILITY FOR NONIMMIGRANT (F-1) STUDENT STATUS.” VOCATIONAL SCHOOLS MUST COMPLETE THE FORM I-20 M-N, “CERTIFICATE OF ELIGIBILITY FOR NONIMMIGRANT (M- 1) STUDENT STATUS.” DESIGNATED EXCHANGE VISITOR PROGRAMS MUST COMPLETE FORM DS-2019, “CERTIFICATE OF ELIGIBILITY FOR EXCHANGE VISITOR (J-1) STATUS.”
   9. SECTION 501[C] OF THE BORDER SECURITY ACT REQUIRES THE APPROVED INSTITUTION OR DESIGNATED EXCHANGE PROGRAM SPONSOR TO TRANSMIT ELECTRONICALLY EVIDENCE OF THE APPLICANT’S ACCEPTANCE TO THE DEPARTMENT. WHEN ISEAS IS LAUNCHED ON SEPTEMBER 11, 2002, ACADEMIC INSTITUTIONS AND PROGRAM SPONSORS WILL ENTER CERTAIN INFORMATION FROM THE FORMS I-20 A-B, I-20 M-N OR DS-2019 INTO THE ISEAS WEB APPLICATION (PROVIDED AT WWW.ISEAS.STATE.GOV) FOR TRANSMISSION TO THE DEPARTMENT. THE INSTITUTION’S OR PROGRAM’S DESIGNATED OFFICIAL WILL FOLLOW INSTRUCTIONS FOR ENTERING STUDENT OR EXCHANGE VISITOR IDENTIFICATION DATA.
   10. AS CURRENTLY ENVISIONED, THE ISEAS SYSTEM WILL CONSIST OF TWO INDEPENDENT COMPUTER BASED SUBSYSTEMS WITH DATA TRANSFERRED BETWEEN THE TWO. THE FIRST SUBSYSTEM WILL CONTAIN AN INTERNET WEBSITE WITH A DIRECT LINK FOR APPROVED INSTITUTIONS AND EXCHANGE VISITOR PROGRAMS TO ENTER DATA FROM THE APPROPRIATE ACCEPTANCE DOCUMENT (FORMS I-20 A/B, I-20 M/N, IAP-66 OR DS-2019). TO ENSURE DATA INTEGRITY, THE ISEAS INTERNET SUBSYSTEM WILL VALIDATE THE IDENTIFICATION DATA ENTERED BY THE DESIGNATED INSTITUTION OR PROGRAM OFFICIAL AGAINST THE APPROVED LISTS OF INSTITUTIONS OR PROGRAM SPONSORS. INS APPROVED INSTITUTIONS OR PROGRAM SPONSORS CORRESPOND TO F AND M VISAS AND STATE DEPARTMENT, BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS APPROVED INSTITUTIONS OR PROGRAM SPONSORS CORRESPOND TO J VISAS.
   11. ONCE ISEAS CONFIRMS THAT THE INSTITUTION OR PROGRAM IS ON ONE OF THE APPROVED LISTS, THE DESIGNATED INSTITUTION OR PROGRAM OFFICIAL WILL ENTER CERTAIN STUDENT OR EXCHANGE VISITOR DATA CONTAINED ON FORMS I-20 A/B, I-20 M/N, IAP-66 OR DS-2019. (IN THE CASE OF AN INDIVIDUAL PARTICIPATING IN AN ONGOING J PROGRAM APPLYING FOR A NEW VISA ON THE BASIS OF A FORM IAP-66 ISSUED PRIOR TO SEPTEMBER 1, 2002, INFORMATION FROM THAT FORM WILL BE ENTERED. PER REFTEL B, FORMS IAP-66 ISSUED AND DATED PRIOR TO SEPTEMBER 1, 2002, SHOULD BE ACCEPTED BY CONOFFS IN SUPPORT OF VISA APPLICATIONS.) ISEAS WILL THEN RETURN A CONFIRMATION NUMBER. THE INSTITUTION OR PROGRAM SPONSOR USER MUST KEEP A RECORD OF THE CONFIRMATION NUMBER AS PART OF ITS RECORDS. THE ISEAS CONFIRMATION NUMBER WILL SERVE AS EVIDENCE THAT A PARTICULAR VISA APPLICANT’S DATA HAS BEEN ENTERED INTO THE ISEAS SYSTEM.
       ———————– CONSULAR RESPONSIBILITY ———————–
   12. CONSULAR SECTIONS WILL USE THE SECOND ISEAS SUBSYSTEM, AN INTRANET APPLICATION RESIDING ON THE DOS OPENNET, TO SEARCH FOR STUDENT OR EXCHANGE VISITOR DATA. THE SEARCH WILL VERIFY THE INFORMATION PROVIDED ON THE APPLICANT’S FORM I-20 A/B, I-20 M/N, IAP-66 OR DS-2019. THE SUBSYSTEM WILL ALLOW OFFICERS TO COMPARE THE STUDENT OR EXCHANGE VISITOR ACCEPTANCE DOCUMENTATION PRESENTED AT POST WITH AN ISEAS RECORD AND MARK THE APPROPRIATE ISEAS RECORD AS IDENTIFIED. DEPARTMENT WILL PROVIDE MORE SPECIFIC GUIDANCE ON THIS PROCESS SEPTEL. ONCE THE VISA IS ADJUDICATED, VISA ISSUANCE DATA WILL BE TRANSMITTED TO INS AS PART OF THE NIV DATA TRANSFERRED BY DATASHARE TO IBIS/TECS.
   13. ONCE ISEAS IS FULLY OPERATIONAL CONSULAR OFFICERS MAY NOT ISSUE AN F, J, OR M VISA UNTIL THEY OR ANOTHER MEMBER OF THE CONSULAR STAFF HAVE REVIEWED THE ACCEPTANCE DATA SUBMITTED TO ISEAS. THIS INCLUDES STUDENTS/EXCHANGE VISITORS APPLYING FOR VISAS TO RETURN TO ONGOING PROGRAMS WITH PREVIOUSLY ISSUED BUT STILL VALID FORMS I-20 A/B, I-20 M/N, IAP-66 OR DS-2019. IF THE APPLICANT’S PROGRAM ACCEPTANCE DATA CANNOT BE VERIFIED IN ISEAS, THE INDIVIDUAL SHOULD BE DIRECTED TO CONTACT HIS OR HER SPONSORING INSTITUTION OR PROGRAM.
   14. ISEAS WILL BE OPERATIONAL ON SEPTEMBER 11 AND AVAILABLE TO PARTICIPATING EDUCATIONAL INSTITUTIONS AND EXCHANGE PROGRAM SPONSORS. HOWEVER, DUE TO THE VERY SHORT ISEAS DEVELOPMENT PERIOD MANDATED BY THE LEGISLATION, THE SYSTEM CANNOT BE DEPLOYED BEFORE THAT DATE, AND PARTICIPATING INSTITUTIONS AND PROGRAM SPONSORS WILL BE UNABLE TO ENTER THE REQUIRED DATA INTO THE SYSTEM BEFORE THE STATUTORILY MANDATED DATE. THEREFORE, FULL ISEAS DEPLOYMENT ON SEPTEMBER 11 COULD RESULT IN AN INTERRUPTION IN THE PROCESSING OF F, J AND M VISAS AT A TIME WHEN THESE VISITORS ARE ALREADY SEEING SUBSTANTIAL PROCESSING DELAYS DUE TO SECURITY RELATED CLEARANCE REQUIREMENTS. WHILE THERE MAY BE SOME INSTITUTIONS THAT CAN QUICKLY SATISFY THE NEW REQUIREMENT USING THE ISEAS SYSTEM, DEPARTMENT EXPECTS THAT THE MAJORITY WILL BE UNABLE TO SO QUICKLY ADD THE REQUIRED DATA INTO ISEAS. BECAUSE NO STUDENT OR EXCHANGE VISITOR VISAS CAN BE ISSUED ON OR AFTER SEPTEMBER 11 UNLESS THE DEPARTMENT RECEIVES “ELECTRONIC EVIDENCE OF DOCUMENTATION OF THE ALIEN’S ACCEPTANCE,” THE DEPARTMENT IS DEVISING BACK-UP PROCEDURES TO ENSURE THAT CONSULAR OFFICERS RECEIVE TIMELY ELECTRONIC VERIFICATION OF ENROLLMENT FROM THE SPONSORING EDUCATIONAL INSTITUTIONS DURING THE FIRST 30 DAYS THAT ISEAS WILL BE OPERATIONAL, I.E. THROUGH OCTOBER 11, 2002, WHILE MINIMIZING THE IMPACT OF ISEAS IMPLEMENTATION ON THE ISSUANCE OF STUDENT AND EXCHANGE VISITOR VISAS:
       POSTS ARE ADVISED THAT, IN MOST CASES, IF DATA REGARDING A PARTICULAR F, M OR J VISA APPLICANT IS NOT IN ISEAS, THE APPLICANT SHOULD BE ADVISED TO CONTACT HIS OR HER SPONSORING INSTITUTION OR PROGRAM AND ADVISE IT OF THE NEED TO ENTER DATA INTO ISEAS. SHOULD THE ISEAS OPTION PROVE UNWORKABLE DURING THE 30-DAY PERIOD, POSTS MAY ACCEPT DIRECT E-MAIL CONFIRMATION OF ACCEPTANCE.
       AT THEIR DISCRETION, POSTS MAY SEND E-MAIL INQUIRIES DIRECTLY TO THE SPONSORING INSTITUTIONS AND REQUEST E- MAIL CONFIRMATION OF ENROLLMENT. POSTS IN MANY CASES MAY BE ABLE TO OBTAIN E-MAIL ADDRESSES USING INTERNET SEARCH ENGINES OR FROM THE VISA APPLICANT DIRECTLY. CA AND ECA WILL WORK ON OBTAINING LISTS OF INSTITUTIONAL WEB PAGES, AND WILL BE AVAILABLE TO ASSIST CONSULAR OFFICERS IN LOCATING E-MAIL ADDRESSES.
       IF POST CANNOT MAKE THE ELECTRONIC VERIFICATION DIRECTLY, THE VISA OFFICE WORKING WITH ECA WILL SEEK THE ELECTRONIC VERIFICATION FROM THE SPONSORING INSTITUTION UPON REQUEST FROM POST.
   15. CA, WORKING WITH ECA AND OTHER ORGANIZATIONS, IS ALERTING ADMISSIONS OFFICES OF EDUCATIONAL INSTITUTIONS REGARDING THE NEED FOR ELECTRONIC VERIFICATIONS AND THE POSSIBILITY THAT THEY WILL RECEIVE DIRECT REQUESTS FOR VERIFICATION FROM VISA APPLICANTS, CONSULAR OFFICERS OR THE VISA OFFICE IF ENROLLMENT HAS NOT BEEN VERIFIED THROUGH ISEAS, AND ASKING THAT THEY RESPOND PROMPTLY. WE WILL USE THIS COMMUNICATION TO FURTHER INFORM THEM OF ISEAS AND ITS REQUIREMENTS. SEPTEL WILL PROVIDE PUBLIC RELATIONS GUIDANCE WHICH POSTS SHOULD DISSEMINATE AS SOON AS POSSIBLE.
   16. MINIMIZE CONSIDERED. POWELL

    

   End Cable Text

   For more information see the new ISEAS web page (www.iseas.state.gov) and the web page of the Interagency Working Group on U.S. Government- Sponsored International Exchanges and Training (IAWG) (www.iawg.gov)

7. Consular Processing Issues. Another important post-September 11 development is the abandonment of Third Country National (TCN) processing of visa applications in Canada, Mexico and other countries for males aged between 16 and 45 from countries on the List of 26 (see above). This means that many persons seeking to obtain a new J-1 visa, or seeking an H-1B or O-1 visa, among other visa categories, may no longer be able to apply in Canada or Mexico and return to the United States the same day. Instead, they will need to return to their home countries, where they may have to wait for months for security checks to be completed. There are reports that some persons subject under the List of 26 may be permitted to stay in Mexico for months while security checks are completed instead of having to return to Pakistan or other countries on the List of 26.The U.S. State Department web site currently states: “Any third country national (TCN)* present in the United States and visitors present in Canada who wish to apply for a nonimmigrant visa at any of our border posts in Canada or Mexico must make an appointment for an interview. U.S. Consular offices are located in Calgary, Halifax, Montreal, Ottawa, Quebec City, Toronto, Vancouver, Ciudad Juarez, Matamoros, Nogales, Nuevo Laredo and Tijuana. * Please note that Border Posts can no longer accept applications from non-resident TCNs who are nationals of the seven countries currently designated as state sponsors of terrorism. For more information, please see the Notice: Special Visa Processing Procedures Pursuant to Section 306 of the Enhanced Border Security and Visa Reform Act of 2002.”As of this past December at least, all such applicants had to make their appointments through the MINACS system. MINACS was advising applicants to wait five business days after scheduling before making airline reservations or other travel plans to determine if they will be contacted by phone or email to cancel the appointment. Those not contacted in this time frame would have appointments. As a practical matter, those who applied and who were from a country on the List of 26 were denied appointments.

   Persons from countries on one or more of the post-September 11 country lists should consult with a law firm that has expertise in overseas consular processing before planning to travel abroad for a visa application. Bruce A. Hake, P.C. does not have such expertise.

8. Bottom Line For Foreigners Now Lawfully Present In The United States. The bottom line now for foreigners who are lawfully present in the United States is that it would be reckless to depart the United States except for a bona fide emergency, so long as one is maintaining lawful status, even if one seems not to be directly affected by the developments above.

Disclaimer: This information is provided as a free service to my clients and other interested persons. I may update this page from time to time as circumstances warrant, but I do not guarantee that the information on this page is current, complete, or accurate. Moreover, I personally and my law firm Bruce A. Hake, P.C. disclaim any liability for adverse results that may occur from action or inaction taken in response to information or suggestions on this page, unless the firm has specifically undertaken in writing to be responsible for advice in a particular situation. The information on this page is generalized and should not be relied upon as legal advice. These are serious times and for many people there may be serious and unexpected consequences in connection with seemingly minor matters such as notices of change of address. Readers should conduct their own research beyond this page and they should retain the services of an experienced immigration lawyer for specific advice in particular situations.Copyright 2002 Bruce A. Hake, P.C. All rights reserved. Reprint permission granted to Siskind’s Immigration Bulletin.