Travel Requirements for Domestic Travel

Travel advisories were issued for foreign nationals in mid-September, based on the latest reports from various clients about their family members who had been questioned even when boarding domestic flights.

The Immigration and Nationality Act provides that any non-U.S. citizen over the age of 18 is required to carry certain registration documentation. For non-immigrants, this means an I-94 form, or in the case of an H-1B employee, the H-1B approval notice or I-797 form with the I-94 card attached to it. Failure to comply with the law results in a federal misdemeanor offense and the person can be fined $100 or be imprisoned for up to 30 days, or both.

Until Sept. 11, this provision of the law was really never utilized but now it is routinely requested even for domestic travel. Accordingly, it is wise for any non-U.S. citizen in the country to be prepared and to keep all appropriate immigration paperwork under these circumstances.

Travel Abroad

Similar to domestic travel, most immigration attorneys are advising their clients to be careful when traveling outside the U.S. On the one hand, the government advises us to help the U.S. economy by traveling and purchasing goods and services but on the other, there is fear of being able to return safely back to the U.S. In addition to carrying the documents listed above, including passport and INS approval notice, a person should have the visa stamped in the passport, preferably matching the employer with whom they are working, and a recent letter from the U.S. employer confirming the availability of the job offer. Of course, a visa stamp from a prior employer, as long as it is in the correct category and has not expired, is also valid for use with the new employer’s approval notice.

Foreign nationals, even long time permanent residents, are subject to much greater levels of investigation at ports of entry. It is helpful to be honest and direct with authorities, if questioned. If a person feels harassed, the person may opt to withdraw their entry into the U.S. and decide to return back on the next flight, so as not to be subject to removal or deportation.

Visa Processing at U.S. Consulates Worldwide

Although no official statistics have been released, it appears that the number of visa applications at U.S. embassies and consulates around the world has dropped significantly. The visa office of Department of State and various consulates have confirmed that there is no policy change in issuance of visas, both immigrant and nonimmigrant visas. Laws and policies in effect prior to Sept. 11 continue with respect to eligibility of visa applicants.

Even though some law firms are apparently advising their clients to avoid consular processing abroad after Sept. 11, for the immigrant visa (IV), we have found that the majority of clients are successfully and with few problems obtaining their IVs.

Visa Processing at Border Posts in Canada and Mexico

Those wishing to obtain a multiple entry visa stamp in their passports at one of the U.S. border posts, like Mexico or Canada will now need to comply with additional security restrictions after Sept. 11. To secure its border, Mexico has imposed additional visa restrictions on the nationals of 55 countries, including India, Pakistan, and China. This restriction applies not merely to non-immigrants, but also to permanent residents. This additional security measure will involve a prior check conducted by the Mexican Immigration Authority in Mexico City, which could take a month on average. Generally, a person is required to obtain a visa to enter Mexico in order to visit the U.S. consulates based in Mexico, though under certain circumstances, it may be possible to obtain a one-day “permiso” even for nationals of these 55 countries.

Legislative Update and Our Future

There have been rumors afloat about a possible moratorium on the issuance of F1 student visas to the U.S. after Sept. 11. Sen. Dianne Feinstein (D-Calif.) had planned to introduce such a bill for a moratorium on F1 visas for six months. The purpose of the moratorium is to enable the INS and schools to update the status of the 800,000 plus international students in the U.S. There is no tracking mechanism in place if a student does not attend the designated school, drops out or just goes underground. It is unlikely that any such bill would pass both Houses, even in this climate. Besides the F-1 student visa, it is likely that the M-1 for vocational students could have some new restrictions. Some of the alleged terrorists were apparently on the M-1 visa.

The extension of the old Section 245(i) that allowed those without status to obtain file for permanent residency in the U.S. is not likely to get passed in Congress any time in the near future.

In the immediate aftermath of Sept. 11, an antiterrorism proposal has been put forward. The proposal would require that if the INS or the U.S. Attorney General has any reason to believe that any person may further acts of terrorism, they should “certify” such a person. Unfortunately, many of the terms are only loosely defined. This proposal does not afford the opportunity for any review by a court of law and requires mandatory detention and removal of any “certified” foreign national — including lawful permanent residents of the U.S. that have been living permanently and peacefully in the country for 10, 20 or 50 years!

The proposal would apply retroactively, irrespective of when the particular act occurred, and it would apply to all past, pending or future removal, exclusion, deportation or any other immigration proceedings. Even in this climate, it is unlikely that the proposal could become law in its present form, because even conservative figures believe that if such a law were to pass, it would be tantamount to abrogating constitutional freedoms.

Although President Bush has openly expressed the need to respect and understand people of different countries and of different faiths, rumors abound that there are informal e-mails and messages being passed by word of mouth to law enforcement and senior administration officials, to target people of certain nationalities or races. Immigration to the United States and the attitude towards immigrants will be some of the areas that will have to be revisited in this new world order.

After Sept. 11, we should expect more restrictions on U.S. immigration. The overall softening of the U.S. economy is not helping either.

Attorney Sheela Murthy, a graduate of Harvard Law School, is founder of The Law Office of Sheela Murthy, P.C.