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May 2, 2002
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Visa regulation changes not to affect legitimate students: US

The United States on Thursday said that the proposed changes in visa regulations may affect Indians seeking US visas, but not legitimate student applicants.

In a signed write-up on 'US Visa Regulations', US Ambassador to India Robert D Blackwill said of the two proposed changes, one has taken place and approval for the other is pending.

The Immigration and Naturalisation Services has implemented a procedure that will limit student visa adjustments within the US.

In the past, students could visit the US on a tourist visa (B-2) and, while in the US, could get it changed to a student visa (F-1).

"This is no longer allowed. Indians wishing to study in America should have their student visas issued in the country of residence before they go to the US. This will not affect a person's ability to study at his or her chosen university," the ambassador said.

Blackwill said in its continuing effort to enhance national security and strengthen immigration controls, the INS has proposed modifying the current admission period for B-1/B-2 non-immigrant visitors.

In the past, the INS allowed most visitors a six-month stay in the US, regardless of the time they required. Now, it proposes to base the admission period on the amount of time the visitor requests in order to accomplish the purpose of his or her trip.

This modification has been wrongly described as allowing visitors "only" a 30-day visit to the US. That is not accurate, he said.

"If this change of rule is accepted, the INS inspector at the port of entry in the US would ask all visitors how much time they require to complete their visit," he said.

In addition, the senate has approved a legislation [still to be passed by the House of Representatives and signed into law by the president] that would require universities to notify the INS of individuals who have entered the country claiming to be students but who, in fact, have not pursued their course of study.

"This legislation would affect genuine students, but should help the INS find those who would use the liberal US visa system to enter America for illegal purposes," he said.

The ambassador said: "I believe these changes strike the appropriate balance between INS's mission to stop illegal immigration, and our desire to welcome legitimate visitors to the United States. Indians and Americans of Indian origin play an increasingly important part in American's life. President [George] Bush welcomes this. So do I."

Explaining the reasons why the new regulations will not affect the majority of Indian visitors to the US, he said first there will be no changes in the way visas are issued by the US embassy and consulates in India. Visa applicants will still use the appointment system and courier-pass back services to receive their visas before travelling to the US.

Secondly, the proposals will not reduce the number of visas granted to Indians. Some two-thirds of all applicants from India are granted visas -- over 3,00,000 last year, he said.

The third reason, Blackwill said, is immigrant visas, the permanent Green Card work permit and the temporary H1B visa work permit will not be affected.

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