October 2002

State Department Ends 20-Day "Hold" Policy

The State Department has announced that the 20 day hold procedure for certain nonimmigrant visa applications has been terminated. Other special clearance procedures remain in effect. Read on for the State Department memorandum.

Update on Closing of Ciudad Juarez to TCN Processing

In information exchanges with consular officials responsible for Border post appointments in Canada and Mexico, it appears that there remain sufficient visa appointment slots to handle the bulk of the third country national nonimmigrant visa applications no longer being serviced by the US Consulate at Ciudad Juarez. Members should keep in mind, however, that DOS intends to amend its regulation to require visas from Canadian landed immigrants who share Commonwealth nationality. Consequently, the relief that the surplus of visa appointment slots provides may be short-lived, as the consulates in Canada will have to absorb this new demand for visas.

Cuidad Juarez to Cease TCN Processing

The U.S. Consulate in Ciudad Juarez will cease taking appointment for third country nationals (TCNs) on November 1, 2002.

Earned Legalization Bill Introduced

Rep. Gephardt (D-MO) introduced a bill that would allow certain undocumented aliens to adjust their status. Among the requirements are that the alien have resided in the US for the last five years and have at least 24 months of work history. Look for more news regarding the bill's progress in the coming weeks.

I-94s to be Given for One Year Upon Advance Parole Entry

The INS has advised AILA that it no longer annotates an I-94 upon entry under an advance parole with “paroled indefinitely.” Instead, it now marks the I-94 with a one-year expiration. Speak to your attorney for the specific implications in your case.

DOS to Raise Visa Application Fee to $100

The State Department has advised AILA that an emergency increase to $100 in the machine-readable visa fee charged to nonimmigrant visa applicants has been authorized, effective November 1, 2002. The fee is being increased because the volume of applications had decreased by 20% in the last fiscal year, resulting in a decrease in fee revenues, while workload increased due to increased security checks and more interviews being conducted.

INS Designates Ports for Special Registrant Departures

The INS has designated certain ports as departure points for foreign nationals subject to the special registration procedures outlined in the regulations from the Attorney General. The requirement is effective October 1, 2002.