How has U.S. immigration changed since September 11?

Many people have asked us this question since September 11, 2001. The attack on the World Trade Center has had a great impact on the United States, Canada, and every other country. First and foremost, it was a horrible tragedy that cost thousands of innocent lives. However, we do not believe it has had a catastrophic impact on the processing of most immigration applications in the United States or Canada. The U.S. Service Centers have continued to process and approve petitions in all categories. Although there have been many important  changes in the law, regulations and policies that apply to immigration processing, most people continue to be admitted to the United States and Canada on valid visas and to receive new visas in the consulates abroad.

There is no doubt that  travelers are being scrutinized more carefully at airports and ports of entry, especially travelers from nations suspected of harboring anti-U.S. terrorists. In 2002, special registration procedures were imposed on male citizens and nationals of twenty-five countries with high Muslim populations. The annual re-registration requirement has now been suspended. However, NSEERS registrants must still register on entry and must report their departure.

The government now checks all applications filed at the Service Centers and district offices against the IBIS database of people who are inadmissible for criminal or other reasons. These checks have slowed down processing of applications, especially if there is a "hit" against a similar name.

The DHS has announced an intention to enforce existing change of address rules more vigorously. For more information, see our news article on this subject.

On November 19, 2001, the U.S.  briefly suspended the issuance of visas to third country nationals in Canada and Mexico. TCN appointments resumed December 3, 2001. However, under a new rule, applicants for visas will not be readmitted to the U.S. using an expired visa and valid I-94, if the new visa is refused. Therefore, it is unwise to apply for a new visa in Canada or Mexico if there is any doubt the new visa will be issued. In addition, people from  Iran, North Korea, Cuba, Sudan, and Syria must always have a current visa.

On January 24, 2002, the State Department announced that all males 16-45 from all countries will now be required to fill out a new form DS-157 in order to obtain any nonimmigrant visa.  At some posts, all applicants must fill out the form. The form solicits information that the State Department believes will help identify security risks.

On April 12, 2002, the government implemented an interim regulation prohibiting "B" visitors and tourists from attending school until an application for change of status has been approved. Previously, students could begin studies while the application was being processed.

As of July 25, 2002, a new form DS-158 will be required of all applicants for F, M, and J visas. This forms requests contact information and information about prior employment.

On February 3, 2003, the State Department announced that beginning March 17, 2003, landed immigrants from Canada will be required to obtain U.S. visas before entering the U.S. The only exceptions are tourists and business visitors who are citizens of visa waiver countries. Click here for more information.

On March 1, 2003, the INS was abolished. Its functions were assumed by the new Department of Homeland Security (DHS). The former INS offices have continued to process petitions and applications as they did before.

As of July 16, 2004, it will no longer be possible to revalidate visas by mail in the U.S. Click here for our news article about this. All visas must be obtained abroad. As of October 26, 2004, all visas must contain biometric identifiers (fingerprints). This means all visa applicants will need a personal interview. The fingerprint encoded on the visa will be matched with the person's fingerprint at the port of entry.

On November 24, 2006, the State Department announced that all persons will be required to hold a valid passport to enter the U.S. by air. This new rule goes into effect on January 23, 2007. This includes citizens of the United States, Canada, Mexico and Bermuda. The only acceptable alternatives are a NEXUS card if used at a NEXUS kiosk, and an MMD. The new rules do not yet apply to entries by land or sea.

Our best advice is to be more careful than ever to maintain your status at all times. Do not overstay your period of admission. If you must travel, be sure to carry all necessary passports, visas, approval notices, and other required documentation. If you will need a visa, give yourself as much time as possible to get the visa before you need to enter the U.S. Contact us if you have any doubts about your status or required documentation.