USA/Turkey: Whether the procedures for obtaining a visa, specifically the 10 year visitor's visa (B1-B2) have changed since 11 September 2001; availability of fraudulently obtained non-immigrant US Visas available in Turkey

According to the US Immigration and Naturalization Service (INS), a nonimmigration visa is one

given to someone who lives in another country and wishes to come temporarily to the United States for a specific purpose. Nonimmigrant visas are given to people such as tourists, business people, students, temporary workers, and diplomats (18 July 2002).

The INS lists 22 classes of non-immigrant visas that are identified by letters A-V as well as the Temporary Protected Status (TPS) visa; please refer to for the complete list. B-1 and B-2 class visas are "temporary visitor for business" and "temporary visitor for pleasure" respectively (ibid. 2 Aug. 2002; ibid. 14 June 2002).

The Research Directorate was unable to find reports of a modification in the process by which one attains a US B-1 or B-2 visa among sources consulted. Please consult USA24017.F of 29 May 1996, USA23788.E of 9 May 1996, USA23942.E of 9 May 1996 USA23942.E of 9 May 1993 for previous Responses concerning these visas.

Nevertheless, a reported change was the 8 April 2002 modification limiting the "admission period for B-2 non-immigrant visitors, and ... base the admission period on the amount of time needed to accomplish the purpose of the trip (in many cases 30 days)" (US DOJ 8 Apr. 2002a). Although called a "proposal" (ibid.), a Department of Justice (DOJ) Fact Sheet reported that this new rule was to take "effect immediately upon publication, but will still allow for public comment" (8 Apr. 2002b). The new rules were published in the Federal Register on 12 April 2002 (US OFR 12 April 2002).

The DOJ justifies the changes as a means"[t]o gain greater control over [visitors'] presence," and described the new rules as follows:

The rule prohibits non-immigrant visitors admitted under B-1 or B-2 visas from pursuing a course of study at a school in the United States prior to receiving INS approval of their request to change non-immigrant status to that of an F (academic) or M (vocational) student. To facilitate this process, INS has set a target processing time of 30 days for all requests to change or extend non-immigrant status, with all four Service Centers achieving that target within the next 60 days.

Minimum Admission Period Eliminated

The proposed rule will eliminate the current minimum six months admission period for B-2 visitors for pleasure, replacing it with "a period of time that is fair and reasonable for the completion of the purpose of the visit." When B visa holders apply for entry to the

United States, they will be required to explain to an INS Immigration Inspector the nature and purpose of their visit so the Inspector can determine the appropriate length of stay. While INS Inspectors will make every effort to determine a fair and reasonable time period, the burden of proof rests with the alien. When the time needed to accomplish the purpose of the visit cannot be determined, INS will grant a 30-day period of admission.

Changes to Standards for Extension of Stay

The proposed rule will limit the conditions under which a B visitor can obtain an extension of stay, and will reduce the maximum extension period that can be granted. Persons in B status will be eligible to extend their stay in cases that have resulted from "unexpected or compelling humanitarian reasons," such as medical treatment or a delay in the conclusion of a business matter. ... [T]he alien must prove there are adequate financial resources to continue to stay in the United States and that he or she is maintaining a residency abroad. The rule also reduces the maximum extension that can be granted from one year to six months (US DOJ 8 April 2002b).

According to a representative of the US Embassy, Consular Affairs Division in Ottawa, visas have both an admission period (determined by the Department of State) and duration of visit as determined by the Immigration and Naturalization Service (20 Aug. 2002). The aforementioned proposed change, according to the representative of the US Embassy, is a return to a previous system based upon the requirements of the visitor, however the default when the person arrives at the border is 6 months (ibid.). The issuing officer determines the duration of the actual entry visa (ibid). The visa admission period is determined by bilateral reciprocity agreements negotiated with the United States, in the case of Turkey, the agreement allows for an up to 10-year, multiple entry visa (ibid.). However, the actual admission period remains at the discretion of the issuing officer (ibid.).

The Research Directorate was unable to find reports detailing the prevalence of US visas fraudulently obtained in Turkey among sources consulted for this Response. In addition, a representative of the United States Department of State (DOS) contacted by the US Embassy in Ottawa was unable to respond to questions concerning prevalence on the public record.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

United States. Department of Justice (DOJ). 8 April 2002a. News Release. "INS Proposes Significant Changes to Rules Governing Visitors and Students." [Accessed 5 August 2002]

_____. 8 April 2002b. Fact Sheet. "INS Proposes Significant Changes to Rules Governing Visitors and Students." [Accessed 9 Sept. 2002]

United States. Embassy of the United States of America, Ottawa. 20 August 2002. Telephone interview with official.

United States. Office of the Federal Register (OFR). 12 April 2002. Vol. 67, No. 71. "Immigration and Naturalization Service 8 CFR Parts 214, 235 and 248: Limiting the Period of Admission for B Nonimmigrant Aliens." [Accessed 9 Sept. 2002]

United States. Immigration and Naturalization Service (INS). 2 August 2002. "Immigration Classifications and Visa Categories." [Accessed 5 August 2002]

_____. 18 July 2002. "What is the Difference Between a Visa and an Arrival Departure Record." [Accessed 5 August 2002]

_____. 14 June 2002. "Business or Pleasure Visitors." [Accessed 5 August 2002]

Additional Sources Consulted

IRB Databases

NEXIS

United States. Department of State (DOS). 29 August 2002. Correspondence with official.

Unsuccessful attempt to contact the Consular Division of the Embassy of the United States, Ankara

Internet sites including:

American Immigration Law Center

Immigration Links

INS Experts Online

United States. Embassy of the United States of America, Ankara Turkey

USA Visa Now

World Immigration and Deportation

World News Connection