INS TO TRACK FOREIGNERS WHO OVERSTAY

Please be advised that under today's date, the Wall Street Journal reported that the United States Immigration and Naturalization Service will soon begin to track every foreigner entering the country with a view to identifying those who overstay their visas. This is an important report because the Congress is expected to take action within a few weeks on this matter. Whether or not such an action is taken by the Congress, the INS, under its own power, is expected to tighten entry-exit procedures for visitors to the United States. There is no doubt that INS is getting Congressional attention as well as significant additional budget after the September 11, 2001, terrorist attacks. Three of the suspected September 11, 2001, hijackers were on visas that had expired.

Several techniques are being looked into by the INS to track and locate foreigners overstaying their visas. They include finger printing, tracking by name or visa number, or by installation of magnetic-strip card and face-recognition devices. Any alien overstaying a visa could then be easily located and deported back to the country of his/her origin. Such system may be set up by the INS in a series of short progressive steps. There are chances that various entry ports such as airports, busy border points like the U.S.-Mexico border and the U.S.-Canada border will use different methods to record entry and departure of visitors. Similar steps are common in many countries who have a rigorous system of tracking foreign visitors.

It should be remembered that the procedure to seek additional time to stay is quite simple. INS Form I-539 is to be completed and sent to the appropriate Service Center where the applicant resides, with a $120 fees, a detailed explanation for seeking extension, evidence of departure such as a valid air ticket; evidence of financial support, and a copy of I-94. If the I-94 is missing, Form I-102, Application for Replacement, should accompany the petition for extension. Generally, INS looks at such requests favorably.