Tips for Traveling in Uncertain Times
by Ellen H. Badger
INTRODUCTION: This is an edited version of the "Fall 2001 Travel Extra" that was distributed on December 3, 2001 to international students and scholars at Binghamton University, State University of New York. The Travel Extra is published twice a year by Binghamton's Office of International Student and Scholar Services, Division of Student Affairs. Each new edition reflects the latest information available on immigration regulations. The Fall 2001 edition has been extensively updated to reflect travel realities post-September 11, 2001 and features a table of contents for easy access to the material. We have prepared this general version in the hope that the information may be useful to international students and scholars at other colleges and universities in the United States. To learn more about programs and services for international students at Binghamton, we invite you to visit the website, CLICK HERE
CONTENTS:
1. SHOULD I TRAVEL?
2. BEFORE LEAVING THE
UNITED STATES
PASSPORTS
I-20 OR IAP-66
I-94 ARRIVAL/DEPARTURE
CARS
U.S. VISA
COLLEGE OR UNIVERSITY
ID CARD
LETTER OF CERTIFICATION
MAINTAINING STATUS
SCHOOL TRANSCRIPT
FINANCIAL DOCUMENTATION
FOREIGN VISA
PRACTICAL TRAINING
3. TRAVEL WITHIN THE
UNITED STATES
4. U.S. VISA POSTS THAT
ARE NO LONGER ACCESSIBLE
5. WATCH YOUR WORDS!
6. U.S. IMMIGRATION REQUIREMENTS
IF YOU ARE LEAVING YOUR SCHOOL PERMANENTLY
7. APPLYING FOR A NEW
VISA AT A U.S. CONSULATE ABROAD
GENERAL INFORMATION
SECURITY CONCERNS
VISA APPLICATION REQUIREMENTS
WHERE AND WHEN TO APPLY
8. STRATEGIES FOR A SUCCESSFUL
RE-ENTRY INTO THE UNITED STATES
9. STAYING INFORMED WHILE
YOU TRAVEL
10. KEEPING YOUR VALUABLES
SAFE WHEN YOU TRAVEL
11. SALES TAX REFUNDS?
1. SHOULD I TRAVEL?
Whether
or not to travel post-September 11, 2001 is a personal decision. Students
whose U.S. visas have expired and who will need to apply for new U.S. visas
abroad should anticipate longer waiting periods to obtain a new visa and
closer scrutiny of their visa documents. It is advisable to check with
the U.S. consulate or embassy, or its web site link: http://travel.state.gov/links.html
where you will apply for the visa BEFORE leaving the United States to determine
that particular post's policies and procedures. You should start the visa
process at the earliest possible time upon your arrival back in your home
country.
Males
between the ages of 16 and 45 from Afghanistan, Algeria, Bahrain, Djibouti,
Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya,
Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan,
Syria, Tunisia, the United Arab Emirates and Yemen who will need to renew
their U.S. visas while abroad will be required to undergo FBI security
checks that may lengthen the processing time for their visa applications
by as long as thirty days. Any student in this category is strongly advised
not to travel abroad at this time. You will likely not be able to obtain
a new U.S. visa in a short enough period to be able to return to school
to begin the Spring 2002 semester.
Many
new and current international students who have been abroad since September
11 have reported that they have been successful in obtaining student visas,
and have encountered no unusual difficulties at immigration inspection
upon their return to the United States.
While
there is much proposed immigration legislation in Congress, new laws that
would establish new requirements for international students are not anticipated
until later in 2002. However, the Executive Branch of the Federal Government
(which includes the Department of State and the Immigration and Naturalization
Service) can put in place new regulations without Congressional approval.
Therefore, any student who feels uncomfortable or concerned about their
travel plans may prefer to cancel those plans. No one can predict the future
with any certainty.
2. BEFORE LEAVING THE UNITED STATES
PASSPORTS
When
was the last time you checked the expiration date in your passport? In
order to travel, your passport MUST be valid at least six months into the
future. Passports may be renewed at your country's embassy or consulate
in the United States. If you have access to the world wide web, you can
obtain up-to-date information on passport renewal by checking your country's
embassy or consulate web pages. Point your web browser to http://www.embassy.org
I-20 OR IAP-66
Be
sure your I-20 or IAP-66 has not expired. The back of your I-20 form (if
you are in F-1 status) or IAP-66 form (if you are in J-1 status) must be
signed prior to your departure, especially if it has not been signed in
the last six months. If you will need to apply for a new visa, check the
front of your I-20 and IAP-66 carefully to be sure the field of study,
level of study, and source of funds are still correct. If you will need
a new I-20 or IAP-66, you must provide new proof of financial support.
Allow sufficient time for your International Student Office to prepare
new visa documents for you.
I-94 ARRIVAL/DEPARTURE
CARD
You
will need to surrender your I-94 card upon your departure from the United
States. You will be issued a new I-94 card upon your re-entry to the United
States. SPECIAL NOTE: F-1 and J-1 students with expired U.S. visas who
are traveling to Canada, Mexico or adjacent islands for up to 30 days AND
who will be resuming their studies upon their return should NEVER surrender
their I-94 card. Canadian or Mexican nationals returning to their home
country should surrender their I-94 card as they enter their country, and
obtain a new I-94 card the next time they enter the United States. Canadian
nationals should be sure to carry with them their financial documentation
that verifies the information on their I-20 when getting ready to return
to the United States.
U.S. VISA
Check
your U.S. visa stamp inside your passport. Has your visa stamp expired?
If it is still valid, is it for multiple entry, or has the entry been used
up? Finally, is the category for which the visa was issued the status you
currently hold (for example, if your visa is F-2, are you currently in
F-2 status or did that status change after you entered the United States)?
If you are in F-1 or J-1 status and traveling to Canada, Mexico, or islands
adjacent to North America, you do not need a valid U.S. visa as long as
you have been maintaining your status, have a valid passport and I-20 or
IAP-66 and are entering those countries for tourist purposes and your stay
will be thirty days or less. However, travel to all other countries will
require that you have a valid U.S. visa before you may re-enter the United
States. This is especially true if you changed your non-immigrant status
while in the United States (for example, changed from F-2 to F-1 or B-2
to F-1). This will mean applying for a new visa at the U.S. consulate in
the country you will visit. Be sure to see section 7 of this article, on
applying for a new U.S. visa.
COLLEGE OR UNIVERSITY
ID CARD
Carry
your current college student ID card with you as supporting documentation.
LETTER OF CERTIFICATION
This
is a letter issued by your school that verifies that you are a student
and that you are maintaining valid status. Any international student traveling
outside the United States may wish to request such a letter from their
school well in advance of their travel. This letter is not needed for travel
within the United States.
MAINTAINING STATUS
Have
you been maintaining the conditions of your non-immigrant status? If you
are an F-1 or J-1 student, this means maintaining full time registration
each semester at the school you are authorized to attend, refraining from
unauthorized employment, not letting your I-20 or IAP-66 expire, and following
the appropriate procedures for school transfer and extensions. J-1s are
also required to have health and accident insurance for both themselves
and their J-2 dependents, and the insurance must include a medical evacuation
and repatriation benefit. If you think you may have violated the conditions
of your status, be sure to speak to staff at your school's International
Student Office BEFORE departing the United States, as you may risk being
denied permission to return.
SCHOOL TRANSCRIPT
Have
an official copy of your college or university transcript with you ONLY
if you will be applying for a new student visa abroad, to show the consular
official that you have been making satisfactory progress towards your degree.
An increasing number of consulates are beginning to ask for transcripts
when students come to renew student visas. In addition to the transcript,
you may also want to carry a printed copy of your current course schedule,
stamped by your school's Registrar's Office.
FINANCIAL DOCUMENTATION
Documented
proof of financial support that appears on your I-20 or IAP-66 is only
required if you will be applying for a new student visa abroad, OR if you
are a national of Canada or Mexico who is traveling home to Canada or Mexico
for the between-semester break.
FOREIGN VISA
If
you are visiting a country other than your own, you may need a visitor's
visa to enter. Contact that country's embassy or consulate in the United
States or search for their website by visiting a web directory such as
http://www.embassy.org.
PRACTICAL TRAINING
If
you have completed your studies and have applied for Practical Training,
you must have your Employment Authorization Document (EAD) with you, as
well as your I-20 endorsed for practical training, in order to re-enter
the United States. If you are on Practical Training and will need to obtain
a new F-1 visa before returning to the United States, it is strongly advised
that you have with you a letter from your employer, verifying your employment
status. INS regulations state that an F-1 on authorized practical training
may depart the country temporarily and re-enter the United States to "resume"
employment, which means not only must you have a job offer, but employment
must have already commenced. Students are warned that visa issuance for
individuals on practical training can be highly problematic, since you
may have a hard time proving that you do not intend to immigrate to the
United States. Such students are urged to discuss their situation with
staff at their school's International Student Office before they travel.
3. TRAVEL WITHIN THE UNITED STATES
Many students think that their passport and visa documents are only needed when traveling abroad. WRONG! If you are planning a trip within the United States by car, bus, train or airplane, to U.S. cities near or far, it is essential that you have your passport and visa documents with you. Since September 11, there has been heightened security not only at all border crossings, but also at bus terminals, train terminals, and airports throughout the United States. Police from multiple agencies--federal, state and municipal--are patrolling these areas. People may be stopped and questioned randomly. Therefore, students are urged to be sure to have their passport, visa documents (I-94 card and I-20 or IAP-66), and student ID card with them for ALL distance travel, even travel within your state. In addition, be sure that the back page of the I-20 or IAP-66 has a current authorizing signature. If you are applying for a change of non-immigrant status, visa petition or EAD card, be sure to carry your INS receipt notice as well, which proves that you have an application pending with the Immigration Service. A person without valid travel documents can be arrested, threatened with deportation and taken into INS custody.
4. U.S. VISA POSTS THAT
ARE NO LONGER ACCESSIBLE
(As of December 1, 2001)
Any
student who is traveling outside the United States whose U.S. visa has
expired will need to renew it at a U.S. visa issuing post abroad before
the student can return to the United States. In most cases, the visa application
will be filed in your home country. Its important to note that holiday
periods are extremely busy times at visa issuing posts, due to large numbers
of travelers, holiday closings, and reduced staff. Also, in the event of
any protests, threats, or terrorist attacks that are judged to be threatening
to U.S. embassy or consulate personnel, government officials at those posts
may temporarily close or alter their operational hours.
The
U.S. Department of State (DOS) has announced a temporary freeze on non-immigrant
visa applications at its visa processing posts in Canada and Mexico, which
took affect on November 16, 2001. U.S. visa offices in Canada will not
accept non-immigrant visa applications from persons currently resident,
working or studying in the United States, but will continue to book appointments
for persons resident, studying, working or visiting in Canada. Previously
scheduled appointments will be honored except in certain cases where they
have been specifically canceled by phone. U.S. Visa posts in Mexico will
continue to process previously scheduled appointments, but are not scheduling
non-immigrant visa applications from non-residents of Mexico.
The
U.S. Embassy in Paris has announced that it will only accept applications
for non-immigrant visas by mail. Students are no longer able to go in person
to the embassy and get a visa, but must apply by mail while in France.
Delays in processing should be expected. They will not renew by mail A,
B, C, D, F, G, J, M, Q, and R visas (A and G visas can get renewed at the
Department of State) from persons whom are physically outside of France,
nor visas for persons whom are physically neither in France nor the United
States. For more information, access the Embassy in Paris's Web site at
http://www.amb-usa.fr.
5. WATCH YOUR WORDS!
Last
month, two international university students were escorted off an airplane
at the airport near their school and were closely questioned by legal authorities.
Passengers became concerned and notified security officials when the students
began to ask questions about the flight time, the engine, and other matters
about the flight. It turned out that one of the students suffers from motion
sickness and was worried about the possible turbulence in this type of
aircraft, and how long it would be in the air relative to his medication
for air sickness. They were both quite "innocent," and allowed to continue
their trip. However, it caused a serious delay in the travel plans of all
the passengers, and great anxiety, as you can imagine, for the students
and all the passengers. These students were NOT part of any particular
ethnic, cultural or religious group which would have 'targeted' them, so
one cannot look at this situation as discrimination or "racial profiling."
People around them who overheard their questions of the flight attendants
were just frightened, and the airplane personnel had to respond.
This
incident is a good example of why it is best to be cautious and discrete
in your conversations while traveling.
6. U.S. IMMIGRATION REQUIREMENTS IF YOU ARE LEAVING YOUR SCHOOL PERMANENTLY
International
student advisors are often asked what the immigration requirements are
if a student will no longer be continuing at his or her current school,
either because the student is returning to his/her home country, or is
beginning Practical Training, or because the student is going to begin
study at a new school.
Regardless
of your plans, retain your old I-20s (or IAP-66s)! These forms represent
your immigration history in the United States and should be kept in a safe
place as you would any important document. In addition, be sure to let
your current school's International Student Office know that you are leaving.
The
U.S. Immigration Service process for transferring your F-1 status from
your current to a new school is the responsibility of the new school's
International Student Office. Therefore, it's important that you follow
your new school's instructions for reporting to the International Student
Office at the beginning of your semester there.
Students
who will be ending their studies in December but have no plans to apply
for practical training (F-1), academic training (J-1) or continue at a
new school or in a new field or level of study, or seek a change of non-immigrant
status, must depart the United States within sixty days of completion of
their academic program if they are in F-1 status, or within thirty days
if they are in J-1 status.
7. APPLYING FOR A NEW VISA AT A U.S. CONSULATE ABROAD
Remember when you applied for your U.S. visa the first time? Applying for a new visa to replace the one that has expired in your passport requires you to present similar documentation.
GENERAL INFORMATION
Many
of the U.S. consular posts overseas have their own web sites. The initiative
is part of an effort to disseminate information on visa application procedures
specific to the individual posts. Information on consular post policies,
procedures and documentary requirements can be obtained via these web sites
which may be accessed from the State Department's main web page at: http://travel.state.gov/links.html.
One feature that a number of the consulates have is an e-mail option. This
may be used to ask specific questions of the consulate. The consulate web
sites may prove to be a valuable resource for international students and
scholars.
The
State Department has prepared two information sheets about student visas
on its web site that may be useful to you as an international student.
They may be obtained at http://travel.state.gov/foreign_student_visas_handout.html
and http://travel.state.gov/what_consuls_look_for.html
SECURITY CONCERNS
All
visa applicants should anticipate longer processing times for their visa
applications and closer scrutiny of their documentation.
FBI
security checks are now required for males between the ages of 16 and 45
from Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Eritrea, Indonesia,
Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan,
Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, the United Arab Emirates
and Yemen. The FBI security checks are likely to lengthen the processing
time for visa applications by as long as thirty days.
Students
who are from countries that have been determined by the U.S. Secretary
of State to be sponsors of international terrorism--Iraq, Iran, North Korea,
Syria, Libya, Sudan and Cuba--should anticipate extremely close review
of their visa documents and a high likelihood of visa denial.
VISA APPLICATION REQUIREMENTS
To
apply for a new visa, you will need to complete application form DS-156.
Blank forms are available at all U.S. consular offices, or may be printed
from the State Department Web Site http://travel.state.gov. You will also
need one photograph 1 and 1/2 inches square, showing full face, without
head covering, against a light background. You will need to have sufficient
currency to pay the required visa fees, or a receipt showing that you have
paid the visa fees. You will need your currently valid I-20 or IAP-66 form,
with a recent signature on the back, or a new form if there has been a
change in your program of study, level of program, or source of funding.
You will want to have a letter of certification from your current school,
verifying your enrollment as well as the fact that you have been maintaining
valid (F-1 or J-1) status.
You
will also need to show proof of financial support, binding ties to your
home country which you have no intentions of abandoning, and that you plan
to return to your home country upon the conclusion of your studies. Some
U.S. consulates will ask you how you plan to use your U.S. education in
your home country. Many consulates will ask you to present copies of your
academic transcripts to prove that you have been maintaining student status
in the United States. and that you have been making satisfactory progress
in your program. Plan to have copies with you, but do not present it to
a consular officer unless specifically asked to do so.
WHERE AND WHEN TO APPLY
If
you are visiting your home country, you should apply at the U.S. consulate
that has jurisdiction over your place of residence. If you will be traveling
to a third country, you will need to apply for your visa at the U.S. consulate
there. A consulate not in your home country will only issue you a visa
if you can prove that you have been maintaining valid status while in the
United States.
There
have been significant staff reductions and increased workloads at many
U.S. consulates abroad. The holiday periods are also peak travel periods.
Some consulates may be temporarily closed or have undertaken heightened
security measures due to concern over terrorist threats. It is possible
that some U.S. consulates may chose not to accept visa applications except
from residents of that country. Therefore, you may wish to contact the
specific consulate you plan to visit PRIOR to your departure from the U.S,
to be sure that they will accept an application from you.
In
ALL cases, apply for your visa AS EARLY AS POSSIBLE! Consult the appropriate
consulate by phone, fax or web site to ascertain visa application procedures
and requirements and approximate processing time.
8. STRATEGIES FOR A SUCCESSFUL RE-ENTRY INTO THE UNITED STATES
You
should expect to go through both U.S. Immigration and U.S. Customs at the
U.S. port of entry. You may also be required to go through a pre-inspection
procedure at certain airports abroad.
If
you will travel abroad during intersession, you are encouraged to have
with you a letter from your school that confirms you have maintained valid
status. You are also advised to have your current college or university
ID card with you as back up identification. However, when you give your
documents to the INS inspector at your U.S. port of entry or pre-boarding
checkpoint, you should initially present only your passport, I-94 card
(which was distributed on the airplane), and signed I-20 or IAP-66. The
letter of certification and school ID card are meant to be used only for
"supporting documentation" purposes, if you are asked additional questions
or asked to produce additional documentation.
A
U.S. immigration official who is presented with more documents than is
customarily required might become suspicious, so you are well advised to
show only your passport, I-94 and I-20 or IAP-66. Then you have the comfort
of knowing that you have additional supporting documentation with you if
needed.
Expect
close scrutiny of your documents. Answer all questions politely and briefly.
Do not offer any information that goes beyond the scope of the question
asked you.
In
certain cases, if there is some problem with your documents, you may be
issued a 30-day entry on your I-94 card and issued a form I-515, usually
with instructions to see your international student advisor. Examine your
I-94 card carefully as you leave the immigration booth. F-1 students and
J-1 students should have their I-94s marked "D/S," which means Duration
of Status, along with a stamp indicating the date you entered the U.S.
If an expiration date is written on the I-94 instead of "D/S," and you
are in F or J status, go to your school's International Student Office
as soon as possible.
Anyone
who is denied admission at a U.S. port of entry should be very cautious
about arguing with the immigration official. You may risk being issued
"expedited removal," which now entails a five-year bar on admission to
the United States. If you are denied admission, first try to contact your
school's International Student Office for assistance, but also make it
known to the Immigration Official that you are willing to withdraw your
application for admission to the country rather than be subject to expedited
removal.
9. STAYING INFORMED WHILE YOU TRAVEL
Much is being reported in the national and international media regarding the aftermath of September 11, and proposed federal laws and regulations that may have an impact on foreign nationals coming to the United States. If your college or university has been providing updates to students via e-mail or on the internet, try to stay up-to-date on immigration news by checking those resources periodically.
10. KEEPING YOUR VALUABLES SAFE WHEN YOU TRAVEL
The
following information on laptop computer security is also applicable for
other items of value such as briefcases and carry-on bags while you are
in domestic or international travel status.
Items
left unattended for even a very brief period have become a premium target
for theft. Every traveler should remain on constant alert as they traverse
through all airports. Here are some common examples of methods used by
thieves to separate you from your belongings.
One
method involved the use of security x-ray machines. The first thief precedes
the traveler through the security checkpoint and then loiters around the
area where the carry-on luggage had already been examined. When the traveler
places his laptop computer or bag onto the conveyer belt of the x-ray machine,
the second thief steps in front of the traveler and sets off the metal
detector.
While
the traveler is being delayed, the first thief removes the traveler's laptop
computer or bag from the conveyor belt just after it has gone through the
x-ray machine and quickly disappears.
Another
method of theft can occur while the traveler is walking through a crowd
of people in the airport terminal. The traveler, who may have a laptop
computer or small bag on top of his or her roll bag is preceded by the
first thief. Just as the traveler gets around the crowd of people, the
first thief stops abruptly, causing the traveler to stop abruptly. When
they stop momentarily, a second thief, who had been following just behind
them, quickly removes the traveler's laptop computer or small bag from
the roll bag and disappears into the crowd.
All
travelers, both international and domestic, are urged to be alert to the
above methods used in stealing valuable items and always be mindful of
any abrupt diversions during your travels. Report any losses immediately
to the authorities. Keep serial numbers, make, and model information of
your laptop computers, or of any items of value, separate from the item
so you can give precise information to authorities if the items are stolen.
11. SALES TAX REFUNDS?
Students
sometimes ask if it is possible for them to receive a refund of the sales
tax they paid for goods and services in the United States upon their departure.
In the U.S., sales tax on goods and services is set by each of the fifty
states, and state entities (such as cities and counties), not by the U.S.
government. Each state and state entity determines what the sales tax will
be (always a percent of the purchase price) and what items will and will
not be assessed a sales tax.
Therefore,
it is not possible for an overseas visitor to obtain a refund of the sales
tax for a purchase made in the United States upon their departure. The
best "official" explanation comes from the U.S. Customs Service, which
is reprinted below. Go to: http://www.customs.gov/travel/visi.htm# for
additional information.
"Foreign
visitors to the United States frequently confuse the state sales tax with
the value-added tax (VAT). The state sales tax is a small tax on purchases
or services, calculated at the time of purchase, which individual states
assess and which the U.S. federal government neither determines nor receives.
The VAT, on the other hand, is a national tax commonly applied in foreign
countries that is included in the actual sales price rather than at the
time of purchase. The United States does not have a VAT, and the federal
government cannot refund state sales taxes.
State
taxes are generally not charged to diplomats or employees of some international
organizations who have been issued a tax-exemption card. This card must
be presented at the time of purchase in order for sales taxes to be waived.
Also,
many states do not charge tax on items shipped out of state. Ask about
state sales-tax policies in the state where you make your purchases."
--------------------------------------------------------------------------------
About The Author:
Ellen H. Badger has been the Director of the Office of International Student
and Scholar Services at Binghamton University, State University of New
York since 1986, where she supervises programs and services for more than
900 international students and scholars.
The author acknowledges the following individuals whose information has been included in this and previous editions of the Travel Extra:
Patricia Burak, Syracuse
University
Elizabeth Shaw, University
of California at Davis
Cheryl A. Roy, University
of Connecticut
Susan Mack, Brandeis
University
How to Contact the Immigration Law Center
Our mailing address:
Immigration Law Center,
L.L.C.
P.O. Box 11032
Montgomery, Alabama
36111-0032 USA
Our street address:
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L.L.C.
505 South Perry Street
Montgomery, Alabama
36104 U.S.A.
Tel (334) 832-9090
Fax (334) 832-9071
Contact us via e-mail: usvisa@visaus.com
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