Rumors have been flying about the effects of recent events on current visa status, future visa status, and travel options. We have prepared this FAQ to respond to some of those concerns.

Q1. With all of the recent events I have heard a lot about visas being cancelled, a moratorium on student visas, people being questioned at airports, and so on. What is really going on?

A1. Things are changing moment by moment, but the U.S. law still applies. Some basic information about U.S. law and legal procedure may help you evaluate news reports and rumors.

• Even though many congressmen and senators may have suggested extreme or disturbing laws, such as a moratorium on student visas, proposing a law does not make it so. Passing a law requires that both the House of Representatives and the Senate vote on it, pass it, and that the President sign it. For example, even though Attorney General Ashcroft wanted a law passed immediately to allow greater police powers, Congress did not pass that law. It is important to note that even in those very tense and difficult days immediately after the attack, Congress did not act in haste to give Mr. Ashcroft those powers. Note also that Mr. Ashcroft wanted the law passed because he does not have the authority to ignore the current law.
• The President has the right to issue an "executive order" pertaining to those things under his direct control. The last time the President issued an executive order with major immigration impact he (the elder Mr. Bush) granted certain protections in the U.S. to Chinese nationals immediately after the events of Tien-an-Men Square. If the president issues an order that oversteps his authority, that order is subject to challenge through the legal system.
• During difficult and unusual times, such as these, the legal system and the political system may begin to review current laws and regulations more closely. When they do, they may find old laws or regulations that have fallen into disuse or where the enforcement has been altered from original practice. They may revive the enforcement, which may have the effect of changing the way things are done. An example is a review of the law that requires all aliens over the age of 18 to carry "registration documents." That regulation was first published in 1960. Since then strict enforcement of the "at all times" language has generally been satisfied by an expectation that you would be able to produce them within a reasonable time - to get them from your apartment or safe deposit box, for example. However, the law exists and can be enforced strictly. (Domestic Travel") Another example is the requirement that you report any change of address to the INS within 10 days of moving to a new address using form AR-11. INS posts form AR-ll on its web site at http://uscis.gov/graphics/formsfee/forms/files/ar-11.pdf. (See "Address Reports")
• Emergency situations may invoke special exceptions to laws. In the same way that we are expected to follow the directions of Duke Police if there is a health or safety emergency, so national emergencies may shift the lines of authority temporarily.

The International Office will do its best to keep you advised of changes that affect you.

Q2. I have F or J student or scholar status. Will I be allowed to stay in school or continue my research?

A2. There are currently no laws or regulations that would require you to leave school. If you are conducting research in certain sensitive technology areas, it is possible that someone may contact you or your supervisor about that research. However that is unlikely. In general those who are working in sensitive technology areas are screened before they are granted visas.

Q3. If I go home during school breaks or vacation, will I be allowed to return to the U.S.?

A3. So far, there are no new laws that would prevent you from returning. All of the usual requirements for travel remain in effect. (See "Travel Abroad and Reentry") You should plan extra time if you will need to apply for a visa while you are away. Also, allow plenty of time at airports, and so on, and be sure to have your passport and visa documents with you on your person and easily accessible, not tucked away in your luggage.

Q4. I may need or want to travel to another country (not my home country). Will I have problems doing that?

A4. As a result of the attacks on the WTC and the Pentagon, many countries have heightened their visa and security procedures. Be sure to double check on whether you need a visa to enter the country you want to visit. Some countries, such as Canada and Mexico, that have not required visas in the past are requiring them now. Also be sure you have the appropriate documents to return to the U.S. (See "Travel Abroad and Reentry")

Q5. I am not leaving the U.S., but I am flying domestically to another state or city. Are there any new rules or requirements?

A5. You should take your passport, travel document (I-20, DS-2019[formerly IAP-66], I-797 approval notice, etc.), and your I-94 card with you, even if you are only traveling within the U.S. (See "Domestic Travel")

Q6. I am in the middle of a change of status to H-1B or an LPR (lawful permanent resident or "green card") petition or application. Will that be denied? Will I have trouble or delays with that?

A6. The laws regarding H-1B and LPR have not changed. The same general rules apply that applied before September 11. Certainly INS may be busy with other duties and may slow down some kinds of visa processing temporarily. It is also likely that all applications will be looked at more closely. This, too, could slow down the process. The laws and regulations set out specific reasons that a person may be denied a change of status or LPR status. INS is not permitted to just "make up" new rules. Be assured that Duke and other academic institutions will work to ensure that our students and scholars can obtain the benefits to which they are entitled. In addition, the American Immigration Lawyers Association (AILA), and its nonprofit service arm, the American Immigration Law Foundation (AILF) will be working diligently to protect the rights and benefits of all foreign nationals in the U.S. who are entitled to those rights and benefits. Duke holds membership in AILA through its Office of University Counsel and we monitor events and updates that AILA publishes for members. We will keep you apprised of important developments.

Q7. Is the U.S. going to discourage international students and be stricter with its laws?

A7. The academic community is acutely aware of how easily ill considered laws can have unintentional bad effects. Duke, along with many other academic institutions, constantly monitors proposed legislation and acts to protect and encourage international education in those laws. We have an excellent Government Relations Office that works with all parts of the Duke administration to know how proposed laws might affect higher education, and works with Congress to write laws that are reasonable and supportive of the academic environment and international exchange.

Q8. How will I know if rules change? How can I get answers to my questions?

A8. The International Office will be posting information on the "News Flash" section of our web page whenever we have reliable information to share. "News Flash" keeps a chronological archive so that you can see the latest information and go back to older notices as well.

Listen to news reports and be sure to plan ahead for any travel.

Q9. I have already waited a long time for my change of status or petition or application to be processed. It is difficult, annoying, inconvenient, or a hardship for me to wait any longer. Could I just contact a Senator or Congressman to have my paperwork expedited?

A9. You must face some difficult truths about INS processing and your place in it.

• INS is required, under U.S. administrative procedures, to handled paperwork in the order that it is received. No Congressman or Senator has the authority to put your case ahead of others in the line.
• In the current environment INS is very busy working with other law enforcement agencies. All cases, including yours, may take longer. No Congressman or Senator is likely to want to ask anyone at INS to leave that important work just to check on your case, especially if your case is progressing through the system at a normal (though slow) pace.