By Ken Gewertz

Gazette Staff

A new federal law designed to restrict illegal immigration could cause severe problems for international students, visiting scholars, and their families.

The new immigration bill, signed into law Sept. 30, 1996, specifies severe penalties for visitors to the United States who do not possess the proper documentation or whose visas have been allowed to lapse.

Under the new law, foreign students who take longer than expected to complete their degrees and forget to file the required immigration extension applications may be deemed out of status, even if the lapse is only one day. Under these circumstances, foreign students may have no option but to return to their home country and reapply for a new visa.

Another provision of the law specifies that as of April 1, 1997, an individual who has allowed his or her status to lapse for 6 to 12 months will be barred from admission to the U.S. for three years. Those who have allowed their status to lapse for more than a year will be barred for 10 years.

The new law also states that individuals attempting to enter without the proper visa documents may be denied entry to the U.S. and barred from further entries for a five-year period.

This group could include foreign students who try to enter as tourists because their student visa certificates have not arrived on time, or foreign scholars who have been invited to give a lecture at Harvard and try to enter on a tourist visa.

"These are extremely punitive measures, and we cannot emphasize strongly enough how essential it is for all foreign students and scholars to maintain legal status at all times," said Seamus Malin, director of the Harvard International Office. "Forgetfulness about these matters is just not affordable anymore."

Sharon Ladd, associate director of the International Office, pointed out that while the law was designed to discourage individuals who deliberately seek to evade U.S. immigration regulations, its effect on legal visitors who forget to keep their paperwork up to date can be equally severe.

"At the present time, there does not appear to be any distinction in the law between illegal aliens who enter the country without any immigration papers at all and foreign students and scholars who inadvertently let their permission to stay in the U.S. lapse," Ladd said.

As severe as the new law is, the consequences for foreign visitors might have been even worse. As originally written, the law also imposed restrictions on legal immigration. These provisions essentially would have made it impossible for foreign students to stay and work in the U.S. after graduation.

Over the past year, representatives from the International Office and the Office of Government, Community and Public Affairs have worked with other academic institutions and the business community to advocate for the removal of the legal immigration parts of the bill.

According to Malin, there are now 2,850 international students and approximately 2,000 researchers and faculty members at Harvard who are affected by the new law. Family members will also feel the impact of the law, often in unexpected ways.

For example, if foreign students or scholars travel outside the country to a conference, their permission to stay in the U.S. may be extended when they reenter, but unless they remember to file the necessary paperwork, their family members may be left with expired entry permits.

The International Office has sent an "immigration alert" to foreign students and scholars and a similar alert to Harvard faculty and administrators. The Office will continue to inform foreign students and scholars at the University of what they must do to maintain legal visa status, but in view of the severe consequences that may result from noncompliance, the International Office also recommends that all schools and departments do the following:

* Be certain to notify the International Office when a foreign student or scholar is coming to Harvard.

* Remind your foreign students and scholars to register with the International Office when they arrive in the U.S.

* Never encourage foreign students or scholars to enter the U.S. on inappropriate visas (such as a tourist visa).

* Encourage foreign students and scholars to consult with the International Office before traveling abroad, accepting employment opportunities, dropping below a full course of study, or making any other change that may alter their status.

* Be certain to return the Notification of Extension/Departure form to the International Office when it is sent to the faculty sponsor or administrator.

For further information, call the International Office at 495-2789. There is also information on legal changes affecting foreign students and scholars on the International Office's new website at www.hio.harvard.edu, which students and scholars are encouraged to access.