Mr. Chairman. this amendment seeks to delete one of the more mischievous provisions of H.R. 4300. H.R. 4300 overrides a rule in the Immigration and Naturalization Act that is now applied by consular officers who issue visas overseas. If a person is applying for a nonimmigrant visa. that person must prove that his or her intention is truly for a temporary stay in the United States. not for a permanent stay. If that nonimmigrant visa applicant has a permanent visa on file. there is a presumption that this person has permanent intentions to come to the United States. That is common sense. Mr. Chairman. The provision in H.R. 4300 says in effect. despite the fact that they have a permanent visa application on file. we will overlook it. It forces the consular officers to choose to close their eyes to what would otherwise be strong evidence of an aliens intention to come to the United States on a permanent basis. What would be the effect of this amendment? Well. perhaps we could have the entire fifth preference backlog applying for nonimmigrant visas. Do we really want that effect? Do we really want people coming to the United States as visitors. when their true intention is to live here permanently? Ultimately. that is the effect that this provision could have because it forces the consular officer to disregard the outstanding permanent visa application in making a determination on the intentions of a nonimmigrant visa application. I urge my colleagues to support this amendment so that current law is preserved. and so that we do not force consular officers to close their eyes to evidence that otherwise indicates that visa fraud is about to be committed. Mr. Chairman.
Identified stereotypes
People are coming to the United States as visitors when their true intention is to live here permanently.