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| The Florida Association of REALTORS® has been tracking the proposed changes to the INS foreign visa rules and how the changes might affect the state, which has a large 2nd home market. Below are excerpts from Florida REALTOR® magazine, which has been tracking the issue over the past several months. KISSIMMEE, Fla. -- July 16, 2002 -- While the U.S. Immigration and Naturalization Service (INS) considers limiting the stays of foreigners, other branches of the federal government also plan to make it more difficult to visit the U.S. Yesterday, the U.S. House Subcommittee on Civil Service, Census and Agency Organization held a field hearing in Kissimmee and found that Central Florida law enforcement and tourism officials favor a tightening of the nation's visa laws governing visits by foreign nationals. The tourism officials, meeting with U.S. Reps. Dave Weldon, R-Melbourne, and Ric Keller, R-Orlando, discussed a range of proposed visa changes prompted by the Sept. 11 terrorist attacks, including a move proposed by Weldon to transfer the U.S. visa program from the Department of State to the recently-created Department of Homeland Security. Through the discussion, Weldon and Keller hoped to find out how much it might impact Florida tourism if it became more difficult for foreign tourists to enter the country. "Some may argue that a thorough visa-review process will create delays that would be detrimental to the tourism industry," said Mike Horner, president of the Kissimmee/Osceola County Chamber of Commerce. "I would argue that nothing would be more harmful than another terrorist attack." The Department of State oversees visas, which essentially give foreign nationals permission to enter the U.S. The INS then mans the borders and checks visitors' documentation upon entry. Actual documentation needed varies by length of stay, country of origin and other factors. A Visa Waiver Program (VWP), for example, exempts 28 countries from needing a visa. Even if visitors hail from those countries, however, the INS still requires them to have a visa if they plan to stay longer than 90 days. The move could affect a number of visitors entering Florida from Central and South America -- only Uruguay is listed as one of the 28 countries participating in the VWP program. But according to Pamela Groover, a spokesperson for Rep. Weldon, the tighter visa rules will not keep most potential Florida homebuyers out of the country. "It's not going to be more difficult [for Florida Realtors serving international markets]," Groover says. "It's actually going to provide a security measure. Local law enforcement said they need tighter visa control because the economy in Florida cannot handle another Sept. 11." Rep. Weldon says that the change is needed in order to target a few specific countries. "Recent news reports have brought to light a program in Saudi Arabia called Visa Express," he explains. "It allows Saudi travel agents to process visa paperwork on behalf of Saudi and non-Saudi residents. Three of the Sept. 11 terrorists obtained their visas this way -- never being interviewed by anyone in the Consular office [prior to arriving on American soil]." Many legislators are now feeling pressure to strengthen visa laws. All Sept. 11 hijackers had visas, including 15 who had tourist visas, which allow visitors to stay up to six months. In order to make entry into the country more efficient, Weldon, who chairs the subcommittee, believes that visa oversight should be under the Department of Homeland rather than the State Department, which has other issues and diplomatic priorities it must deal with at the same time. Questions, comments or suggestions on this article? Have a news tip? Send us an e-mail: newseditor@planetrealtor.com. To read our editorial guidelines, click here. © Source: The Orlando Sentinel, Scott Powers, July 16, 2002 © 2002 FLORIDA ASSOCIATION OF REALTORS -- House committee debates INS proposal to restrict international visits WASHINGTON -- June 20, 2002 -- Florida Gov. Jeb Bush testified via videotape before the U.S. House Small Business Committee yesterday, saying a proposed rule that would affect millions of international visitors concerned him. A proposed rule limiting visits by aliens to 30 days affects all 50 states, but states like Florida that have a heavy second-home market would be hit the hardest if tightened rules impact home sales. "My state, Florida, is among the world's most popular visitor destinations," Bush testified. "Last year, we welcomed nearly 70 million people. Of that 70 million, about one in 10, or nearly eight million, came to us from a country other than the United States. Gov. Bush told the committee that the rule, while not yet effective, already causes problems because of "the relative misunderstanding of what the proposed rule change would actually mean...We have experienced considerable correspondence from individuals and organizations around the world who either believe that the proposed rule changes would prohibit any international visits to the United States beyond 30 days, or that the proposed rule is, in fact, already in effect. Such misperceptions have led many to ponder other vacation destinations beyond the United States, or a sell-off of their vacation investments and properties in Florida." Ellen White, president of the Ontario-based Canadian Snowbird Association, echoed Bush's sentiment, saying that she's fielded a number of calls from Canadians concerned about the proposed changes. According to White, a custom officer already turned away one Canadian who did not have a deed to his U.S. home with him. "It's nice to say that Canadians are not part of this [proposed change], but there's nothing in writing," White says. "They're scared to go to the border." But INS Commissioner James Ziglar says he will correct that by putting it into writing -- and he will do so within the next two weeks. U.S. Rep. Donald Manzullo, R-N.Y., the chairman of the committee, joined Ziglar in making the announcement. In addition to Florida leaders, Mark McDermott, director of the Arizona Office of Tourism, says that Western states also have a lot to lose if the rule goes into effect. McDermott cited Department of Commerce statistics from 2000 that claim more than 900,000 visitors stayed longer than 30 days. According to McDermott's figures, those visitors each spend an average of $46 per day. McDermott and other tourism leaders recommended an automatic three-month visa instead. Under their plan, that visa could be extended up to one-year. They also asked the INS to consider other factors -- such as whether or not the applicant owns a home in the U.S. or plans to rent an RV for an extended stay -- when making length-of-stay decisions. Ziglar says that nothing has been finalized yet. After his agency proposed the immigration changes, it received over 10,000 comments from the public, and he will make a final ruling only after considering the industry input. Questions, comments or suggestions on this article? Have a news tip? Send us an e-mail: newseditor@planetrealtor.com. © 2002 FLORIDA ASSOCIATION OF REALTORS -- Proposed immigration changes already affecting residential sales FORT MYERS, Fla. -- June 19, 2002 -- As the Immigration and Naturalization Service (INS) considers restricting foreigners' stays to 30 days, international Realtors have become calculating how restricting access to the United States will impact the number of foreigners interested in buying a Florida home. Other industries say it already has. The INS proposal would require foreigners who wish to extend their stay past 30 days to obtain permission prior to entering the country. The agency has no timetable for issuing a new rule, and an announcement could be months, or even years, away. Businesses related to real estate have already reported a slowdown. Michaela Poole, a Cape Coral insurance agent, says that some clients have already sold their property because they fear a dip in value should the INS come back with a rule that negatively impacts foreign home sales. Frank Dethlefsen, a Southwest Florida moving company president, claims that he's lost business for the same reason. Monika Ludwig, a Naples immigration attorney, says that she has spoken to both Gov. Jeb Bush and U.S. Sens. Bob Graham and Bill Nelson about the problem. According to Ludwig, all three have said they "want to see some measure included that would protect investors and tourists who have vacation homes here." According to a study commissioned by the Lee County Port Authority, German visitors in Southwest Florida alone spend $115 million per year in the area and pay $5 million in local taxes. The Authority found that between 20,000 and 80,000 Germans live in the area either year-round or part-time. Questions, comments or suggestions on this article? Have a news tip? Send us an e-mail: newseditor@planetrealtor.com © 2002 FLORIDA ASSOCIATION OF REALTORS -- Canadian snowbirds take issue with proposed INS rule WASHINGTON -- May 20, 2002 -- If protest letters and e-mails are any indication, Canadian snowbirds -- a staple of the Florida second-home market -- aren't happy with an Immigration and Naturalization Service (INS) rule that would force them to request permission to stay in the state longer than 30 days. "We've been fielding an unbelievable number of phone calls from Canadians wanting to sell their property in America and being very concerned overall," says Heather Nicolson-Morrison of the Canadian Snowbird Association. So far, the INS has received more than 10,000 e-mails and 300 letters protesting the proposed rule. The confusion and panic result from a difference in what federal officials are saying and what they have written into the proposed rule. Under the proposed rule, foreign visitors may still stay in the U.S. up to six months, but only a 30-day stay is automatically granted. To stay six months, foreigners would have to request a longer stay when then enter the country and explain why permission should be granted. The INS hopes that the requirement to request permission for a longer stay will give them greater control over people entering the country, a result of the Sept. 11 events. But federal officials are saying that the rule does not apply to Canadians, implying that they may continue to stay in the United Sates for six months without special permission to do so. "It was a misunderstanding," INS spokesman Chris Bentley says. "Canadians always have and will continue to be allowed to enter the U.S. for up to six months. The proposed rule will not affect the length of stay for Canadians entering the U.S." Other government officials agree. "According to Mr. Tom Ridge of the Homeland Security Office, Canadians will not be affected," says Nicolson-Morrison, who notes that the verbal assurances have not yet been written into the proposed rule. "What we're saying is, put it in writing so we don't get hassled at the border. I heard that a memo would be written regarding Canadians, but a memo is not a rule." If the exception for Canadian visitors is not written into the new rule, Nicolson-Morrison says that the need to seek approval for a longer stay at the onset of each visit, by itself, will affect the Canadian snowbird market, especially for those considering long-term commitments, such as home buying. "They just don't want to deal with the hassle," she says. The new regulation should be officially published in June or July. "In 2000, approximately two million Canadian tourists spent $1.43 billion in Florida," says Visit Florida spokesperson Tom Flanigan. "We are supporting the industry's plea and the plea by Gov. Bush to the INS to clarify the proposed rule so as not to unduly concern those international visitors who would not be impacted." Questions, comments or suggestions on this article? Have a news tip? Send us an e-mail: newseditor@planetrealtor.com. © 2002 FLORIDA ASSOCIATION OF REALTORS -- Proposed visa plan could shock Florida's international real estate market ORLANDO, Fla. -- May 10, 2002 -- International snowbirds -- and the real estate they buy or rent -- could take a hit in Florida if a proposed Immigration and Naturalization Service (INS) ruling goes into effect. Comments on the proposal are due to the INS on Monday. Foreign visitors who now live in Florida for the winter months, many of whom rent their homes to others during the remainder of the year, could find their standard tourist visa-allowed stays knocked from six months down to 30 days as a result of last fall's terrorist attacks. Currently winter visitors may stay up to six months. The proposed change results from increased concerns following the Sept. 11 attacks and criticism that the agency does not adequately monitor foreigners allowed into the country. Under the new plan, foreign visitors who wish to stay longer than 30 days would need to get permission to do so each time they visit, according to Chris Bentley, an INS spokesperson. Extensions, up to six months, would be based on the purpose of the visit. "Even if someone gets less time that they thought they needed, they would still be able to file a form to extend their stay," adds Bentley, explaining that the INS inspector upon arrival is not necessarily the final word. Still, the process could deter snowbirds from buying real estate if they're never sure from winter to winter whether they will be granted permission to stay more than one month. "Overall, that would be a negative impact on real estate sales in Florida," says Mike Levine, of The Kissimmee Real Estate Co. in Clermont. "The easier we make it for our friends to come across and visit, the more frequently they'll do so." John Gay, vice president of public affairs for the American Hotel and Lodging Association, says that people will not plan a vacation for longer than 30 days -- much less buy a home here -- if they don't know how long they can stay. "If another country had this rule, I wouldn't buy a six-week or two-month travel package," Gay says. Not everyone at the federal level agrees with the proposal either, including U.S. Sen. Bob Graham, D-Fla., chairman of the Senate Intelligence Committee. Graham calls the proposed change "unworkable and chaotic." He believes that it will not do anything worthwhile to deter terrorism, but it will "needlessly damage" Florida tourism. In fact, Graham sees Florida as the state most at risk. "A bona fide winter resident of Florida will not be a security threat by staying in our state for five months," Graham wrote in a letter to the INS last Thursday. "A bona fide terrorist has the potential to be a security threat by staying in our state for even a few hours." Gov. Jeb Bush agrees and also sent a letter to the INS last week. According to the governor, the foreign tourists affected by the move spent $5.5 billion in Florida last year. Many of those tourists, he notes, are considered part-time residents of the state. Those who own property not only pay property taxes, but most actually pay more than full-time residents since they're not eligible for the homestead exemption. "If this rule comes into force, we will certainly sell our home and go," says Stephen Brown, 57, a retired aviation manager from Manchester, England, who spends the winter months of the year in Central Florida's Mount Dora. The Sept. 11 terrorists stayed in the U.S. on the traditional six-month tourist visa before applying to stay longer with a student visa. Those student visas were approved and arrived six months after the hijackers died in the attacks, which embarrassed the INS. The INS has already received 10,000 e-mails on the topic along with 300 comment letters. Anyone wishing to offer an opinion must do so by Monday. Final rules should be issued in 45 to 60 days, according to Bentley, who notes that, if passed, it will be easier for INS agents to realize when immigrants overstay their welcome. That will make it easier to weed out terrorists. But opponents say the rules are vague and create undue obstacles for law-abiding vacationers. Also, they note that the decision on whether or not a specific individual will be allowed to stay rests with the INS decision-maker -- and it's a very subjective decision. "They [INS inspectors] are overworked, understaffed and underpaid," says Rick Webster, director for government affairs for the Travel Industry Association of America. " Their job is to determine admissibility. Their job is not to be a vacation cop." The complete proposed rules are posted on the Internet. To submit a comment to the INS, send an e-mail to: insregs@usdoj.gov. The phrase "INS No. 2176-01" must be included in the e-mail's subject line. To respond by mail, comments must be postmarked no later than Monday, May 13, 2002. Send letters to: Director, Regulations and Forms Services Division, Immigration and Naturalization Service 425 I Street, NW, Room 4034 Washington, D.C. 20536 Questions, comments or suggestions on this article? Have a news tip? Send us an e-mail: newseditor@planetrealtor.com. Source: Orlando Sentinel, Kelly Brewington, May 10, 2002. © 2002 FLORIDA ASSOCIATION OF REALTORS |
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