Open Door closses to Zero Tolerance
-Sudhir Shah, Advocate, Mumbai

It was in 1942 that the Christopher Columbus, whilst on the way to find a new route to reach India, discovered America. Since then people from all over the world have migrated to US. In the beginning migration to USA was open and unrestricted. There were no Laws to prevent anyone from entering USA. Slowly and gradually all those who had migrated to USA felt the need to restrict the entries of others and thus since the year 1639 laws were enacted to prevent people from entering US. In the beginning beggars were prohibited from entering US. Prostitutes were not allowed to migrate to USA. Criminals and people having communicable disease were considered inadmissible to US. Slowly and gradually the list of inadmissibility went on increasing and today there are almost 100 grounds on which you may be considered inadmissible to enter US. In addition to these laws a head tax was imposed. Any one entering US was obliged to pay 50 cents by way of head tax. This was raised to US$2 and then to US$8. This head tax is prevalent even today in the form of different visa fees. Till the year 1965 Asians, which included Indians too, were not allowed to sponsor their near relatives for an immigrant visa under different Family Preference categories.

Despite all these restrictions, US had an Open Door Policy towards aliens desirous of migrating to US. However this Open Door Policy suddenly changed to Zero Tolerance Attitude. Osama Bin Laden lead terrorist demolished World’s Tallest Twin Towers situated in New York City on September 11, 2001. This made US to drastically change its immigration policy. Within months from the day terrorist attacked World Trade Center the US Govt. enacted USA Patriot Act and then enacted Homeland Security Act of 2002. It abolished the age old Immigration and Nationality Services popularly known as INS and replaced it with Homeland Security Department. Personal presence to apply for any kind of US visa became mandatory. Little things here and there which were till then overlooked were insisted upon.

It is therefore necessary that anyone who is desirous of obtaining any type of US visa should first know what is required of them to show to the Consular officer.