F1 Regulatory

1
F1 Regulatory Consular Update

• AMIE December 2007
• Elisabeth Walker and Meg Morgan
• The University of Texas at Dallas

2
References

• For this presentation www.utdallas.edu/student/in
  ternational/current/NAFSA_Region3_07.html
• For Region III conference presentations and
  handouts www.nafsa3.org/conferences/regional2007/
  conference2007hilights.asp

3
Texas Service Center (TSC)

• TSC not issuing interim EADS for slow OPT
  processing. Students encouraged to file 120 days
  prior to desired start date.
• Conference attendees report most RFEs now require
  response within 30 days. DSOs need to read RFE
  instructions carefully.
• TSC now prefers email inquiries instead of fax,
  unless accompanying documents required
  tsc.schools_at_dhs.gov
• If faxing, continue to use NAFSA fax form and
  number (214-962-1450)

4
Vermont Service Center (VSC)

• VSC fax disconnected. Use VSC email
  vsc.schools_at_dhs.gov . Email format suggested
• Expedite procedure changed. Do not request unless
  situation meets DHS guidelines. If so, go through
  Customer Service 1-800-375-5283.
• VSC requires original I94 with reinstatement
  application. I94 will be returned whether
  petition approved or denied

5
VSC - continued

• Suggested Email Format
• Receipt Number
• SEVIS Number
• Application/Petition Form Type
• Receipt Date
• Student Name
• Date of Birth
• Students Current Mailing Address
• Name of School
• Reason for Inquiry

6
Immigration and Customs Enforcement (ICE)

• Transfer FAQs updated August 2007, now say OK to
  transfer terminated and completed records
• FAQs introduced new rule If an initial student
  transfers before attending the school listed on
  the visa, the student must start classes at the
  transfer-in school within 30 days of their US
  arrival date
• Transfer FAQs www.ice.gov/sevis/faq.htm

7
Consular (from F1 session)

• To renew an F1 visa while on OPT, in addition to
  required documents, a student must still be able
  to establish intent to return to his/her home
  country.
• CBP may deem students outside the US more than 5
  months inadmissible, so DOS says it is prudent
  for such students to apply for new visas.
  Consular posts were reminded of this in March
  2007.

8
Social Security

• An OPT student must obtain the EAD before
  applying. (SSA rep at previous conference
  indicated a receipt was sufficient.)
• Students must present an I94 or replacement I94,
  there are no substitutions
• New SS Card format Issue date in bottom right
  corner and cardholders name split onto two
  lines first name, then last name.
• If a students first and last names do not match
  SAVE database, an electronic inquiry is sent to
  DHS. If successful, card may come within 2 weeks.
  If not, a fax is sent to DHS Los Angeles. This
  process often takes 4 weeks.

9
USCIS

• Schools report COS B1/B2 to F1 requests denied if
  the B1/B2 expires more than 30 days before the
  COS I20 program start date

10
Department of Public Safety (DPS)

• If a student loses his/her passport and has it
  replaced, it is OK to use new passport (without
  visa) for TX DL as visa is not required. (This
  may change with REAL ID.)
• If a student has a COS I94 and a standard I94,
  DPS suggests taking both for DL application.
• All DPS counter help are told not to deviate from
  specific written instructions and may have
  received minimal training. If a student feels
  he/she are given incorrect or unhelpful
  information, they should ask to speak to a
  supervisor.

11
SEVIS

• Anticipated date for recertification's to begin
  is October 2008. Schools will be notified 180
  days prior to filing deadline. No fee information
  yet.
• SEVP says best preparation for recertification is
  to keep I17 up to date and periodically review
  student files. SEVP I17 resource
  www.ice.gov/doclib/sevis/pdf/i17_process.pdf
• SEVP continues to add resources at
  www.ice.gov/sevis
• SEVIS II scheduled for release May 2009!
• Control of Regulations moving from USCIS to
  ICE/SEVP. No details given.

12
Consular Update

• Applying for Visas in Home Country
• DOS likes all Fs and Js to apply for visas in
  home country
• Expect delays in appointment scheduling visa
  issuance
• All applicants between 14-79 require an in person
  interview
• Students should consider applying 60 days prior
  to expiration of current visa
• All posts have a priority system for students and
  scholars

13
Consular Update

• Border Processing in Mexico
• To book a visa appointment go to
  www.visa-usa.com.mx
• Renewals of F, H, L, J, M, I, O, P and Rs are
  processed
• Change from B-1 or B-2 if there is a prospective
  student notation
• Change of Status from F to H or F to J if
  previous visa issued in home country or border
  post

14
Consular Update

• Border Processing in Mexico
• E-1 and E-2 visa applications not accepted
• COS from B-1 or B-2 or VWP to any other NIV
  category not accepted
• Some list of 26 and state sponsors of terrorism
  not accepted (Syria, Iran, Sudan, North Korea,
  Cuba
• List of 26 should expect security check and
  possible valid visa cancellation

15
Consular Update

• Border Processing in Canada
• Book a visa appointment at www.nvars.com
• Toronto and Vancouver process Es only for
  Canadian citizens and landed immigrants
• COS from B-1 and B-2 generally not accepted
• Generally accept visa applications from List of
  26 and T-5, but they should expect security
  checks and cancellation of current visa
• Applicants must have complied with NSEERS
  Departure Registration
• Applicants must have visa that allows them to
  stay in Canada during security check and can
  leave Canada while pending if they have a
  multiple entry visa

16
Consular Update

• Border Processing Issues
• NSEERS Registrants who do not do a departure
  interview are not eligible for US visa
• DOS recommends to not send visa applicants to
  border consulates who have an expired date
  specific I-94 card or who are OOS and have not
  been reinstated
• OOS individuals may have difficulty getting
  Canadian visa
• All TCNs applying for US visa in Mexico must
  obtain Mexican entry permit or visa

17
Consular Update

• Who is subject to Special Security Checks
• List of 26/27 males born in or citizens of
  Afghanistan, Algeria, Bahrain, Bangladesh,
  Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq,
  Jordan, Kuwait, Lebanon, Libya, Malaysia,
  Morocco, Oman, Pakistan, Qatar, Saudi Arabia,
  Somalia, Sudan, Syria, Tunisia, UAE, Yemen and
  maybe Turkey
• Individuals who are studying or working in areas
  on the Technology Alert List such as Material
  Science, High Speed Computing, Nuclear Energy,
  Avionics
• Any individual who has been subject to prior
  fingerprinting, arrests or convictions

18
Consular Update

• Security Checks
• Visa Condor based on country of birth,
  citizenship or residence, persons born in T-5 or
  List of 26 are subject, typically takes 3-4 days
• Visa Mantis sensitive technology clearance,
  valid for two years, typically takes 14-15 days
• Donkey name hit based on non-criminal issues,
  typically takes 45 days
• NCIC Checks information on terrorists and
  foreign warrants, includes criminal convictions
  or arrests, 85 fee for Fingerprinting and
  several day wait for FBI results
• To follow up on Security Checks if pending 45
  days call Visa Office Public Inquiries
  202-663-1225, For Fs and Js call 202-633-1851

19
Consular Update

• Documents to Carry to Consular Interview
• Forms DS-156, 157, 158
• Complete copy of application sent to USCIS
• Passport valid for at least six months
• 2 color passport photos
• Current job verification/good standing letter
• Recent pay stubs/transcripts
• Original diplomas and transcripts
• Tax Returns W-2s
• Original signed I-20/DS-2019
• Proof of finances
• Maintenance of Status Documents
• Proof of relationship of dependants
• Always check DOS website and individual Consular
  website and AILAs Visa
• Processing Guide