IssueNet Archive - January 2008
IssueNet submissions fall into two categories - Report an Issue and Get Liaison Help.
Report an Issue submissions are forwarded to Policy and Practice Committee point people, who send monthly reports with their analyses and recommendations to the Policy and Practice Committee for prioritization and follow up. Submissions to Get Liaison Help go directly to Regulatory Ombuds who follow up with USCIS liaisons at the Service Centers to assist you. To read case submissions from the past month, click on the type of case below.
Your IssueNet submissions are used for:
- Agendas for liaison calls and meetings with agency personnel
- Prioritizing NAFSA's practice advocacy agenda
- Anecdotal support for policy advocacy
- Identifying areas for development of training and resources
See What Happened to Your Input!
Visit the Policy & Practice Committee Monthly Update and the SEVIS Liaison Call Summaries.
Total Issues Submitted This Month: 97
Get Liaison Help
| Type of Case |
Submissions
|
| I-765 |
27 |
| I-539 |
14 |
| I-129 |
9 |
I-131
|
1 |
| I-140 |
3 |
| I-485 |
4 |
| SEVIS |
2 |
| I-102 |
1 |
| Total this Month |
51 |
Types of Submissions
Education Abroad
|
Submissions |
| Adviser asks whether a Canadian citizen working for a US institution’s program in Kenya qualifies for emergency evacuation by the US government since she works for a US institution. |
1 |
| Adviser reports that a student studying at an intensive language school in Spain for the month of January on a visitor’s visa wants to extend through April - requiring a student visa. The consulate advised the student to send her application to the adviser’s office or to her parent to drop off at the consulate but that she must return to the U.S. to pick up the visa in person. The student cannot get back to the U.S. without her passport, so mailing her passport and picking it up in person is impossible. The student also can't return to the U.S. to apply, as her application will take weeks and she'll miss class in Spain. Is there any way to apply for a visa once in Spain? Or, is it impossible to extend the stay once there? |
1 |
| Adviser reports that student has yet to receive visa from Consulate and is less than a week from her departure date to Spain. Student applied late for visa (Dec. 3), but this was due to a delay in receipt of her passport from the State Department. When student applied, she included a memo from the adviser, explaining departure date and flight itinerary. Adviser also contacted the Embassy to let them know of student’s tight departure schedule. |
1 |
| Adviser reports that student has yet to receive visa from Consulate and is less than a week from her departure date to Spain. Student applied late for visa (Dec. 3), but this was due to a delay in receipt of her passport from the State Department. When student applied, she included a memo from the adviser, explaining departure date and flight itinerary. Adviser also contacted the Embassy to let them know of student’s tight departure schedule. |
1 |
| Adviser reports that several students who applied have not received their student visas for their exchange program in Spain. Students are scheduled to depart next week. They have had difficulty contacting the office and are debating whether to drive to Washington, DC in the hopes of obtaining their visa and passport. |
1 |
| Adviser reports that student applied for the Spanish visa on December 17th and has been told by the Spanish consulate that it will not be available until January 24th and then will not be mailed to him until January 25th. The student has a flight on January 25th. |
1 |
| US Visas |
Submissions |
Adviser reports difficulties in obtaining a visa for J-1 scholar. Scholar was originally supposed to arrive 7/1/07. When he requested an interview on 5/12/07 the earliest appointment date was 8/28/07. At the interview he was told visa issuance would take one month and was advised to obtain a new DS-2019 with 10/15/07 start date. The consulate told him the delay was due to a missing form that the officer forgot to give him. Scholar immediately faxed form to Consulate. Scholar was told the visa application was approved and to expect a call in “4-6 weeks” to send in his passport for the visa. The Consulate contacted him in late November. Scholar could not go until early January to get the visa, at which time he was told the visa had already expired and he would have to reapply. The Consulate had issued a 3-month visa with a 9/18/07 start date but didn’t contact the scholar until late November to tell him that he could send in his passport for the visa.
|
1 |
| Returning H-1B scholar went home for conference and scheduled interview for new H-visa stamp. At interview on December 14, scholar was informed about three-week delay to check documents. He has been working at a University since March 2001. Scholar has now been waiting for almost 7 weeks. He is scheduled to return Feb 1st. |
1 |
| Adviser reports that the website for the embassy in Paris requires J-1 Research Scholars to provide DS-7002. |
1 |
| Adviser reports problems with visas that had an RCL due to a medical condition that have had similar experiences. Returning student applying for the F-1 (renewal) was told she was not full time due to taking intensive English credits (which do not show up as grades on the institution’s transcripts), that she should have been taking 12, not 9, credits at the graduate level, and that she should be studying during the summers., etc. |
2 |
| Adviser reports that an Indian student applied for a visa on 12/5/2007 and was told to submit additional information as he was subject to mantis security clearance. At the time they told the student it would take about a month. It has been just over 5 weeks right now and student has already missed the first week of classes. The institution submitted a congressional inquiry and the adviser called the DOS information line on the student's behalf, but all inquiries are acknowledged as received and pending. The student was able to speak with someone on the DOS general inquiry line was told it would take several weeks to several months. |
1 |
| Adviser reports that a scholar applying for a J1 under the visiting professor category was incorrectly told she would need a DS-7002 (for intern/trainee programs) at the time of her appointment. She received this information via telephone from the US Embassy. |
1 |
| Adviser reports that in June of 2006 a returning student from Dakar requested a visa and the administrative check is still pending (1 1/2 years later). Student was in an electrical engineering Ph.D. program and only had 3 semesters left to complete his Ph.D. |
1 |
| Adviser reports that a student was denied an F1 due to incorrect submission of I-566 form (not properly endorsed, sent copies rather than originals). Student is attempting to reopen case and wants to end I-290 form but has some questions on Part 2, "Information about the Appeal or Motion." Is the adviser filing to "reconsider," to "reopen" the case, or both? Also, does student need to include additional documents in the package. |
1 |
| Adviser reports that three returning scholars who applied for H-1B visas in December 2007 at U.S. Consulates in India have reported delays due to security checks. One applied on 12/12/07 in Mumbai and two applied on 12/28/07 in Chennai. All are working in engineering departments. |
1 |
| Adviser reports H-1B professor is delayed. Scholar was told it would take up to 3 weeks in Moscow but classes start in 2 weeks. |
1 |
| Adviser reports that a student accepted into a Master's program was denied a visa to come one semester early to prepare for his studies in an intensive English program. |
1 |
| Adviser reports that a student was denied an F-1 visa to study English because the Consular officer said that student already knew Japanese and therefore did not need to study English. |
1 |
| Entry and Travel |
Submissions |
Adviser reports that an F-1 student was reprimanded by the initial inspecting CBP officer for presenting a new I-20 form that had recently been endorsed for CPT but did not have a previous U.S. entry stamp. The student did not argue and simply reiterated that his most recent I-20 had no stamp because he had not traveled abroad since the most recent I-20 was issued. The student was, however, not in possession of his initial I-20 from 2006. Subsequently the CBP officer told the student to report to secondary inspection and his customs declaration card, which the student had indicated had nothing to declare, was marked by the CBP officer as needing to declare. After waiting for some time in secondary inspection, the supervisory officer reviewed the student’s I-20 and other documentation and immediately told him that he did not need to be in secondary inspection as there was nothing wrong in the first place. It should be reiterated to frontline CBP officers that not having an entry stamp on a new, valid I-20 form is not a problem.
|
1 |
| Adviser reports that Canadian graduate student (F-1) was stopped at border entry from Canada by border patrol agent. CPT authorization to work full-time (paid) as a classroom teacher was questioned. After discussion, student was allowed to enter the country and I-20 with CPT authorization was processed. Subsequently, on Friday, January 11, ICE became involved. An agent from ICE is alleged to have gone to the elementary school (right on the U.S.-Canadian border) and informed officials there that student was being investigated by Border Patrol for working without authorization and, therefore, should be advised not to show up for work the following Monday morning. Since then, an official from the Border Patrol has been “handling the case” in collaboration with ISS at the institution. The Border Patrol official indicates that he has been consulting with staff members at USCIS in the SC. The authorization for full-time CPT is properly noted on the student’s I-20. Signed, supporting documentation from the academic department advisor indicating that “this experience will enable the student to complete the requirements for the (certificate of advanced standing in educational leadership) and gain practical application of the principles learned therein” is in the student’s file. The student has not gone to work since Friday, January 11. According to the official at the border, he will make the decision as to whether the student is or is working “legally” based on consultation with USCIS. |
1 |
| Adviser reports a PhD student who will be doing much of his research in the Amazon and even though on an assistantship he will probably be out of the country longer than the 5 month period. He will be enrolled while he is out of the country doing research. Does he have to report in at least once every 5 months or will DSO have to issue an initial I-20 more than once? |
1 |
M Visas
|
Submissions |
| Adviser reports concerns regarding the efficiency and ability for M VISA border commuter students to be approved for an extension of study, citing two issues. First, an official I-94 card cannot be included in the application due to students' current commuter status and the border requirement to show the I-94 card to cross. Second, the adviser’s last case was denied due to a required US address request, which commuter students do not have. |
1 |
| Adviser reports that while M Visas are only applicable for 12 months of study, most M students at the adviser’s institution require 18 to 21 months of study. The adviser must extend or issue a new student VISA for nearly each student. Recommend an examination of M timeframes and possible revision from one year of study to two years or 24 months. |
1 |
| SEVIS issues |
Submissions |
| Adviser reports updating institution’s I-17 for the first time. The president must sign a statement pledging that the school will keep certain information about each student. This includes each student's "admission number from the student's Form I-20 ID copy" and "telephone number in the United States." However, 8CFR 214.3(g)(1) does not say schools are required to keep students' telephone numbers or that students are required to submit phone number changes to schools. If the institutions need to collect phone numbers, do they need to do it every semester? What is an easy way to do this? The regulations say to keep a "photocopy of the student's I - 20 ID Copy." Currently the institution keeps a photocopy of the initial I-20 mailed students. It also photocopies students’ passports, visas and I-94 cards when they arrive for their first semester. If the school updates their I-20s, it keeps photocopies. To comply with the I-17, does the school need to photocopy their I-20s and I-94 cards every semester so as to have updated admission numbers? |
1 |
| Adviser reports that due to a recent upgrade several months ago, SEVIS no longer accepts registration events with a Next Session Start Date beyond the current Program End Date. Adviser has 1300-1500 active F-1 students. 1) This spring office will manually have to do a work around on 355 records to manipulate the Next Session Start date. This is VERY labor intensive and adviser believes all large schools are facing the same challenge. 2) If adviser checks the "final semester" box in the registration event and later does an extension, none of these students will later show up on the Active Students Requiring Registration Alert list (unless adviser trains all advisers to remember to manually manipulate the Next Session Start Date every time they do an extension). Adviser feels strongly that it needs to be brought up to SEVP that advisers need the OPTION during registration to 1) check the final semester box and leave Next Session Start Date blank OR put a future Next Session Start Date even if it is beyond the current Program End Date. |
1 |
| Adviser reports that institution has many majors, offered by a few departments, with increasing on-line coursework requirements. Additionally, there will be another major offered soon that will initially offer mainly on-line courses, and will gradually move on to on-line coursework only. As this seems to be the trend in higher education today, there must be other schools in the same situation, who find this equally problematic. Is there any discussion/advocacy effort/plan to offer more flexibility for F-1 students to be allowed exceptions to the one on-line course per semester/session (as part of the Full Course of Study requirement) in the near future? |
1 |
| J Exchange Visitor |
Submissions |
Adviser reports unease at sending a recently graduated J-1 student back to Kenya due to the current situation, which has prompted several travel advisories on the DOS travel site.
|
1 |
| F Student Issues |
Submissions |
Are there any efforts underway to communicate with the State Dept. about the impending crisis facing F-1 students from Kenya whose financial sponsors are unable to provide funding for the spring 2008 semester? Our 30 F-1 students from Kenya have expressed grave concerns over how they will pay their spring tuition, since many of their sponsors have been displaced from their jobs and homes, and have no access to their bank accounts.
|
1 |
| Adviser writes to advocate for a reduction in the $340 fee which F-1 students currently have to pay in order to apply for economic hardship work authorization. As these students are experiencing economic hardship it seems unfair to make them pay such an expensive fee. |
1 |
Service Center Issues
| Region I |
Submissions |
| Adviser reports that I-539 F-1 Reinstatement cannot be found in CIS status online system. The student filed F-1 reinstatement on 9/11/07; it showed pending in SEVIS. When adviser checked Status on-line with Receipt number, it shows: file cannot be found in the system. |
1 |
| Adviser reports that a student applying for post-completion OPT received a letter requesting additional evidence by 01/25/2008. The student received the letter 01/22/08, providing just 4 days to get information to the SC. The requested additional evidence was for clarification from the college PSDO on the student's "education level" although this information was already clearly marked on student’s I-20. |
1 |
| Region II |
Submissions |
| Adviser reports that F-1 student has not received EAD for pre-completion OPT. Case status on SC website says authorization approved and EAD was sent out December 5, 2007, but student has not received EAD (Student applied for Pre-completion OPT to start 10/2007). |
1 |
| Adviser reports H-1B P.P. petition delayed for two years. Petition received by SC 01/25/2006. Adviser has received no response to attempts to inquire at reason for delay. |
1 |
| Adviser reports concerns with current CSC instructions to Contract workers in mailroom. It appears if an approval notice is returned undeliverable - the practice is to have it interfiled with the file at the storage facility rather than trying to find a new address for forwarding. Here is a reply the adviser received verbatim: "Our records do not indicate the documents were returned to us as undeliverable, but it may take up to 30 days. I will update the address but there is a problem. The file has been transferred to Harrisonburg, Virginia for storage on 01/11/08. If/when the documents do return our Contractor in the mail room may just forward it to the location of the file for interfiling. I can’t do anything about the approval notice but I can stamp a new I-20 with the original approval date if you will send one to me." It seems the only option for getting an approval notice is to request a duplicate ($340 and 10 mo. wait). |
1 |
| Region III |
Submissions |
| Adviser reports EAD not yet approved or received. Student filed OPT I-765 application on October 18, 2007. Application has been pending over 90 days since January 17. |
1 |
| Adviser reports receipt notice was issued back on November 29, 2007; however, there was no record of it on the Case Status online. Adviser called the NCSC and was told that the case number did not exist so they cannot find the case. |
1 |
| Region IV |
Submissions |
| Adviser reports that student applied for OPT in Aug 2007. Student was sent back all application materials in Oct. The accompanying letter stated that student’s I-765 was a photocopy and not an original. In fact, the I-765 was an original, but the black pen she used made it appear like a photocopy. All application materials were sent back with a new I-765 signed with blue ink so it would clearly be an original. Student was issued an EAD in Nov, but it had a start date of Jan 2007 rather than Jan 2008 as indicated on the employment page of the OPT I-20. Adviser called USCIS and was told the student should resubmit everything with a photocopy of the incorrect EAD and request an expedited correction which the student then did in November. Again, a request for evidence was sent back to the student asking for the original EAD. Student immediately sent the original EAD with an expedited request. Student has now graduated but has no EAD. Student called USCIS, and was told that she would have to wait 2-3 months for the applications to be processed. |
1 |
Region VII
|
Submissions |
| Adviser reports emailing the VSC.schools email address on 1/22/2008 regarding an I-129 petition. The I-129 is outside of the normal processing time (60 days), notice date August 23, 2007. The email response the adviser received the next day was "VSC no longer entertains inquiries regarding I129 petitions in this mail box. This email address is for student issues only. The inquiry that you have submitted is in fact a referral that can best be addressed through the process that is available from the National Customer Service Call Center. That phone number is 1-800-375-5283. Inquiries regarding status and "How do I" questions may be answered via our online site at www.uscis.gov." After calling the National Customer Service Center on 1/24/2008 and navigating through the automated response systems, the adviser spoke with a representative. After answering questions about the information in the I-129 petition, adviser was told that the "target date" for immigration officer to receive the inquiry was February 23, 2008 and that a response would come between 40-90 days from the target date. |
1 |
| Adviser reports that student applied for OPT twice but was denied due to not receiving RFE. |
1 |
Region VIII
|
Submissions |
| Adviser reports that student requested transfer and extension of I-129 but Approval Notice was for Consular Processing. Adviser called the “1-800” number at the SC and asked to have it changed. Adviser was told to contact Dept of State and was not allowed to speak to anyone else. |
1 |
Region X
|
Submissions |
| Adviser reports a long delay in response from SC. A new grad student applied for pre-completion OPT on 9/11/07; SC’s denial was mailed 12/10/07, up to nearly the 90th day after the application was sent. Other students applied for OPT later and received responses sooner. |
1 |
| Adviser reports that scholar advisors used to be able to email the service center liaison at a special e-mail address. The address is now to be used only for student related inquiries. Adviser reports that it would benefit all parties if scholar advisors could have an email address as before to resolve USCIS matters. |
1 |
| Adviser reports that graduate student received a denial of OPT -"student denied OPT because student has worked 339 days of full time CPT and 241 days of part time CPT for the same level of education, for a total of 481 days of full time practical training." The student worked less than one year of full time CPT; adviser is not aware of part time CPT being added in with full time CPT. |
1 |
Region XI
|
Submissions |
| Adviser reports frustration with the new SC policy of not allowing scholar questions to be submitted to the previous email account, causing many problems for the advisers. |
1 |
| Adviser reports calling NCSC to try to correct a CIS data entry error on an I-797 H-1 extension approval notice. The start date should have been 04/01/2007 (on both I-129 and LCA) but was listed as 04/10/2007. The NCSC rep said that since the I-797 contained an I-94 the beneficiary would need to go to the local district office to have a rep there determine if there was a true service error before issuing a corrected I-94. When adviser stated that she still wanted a corrected I-797 she was told that the procedure he described was the only course of action to be taken according to CIS policy. |
1 |
| Adviser reports that institution is again experiencing problems with NCSC. Since late November, adviser has contacted NCSC on a case and has followed up on their guidance. The first call resulted in nothing (were supposed to request a correction). Second call (Dec. 19) resulted in adviser being given the SC fax number and instruction to send a fax. The third advice (Jan 18) was to mail back the 4 approval notices received for 2 petitions and that new ones would be sent. When adviser asked the officer for his ID number, he declined to give it, stating that only the information officer (who does not have a capability to do referrals) can share their ID. |
1 |
| Adviser reports that two Premium Processing H-1B approval notices (both new H-1Bs for Consular Processing) in the last two weeks have had errors in the approval dates. One had the wrong end date (2010 instead of 2011) and the other had the wrong start date (1/20/2008 instead of 02/01/2008). Both appear to be simple typos. Adviser e-mailed SC Premium Processing shortly after receiving e-mail confirmation of approval and a corrected approval notice was mailed promptly. However, since SC sends the incorrect approval notice using the prepaid DHL envelope adviser enclosed with the H petition, and uses regular mail for the corrected notice, this ends up adding about a week to the total processing time. |
1 |
