IssueNet Archive - November 2007

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.

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: 92

Types of Submissions

• Education Abroad Issues (2)
  
• US Visas (9)
• Entry and Travel (1)
• Waiver/J Exchange Visitor (1)
  
• SSA (2)
  
• SEVIS Issues (2)
  
• J Exchange Visitor (1)
  
• Service Center Issues (Broken down by Region) (14)
  

Education Abroad	Submissions
An adviser reported at a regional conference that the Spanish Consulate in Miami allows visa agencies to represent students for their student visas as long as all documents are present and photocopies of each are provided.	1
Adviser reports that the Italian Consulate in Chicago, which has jurisdiction over 11 states, requires that students apply in person for their visas. The consulate does not take appointments and is only open for business 4 days a week from 9 am to noon (closed Wednesdays). Only the first 15 people who show up each day are guaranteed an appointment. Students have had to miss class to travel to the consulate to wait in line. Adviser requested permission to deliver all of students’ visa applications but was denied.	1

US Visas	Submissions
Adviser reports that J-1 research scholar encountered difficulties obtaining visa interview at US Consulate in Riyadh and was delayed more than four months past start date on initial DS-2019. The scholar was also told at the visa interview that he could not enter the US after the start date on the (new) DS-2019, contrary to J-1 regulations. Scholar was contacted by the Consulate on 11/5/07 and told that the delay in visa processing was due to a missing form in his application that should have been given to him by the officer but he had not. Scholar immediately faxed the form to the Consulate. The officer told him that the visa application was approved and to expect a call in *4-6 weeks* to send in his passport for the visa stamp.	1
Adviser reports major delay at the US Embassy in Cyprus. A PhD student from Iran was due to begin on August 16, 2007. He applied for F-1 Visa at US embassy in Nicosia (Cyprus) and was interviewed on May 14, 2007. After three months student inquired about delay and was told that it is undergoing additional administrative processing. Due to visa delay his admission is deferred to start on January 2, 2008.	1
Adviser reports that student applied for his visa in June but didn't receive a word about his status by September. Student had to defer attendance due to extensive 'administrative procedures'.	1
Adviser reports that a J-1 research scholar has been attempting to schedule a December visa appointment in Australia for 3 months using their website and email. He has been told that the soonest appointment is January 2. He has had to cancel conference participation abroad last fall due to this and now is having to change air travel reservations. According to the DOS web site, His visa status shows a seven day wait for a student/EV visa and 24 days for all others. The scholar has waited longer than 44 days.	1
Adviser reports that an F-1 student has been waiting about 3 months for security clearance for a visa application. He was a student from spring 2006-spring 2007 and had returned home in summer 2007 for a vacation period. He is still waiting for visa clearance.	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 two scholars from Canada were told by the Consular Office they didn't need TNs, and for short visits should come in on the B visa. In fact, scholars were going to be here and be paid for much longer than 9 days (one case for several weeks, and one case for months.)	1
Adviser reports that research scholar sent a DS2019 when he made an appointment at the embassy. Scholar was told he must have a signed DS7002 from university sponsor signed by RO and Faculty sponsor before coming to visa appointment.	1
Adviser reports decline in number of Nigerian students due to the reduction of the number of F-1 and J-1 visas granted by the Nigerian government.	1

Entry and Travel	Submissions
Adviser reports that a student who transferred to her institution is always pulled into secondary because officers claim they cannot identify which school she is attending, despite a valid I-20. Student still has the same SEVIS ID number and is in active status.	1

Waiver/J Exchange Visitor	Submissions
212(e) waiver application submitted in March 2007 with the last document received on June 27, 2007. The case is delayed which may narrow his visa options as time moves forward.	1

SSA	Submissions
Adviser reports that the social security office has printed the wrong name on a Social Security card for a student. The student’s I-20 and SEVIS record are correct. SS office said they cannot make changes; only DHS can make changes. Adviser cannot contact DHS to make changes.	1
An F-1 student was offered on-campus, PT employment and applied for a SS #. On first visit to SSA student was issued a denial letter "unable to verify the immigration document you submitted as evidence" since she was not in SAVE. SSA advised to wait four weeks and call back. Four weeks later, student called back and was told that her status as a student does not authorize her to work and that she needs to go to the regional INS office to get her status "updated." Adviser was told that student needed a student visa with a work permit. When adviser pointed out that the regulations allow a student in F-1 to work (with all the proper parameters met), the SSA staff person said again that the immigration info in the computer did not authorize the student to work, and that the student needed to update. How should adviser rectify?	1

SEVIS issues	Submissions
Adviser reports that termination flags for students who were terminated for "neutral" reasons such as "authorized early withdrawal" or "change of status approved" are flagged automatically. These individuals are stopped at entry points and subjected to delays and investigations. Currently the schools must request a removal of the flag, one by one. Adviser would like SEVIS to divide the termination reasons into "negative" and "neutral" reasons and not flag the neutral reasons, saving time for advisers and the SEVIS Help Desk.	1
Adviser reports pending applications for OPT and reinstatement whose EAC numbers are not showing up in SEVIS. Also, approved OPT and reintatements are not being updated in SEVIS.	1

J Exchange Visitor	Submissions
Adviser received an alert that the institution is within 3 months of redesignation deadline. When adviser checked last redesignation in SEVIS, it says January 17, 2006. If information regarding redesignation is inconsistent in SEVIS, how should the adviser confirm the real deadline?	1

Service Center Issues

Region I	Region V	Region X
Region II	Region VI	Region XI
Region III	Region VII	Region XII
Region IV	Region VIII

Region II	Submissions
Adviser reports that an OPT denial notice was never received by student. Student inquired after three months’ time and received a letter one month later.	1
Adviser reports that a Saudi Arabian F-2 applied for COS to F-1 and received RFE asking for I-134 with a note that personal financial statements are not allowed. All Saudi students are sponsored by their government on scholarship. The form I-134 is for a US citizen or permanent resident to be a sponsor and it is not for sponsorship by government or non-US citizen. This is the second time adviser has received this statement in an RFE.	1

Region III	Submissions
Adviser reports lack of timely response from service center, in many cases going more than two weeks without contact. Over the course of three months, six fax inquiries and two email inquiries have yielded only two email responses, one in response to a second email sent by adviser regarding the same topic.	1
Adviser reports that a student applied for OPT and was approved, but the dates issued on the student’s EAD card do not match those recommended from the I-20. the dates are off by a full year.	1

Region V	Submissions
Adviser reports that student has not received EAD in more than three months. Student has not relocated. Student contacted USCIS and they did not issue an interim EAD, but instead said they would send an email.	1

 

Region VI	Submissions
Adviser reports that student applied for OPT benefit in May 2007 and did biometrics in June 2007. Adviser received a notice November 2007 requesting evidence for I-485 application filing. Adviser confirmed that I-765 application indicated (c)(3)(i)[F-1 OPT]. Adviser sent a letter to service center stating that no I-485 was filed and this if for F-1 OPT benefit.	1
*Institution submitted I-140 for EB-2 case (Adv degree Professionals) on 6/15/07 which was approved on 10/13/07. The institution requested Consular Notification but the case was adjudicated as an adjustment of status. Beneficiary still would like to do consular processing. How do we go about getting this corrected?	1

Region VII	Submissions
Adviser reports that service center is taking up to five months for reinstatement.	1
Adviser reports that student is losing employment benefit due to a 45 day wait for EAD card. Student submitted application on July 13, 2007. Receipt date is July 17, 2007. SEVIS shows application was approved. Student’s employment start date is 10/22/07. Student called the 1-800 number and was told it was going to take 45 days for card to arrive. Student is planning on returning home and losing benefit.	1

Region VIII	Submissions
Adviser reports that students applied to change from J-1 to F-1 status for the fall semester 2007 before their J-1 status expired. When the COS was not approved prior to beginning of classes in fall, adviser deferred the program start date to January 7, 2008. The student has now received a letter from service center requesting verification that they are maintaining status from the date the J-1 status expired until December 8, 2007. Can USCIS clarify the policy for when a start date has been delayed due to delay in adjudication?	1
Adviser reports receiving an email from the Vermont service center which stated the inbox was only to be used for student-related inquiries, not H-1B employment, missing I-94s, etc., contrary to its function in the past. Adviser would like to have direct contact in order to avoid long delays in receiving corrected notices, being able to notify them prior to the file being shipped to archives. Adviser reports that the national customer service phone has not been helpful and has sometimes caused further delays and complication.	1
Adviser reports that an H-1B was approved for the wrong dates. The dates were off by 11 months. This error caused the COS to be denied.	1
Adviser reports that reinstatement applications were returned with a blue letter indicating that USCIS thought they were F-1 extension applications in spite of the word "Reinstatement" written across the top of the I-539.	1

Region XI	Submissions
It has been over ninety days since I-765 was submitted.	1