The following articles were published in the ECIS newsletter called The Circular. (http://www.ecis.org/colleges/circular.htm)

They provide very important and current information regarding the immigration policies of the USA. If you are planning to attend a University in the USA, understanding these articles will help you obtain your visa and maintain your legal foreign student status. -MBD

Obtaining a Student Visa

Peter Briggs, Michigan State University

The processes for obtaining a student visa and maintaining your legal immigration status while in the U.S. have, unfortunately, become more complicated since September 11, 2001. The changes in these government regulations are the result of policymakers facing the challenge of how to balance the need to live in a free society while protecting our borders from terrorism. Please note that these regulations are likely to continue to change and the information in this article might be out of date by the time you read this. It is for this reason that you are advised to check with the International Student Office at the school you have selected to attend to get the latest information. In addition, the U.S. Department of State provides updated information on student visa issues on the section of its web site dealing with visas (http://travel.state.gov/visa_services.html#niv).

One thing is clear. The doors of the U.S. institutions of higher education remain open to international students. Advisers both in and out of the U.S. will simply need to learn the new regulations and adjust to a bit of increased bureaucracy. U.S. Consulates around the world are continuing to issue student visas and the U.S. still hosts more international students than any other country in the world. What does this mean to you? Do not be discouraged. The purpose of this article is to provide you with the understanding of how to obtain a student visa.

What is an I-20 Form?

When an institution in the U.S. admits a student who is not a U.S. citizen or permanent resident, they must issue a Certificate of Eligibility, more commonly known as a Form I-20, that the student can use to apply for an F-1 (student) visa. The information on the Form I-20 indicates several important points.

• The institution has determined that they have reviewed your academic records and that you are academically qualified to be admitted to the degree program offered by the institution.

• The institution has determined that sufficient financial support is available to you for the period of time you need to complete the degree program to which you have been admitted. The institution should not issue the Form I-20 to you until you have provided them information on your ability to meet all estimated educational and living expenses. It is for this reason that they probably asked you or your parents to provide them information about how you plan to budget for the cost of higher education. Demonstrating financial responsibility is one of the most important steps in applying for a student visa. The school states their estimate of the full cost of education in section 7 of the I-20 and they state the financial information they have about you in section 8. It is common that verification of health insurance to meet any catastrophic problems is included in the financial information.

• The institution states in section 6 of the I-20 that they have determined that you either have the proficiency in English to enroll as a full time student or that you must enroll in special language courses to bring your language skills to the level required by the institution. This is usually done by requiring you to provide scores on standardized tests like the Test of English as a Foreign Language (TOEFL) or the Scholastic Aptitude Test (SAT). Section 6 of the I-20

• Section 5 of the I-20 indicates your major as well as the dates of when you must report to the school and the length of time they expect it will take you to complete the course of study. This is all important information, but the date of reporting is essential for you to know. If you cannot arrive in the U.S. by the reporting date listed for your initial attendance at the school, U.S. immigration laws will not allow you to enter the U.S.

• Your name and your date of birth are listed in section one of the form. The spelling of your name should be the same as it appears in your passport. If the spelling of your name is different, or if the date of birth is not listed correctly, you should contact your school to request a new form with corrected information.

The role of the U.S. Consul

If you have your Form I-20, you are now ready to make an appointment to apply for the F-1 visa at the U.S. Consulate. You should make an appointment as far in advance as possible. Given new security regulations and background checks that are taking place, it is now taking longer to obtain U.S. visas. You should take with you a valid passport, your Form I-20 and the same financial verification information that you provided to the institution.

The Consular Officer has several decisions to make about you.

1. Do you have sufficient financial support? This is why you must present the financial documents.

2. Do you intend to return to your country upon completion of your studies? U.S. visa laws assume that every applicant for a nonimmigrant visa intends to remain in the U.S. It is therefore up to you to demonstrate that you have strong ties to your home country and that your intent to enter the U.S. is to depart upon degree completion. In short, you will be in the U.S. for a temporary period of time, and not permanently. This can be challenging. Here are some suggestions.

• Economic ties: These include your family’s economic position, property you may own or inherit, and your economic potential when you come home with a U.S. education. Family and social ties: How many close family members live in your home country, compared to those who may live in the United States? Can you demonstrate involvement in your school or community that would be indicative of a sincere connection to your town or country? What leadership, sports and other roles have distinguished you as a person who appears likely to return home and play a role in the community?

What is SEVIS? The U.S. Immigration and Naturalization Service (INS) maintains records on all students in the U.S. This system, known as the Student and Exchange Visitor Information System (SEVIS) is scheduled to be fully implemented by January 30, 2003. SEVIS is an internet-based system that involves electronic reporting of information. When the institution issued your Form I-20, your name was entered into SEVIS and this system will monitor your progress during the time you are in the U.S. [See article on page 1] What if you are refused a visa? If your visa application is denied, the Consular Officer is required to give you an explanation in writing. You have the right to apply a second time, but if you reapply, make sure to prepare carefully. The Consular Officer will want to see new information from the first application that was refused. Some things not to do 1. When your intent is to be a student in the U.S., do not enter the U.S. on a tourist visa or, if you are from a country that participates in the visa waiver program, simply enter on that program. You must obtain and use the F-1 visa. The U.S. will consider that you have misrepresented your purpose for entering the U.S. if you use an incorrect visa. 2) You are required to attend the institution whose I-20 you used to enter the U.S. It would be a mistake for you to use the I-20 from one institution to enter the U.S. and then actually enroll in another school. This can be tempting if the school that is your first choice offers you admission quite late. You will create legal problems for yourself if you fail to enroll at the institution that issued the Form I-20 you used at your port of entry to the U.S. Obtaining the visa and entering the U.S. is the first step in a much longer relationship with the U.S. When you arrive in the U.S., you should become familiar with your responsibilities to maintain your student visa. Students who are serious about their studies should not expect difficulties with the new immigration rules.

Kristin Crosby, Bates College

The previous article, "Obtaining a Student Visa", was written by Peter Briggs of Michigan State University. It highlighted the two main issues that ultimately lead to the refusal or issue of a visa--documentation of sufficient financial support and the student’s ties to the home country. However, all too often this information is not enough to earn the visa. In fact, in the November 15 Chronicle of Higher Education J. Richard Walsh, Chief of the Consular Section in Shanghai, stated that U.S. Visa Officers "are bound by United States law to assume that each applicant is intending to immigrate until the applicant proves otherwise." It is even more defeating to learn that a Consular Officer will make a decision as the student approaches the counter, even before the student has had an opportunity to speak. The positive side to that news is the hope that maybe some of the situation is within the student’s control. I decided to poll educational advisors and regional education coordinators around the world, because many of them give workshops on how to prepare for the face-to-face meeting with the Consular Officer. It turns out that there are a number of things students can do to better prime themselves for the Consular Interview. I’ve summarized some of the most helpful advice below.

PRIOR TO RECEIVING THE I-20 Students should understand that colleges and universities have different policies about sending the I-20 form. Some may send the form with the letter of acceptance. Other institutions may send out the I-20 only after receiving the student’s deposit. All institutions are strongly encouraged by the state department not to send out the visa form any earlier than 90 days prior to the expected date of arrival in the U.S. So students who are accepted early decision and want to get a head start on the visa process, or who wish to enter the U.S. to travel should still expect to receive their I-20 no earlier than May. Of course that leaves the time frame to apply for the visa in June, July or August – the busiest months in most U.S. Consular sections. Organization and planning ahead can help prevent the need for repeat visits to the embassy or consulate. Students can begin to compile the following information at any time.

Find out what fees are required. How much are the fees, and in what currency should they be paid? The current fee for the visa is $100, but there may be additional interview fees, and they may need to be paid in local currency. A receipt for the visa processing fee will be required at the time of application.

Acquire the necessary forms. The I-20 is not the only necessary document! Students may need any of the following: a completed nonimmigrant visa application form (Form DS-156 and Form DS-157 (for men of age 16-45); Form DS-158; or Form DS-2019. Blank forms are available without charge at all U.S. consular offices and on the Visa Services website under Visa Application Forms (http://www.travel.state.gov/).

Make sure the student’s passport is valid for at least 6 months after the anticipated date of entry into the U.S.. If the student suspects that the college or university has different data on file than what is listed in the passport (such as the spelling of the name), be sure to send the correct information as early as possible so that the institution can send the I-20 with data that exactly matches the passport.

Obtain up to three photographs. The U.S. State Department travel web site further specifies that the photo be "1 and 1/2 inches square (37x37mm), showing full face, without head covering, against a light background."

Gather financial evidence that shows sufficient funds to cover tuition and living expenses during the period of intended study. Maureen Aldakheel of Amideast Kuwait suggests the following for her advisees: "If the sponsor is a salaried employee, please bring income tax documents and original bank books and/or statements. If the sponsor owns a business, please bring business registration, licenses, etc., and tax documents, as well as original bank books and/or statements."

Find out if an in-person interview is necessary and schedule the appointment approximately 2 months before start of the program of study. In most countries, first time student visa applicants are required to appear for an in-person interview. However, each embassy and consulate sets its own interview policies and procedures regarding student visas. Students should consult Embassy web sites or call for specific application instructions (http://www.travel.state.gov/).

ADDITIONAL RECORDS THAT MAY BE REQUESTED

While getting prepared early can put the student ahead of the game, some students may find that such documentation still is not adequate; they may be required to provide the following academic credentials:

Standardized test scores such as TOEFL, SAT, GRE, ACT, etc.

Transcripts and diplomas from previous institutions attended, national examination results, or "school leaving" records.

Maureen Aldakheel (Amideast Kuwait) informs her advisees that they may be required to read aloud from an English-language book or newspaper, and to paraphrase in English what was read. The applicant may also be asked to read aloud and explain some of the conditions set forth in the I-20 Form. As if all of that were not enough to worry about, Zaneta Savickiene of the Education Advising Center in Vilnius, Lithuania advises that students should be prepared to speak briefly about the following topics. Describe why the student wishes to study at the particular college/university Explain how the degree will lead to a future career Demonstrate as many ties as p[possible to the home country – family, job market, etc. Discuss the possibility of finding work after returning home (letters from potential employers, luck of specialists with the U.S. degree, etc.)

PLANNING FOR THE CONSULAR INTERVIEW Once all of the documents have been gathered and the interview appointment has been scheduled, it’s time think about preparing for the face-to-face meeting. Gerald Wunsch, member of NAFSA's Consular Issues Working Group and a former U.S. Consular Officer published a list of tips for a successful interview in NAFSA’s Focus. (The full article can be found on the NAFSA web site.) Key items include: First impressions are key – what you say first and the initial impression you create are critical to your success. Speak up for yourself – don’t bring family members to the interview. The officer wants to interview the student, not the family. Be positive – do not engage the consular officer in an argument. If denied a visa, ask the officer for a list of documents to bring next time in order to overcome the refusal and try to get the reason for the denial in writing. Focus on learning time – do not under any circumstances mention any intention to work in the U.S. after completing the study program. (On or off-campus work during studies is allowable and supplementary to the main purpose of completing an education.) And some final words of wisdom come from the U.S. Education Advisor in Singapore, Scott Probst. Be confident, sincere, direct, and willing to answer any question. Answer all of the questions honestly. Be yourself. Thank you to all of the Educational Advisors who responded to my survey. Here’s hoping that this year’s batch of students manages the Visa process with ease.

The year and years ahead will be a new experience for those of us in the field of international education. How the U.S. will balance our need for homeland security with the worthwhile benefits of international exchange is a work in progress. Homeland security is the national agenda in the U.S. and the government is taking a stance of zero tolerance. This appears on our campuses in several ways.

• The Student and Exchange Visitor Information System (SEVIS) began January 30, 2003 and now changes the relationship that institutions have with the U.S. government. Not only are institutions dependent on the INS database to be able to generate the I-20 forms students need to apply for their F-1 visas, there is now electronic reporting of information. SEVIS is the biggest change in the field of international education in the past fifty years.

• The National Security Entry-Exit Registration System (NSEERS) applies to students from only selected countries at this time, but there is speculation that this is a model for how the U.S. government more widely will keep track of how foreign nationals arrive and depart from the U.S.

• The U.S. government is concerned about sharing sensitive areas of science and technology with international students. Campus officials are likely to see more instances of visa delays of those international students majoring in technical and scientific fields.

SEVIS is the most significant of the new programs, but not everything has changed. Students will still apply and be admitted to U.S. universities. They will still apply and be awarded student visas. What is new and what is business as usual? Here are a few points that campus admissions officers need to know about SEVIS:

1. Student risk is increased and students bear more responsibility to know regulations and maintain their legal student status.

2. With a climate of zero tolerance, what once were considered to be only minor or technical violations will have more serious consequences.

3. Reinstatements of students who have fallen out of status appear to be nearly impossible.

4. Strict limits are now in place for any students wishing to enroll for a reduced course load. A student can take a reduced course load only once in an entire degree program for academic difficulties and limits are set at one year for any student facing medical problems.

We must get our students to take the new compliance issues seriously. It remains to be seen if our colleagues overseas feel a cooling of the historic friendship and openness that U.S. universities have valued. What should our message be when we are communicating with prospective students?

• The U.S. still welcomes international students and institutions will learn to work with the government regulations that are put in place in reaction to the tragedies of September 11.

• These programs are just starting so we are in the initial period of adjusting to them. We have a lot to learn and there may be some growing pains in the beginning.

• In particular, SEVIS requires a high level of technological sophistication. If your campus is not prepared, there may be some delays in issuing I-20 forms and complying with the reporting requirements. The INS’s SEVIS database system will serve all institutions that host international students and time will tell if their technological capacity is up to the task.

John Kennedy called himself an idealist without illusions. These new regulations are here to stay. There should be no illusions about that, but we can still be idealistic in our work.

HOMELAND SECURITY ACT, ALIEN REGISTRATION REQUIREMENTS, AND OTHER RECENT IMMIGRATION LAW CHANGES

By Richard M. Rawson

HOMELAND SECURITY ACT OF 2002

On November 25, 2002, President Bush signed into law the Homeland Security Act of 2002. Among other things, the new law will transfer responsibility for immigration matters from the INS to two new subdivisions within the Department of Homeland Security. The Directorate of Border and Transportation Security will be primarily responsible for immigration enforcement actions (border patrol, detention and removal, intelligence, investigations and inspections). The Bureau of Citizenship and Immigration Services will be primarily responsible for processing immigration petitions (naturalization, asylum, refugee applications, and visa petitions currently handled by the four INS regional processing centers). It remains to be seen how the new law will impact processing times for various types of visa petitions and related immigration applications.

ADOPTION OF NEW ALIEN REGISTRATION RULE

In August 2002, an "alien registration" rule was adopted which applies to selected foreign nationals as well as other individuals who are identified as requiring greater security screening. The new rules require these foreign nationals to be fingerprinted and photographed upon entry, to register with the local INS office in person 30 days after entry, to register with the INS annually, and also to comply with certain departure control procedures.

January 10, 2003 Registration Deadline. Pursuant to a notice published in the Federal Register on Friday, Nov. 22, 2002, persons who meet the following criteria must register with the local INS office in the area where they live on or before Jan. 10, 2003:

Males 16 years of age or older (born on or before Dec. 2, 1986),

Who are nationals or citizens of Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North
Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates or Yemen,

Who were last admitted to the United States as a nonimmigrant on or before Sept. 30, 2002, and

Who will remain in the United States beyond Jan. 10, 2003.

December 16, 2002 Registration Deadline. Pursuant to an earlier notice published in the Federal Register on Nov. 6, 2002, persons who meet the following criteria must register on or before Dec. 16, 2002:

• Males 16 years of age or older (born on or before Nov. 15, 1986),
• Who are nationals of Iran, Iraq, Libya, Sudan or Syria,
• Who were last admitted to the United States as non-immigrants on or before Sept. 10, 2002, and
• Who will remain in the United States beyond Dec. 16, 2002.

Registration Requirements. The following is a brief summary of the registration requirements for persons who are subject to the above registration deadlines:

• Registration is required even if the person is a dual citizen of another country not listed above.
• Registration is not required for persons who have obtained permanent residence status in the United States (green card status), diplomats who entered the United States under A or G visas as employees of foreign governments or international organizations, and persons who have applied for or been granted asylum in the United States.
• At the time of registration, the person will be photographed, fingerprinted and interviewed under oath. The person must present his passport, I-94 arrival departure card, and other government issued travel documents. The person must also submit proof of residence, employment or student status, as applicable.
• Each person who is required to register with the INS must report any address change to the INS in writing within ten days of the change using INS Form AR-11 SR.
• If the person remains in the United States for another year, he must report annually to the INS in person within ten days of the anniversary date of the initial registration.
• The person must also report to the INS at the time of departure and leave through a designated port.
• Persons who fail to comply with these registration requirements will be deemed "out of status" and deportable.

More information on Alien Registration Requirements. Additional information is available on the INS web site at www.ins.usdoj.gov.

OTHER RECENT IMMIGRATION LAW CHANGES

• B-1 Rules Proposed by INS. In response to security concerns after the Sept. 11 attacks, the INS issued proposed rules in June 2002 which change the admission procedures for B-1 business visitors and B-2 tourists. In the past, B-1/B-2 visitors were routinely admitted for six months, but the new rules limit the initial admission to one month unless the visitor can give good reason why he or she needs to stay longer. There are also new restrictions on persons who enter B-1/B-2 and later change to F-1 student status (the intent to explore possible studies in the United States should be disclosed at the time of the initial entry in B-1 or B-2 status).
• Visa Issuance Fee Increased from $65 to $100. Earlier this year, the standard visa issuance fee charged at U.S. consulates overseas increased from $45 to $65. Subsequently, the visa issuance fee increased again from $65 to $100 effective Nov. 1, 2002.
• Other Changes as a Result of 9/11. Some of the changes listed above are the result of increased security in response to the Sept. 11 attacks. Other changes resulting from 9/11 include the following:
• The INS issued a fact sheet in July 2002 reminding all foreign visitors that they are legally obligated to notify the INS of their current address using form AR-11. Failure to notify the INS of address changes could have serious consequences in the future. INS forms are available at www.ins.usdoj.gov/
• The INS may inspect immigration documents of foreign workers when they travel domestically as well as internationally. Thus, it is important for foreign workers to carry their U.S. immigration papers with them at all times.
• In general, persons who travel to Canada or Mexico for less than 30 days can reenter the United States with an expired visa so long as they have a current INS approval notice (the so-called "automatic visa renewal" rule). Under new rules promulgated after 9/11, this automatic visa renewal rule no longer applies to persons who apply for a new visa while they are in Canada or Mexico (they must wait for the new visa to be issued or return to their home country if the new visa is refused). Also, this exception no longer applies to persons who are citizens of countries that are deemed to be sponsors of terrorism (Iran, Iraq, Syria, Libya, Sudan, North Korea and Cuba).
• INS has promulgated new rules for better tracking of F-1 students and J-1 exchange visitors who drop out of school or otherwise fall "out of status."