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By Felician Masumbuko
Catalina Quezezo is a spouse of a full-time student. Under the immigration laws, she is an F-2 nonimmigrant alien. If she goes back home she will have to start over the visa process. In Colombia, where she comes from, the process may take up to two years.
“I can’t go home now, can’t go to visit because I may not be able to come back,” she said.
Late last month, the Buffalo State’s office of International Student Affairs organized a seminar to discuss the impact of the new immigration rules & regulations on international students. Stephen W. Krasselt, a representative from the Buffalo immigration office and James D. Eiss, an immigration lawyer, explained what those new rules are.
Everything is changing, said Krasselt.
According to Krasselt, starting March 1 services and benefits functions of the U.S. Immigration and Naturalization Service transitioned into the Department of Homeland Security as the Bureau of Citizenship and Immigration Services (BCIS).
Among the changes include an Internet-based system, known as the Student and Exchange Visitor Information System (SEVIS). The new system will maintain critical, up-to-date information about foreign students and exchange visitors and their dependents. It will enable the BCIS to track students in the United States.
Krasselt said that all the schools will have to follow SEVIS before and after they admit international students.
“Make sure that your students and everyone who works with the international students is aware of changes,” Krasselt said.
According to Krasselt, before the introduction of SEVIS, Canadian residents could register for classes as commuter students without any special authorization.
“New regulations want such students to either come as full time students or not be allowed in.” said Krasselt.
“Before we had F-1 visa, for full-time students, F-2, dependant of a full-time student, now there is F-3 for Canadian or Mexican commuter students,” he said
The BCIS defines a commuter student as:
- A national of Canada or Mexico who maintains an actual residence in the said countries
- Attending a school located within 75 miles of the border;
- Registered as a border commuter student; and
- Matriculating in a full course of study
What does it mean?
Once a student or exchange visitor is accepted to attend American colleges or universities, the school or exchange program will access the SEVIS to input the data and issue an I-20 form or DS-2019. After the student decides which school to attend, he/she will send a visa application form to the U.S. consulate or embassy. When the application is being reviewed, the officer will have access to SEVIS to verify the accuracy of the information. Once a visa is issued, all I-20 forms that may have been issued by other schools will be voided.
At the time of entry in United States, the SEVIS system will inform the school that the expected student has arrived. The school will have to confirm within 30 days that the student has physically arrived and registered for classes. In case the student did not report to the school, the BCIS will go after him/her.
Instead of 60 days, students will be allowed in the country only 30 days prior to the beginning of school year or semester.
Will attorneys help?
Eiss, an immigration law specialist, said: “Once you are registered under the new system, if you depart the U.S., before you go cross the border, you have to register with the BCIS before you leave. If you don’t do that, you don’t come back.”
According to Eiss, every person who is not a U.S citizen, including local permanent residents with green cards, visitors, temporary workers and students, within 10 days of a change of address has to notify the BCIS and the school. The school will have to report that to the BCIS as well.
“Everybody applying for U.S. visa has to have an interview in person even those from common Wealth countries,” said Eiss “Canadians did not visas, but as of March 17th they all need visas,” he added.
Eiss said that it is going to be frustrating. “I’ve always enjoyed being an immigration officer, I’ve always enjoyed being an attorney, but I am just enjoying it any more,” he said.
Now what?
“I have a family emergency and was planning to go home. If I leave the U.S., I will need a new visa and the process may take up to three years. I have tried in Canada, but the line is very long. Basically I am stuck,” said Quezezo.
According to Quezezo, new laws are messing everybody.
“I completely understand why. I know it is just to protect this country,” she said.
Eric Comins, an officer from the University at Buffalo’s International Students Office said, “We really did not lose students like I thought we would, actually the number went up slightly, but a lot of students had trouble getting visas to enter the country.”
According to Comins, some students from China and Malaysia could not make it on time because of extra background checks. UB has about 3,300 international students.
Jean F. Gounard, director of Buffalo State’s International Student Affairs said, “The rules are very strict and they have to be respected.”
BSC has about 300 international students and all were able to come back.
According to Gounard, it is not only the United States closing things tight, but many countries in the world have done the same.
“Western European countries, Australia, they all closing things tight,” said Gounard.
For more on new rules go to:
http://www.immigration.gov
http://www.immigration.gov/
graphics/lawsregs/fr082702.pdf
Visa breakdown:
F–1 nonimmigrant aliens are defined as:
Foreign students who have been admitted to the United States to pursue a full course of study in a college, university, seminary, conservatory, academic high school, private
elementary school, other academic institution, or language training program in the United States that has been approved by the service to enroll foreign students
An F–2 Nonimmigrant alien is defined as:
A foreign national who has been admitted to the United States as the spouse or qualifying child of an
F–1 nonimmigrant alien.
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