January 11, 2005

The Department of Homeland Security issued new guidelines Tuesday for estimated 200,000 foreign students and exchange visitors expected to arrive in the United States for the spring semester.

The DHS says the guidelines are intended to ensure "quick processing" of legitimate students at U.S. ports of entry.

The Bush administration introduced a host of stringent immigration laws after the Sept. 11, 2001, attacks on New York and Washington, aimed at preventing would-be terrorists from entering the country.

Since all the individuals involved in the Sept. 11 attacks were Muslim, Islamic nations are among the worst affected by new laws. America's Muslim allies often complain that new laws are aimed at discouraging their citizens from coming to the United States.

The department has also posted a comprehensive list of answers to frequently asked questions about the new Student Exchange and Visitor Information System, better known by its acronym SEVIS. The answers can be read at two DHS Web sites, ice.gov and cbp.gov.

SEVIS is a Web-based program that maintains information on international students with F/M visas and exchange visitors with J visas. It also applies to their dependents residing in the United States and is administered by U.S. Immigration and Customs Enforcement's Student Exchange and Visitor Program. U.S. Customs and Border Protection officers also use the new system for processing student and exchange visitor visas at ports of entry.

As of December 2004, about 725,000 students and exchange visitors and 120,000 dependents, were registered in SEVIS. More than 7,800 schools and 1,400 exchange programs are active in SEVIS.

From September 2003, when all foreign students, exchange visitors and their academic or cultural programs were required to register with SEVIS, through September 2004, SEVIS recorded a slight increase in the foreign student (F/M visa) population from approximately 605,000 to 640,000.

To date, ICE's Compliance Enforcement Unit, responsible for identifying individuals who attempt to abuse the student immigration system, has sent 3,342 investigative leads on potential SEVIS violations to the field, resulting in 558 arrests.

"The SEVIS program is a successful homeland security initiative due in large part to the cooperation we have received from all of the program's stakeholders," said Michael J. Garcia, DHS assistant secretary for ICE. He urged all students, exchange visitors, and school and program administrators to review requirements and "take responsibility for making sure their records are updated and correct."

"The failure to do so may lead to denial of entry into the United States and may adversely affect their academic programs," warned an immigration lawyer Fauzia Shah.

Students who came to the United States legally but somehow fail to update their records in SEVIS "may end up on the wrong side of the law," she said.

Immigration lawyers point out that SEVIS is a complicated system, particularly difficult for visitors and students who never been to the United States before and are not familiar with U.S. immigration laws and procedures. They complain that computer glitches and other technical problems often lead law enforcement officials to the doors of perfectly legal students.

Recently, Banaz Ali, a Kurdish student studying at the University of Nebraska at Omaha, spent a day in government custody after failing to update her record due to a computer glitch. Ali came to the United States legally in April with the Partnership for Learning Undergraduate Studies, funded by the State Department. However, due to a technical error, her transfer from the University of Denver to UNO was not registered with SEVIS.

International students must register with SEVIS within 30 days of the issue date on their visa, or the system designates their program canceled. They must also report all transfers and changes within that period.

The DHS offered the following recommendations for students and exchange visitors coming to the United States:

1. Hand carry, do not check, the following documents:
-- Passport
-- SEVIS form I-20 or DS-2019
-- Evidence of financial resources
-- Papers for student or exchange visitor status, such as tuition receipts, transcripts or letter of acceptance
-- Receipt for the SEVIS fee
-- Name and contact information of your designated school official or sponsor

2. Inform the CBP officer at the port of entry as soon as possible that you will be a new or returning student or exchange visitor in the United States.

3. Report to your school or program upon arrival so that your school official can validate your participation in SEVIS.

4. Maintain contact with your designated school or sponsor official throughout your stay to ensure your SEVIS data is updated and accurate.

If you are a new student or an exchange visitor, remember to carry with you the sealed envelope given to you by the Department of State's Consular Officer -- attached to your passport. It is important that you do not open this envelope, DHS warns.

Source : http://www.washtimes.com/