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Immigration
Laws and Updates July 2002
Readers
are encouraged to search for more information in public
law issue under the Illegal Immigration Reform and Immigrant
Responsibility Act. Some information provided by West Group
Inc. Information below should not be construed as legal
advice,
if you need legal advice consult with an attorney.
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DOJ
Grants 12-Month Extension of Temporary Protected Status
(TPS) For Eligible El Salvadorans
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July
09, 2002
WASHINGTON
- As part of the Administration's ongoing efforts
to assist El Salvador in recovering from the devastating
earthquakes that affected the nation, the Department
of Justice (DOJ) announced today an extension of
Temporary Protected Status (TPS) for El Salvador
for a period of 12 months until September 9, 2003.
This TPS extension, which covers more than 260,000
Salvadoran registrants, is effective September 9,
2002 and will remain in effect until September 9,
2003. Salvadorans with TPS or who have TPS applications
pending must re-register during the re-registration
period. The re-registration period begins September
9, 2002 and will remain in effect until November
12, 2002. Re-registration applications will not
be accepted before September 9, 2002.
"As a direct result of the devastating earthquakes
last year, there continues to be a substantial disruption
of living conditions in El Salvador that has caused
havoc to that country. Although El Salvador continues
to make progress in the recovery, the environmental
disaster makes it difficult for the country to handle
adequately the return of its nationals," said
Attorney General John Ashcroft. "This one-year
extension reflects the Administration's continued
commitment to assist El Salvador in its hour of
need."
Re-registration is available only to persons who
registered under the initial El Salvador TPS designation,
which ends on September 9, 2002. Nationals of El
Salvador (or aliens having no nationality who last
habitually resided in El Salvador) who previously
have not applied for TPS may be eligible to apply
for TPS under late initial registration provisions.
This extension does not allow Salvadorans who entered
the United States after February 13, 2001 to apply
for TPS. This extension covers only Salvadorans
who have been continually present in the United
States as of March 9, 2001 and who have continually
resided in the United States since February 13,
2001. An extension of TPS does not change the required
dates of continuous physical presence and residence
in the United States.
TPS beneficiaries who need to travel outside the
United States during the coming year must receive
advance parole from their local INS office prior
to departing the United States. Failure to do so
may jeopardize their ability to return to the United
States. Advance parole allows an individual to travel
abroad and return to the United States. Advance
parole is issued on a case-by-case basis. Individuals
who are granted TPS may apply for advance parole
by filing Form I-131 at their local INS district
office
Section 244 of the Immigration and Nationality Act
authorizes the Attorney General to grant or extend
TPS to aliens in the United States who are nationals
of countries where armed conflict, natural disaster
or other extraordinary conditions have created a
temporary situation to which return is either unsafe
or unfeasible.
*Extracted
From INS News Release July 09, 2002
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INS
Begins SEVIS Preliminary Enrollment - First Steps
in Enhancing Monitoring of Foreign Students 7/2/02
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July
02, 2002
WASHINGTON,
DC - The Immigration and Naturalization Service
(INS) announced the successful start on July 1,
2002, of a preliminary enrollment period to enable
INS approved schools to begin using the Student
and Exchange Visitor Information System (SEVIS)
to accept foreign students.
SEVIS is an Internet-based computer system that
will enable schools and program sponsors to transmit
electronic information and event notifications to
INS and the Department of State throughout a foreign
student's or exchange visitor's stay in the United
States.
The preliminary enrollment period is limited to
postsecondary, language, and vocational schools
accredited by an accrediting agency recognized by
the United States Department of Education; public
high schools with certification from the appropriate
public official that the school meets the requirements
of the state or local public educational system;
and private elementary and private secondary schools
that are accredited by an organization holding membership
in the Council for American Private Education (CAPE)
or the American Association of Christian Schools
(AACS). In addition, all schools must have been
approved by INS to accept academic (F visa) and
vocational (M visa) foreign students for the past
three years.
There is no fee for preliminary enrollment. The
preliminary enrollment period will remain open until
at least August 16, 2002. At that time, INS plans
to issue a new interim rule governing the certification
process for all schools seeking to participate in
SEVIS. Upon issuance of the new interim rule, all
schools will pay a standard certification fee. The
rule will further provide that every two years there
will be an on-site review of each school that desires
to accept or continue to accept foreign students.
"The beginning of this enrollment period brings
us one step closer to implementing SEVIS,"
said INS Commissioner James Ziglar. "SEVIS
promises to revolutionize the way information about
foreign students is shared between schools and INS."
*Extracted
From INS News Release July 02, 2002
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Preliminary
Enrollment in the Student and
Exchange Visitor Information System
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July
02, 2002
Preliminary
Enrollment in the Student and Exchange Visitor Information
System
On July 1, 2002, the Immigration and Naturalization
Service (INS) published an interim rule in the Federal
Register to implement the first phase of the certification
process for access to the Student and Exchange Visitor
Information System (SEVIS).
Understanding the Challenge:
INS Seeks to improve its System for Determining
Whether a School Should Continue to be approved
to Accept Foreign Students and Exchange Visitors
o Tracking Students. The Department of Justice
and INS are required to track the nearly one million
nonimmigrant foreign students and exchange visitors
during their stay in the United States.
o Certifying Schools. While INS has an existing
process for certifying and decertifying schools,
INS will dedicate more resources to determine whether
a school has continued to meet applicable eligibility
requirements after initial certification. As indicated
in INS' proposed rule, beginning January 30, 2003,
SEVIS will become mandatory for all schools wishing
to enroll foreign students under sections 101(a)(15)(F)
and (M) of the Immigration and Nationality Act.
In accordance with section 502 of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (Pub.
L. 107-173) INS will review all currently approved
schools by May 14, 2004. To accomplish this review
and allow schools to enroll in SEVIS, INS will implement
a two-tier process by which schools may obtain access
to SEVIS. The first tier is a preliminary enrollment
period for certain schools that meet the criteria
established in the July 1, 2002 interim rule. The
second tier is a full certification review for schools
either that were ineligible for preliminary enrollment
or that did not apply during the preliminary enrollment
period. INS will conduct an on-site visit of all
schools not eligible for preliminary enrollment
before such schools are permitted access to SEVIS.
Schools that preliminarily enroll will be granted
immediate access to SEVIS, though INS will conduct
an on-site review of those schools as part of a
subsequent full certification review.
Implementing a Solution:
This Interim Rule Allows INS to Preliminarily Enroll
Certain Schools in SEVIS. A School Must Meet Strict
Standards in Order to be Eligible for Preliminary
Enrollment. A School Will be Granted Access to SEVIS
Only After INS Conducts a Review to Establish the
Bona Fides of the School.
o On May 16, 2002, INS published a proposed rule
in the Federal Register to implement the new SEVIS
requirements and to establish a process for the
electronic reporting of information concerning enrollment
of foreign students. That proposed rule indicated
that SEVIS would begin operation on July 1, 2002,
and proposed a mandatory compliance date of January
30, 2003.
o On or after January 30, 2003, all schools must
utilize SEVIS in order to issue a Certificate of
Eligibility for Nonimmigrant Student (Form I-20).
o Consistent with its statutory authority to regulate
foreign students under the Immigration and Nationality
Act, INS will conduct a review of all Service-approved
schools as a prerequisite for enrollment in SEVIS.
A school will be granted access to SEVIS only after
INS conducts a review to establish the bona fides
of the school. Because of the short time between
now and January 30, 2003, INS is establishing a
preliminary enrollment period for certain schools
that can provide proof that they are bona fide institutions.
On July 1, 2002, INS published a rule in the Federal
Register to begin the preliminary enrollment process
(See 67 FR 44344).
o This preliminary enrollment period will be limited
to the following schools: private elementary and
private secondary schools that are accredited by
an organization holding membership in the Council
for American Private Education (CAPE) or the American
Association of Christian Schools (AACS); postsecondary,
language, and vocational schools that are accredited
by an accrediting agency recognized by the United
States Department of Education; and public high
schools with certification from the appropriate
public official that the school meets the state
or local public educational system's requirements.
In addition, the school must have been approved,
during each of the last three years, by INS to enroll
academic (F visa) or vocational (M visa) nonimmigrant
students.
o This preliminary enrollment period will be open
until at least August 16, 2002, at which time INS
plans to issue an interim rule governing the certification
process for all schools seeking to participate in
SEVIS. As soon as that certification rule is published,
this preliminary enrollment period will close, and
all schools will be required to comply with the
new enrollment procedures.
o There is no fee for preliminary enrollment, though
any school that applies after the close of the preliminary
enrollment period must pay the certification fee
that will be set in the upcoming certification rule.
This fee will be the same for all schools.
o Preliminary enrollment will not be available to
flight schools; even if they have been accredited
by an agency recognized by the Department of Education
and have been participating as a Service-approved
school for the past three years. Schools that do
not meet the criteria for preliminary enrollment
will not be eligible to apply for access to SEVIS
until they apply for certification under the upcoming
certification rule and undergo full-scale review
by INS.
Preliminary Enrollment Process:
o Eligible schools must access the SEVIS Internet
site at www.ins.usdoj.gov/sevis.
o Once at the SEVIS site, the school will be prompted
electronically to submit certain identifying information.
o After submitting the requested identifying information
each school will receive a temporary user ID and
password via e-mail.
o With the user ID and password, the school can
re-access the SEVIS website where it will complete
and electronically submit a Petition for Approval
of School for Attendance by Nonimmigrant Student
(Form I-17).
o INS will review the Form I-17 and preliminarily
enroll the school if it meets eligibility criteria.
o Schools that are preliminarily enrolled will be
given a permanent user ID and password.
o Schools that are denied preliminary enrollment
will be required to enroll pursuant to the upcoming
certification rule.
o Schools that are eligible for preliminary enrollment
but fail to enroll prior to the close of the preliminary
enrollment period also will be required to enroll
pursuant to the upcoming certification rule. At
the discretion of INS, however, such INS-approved
schools may be permitted to utilize SEVIS until
such time that INS can schedule the required on-site
visit.
o All schools enrolled in SEVIS during the preliminary
enrollment period must apply for re-certification
prior to May 14, 2004. The recertification process
includes an on-site visit.
o All schools qualified for preliminary enrollment,
which failed to enroll preliminarily but who INS
permitted to utilize SEVIS prior to on-site review,
will be required to have an on-site visit prior
to May 14, 2004.
*Extracted
From INS Fact Sheet July 02, 2002
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