SEVIS : New Form for Students / Exchange Visitors
Posted Aug 22, 2003
The Bureau of Customs and Border Protection (CBP) has developed a new form, Form I-515A, to be used by students (F or M) and exchange visitors (J-1) seeking to enter the United States without properly endorsed documents. As we explained in our August 8, 2003 MurthyBulletin article, ICE Opens Office for Incoming Students, available on MurthyDotCom, schools had a deadline of August 1, 2003 to comply with the requirements of the Student and Exchange Visitor Information System (SEVIS). The requirement also applied to J-1 exchange visitor program sponsors. However, some schools and, apparently, exchange visitor programs were unable to meet this deadline. One of the urgent problems created by this noncompliance is that the schools and program sponsors are not able to issue the SEVIS certified documents (I-20s for F and M students or DS-2019 for exchange visitors) required for entry to the U.S. The Form I-515A, Notice to Student or Exchange Visitor, is designed to address this problem.
The Form bears a notice advising the student or exchange visitor that her/his admission to the U.S. is limited to 30 days, because of the lack of required SEVIS documentation. Presumably, these forms will be provided at the Port of Entry to students or exchange visitors who seek to enter without the SEVIS certified documents. The individuals must submit Form I-515A and the SEVIS certified documents within 30 days of entry to an address specified on the form. The one-page form has standard instructions for new students, returning students, exchange visitors, and dependents. It states that, if the proper documentation is submitted within the 30 days, the individuals will receive evidence of their student or exchange visitor status.
The flexibility reflected in this new procedure is favorable for students and exchange visitors who need to complete their programs and for the schools and universities depending on the revenue of the substantially higher out-of-state tuition fees paid by foreign students. We hope that the 30-day requirement is realistic and that the schools and exchange visitor program staff are able to meet this extended deadline. The evidence of status will need to reach these students or exchange visitors in a timely manner after CBP receives the SEVIS certified documents, to ensure that students or exchange visitors are able to demonstrate evidence of valid legal status in the U.S. to any law enforcement officials who request it of them.© The Law Office of Sheela Murthy, P.C.
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