sted:
NGLU 2003-10-a SEVIS Conference Call: NAFSA, DHS (SEVIS, Service Center and Adjudications) BCIS, BICE, EDS, CA, CIEE Wednesday, October 1, 2003
What should be done with records of students with a change of nonimmigrant status (COS) pending, and thus valid status while the application is pending, but who will not be registering for the next term? The termination reasons do not include a selection for COS pending. NAFSA also asked about what do to with SEVIS records for those who have applied for Adjustment of Status to US permanent residence. DHS indicated that it students should maintain all terms and conditions of their nonimmigrant status while an application for a COS was pending, because if the COS application were denied, then the student would immediately be out of status. DHS similarly recommended that students maintain the terms and conditions of F status after filing an I-485 application for adjustment of status. DHS indicated that this would protect the student in the event that the adjustment petition is denied (NAFSA note: DHS had told NAFSA in prior liaison calls that the question of SEVIS/F/M status during the pendency of an adjustment application is currently being reviewed by BCIS and BICE general counsels. That guidance has not yet been disseminated). NAFSA added, “for students who take the risk of not maintaining the terms and conditions of F status while an adjustment of status application is pending, how should the record be terminated?”
Summary NGLU 2003-10-a
SEVIS Conference Call: October 1, 2003
Liaison summaries do not constitute legal advice
3
DHS responded that in cases where the student fails to maintain the terms or conditions of his or her nonimmigrant status, the P/DSO should terminate the SEVIS record for “otherwise failing to maintain status” and detail the reason in the remarks.
NGLU 2003-10-a SEVIS Conference Call: NAFSA, DHS (SEVIS, Service Center and Adjudications) BCIS, BICE, EDS, CA, CIEE Wednesday, October 1, 2003
What should be done with records of students with a change of nonimmigrant status (COS) pending, and thus valid status while the application is pending, but who will not be registering for the next term? The termination reasons do not include a selection for COS pending. NAFSA also asked about what do to with SEVIS records for those who have applied for Adjustment of Status to US permanent residence. DHS indicated that it students should maintain all terms and conditions of their nonimmigrant status while an application for a COS was pending, because if the COS application were denied, then the student would immediately be out of status. DHS similarly recommended that students maintain the terms and conditions of F status after filing an I-485 application for adjustment of status. DHS indicated that this would protect the student in the event that the adjustment petition is denied (NAFSA note: DHS had told NAFSA in prior liaison calls that the question of SEVIS/F/M status during the pendency of an adjustment application is currently being reviewed by BCIS and BICE general counsels. That guidance has not yet been disseminated). NAFSA added, “for students who take the risk of not maintaining the terms and conditions of F status while an adjustment of status application is pending, how should the record be terminated?”
Summary NGLU 2003-10-a
SEVIS Conference Call: October 1, 2003
Liaison summaries do not constitute legal advice
3
DHS responded that in cases where the student fails to maintain the terms or conditions of his or her nonimmigrant status, the P/DSO should terminate the SEVIS record for “otherwise failing to maintain status” and detail the reason in the remarks.
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