Frudo Posted February 11, 2011 Report Posted February 11, 2011 Got this info reg MLK, OK.. I have been seeing and observing the pulse of students and their frustration with how the TVU issue is unfolding. Personally, I am not attached to this issue in any way but I have people who I dearly care about stuck in the same position as you guys are. I have some understanding of immigration law (I am not a lawyer and this is not a legal advise) and wish to provide some guidelines and help. I have been observing this case very closely and here are my observations and thoughts -1. Everyone of you is in panic and asking each other suggestions on their situation. Hard it may seem, this is bound to make things only worse. None of you are in the same situation as your colleagues. Each case is different. And with the issue of NTAs, ankle bracelets, previous status notes (H1, H4, OPT etc), CPT Vs Non-CPT etc , each case is more unique than ever. I recommend detaching yourself from other's cases and have a closer look at your own case. Things you need to ask yourself (My comments (Denoted by ‘MC’ below and views may provide some perspective)-a. The first and foremost question ICE is going to ask you in order to "classify" you is – i. Did you take CPT? If yes, did you take CPT from day one or did you complete two semesters before taking CPT?MC: ICE’s main concern in this case is VISA Fraud. Allegedly, issuing CPT from day one is in direct violation of immigration laws. When you took CPT from day one, ICE argues that you have violated the law. The intent of F-1 visa which is to maintain full course of study and make reasonable progress towards completion of your studies is nullified when you started working from day one. My take on this is – A DSO who is appointed to be a representative of the government issues the students CPT and SEVIS approves is by E-verifying it, how are students to blame for it? Ignorance of law may not be excusable but it is not a crime either, especially when there are validating factors such as SEVIS, E-Verification etc in the picture. Further, how are students to know that CPT cannot be issued from day 1? The immigration law gives extraordinary powers to school DSO to make decisions at his/her discretion. ICE must realize that Ms.Su has misused this power by authorizing the students. Students themselves cannot be completely held responsible for it. ii. Where did you work? Did you work in the same/related field of study ( For example, MBAs work as Business analysts. MSs work as Computer engineers etc) or did you work in gas stations or grocery stores?MC: CPT is a complex law but the underlying intent of CPT is as clearly defined as sunshine – “Progressing your studies by gaining practical experience in the field of your study.” CPT can be issued by DSO but every DSO must check whether or not it aligns with your course of study through proper paperwork prior to issuing CPT to the students. Logically speaking it is not possible for DSO to make sure that you work in the same field as your studies. DSO’s are not “technical” people trying to align your computer engineering courses with your CPT roles and responsibilities. Sorry to be saying this but ICE or the judge may look at this as student’s responsibility. If you are one of those lucky ones who had the common sense to figure this out and have worked in CPT that aligns with your course of study, PLEASE make it clear to the ICE officer or immigration judge. This may prove to be a great asset for you if the ICE or the judge decides that you are not entirely to blame for taking CPT in the first place and are a little forgiving. They might look at it favorably. iii. I heard that TVU assigned CPTs to students even when they did not ask for it. Are you one of those students?MC: If yes, PLEASE make sure you tell it to ICE officer or immigration judge when one visits you or when you visit one. If you asked for CPT, took it and never worked, you are in no better situation than others who took CPT and worked. Unfortunately. It depends on how ICE or the judge will look at it.b. Did you or did you not take full courses i. Strange as it may seem, some students never took classes (on-line or otherwise) from TVU. Instead, CPT was the only thing they were after.MC: This is not a favorable scenario for students. If you are in this scenario and have not received NTA, please consider leaving at once. Again, the decision is up to you but my observation of how things are unfolding, ICE may not look favorably on you.c. Did you or did you not get an NTA i. NTA is the first step towards removal proceedings. If you received one, depending on the allegations made to you that resulted in the NTA, you may qualify for voluntary departure or you may not. If the judge finds that you have no other charges except being out-of-status for over a period of time, you may be given option of voluntary departure. But if there are allegations of fraud, criminal activity (taking referral money from TVU or working with TVU on-campus), you may or may not be eligible for voluntary departure. Again, this is case by case. Now, let me shed some light on what happens to applications for Change of status or reinstatement if you received an NTA? My understanding is that your case will be suspended until NTA is resolved. Please pose this question to Rajiv Khanna. If my understanding of NTA is true, you unfortunately are stuck here for months without having a chance to get out of US or stay in US since it involves considerable financial expense. ii. You did not get an NTA and you are SURE you did not get an NTA – An NTA may not be served in person to the candidate. The law permits that it can be sent to the last known address (Whether it is the address on SEVIS form or AR-11 is the grey area. No one seems to have answers for this question). It may help to call the 1800 number every couple of weeks. Immediately align your residential address, AR-11 address. Nobody knows what address Ms.Su has given to USCIS on your SEVIS records. There is a link on Rajiv Khanna’s forum on how to check your SEVIS address. Check it and make sure you store the confirmation in a PDF or link format. This is proof that you did your due diligence. Every bit of it counts when you are facing the judge. Just some insight. iii. You did not get an NTA and are in dilemma whether or not to stay in US – Again, this depends on case to case basis, but if I were you, I would leave before I get a NTA that would chain me down. The caveat is will USCIS issue you a VISA to re-enter? I think it will. Provided you take proper documentation to the US consulate. One such document is the detailed letter you emailed to ICE prior to your departure giving your US and India addresses and stating clearly that you have not received an NTA and in order to keep yourself from violating the status, you decided to leave. It could help.d. Are you or are you not out of status i. This is a conundrum and not even the best lawyer can tell you. Per regulations, if a school is shut down ,USCIS gives a 15, 30 or 60 day grace period (depending on individual case) to allow students to get back in status or depart. If the students exceed their grace period, deportation proceedings will commence. The TVU issue does not come under any of these categories. Since this is first of its kind where ICE has shut down the school on allegations of fraud and have included students in investigation, the law seems to be pretty open to whether you come under the grace period category or not. Further there are questions around whether you were in status when you joined TVU or not since Ms.Su never had permission to issue I-20s. ICE may treat it upon its own discretion and decide that you were never under status to begin with. What a rut!e. Did you apply for COS such as H1 or H4 or F2 i. This is a conundrum as well. Currently my understanding is that all COS cases with USCIS are pending until further investigation by the ICE. ICE investigation does not seem to end.f. Should I stop working? i. Yes. Yes and YES. Your SEVIS has been terminated so please do not take a chance. Usually when a school shuts down, SEVIS or the school DSO informs students of their termination. This is unique case where DSO is a fraud and USCIS/ICE did not have contingency plan on what to do with students after the raid.g. What should be the next steps? i. I agree with all the others. Push media and Indian Consulate. Instead of trying to gather sympathy about your situations please frame a good set of questions to ask Indian consulate and get clarification from ICE. I will be more than happy to help draft a questionnaire but I need input from all of you. On a high level –1. For students with NTAs – Are they eligible for reinstatement or change of status? If not, what should the students do? Should they wait months and months before the court hearing?2. What are the factors USCIS will consider prior to approving or denying a reinstatement?3. What if the student decides to go back to India. Is there guidelines from ICE to say that they can come back without prejudice?4. What are the guidelines for students who have applied for change of status to H4 or H1 or other non-immigrant visas? Why are their cases pending and how long will they be pending?5. ICE promised Indian Consulate that it will issue a ‘detailed’ set of guidelines to the students. Giving a SEVP help desk number and two or three options to every student is not detailed set of guidelines. SEVP representatives cannot answer our questions and were told to give the blanket options to every student. This does not help at all. Indian consulate should push for more guidance and promises. 6. The students need more ‘Pro bono’ lawyers or Indian consulate should provide set of lawyers that can work with students on discounted fees. Currently the average cost of lawyers is 7K to 10K which is highly unaffordable for students.h. Should I get a lawyer? i. Yes. For obvious reasons. You never know what ICE or Immigration judge has in store for you. If you get a NTA and are issued voluntary departure, fine. What if you are accused of committing fraud? What is going to defend you? I understand you are all students and immigration lawyers are expensive ($400 an hour is ridiculous!) but wouldn’t going back to India honorably much better than being convicted of fraud?. Neither of us can deny that ICE has handled this case with nothing but recklessness. I advise sticking together and fighting it out as one cause. Good luck. Please note that above are mere personal observations and is not a legal advice. Act or refrain to act on your own discretion.
india.bharat Posted February 11, 2011 Report Posted February 11, 2011 Good post *=: *=:But have to see how Indian GOvt and press responds on this and sitting with NTA's for months and paying for Layers with out income. We have to see our kidneys and eyes to survey here if they Don't give some solution.I don't understand why US govt and ICE officials understand the students situation, they spend all the ***money in colleges. They should take the decessions fast.
MLK edhava jeevitham Posted February 11, 2011 Report Posted February 11, 2011 good analysis. I don't know who you are but we are thankful for you. After all we are students and not criminals, to face this kind of situation. We are living with fear each and every minute. I don't know how its going to work. I feel it would be worse, if we go to India as most of the attorneys are saying that getting F-1 is difficult at this point of time.. Let god save us and Nirupama Rao who is coming like a god at this time and may help us out. lets hope for the best.
Harish1 Posted February 11, 2011 Report Posted February 11, 2011 mama..nenu CPT teesukoledu.... Masters ayyaka OPT kuda teesukoledu...ippudu ee Univlo Phd Business Administration join ayya in September 2010 lo... naku SEVIS reinstate ayye chances unnaya?? koddiga cheppandi Plz...
india.bharat Posted February 11, 2011 Report Posted February 11, 2011 Civil Rights OrganizationsPosted by admin on February 11th, 2011Since it seems that most of the regulations or information that we are getting are leading to “nowhere”, I am calling on all the VICTIMS of TVU to call those civil rights organization and tell them about your suffering and distress. Please make sure that details of your cases are handled in confidentiality.ACLU – One of the most known Civil Rights Organization in the United States. They have different chapters all over the country. Call them and make them aware of your distress.NAACP – National Association for the Advancement of Colored People. Call them also about your distress.The two organizations have kind of indicated by one of their member that they MIGHT be interested in helping.Please call them and email them.Having them on your side, will possibly make a difference.source:http://immigrationlegalblog.com/
MLK edhava jeevitham Posted February 11, 2011 Report Posted February 11, 2011 [quote author=india.bharat link=topic=154584.msg1823288#msg1823288 date=1297460304]Civil Rights OrganizationsPosted by admin on February 11th, 2011Since it seems that most of the regulations or information that we are getting are leading to “nowhere”, I am calling on all the VICTIMS of TVU to call those civil rights organization and tell them about your suffering and distress. Please make sure that details of your cases are handled in confidentiality.ACLU – One of the most known Civil Rights Organization in the United States. They have different chapters all over the country. Call them and make them aware of your distress.NAACP – National Association for the Advancement of Colored People. Call them also about your distress.The two organizations have kind of indicated by one of their member that they MIGHT be interested in helping.Please call them and email them.Having them on your side, will possibly make a difference.source:http://immigrationlegalblog.com/[/quote]do not call or contact NAACP as it is based on the discrimination of color. It would make more complications. We can contact ACLU – One of the most known Civil Rights Organization in the United States. They have different chapters all over the country. Call them and make them aware of your distress.This should be fine, but lets read their website before doing it. ok please. This is very delicate issue, handle it very carefully. Or else for ones mistake, every one should pay. Hope you guys understand.
Andhra Kurrodu Posted February 11, 2011 Report Posted February 11, 2011 Excellent post brother....Hats off to you for your analysis
MLK edhava jeevitham Posted February 11, 2011 Report Posted February 11, 2011 ACLU antey american civil liberties union. manam vaalani adigey mundhu, TANA ni adugutha, let me see, vaalu yem antaro choodham.manam vesey prathi step manaku sahakarinchali kaani, manaku vyathirekham kakudadhu. let me see. oka vela advisable ani thelusthe, manam kachithamga chedham. repu saturday, yelludni sunday ga, so full time to research.
JaiHind Posted February 12, 2011 Report Posted February 12, 2011 Problem emitante ippudu manaku correct direction teliyadu where we have to go to resolve this.....manaku evarina adagalo kuda teliyadu.........Manam nirupama rao kalavadam chala kastam...TANA or NATA walu pedda organisations kabattii they can communicate with her on our behalfna opinion lo TANA OR NATA walu oka google groups or email id pedithe....... andaru MLK baditulu akkada wala situation email cheyali stating manamu victims ani with clear details.............this org can handover this to Nirupama rao........amey ikkadi delegates wala to ni charchalu chesinapudu she can handover this emails to them....ippude manam edo okati cheyali.....amey ikkadi nunchi velipoyina tarvata.......unna last chance kuda potundi....idi na abhiprayam g0ssIp g0ssIp
MLK edhava jeevitham Posted February 12, 2011 Report Posted February 12, 2011 @jaihind. adhey post [url=http://andhrafriends.com/index.php?topic=154369.0]http://andhrafriends.com/index.php?topic=154369.0[/url] link lo post cheyi, aa post lo thana gurinchi, manam cheya galigina vishayal gurinchi matladudham please. tappu artham cheukoku.
.thumb.jpg.ce42bb16ec102475a78c2087ce269c7d.jpg)
Recommended Posts