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28-Jun-2002 04:05 AM |
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Serge |
One of the students in my school had her practical training application denied. Actually first INS asked for more information and she (and her advisor) did not include the "exemption to the full course of study" form in the papers sent to INS. So INS ruled that she's already out of status.
The student advisor reopened the case with INS. It was 4 months ago. Meanwhile her I-20 is about to expire and she was told by several people there's no way INS is going to reconsider. Any insight on what she can do in this situation, other than leave the country? |
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03-Jul-2002 09:51 PM |
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serge |
Any ideas? She decided to go back to school to stay legal... |
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03-Jul-2002 10:45 PM |
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Brian |
Hi Serge,
You're right, the officer made a mistake. Most NAFSA districts have committees that work with the service centers on these issues. If the advisor goes through NAFSA, he or she may have a better shot at getting the problem resolved. We have one with the CSC and it only meets every quarter so I don't expect this to get resolved quickly. Also, her DSO should have a contact e-mail at your service center at the Div. II office of the service center. If not, he or she should talk with their district's NAFSA CIPP chair. Short of that, there's nothing that the student can do. She needs to work with her advisor. Staying is school is a good idea. If I was her advisor, I'd file an I-20 extension anyway. I don't think she should file for reinstatement until they get a final answer from the Service Center. That's a tough one, good luck. |
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04-Jul-2002 06:13 AM |
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serge |
Thanks a lot, Brian. I don't know what's Div. II office and CIPP chair, but I get the idea. Our advisors were supportive but kind of clueless.
It's good to know that staying in school was a good idea - she's from Ukraine, so it's hard for her financially. Umm... Do you think an advisor would agree to extend an I-20 without student attending the school in this situation? I think they should cause it's kind of their fault in the first place. |
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04-Jul-2002 07:08 AM |
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Drifter |
Just extend the I-20s, collect all evidences and file a Motion to Reopen, an INS judge will be assign to respond to the petition. Chances are till Good ! |
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04-Jul-2002 07:44 AM |
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serge |
Oh, Drifter, do you know more about it? I think what the student advisor did 4 months ago is file a motion to reopen. Nothing happened. The student contacted INS and they suggested to do it again and told her it will take at least half a year anyway.
Extending I-20 sounds nice, I don't think our advisor knows about it. How do you do it? It would save her tons of money. |
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05-Jul-2002 08:00 AM |
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Drifter |
Did advisor send the Motion with corresponding fees? Did advisor send the petition with CERTIFIED MAIL? Did advisor receive the Notice of Action? If everything is done accordingly, there must be a WAC # you can use to track down the case status.
Asking the advisor to extend the I-20s for another 6 months to resolve this problem caused by his/her own ignorance shouldn't be too much to ask! How can a Designate School Officer not to know the "exemption to the full course of study" form is needed for OPT petitions? Doesn't he/she feel guilty when cashing out the paycheck ?Ridiculous! |
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06-Jul-2002 04:20 AM |
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Serge |
From what i know it was the first time INS asked our DSOs about additional information on OPT. So yes, they screwd up. And they are willing to help but they don't know how.
She has some kind of case ID ( WAC # i guess?) so she could call INS and INS didn't know much. They said it can take 6 months or something like that. Another INS clerk suggested to file it again. For now she's enrolled in the Fall semester (it's a continuing Ed school). I should've posted it earlier. |
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12-Jul-2002 08:23 PM |
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Brian |
Although many motions to reopen are successful
please suggest to the advisor to try what I mentioned above. They are taking longer now and if the INS said 6 months, it's probably closer to 8. Proof of expemption to a full course of study isn't required in order to apply for OPT. The fact that they asked for it makes me think that there's something more to this case than meets the eye. Good luck Serge |
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