After 2002 all international students entering the United States
were issued a SEVIS I-20. SEVIS stands for Student and Exchange
Visitor Information System. The SEVIS I-20 has a number and a scanable
code that contains important information about each student who enters the
USA.
Q. How much does the SEVIS I-20 cost and
why do I have to pay for it?
A. You have to pay $100 for the
SEVIS I-20 by filling out a form I-901 and making a payment to the
government. You can pay online by credit card. Then you can print
out the receipt. Keep the receipt to prove that you have paid the SEVIS
fee. Paying the SEVIS fee is not the same as paying the visa
application fee.
Q. If I fall out of status but my visa hasn't expired, is my visa still good?
A.
No! Your nonimmigrant visa is void as soon as your authorized stay has ended. Furthermore, no longer can you travel to a third country (for example, Canada or Mexico) to renew your visa. The new law requires you to obtain a visa in your own country or, if there is no U.S. consulate there, in a country designated by the U.S. State Department. If "extraordinary circumstances" exist, this provision may be waived.
Q. How will the Immigration Service know if I am out of status
when my I-94 has no expiration date?
A.
INS recognizes that because foreign students have been admitted to the United States for "duration of status," that is, for as long as they maintain valid nonimmigrant status, IIRAIRA's new provisions on overstays may be hard to enforce. A student may fall out of status (perhaps without even knowing it), travel home for a short visit, and reenter the United States successfully without INS (or the student) noticing any irregularity. Once the violation of status is detected, however-for example, when the student applies for a new visa the bar to reentry may be imposed. Several IIRAIRA provisions affect procedures at U.S. ports of entry. INS officials may now "summarily" exclude persons arriving without appropriate documents and those who make "material misrepresentations" during entry. Persons excluded in this manner may not reenter the United States for at least five years. (There is an exception for individuals with credible claims for asylum.) Moreover, the exclusion is now at the "sole and unreviewable discretion" of the INS agent at the port of entry. Thus each entry is now a moment of serious risk for students and scholars who may have violated their nonimmigrant status, no matter how minor or technical the violation.
Q. What is my responsibility?
A. Be very careful! Some university international offices notify students and scholars whose status is expiring. However, each foreign national is ultimately responsible for maintaining his or her nonimmigrant status. Students, scholars, and temporary workers should verify the validity of their visa and the period of authorized stay as indicated on forms I-94, I-20, and IAP-66.
Excerpted from International Educator, NAFSA: Association of International Educators.
Written by Roxana Bacon, an immigration attorney in Phoenix and a member of IE's editorial advisory board.
