CGPS Townhall Following SEVIS Terminations

Contents:

1. Key Takeaways.
2. Role of CGPS on campus.
3. Difference between a visa and a status.
4. SEVIS termination vs. visa revocation.
5. How to know if your visa or SEVIS is revoked.
6. Steps if SEVIS/visa is revoked.
7. Guidance for travel.
8. What to do if you see an ICE agent.
9. Q&A Highlights.

Disclaimer: The information contained on this web site is provided as a service to international students, faculty, staff, employees, and administrators at the University of Delaware, and does not constitute legal advice on any immigration, tax, or other matter. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of official counsel. For assistance on your immigration status, we encourage you to contact an ISS advisor for specific guidance at oiss@udel.edu.

Key Takeaways 

Any and all questions should be directed to oiss@udel.edu. This office is responsible for answering questions for international students and helping them. Their team is dedicated to this and will work with any student to help maintain their records.

In the event of an emergency, such as being prevented entry during university sanctioned travel, immediately call the non-emergency number and ask to be put through to CGPS. There will always be someone on call. (302) 831-UDPD (8373) or (302) 831-2222.

Before any travel, an international student should contact oiss@udel.edu who will work with them to make sure that all their documents are up to date and advise them on any potential problems.

CGPS and the university are not receiving information from the federal government. This is unprecedented. UD and our national orgs have sent multiple, formal, requests for more information, such as a formal letter to Marco Rubio, Secretary of State, that has gone unanswered. 

International students should carry a physical, paper, copy of their I-20 or DS-2019 and I-94 on them at all times. 

The ISSS announcement page has an FAQ that answers a lot of questions, many that were asked during the town hall. The FAQ represents all information that UD knows. UD is sharing all the information it knows. It must be reiterated how little communication is coming from the federal government.

You can research and find attorneys using the American Immigration Lawyers Association. This allows you to search for a lawyer by area and type. CGPS also links to the Immigration Advocates Network which is a database of nonprofit organizations that provide free or low-cost services to qualified individuals. 

Check out Delaware’s Attorney’s General’s Know Your Rights document and other Know Your Rights documents

Presentation Overview

CGPS gave a presentation that went over what their office does and clarified things about how immigration works. Below are the notes on that presentation.

Role of CGPS on campus

• Manages F-1 and J-1 records for ~3,500 international students and scholars per year. They are there to help all students maintain their records and answer questions.
• They answer ALL questions about visa and immigration status. Any and all questions should be directed to oiss@udel.edu.
• Monitors SEVIS daily but does not receive real-time alerts from the government if there is a change to an account
• Resource page and FAQs available on the CGPS website; more FAQs are coming as they meet with different constituents.
  

Difference between visa and status

F-1/J-1 Visa:

• Entry document only; can expire while you’re in the U.S. You do not need a valid visa to stay in the country. If your visa is revoked, you can still stay in the country as long as you maintain status.
• If the visa is expired and you leave the U.S., you must renew the visa to re-enter. This can take time, so you should work with CGPS before leaving the country so they can help check your visa documents.

I-20 (F-1) / DS-2019 (J-1):

• This represents your government SEVIS record and proves active SEVIS status. 
• A SEVIS account is a government database which shows that you have a valid I-20 or DS-2019 and proper status.
• These documents must remain valid at all times. Students must extend it before it expires.
• Carry a physical copy of this and your I-94 entry record at all times. The I-94 is an entry document.
  

SEVIS Termination vs. Visa Revocation

• Visa revocation: Affects your ability to re-enter the U.S. but not your current stay. You can stay without a visa.
• SEVIS termination: Ends your legal status in the U.S.; no grace period to remain. This is a personal decision for the affected student when deciding what to do after a SEVIS record is terminated. There are risks with staying. Call CGPS immediately and they will walk you through everything and tell you next steps.
• These typically occur separately, but both have been reported recently—this is unprecedented.
• Reasons for revocation/termination are often not disclosed to CGPS or the student. We don’t have information on reasons for terminations. There is speculation, but no national trends have emerged. 

How to know if your VISA or SEVIS is revoked:

• Check the email address you used to apply for the VISA. This is the email the government will use (is supposed to use) to contact you. You may also receive an email from your embassy or consulate. It may look like spam.
• You can check your I-94 online: https://i94.cbp.dhs.gov/home
• CGPS is checking SEVIS multiple times a day and will alert a student immediately if they see a record change. If you learn of a change to your VISA or SEVIS status, immediately contact CGPS. You can call them (302) 831-2852. You can also call UD police (non-emergency) and they will patch you through.
• Call your embassy or consulate. They also maintain records on your status. All international students should know their embassy and consulate. Your embassy will send you information, make sure your contact information with them is up to date.

Steps if SEVIS/Visa is Revoked

1. Contact CGPS immediately.
2. Seek legal advice – UD offers free 15 minute consultation with the two immigration law firms they have. 
• CGPS has an attorney resource page (GET LINK).
• Visit https://www.aila.org to find qualified attorneys.
3. Know your options:
• Taking a leave of absence
• Master’s-out options
• Completing your degree remotely
• Scholarship (non-employment) may still continue even if SEVIS is terminated

Guidance for travel and returning to the U.S.

• Before travelling, contact CGPS so they can help you make sure your records are in place. 
• Guidance depends on your country of origin. This is a time of great uncertainty.
• There is no travel ban or restriction in place.
• If you have to renew your VISA abroad, you may experience a longer processing time and enhanced vetting.
• Currently, there is no reason to be concerned about domestic flights. Keep all your documents on hand and reach out to CGPS to help check your documents. If you are stopped by CBP, use the emergency number: (302) 831-2222.
• If you are travelling back to the US and taken into questioning, remain calm and answer questions clearly and politely. This is called secondary inspection and its a normal process. Normally you only need to answer a few questions and it’s good to plan for this when considering travel times just in case.
•  Be aware that the agent can request your phone and look through it and you are required to hand over your phone. If you refuse, you will be denied entry. For more information on your rights, check out Delaware’s Attorney’s General’s Know Your Rights document and other Know Your Rights documents. 
• If you are travelling for university sponsored travel and get detained, the University would be alerted and General Counsel would get involved.

What to do if you see an ICE agent:

• If you are on campus, immediately call UD police.
• Note that ICE can’t enter labs, offices, or private spaces without a warrant. 
• Familiarize yourself with know your rights guides.
• Faculty have been given a guide on what to do in the event of ICE on campus and are prepared. If you are concerned about the preparedness of your department, you should contact your department chair. They are in charge of updating faculty on current guidance.

Q&A Highlights

Should I talk to an attorney in advance? – Up to you, but while UD has free consultations, the time is limited. If you do use the resource, come prepared for the interaction with an attorney so you know what you want to discuss. UD also provides recommendations for two law firms.

How do I find an attorney? – CGPS has a resource page to prepare to talk to an attorney. You can research and find attorneys using the American Immigration Lawyers Association. This allows you to search for a lawyer by area and type. CGPS also links to the Immigration Advocates Network which is a database of nonprofit organizations that provide free or low-cost services to qualified individuals. 

Is there a right to due process or a hearing after revocation? – this is apart of the unprecedented nature. The state department is revoking visas without any additional information. Whether the SEVIS termination is legal is not known. AAUP has opened a lawsuit and so have others. 

Do you think nationality is a reason for termination? – Still speculation at this point. Nationwide, there are not any trends. 

Can I still receive a stipend and attend classes if my SEVIS record is terminated? – There is no federal or state law that prohibits students without status to study, so no immediate impact on your enrollment. The graduate college is working on it now, but to the best of their knowledge you are still a student with access to all UD’s resources. Stipends are different because they require employment. If your SEVIS record is terminated, your employment has to be terminated to comply with federal and state laws. You are still able to access emergency relief funding from student life. For contracted grad students, your scholarship comes with the stipend. However, there is no work requirement for the scholarship and UD can still offer a scholarship if a SEVIS is terminated. Fellowships are different as most, if not all, don’t have a work requirement, meaning they won’t be cancelled. The Graduate College is investigating this now to get more guidance on this.

How do you get financial support to pay an attorney? – UD is looking at expanding its legal resources. At this time they can offer the consultation. Student life has emergency funding and the Immigration Advocates Network has a list of non-profit legal groups.

What are the options for me if my SEVIS is revoked? This is a very personal decision for you. It would be a discussion with you, the Graduate College, Student Life, and your advisor. Any student can take a leave of absence. There are processes in place and would be something you discuss with your department. Students can still receive a scholarship. There is also a possibility to continue abroad. This is a case-by-case basis and you would work with your advisor and department. 

What happens if I don’t have my documents on me and I am stopped? This could be used now as grounds to say you’re not maintaining status. This is why CGPS recommends carrying documents on you at all times, especially a physical copy of your I-94. A copy of your passport is also a good thing to carry.

Does SEVIS termination also terminate your drivers license? There has been no report of this having and they don’t think they have the authority to do so.

Is there guidance on the federal government checking social media? The government has said they are monitoring social media but we don’t know the extent or how. Use your discretions with what you post, but we don’t have any information on the extent of what they are looking at.

Has UD asked the current administration what is happening and why? Yes, many times in formal letters that have gotten no reply. UD is responding through its national organization APLU. The federal government is being less cooperative than ever. Everything UD knows has been shared with the student body and it’s alarming how little information is being shared by the federal government.