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On January 21, 2011, ICE (the immigration agency charged with enforcement of U.S. immigration laws) charged Tri-Valley University in Pleasanton, CA, with violating U.S. immigration laws by making false statements to the Dept. of Homeland Security (DHS). ICE filed a complaint in federal district court charging the University with facilitating illegal status and visas for hundreds of students in the United States and labeled the institution a “sham” educational institution.

ICE’s actions affect the lawfulness of the F-1 status of all foreign students enrolled at this institution by calling into question whether their F-1 status remains valid. ICE is currently recommending that students contact the nearest ICE Office for further instructions. In many cases, ICE will recommend that students seek voluntary departure from the United States. DHS and ICE are given the authority to grant voluntary departure without any proceedings in immigration court by Title 8 C.F.R. § 240.25(a), under prescribed conditions. Under this provision, ICE may grant the affected individual:

• A maximum of 120 days for voluntary departure, issuing a formal notice using Form I-210 to grant voluntary departure.
• If an individual agrees to voluntary departure and then fails to depart under these terms, ICE can impose penalties ranging from fines to a restriction on re-entry to the United States for 10 years.

Voluntary departure may be appropriate for some students. However, to fully understand whether this is the right alternative and to fully evaluate your options, it is important to consult with an immigration attorney before accepting voluntary departure. Changing status may be a possibility and a case-by-case determination is warranted. For example, students who were previously present in the United States in another lawful status before admission to the institution may be able to change status by filing a new application. Students who have other family ties to the U.S., such as a spouse on an H-1B visa for example, could apply to become a dependent of their spouse. The possibilities depend on the specific individual’s circumstances. ICE’s preliminary correspondence on this issue indicates that they will make a case-by-case determination of the circumstances of individual students. Additionally, Voluntary Departure comes with certain restrictions that should be fully evaluated.

Many questions remain unanswered. It is unclear whether ICE’s closure of the institution has immediately terminated the F-1 status of students. This issue could be argued during removal proceedings to foreclose a finding that a student has been in unlawful status and to facilitate a change of status application. Nonetheless, it is apparent that the longer a former student of this institution remains in the United States without changing status (or adjusting status, if this is a feasible alternative), the greater the possibility that only (i) Voluntary Departure, discussed above, and (ii) Initiation of Removal Proceedings by ICE are likely alternatives. This is because valid status is a pre-condition for the approval of an application to change status. While gaps of a few weeks may be acceptable, extended gaps will be heavily scrutinized and potentially bar approval of an otherwise valid change of status application. Extended stays in the United States after the closure of the institution without changing status further raise the possibility that a student could be found to be unlawfully present in the United States, which in turn could trigger 3 and 10 year admissibility bars on re-entry into the United States, depending on the duration of one’s unlawful presence. It therefore is more sensible for affected individuals to file a change of status application, if one is possible, sooner rather than later.

It is also apparent that this is a very fluid situation. Due to the disproportionately large number of Indian students at the institution, the Indian Consulate in San Francisco is currently advocating on their behalf and communicating with ICE. They have posted the following update with recommendations for affected students: http://www.cgisf.org/alerts/view/20. ICE has also indicated that it will provide an additional advisory on this situation next week.

Zhang and Associates invites any students affected by this situation to contact us for an evaluation of your options. Former Tri-Valley University students can contact Tejas Shah at tshah@hooyou.com or 1-800-230-7040, ext. 53, to set up an appointment. Our attorneys in the Bay Area and elsewhere in the country are prepared to work with you and advise you with appropriate sensitivity to your specific circumstances.

Every student affected by this difficult situation needs to evaluate their immigration options. While additional guidance is forthcoming, it is essential that students understand their options and begin to plan accordingly to protect themselves.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past fourteen years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, PC.

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Tel：	1-800-230-7040, 713-771-8433
Email：	info@hooyou.com
website：	http://www.hooyou.com

 

(01/24/2011)

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