SEVIS I-901 FEE

USCIS: New Photo Requirements as of September 1, 2004

On August 2, the Department of Homeland Security's (DHS) Bureau of Citizenship and Immigration Services (USCIS) announced that it has changed the specifications for photographs that are submitted for immigration benefit applications such as employment authorization documents and adjustment of status applications. Starting September 1, 2004, it will no longer accept the "ADIT style" photographs that required the subject to be in a three-quarter face position. Starting September 1, it will only accept color, full-frontal photographs. Prior applications that were submitted with old-style photos before that date will be processed. To view the USCIS flyer with the new photo instructions, access: http://uscis.gov/graphics/publicaffairs/newsrels/04_08_02Photo_flyer.pdf.

ADDRESS NOTIFICATION

F-1 students are now required to provide a valid current address to the DHS, including change of address, within 10 days.  If an F-1 student willfully fails to provide their address to the DHS, the student may face penalties including imprisonment for not more than 6 months and a fine of not more than $1,000 or both.  Section 266(b) of the Act provides that an F-1 student who fails to give written notice of a change of address may be fined not to exceed $200, or imprisoned for not more than 30 days, or both.  This section also provides that the student shall be taken into custody and removed from the United States.  Forms published by the DHS will be revised to contain a mandatory notification.  Click link to go to form AR-11.  http://www.uscis.gov/graphics/formsfee/forms/ar-11.htm

F-1 students can also satisfy this requirement by notifying, in writing, the DSO at the I-20 issuing school within 10 days of the change of address.  The DSO is required to update SEVIS within 21 days of receiving the notice of change of address.

Documents For Non-Immigrants to Carry When Traveling Within the United States

The only document required "by law" to be carried "on one's person" while in the United States is the alien "registration document." For non-immigrants, this is Form I-94. For immigrants, it is the green card. (Actually, this little-known law, section 264(e) of the Immigration and Nationality Act (INA), requires people to carry their registration document "at all times.")

However, some advisers as well as some immigration attorneys have reported instances of non-immigrants traveling domestically by air being asked at airports to present not only their I-94, but also their passport and other immigration documents (such as Form I-797) related to their specific status in the United States. While passports and other documents are not specifically required to be carried "on one's person" by law, many advisers and attorneys have begun recommending that non-immigrants carry their Form I-94, their passport, and any other official document that evidences their status (for example, Form I-20, Form IAP-66, or Form I-797).

(From NAFSA FAQs)

Does the expiration date on a person's U.S. visa in the passport have any relationship to the length of time that person can remain legally in the United States?

The validity of a person's visa stamp (which is issued by the Department of State) does not affect how long INS can authorize the person to stay in the United States. Unfortunately, people not in our profession may not be aware of that fact. It may be helpful, therefore, to have quick access to the regulation that confirms this. The regulation, found in Title 22 of the Code of Federal Regulations, is so clear and concise that we'll repeat the exact language here:

[22 C.F.R. section 41.112(a)]  "Significance of period of validity of visa. The period of validity of a nonimmigrant visa is the period during which the alien may use it in making application for admission. The period of visa validity has no relation to the period of time the immigration authorities at a port of entry may authorize the alien to stay in the United States."

It is the expiration date on the person's I-94 card that evidences the authorized period of stay. Some non-immigrants have been admitted by INS for a period known as "duration of status," and have the notation "D/S" recorded on their Form I-94. D/S means different things for different categories. In the case of an F-1 student, D/S means the period they are pursuing a full course of study (the deadline for completing the full course of study is shown on their Form I-20), plus any periods of authorized optional practical training, plus an additional 60 days to prepare for departure. For J-1 exchange visitors, D/S means the program completion date on their Form IAP-66 plus 30 days to prepare for departure.

(From NAFSA FAQs)