CONCEPT – US STUDENT VISAS - I-20, SVEP, SEVIS

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 CONCEPT – US STUDENT VISAS - I-20, SVEP, SEVIS

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• Student Visa : Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. You must have a student visa to study in the United States. Your course of study and the type of school you plan to attend determine whether you need an F visa or an M visa.
• The 2019 sting op : In an elaborate plan over 3 yrs, the US Homeland Security Department created a fake university solely to trap illegal immigrants and the agents aiding them to extend their stay in the country under the guise of being a student. Of eight students arrested for being ‘agents’ (mostly from Andhra Pradesh or Telangana) around 600 students are being investigated, of which at least 100 are Indian students.

1. Following the incident, the Ministry of External Affairs issued a demarche to the United States Embassy in New Delhi.
2. The fake university was set up by the DHS's investigating unit in Greater Detroit area to bust the "pay-and-stay" racket.
3. Eminent Indian-Americans and some media outlets have also questioned the modus operandi of the US government in the detention of Indians in the "pay-and-stay" university visa scam, saying "trapping of innocent students" is a "crime, illegal and immoral“

• I-20 Form : The Form I-20 is a United States Department of Homeland Security document issued by SEVP-certified schools (colleges, universities, and vocational schools) that provides supporting information on a student's F or M status.
• SVEP : The Student and Exchange Visitor Program (SEVP) is a part of the National Security Investigations Division and acts as a bridge for government organizations that have an interest in information on nonimmigrants whose primary reason for coming to the United States is to be students.

1. What SEVP does? The Student and Exchange Visitor Program (SEVP) is the Department of Homeland Security (DHS) program that administers the Student and Exchange Visitor Information System (SEVIS). 
2. It ensures that government agencies have essential data related to nonimmigrant students and exchange visitors to preserve national security. SEVP provides approval and oversight to schools authorized to enroll F and M nonimmigrant students and gives guidance to both schools and students about the requirements for maintaining their status.
3. From the introduction of the Student and Exchange Visitor Information System (SEVIS) run by SEVP, the form includes the student tracking number (SEVIS ID number) and school code. The Form I-20 is only for F-1, F-2, M-1, and M-2 statuses. J-1 and  J-2 status holders have an equivalent Form DS-2019 which is issued by a United States Department of State-designated J exchange visitor program.
4. On behalf of the Department of Homeland Security (DHS), SEVP manages schools, nonimmigrant students in the F and M visa  classifications and their dependents. The Department of State (DoS) manages Exchange Visitor Programs, nonimmigrant exchange visitors in the J visa classification and their dependents. Both SEVP and DoS use the Student and Exchange Visitor Information System (SEVIS) to track and monitor schools; exchange visitor programs; and F, M and J nonimmigrants while they visit the United States and participate in the U.S. education system.

• What is SEVIS? SEVIS is a web-based system for maintaining information on international nonimmigrant students and exchange visitors in the United States. It is the core technology for the DHS in this critical mission. SEVIS implements Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which requires DHS to collect current information from nonimmigrant students and exchange visitors continually during their course of stay in the United States. In addition, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act; Public Law 107-56, amended Section 641) mandated implementation of SEVIS prior to Jan. 1, 2003.
• What is the purpose of SEVIS? SEVIS tracks and monitors nonimmigrant students and exchange visitors. If accepted by an SEVP-certified school, foreign students may be admitted to the United States with the appropriate F or M nonimmigrant status. SEVIS also provides a mechanism for student and exchange visitor status violators to be identified so that appropriate enforcement is taken (i.e., denial of admission, denial of benefits or removal from the United States).
• Who are F and M nonimmigrant students? The Immigration and Nationality Act (INA) provides for the admission of different classes of nonimmigrants who are foreign nationals seeking temporary admission to the United States.

1. The purpose of the nonimmigrant’s intended stay in the United States determines his or her proper nonimmigrant classification. Some classifications permit the nonimmigrant’s spouse and qualifying children to accompany the nonimmigrant to the United States or to join the nonimmigrant here. To qualify, a child must be unmarried and under the age of 21.
2. F-1 nonimmigrants, as defined in section 101(a)(15)(F) of the INA, are foreign students coming to the United States to pursue a full course of academic study in SEVP-approved schools. An F-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an F-1 student.
3. M-1 nonimmigrants, as defined in section 101(a)(15)(M) of the INA, are foreign nationals pursuing a full course of study at an SEVP-approved vocational or other recognized nonacademic institution (other than in language training programs) in the United States. An M-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an M-1 student.

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