I-17 Appeals and Motions information for SEVIS schools

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I-17 Appeals and Motions information for SEVIS schools

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This item was posted in November 2011. It can now be considered as historical data. It is full of dead links. ...

This item was posted in November 2011. It can now be considered as historical data. It is full of dead links.

Now see: http://studyinthestates.dhs.gov/us-immigration-and-customs-enforcement

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  • 1. Information for SEVIS SchoolsThe Student and Exchange Visitor Information System (SEVIS) is a web-accessible database used by the Department of Homeland Security (DHS) tocollect, track and monitor information regarding exchange visitors, internationalstudents and scholars who enter the United States on F, M or J visas. SEVIS ismanaged by the Student and Exchange Visitor Program (SEVP) within U.S.Immigration and Customs Enforcement (ICE).The Student and Exchange Visitor Program (SEVP) School Certification Branch(SCB) or SEVP Analysis and Operations Center’s (SAOC) issues the initial ICEdecisions on participation in SEVIS formerly handled via the Legacy INS forms:  Form I-17, Petition for Approval of School for Attendance by Nonimmigrant students,  Form I-17A, Designated School Officials, and  Form I-17B, School System Attachment, as well as the  Form I-538, Certification by Designated School Official, and certain other obsolete forms and processes. Appeal or Motion to Reopen/Reconsider on a Notice of Denial, Automatic Withdrawal (AW) or Withdrawal on Notice (WON) Filing Your Appeal or MotionIf you recently received a Notice of Denial, Automatic Withdrawal (AW) orWithdrawal on Notice (WON) you might be able to appeal it or file a motion toreopen and/or reconsider it. Such initial determinations are adjudicated by eitherthe Student and Exchange Visitor Program’s (SEVP’s) School Certification Branch(SCB) or SEVP Analysis and Operations Center’s (SAOC). In many cases, youmay file an appeal or a motion in response to an unfavorable initial decision.You should review the written decision that was issued to your school by SCB orSAOC. The written decision will inform you of the reasons for denial, withdrawal,or automatic withdrawal. The notice will inform you of your rights to file an appealand/or motion as well as the process and filing deadlines. Before you beginassembling evidence concerning an appeal or motion, please make note of theamount of time available to file the appeal or motion. Page 1 of 4
  • 2. To aid the practitioners who are accustomed to dealing with USCIS, its variousDirectors, and the AAO, it may help to equate a SEVIS withdrawal with a USCISpetition revocation in that these types of unfavorable decisions only allow half thenormal time to file an appeal as a straight-out denial with the same proviso as to anextra three (3) days if a decision is issued by ordinary U.S. postal snail-mail.  By regulation, schools denied certification have thirty (30) calendar days to file an appeal and schools withdrawn from certification have fifteen (15) calendar days to file an appeal.  By regulation, schools wishing to file a motion to reopen or reconsider have thirty (30) calendar days to file for either a denial or withdrawal of certification.  If you received your Notice of Denial, AW or WON by mail, by regulation, you have an additional three (3) calendar days to file your appeal or motion; therefore, the motion must be emailed or faxed by the 33rd calendar day and the appeal must be filed by the 33rd calendar day for a denial or by the 18th calendar day for an AW or WON.  The petitioner must meet these deadlines in order to submit a timely filed appeal or motion.  You may file your appeal or motion electronically by sending it to SEVP.Appeals@dhs.gov or by fax to 703-603-3598.See 8 C.F.R. 103.3, 8 C.F.R. 103.5(a)(1) and 8 C.F.R. 103.5a(b). Average Processing Time for an Appeal/MotionThe review process ensures that your school’s specific situation is given maximumconsideration. Because of the complexity of each appeal or motion and thenuances of each school’s situation, ICE is not able to provide you with an exacttimeframe for receipt of your final decision. ICE can assure you that it treats eachappeal or motion with the same thorough review, striving to complete the review inthe timeliest manner possible. The official that made the initial decision has aregulatory maximum of forty-five (45) days to decide if an Appeal should betreated as a Motion before forwarding an Appeal to SAT.If you have any questions or concerns as your appeal or motion is being processed,please contact the SEVP Appeals Team (SAT) at SEVP.Appeals@dhs.gov andthey will respond to your concerns as expeditiously and completely as possible. Page 2 of 4
  • 3.  Below from: http://www.ice.gov/sevis/appeals/faq/ (Go and explore.)Frequently Asked Questions (FAQs) about Appeals and Motions 1. What is the difference between filing an Appeal and a Motion? Motions to reopen or reconsider the Notice of Denial, AW, or WON are adjudicated by the official who made the latest decision in the proceeding (i.e. the SCB or SAOC Adjudicator). These SCB and SAOC motions are not forwarded to SAT for adjudication. The SCB and SAOC decisions on motions are reviewed and signed by the SCB Branch Chief or SAOC Chief. An appeal of a Notice of Denial, AW, or WON is first reviewed by the official who made the unfavorable decision being appealed (i.e. the SCB or SAOC Adjudicator). This official decides whether or not favorable action is warranted within forty-five (45) calendar days of receipt of the appeal, by regulation. If the reviewing official determines that favorable action is warranted, then the reviewing official may treat the appeal as a motion to reopen or reconsider and take favorable action. If the reviewing official determines that favorable action is not warranted, that official shall forward the appeal and the Record of Proceeding (ROP) to SEVP Appeals Team (SAT) for adjudication of the appeal. SAT’s appeal decision is then reviewed by several entities within Immigration and Customs Enforcement (ICE) to ensure policy compliance and legal sufficiency. The appeal decision is reviewed and signed by the SEVP Director. Petitioner may request an additional 30 days to submit the appeal brief by checking this option on the Form I-290B. There are no extensions permitted for the filing of a motion. See 8 C.F.R. 103.5(a)(1)(i), 8 C.F.R. 103.3(a)(2) and 8 C.F.R. 103.3(a)(2)(vii). NOTE: ICE is utilizing USCIS Forms I-290B, Notice of Appeal or Motion (go to http://www.uscis.gov/files/form/i-290b.pdf) and Form G-28, Notice of Entry or Appearance as Attorney or Representative (go to http://www.uscis.gov/files/form/g-28.pdf). The crucial difference is that ICE is not requiring any fee (probably because of the lack of infrastructure to process fees as evidenced by the complexity to just pay the SEVIS I-901 fee). 2. How do I file an Appeal? 3. Who reviews my Appeal? 4. What are the requirements for filing a Motion? 5. How do I file a Motion to Reopen? 6. How do I file a Motion to Reconsider? 7. Who reviews my Motion? 8. Who may file an Appeal or Motion? 9. Is there a fee for filing an Appeal or Motion? There is currently (as of 11/16/2011) no fee associated with filing either an appeal or motion. 10. How long do I have to file a Motion? 11. How long do I have to file an Appeal? Page 3 of 4
  • 4. 12. Can I request additional time to file a Motion? No, but ICE may exercise its discretion to excuse a late Motion. So, you can file a late Motion and try to make a case to be excused through an exercise of discretion. 13. Can I request additional time to file an Appeal? Sort of, the petitioner may only request additional time to submit a brief in support of an appeal by checking the box on the Form I-290B requesting one thirty (30) day extension. The I-290B used to make that request musty itself be timely filed or face a potential summary dismissal or outright rejection as untimely. Depending on the reason for the underlying denial or withdrawal, the school could have to wait out a full year since the date of that underlying denial or withdrawal before it may re-file a new request for certification. ICE retains discretion to act sua sponte but may not excuse a late Appeal filing. ICE may only exercise discretion to excuse a late Motion. So, if you miss the appeal deadline, the appeal had better meet the requirenments of a Motion in order to be treated like one. 14. Where do I submit my Appeal or Motion? You may file your appeal or motion electronically by sending it to SEVP.Appeals@dhs.gov. The appeal or motion may also be faxed to: 703-603-3598. 15. Do I need an attorney to file an Appeal or Motion? 16. Do I always have the option to file an Appeal? 17. If I decide not to file a Motion or Appeal, do I have any other options? 18. What new information can I provide on Appeal or Motion? 19. What happens if information on my Form I-17 petition changes during the Appeal/Motion process? A material modification to a Form I-17 petition constitutes any change in information pertaining to any of the following categories listed in 8 CFR 214.3(h)(3)(i): School officials should always immediately report changes to information on the Form I-17 petition to SEVP. A school official may send an email to SAT at SEVP.Appeals@dhs.gov, and SCB at initial.sevis@dhs.gov or SAOC at sevp.compliance@dhs.gov, informing of changes made to the Form I-17 during adjudication of the appeal or motion. Use these same e-mail addresses to report changes in contact information while blocked from updating via SEVIS. 20. How do I know the status of my Appeal or Motion? 21. How am I notified of the decision on Appeal or Motion? 22. How do I contact SAT if I have additional questions? 23. My Appeal was dismissed, do I have any other recourse? You may file a motion to reopen or reconsider the appeal decision with SAT. See the document provided with your Notice of Appeal, “Information on Filing a Motion to Reopen/Reconsider a Dismissal of an Appeal”, for further instructions. No further administrative appeal shall lie from the dismissal of an appeal.See 8 C.F.R. 103.3(a)(2)(iii). Page 4 of 4