The Consulate will remain CLOSED on April 6, 2012 (Friday) - Good Friday

October 24, 2011

Washington, DC

Pursuant to the meeting of senior officials of the Embassy with the officials of the Department of Homeland Security (DHS), Department of State, ICE and USCIS on 21 October 2011 regarding issues relating to Indian students of Tri-Valley University, California, the Ambassador of India to the US, Mrs. Nirupama Rao, spoke to Deputy Secretary of the Department of Homeland Security Jane Holl Lute on 24 October 2011, and has also written to the US Secretary of State Honorable Hillary Clinton, reiterating that the Indian students of Tri-Valley University have undergone hardship since the closure of the University and that their cases be viewed in their totality with understanding and in a fair and reasonable manner. The Embassy of India is continuing its efforts with US authorities for addressing the concerns of TVU students.

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October 21, 2011

Washington, DC

        Officials of the Department of Homeland Security (DHS), Department of State, ICE and USCIS met representatives of the Embassy today (October 21, 2011), and discussed the issues relating to Indian students of Tri-Valley University, California.  US officials informed that of more than a thousand students who were being considered for transfer to other universities, 435 transfers were approved, 145 were denied and about an equal number were issued with Notices of Intention to Deny (NOIDs).  The remaining cases of transfer are still under examination.  

        It was further informed by US officials that the cases of students have been examined individually after evaluating all the information provided by the students.  They have advised that students who have received NOIDs should reply to the notices in stipulated time with required / additional information/documents. 

        The Embassy of India impressed upon US officials that the Indian students of Tri-Valley University have undergone hardship since the closure of the University and that their cases should be viewed with understanding.  

        The Embassy of India is continuing its efforts with US authorities for addressing the plight of TVU students.

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“During a meeting between Ambassador, ICE, SEVP officials and TVU students on April 15, 2011, Mr. Louis M. Farrell provided the following information relevant to all former TVU students:

1. Cases of students who were interviewed and not issued Notices to Appear (NTAs) are still under consideration.

2. Field offices of ICE have been informed that all the TVU students should not be assumed to be guilty and their cases be dealt with proper understanding.

 3. Instructions have been issued for expediting the reinstatement cases.  He also indicated that the reinstatement takes about two to three months. 

4. Students who have been issued or being issued NTAs could still continue with their reinstatement cases.

 5. ICE is considering release of status of TVU students with no NTAs and a decision on this is still awaited.”

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On March 23, 2011, officials with the Customs and Border Patrol, San Francisco Regional Office recently stated at a meeting with attorneys from the American Immigration Lawyers Association Santa Clara Valley Chapter (AILA-SCV) that former Tri-Valley students seeking admission to the U.S. with a valid student visa and a valid initial I-20, and were not inadmissible should not be barred admission.  The CBP officials limited their discussion to their own jurisdiction and cannot provide official information on national policy or individual cases.  AILA-SCV is awaiting confirmation notes of this discussion.

•  Counter Submitted Passport Application received on or before December 19, 2011, have been processed and are ready for collection from the Consulate on any working day between 1000 Hrs - 1200 Hrs and 1600 - 1645 Hrs. This excludes lost/damage passport cases and other categories where applicants have been apprised of the processing time and also cases where clearances are awaited
•  Mail Submitted Passport Application received on or before December 19, 2011, have been processed and dispatched. This excludes cases and other categories where applicants have been apprised of the processing time and also cases where clearances are awaited.

Interested applicants may kindly vcaa@cgisf.org their complete CV including DMV driving record.

The Consulate, on behalf of students victim of Tri-Valley University fraud, is in contact with ICE and concerned  US authorities  to find out possible options for these students to seek admissions in other  universities or to return without prejudice to India.  
 We have been contacted by a large number of students and to facilitate effective communication and dissemination of information, we will periodically update this space.

 All affected students may take note of the following:
 1.         The ICE advisory for all students of Tri Valley University is on their website (www.ice.gov/sevis/tri-valley-110118.htm). It is providing  guidance to eligible students on available options including the option to depart.

 2.         Students who have not received NTAs are advised to actively pursue reinstatement by filing I-539 with USCIS or other available immigration options. However, before filing for I-539 they should follow the procedure for first getting their hold on SEVIS released and obtaining a new I-20 from an accredited university. There will be no blanket reactivation of SEVIS. It will be done on a case by case basis.

 3.           Students who have received NTAs are advised to speak to Attorneys before taking any action.

 4.        Those students who are presently in India with TVU sponsored Visas should not travel to the US. They can apply to other universities and, if admitted, can apply for new visas.

 5.         ICE has advised that students thoroughly research the credentials of a university before applying for admission. They must ensure that the university is not only accredited at the Federal but also at the State level. For California, students can call California Department of Consumer Affairs, Bureau of Private and Post Secondary Education at 1 (888) 370-7589 to find out about the accreditation status of the university.

6.         Since TVU was not accredited by the above Department in California, its credits cannot be used for transfer to other universities anywhere in the US. Students will need to seek admissions afresh.

7.         For students who came to the US very recently or transferred from other accredited universities to TVU or had lawful status in the US (for example H4) and are now holding F1 visas sponsored by TVU, should present their cases to ICE. Those students found by ICE not to be in violation of any visa or immigration laws are most likely to be given opportunity to adjust their status.

8.         Please see the link below. At the bottom of the list, you will be able to find the free immigration legal service providers in the San Francisco Bay Area. http://www.justice.gov/eoir/probono/freelglchtCA.htm . Some of these attorneys may even agree to accompany you when you report to the ICE. This might be helpful.

9.         Students should ensure that admission fees is refundable before taking admission in a new school.  
 
10.        ICE has provided a hotline (415)844-5320 or  SFRHSIFraud@dhs.gov  on which students wishing to provide information regarding fraud at TVU can do so.

11.       Students are also advised to convey their names and contact particulars to the Consulate or at the dedicated email address: sfocongen@cgisf.org (Please indicate your current place of residence for us to able to assist you) Students are advised to contact the nearest Consulate/Embassy.

12.       Students looking for pro-bono legal assistance can approach the South Asian Bar Association by writing on one of the following                   emails : president@southasianbar.org  or  probono@southasianbar.org."


Last updated on:25 February 2011

The Consulate General of India, San Francisco has decided to outsource the handling of OCI/PIO/Renunciation applications to M/s. Travisa Outsourcing. The outsourcing arrangement in respect of the area falling under the consular jurisdiction of this Consulate will come into effect on 8 March, 2011. 

M/s Travisa Outsourcing will receive OCI/PIO/Renunciation applications with effect from 8 March 2011. All applications received by Travisa Outsourcing will be acknowledged to the applicants by the next working day.  For detailed guidelines on submitting the applications, documentation requirements and fee etc., kindly visit the following link:

https://indiavisa.travisaoutsourcing.com/homepage

       Any such application received after February 11, 2011 directly in the Consulate will be returned unprocessed at the cost of the applicant.    Applicants can apply for such services again from March 8,  2011 at Travisa Outsourcing.  Please check Travisa website for more details. Application received by the consulate before Feb 11, 2011 will continue to be processed by the consulate.

Recent changes announced that have affected the processing of Visas/PIO/OCI cards:

1.                 Need to renounce Indian citizenship: The rules and the fees for renunciation of Indian citizenship is not a new regulation but derives from the Indian Citizenship Rules of 1956, which was renotified with amendments by the Ministry of Home Affairs as Citizenship Rules 2009, and came into force from 25 Feb, 2009. The fee had been revised on few occasions in the past and the present fee structure is valid from 25.2.2009.

(a) The present fees of $20 being charged by the Consulate for renunciation certificates, is actually a miscellaneous service fee.

(b) The actual fees of $175 is being charged for renunciation from applicants who naturalized on or after 1.6.2010.

(c) The Government has clarified that there would be no refund of fees which were received during the brief period in June 2010 when $175 was charged for renunciation of Indian citizenship since at that time the rules were in effect. (d) Based on the request of the Indian community to not charge the renunciation fee retroactively, the Ministry agreed to set 31.5.2010 as the cut off date for the purpose of renunciation fee between past and future cases.

2.                 Renunciation versus surrender: Surrender of Indian Passport cannot be completed in the absence of the physical last held Indian Passport. However, we have made it possible for those who have lost their last held Indian Passport to fill out a certificate of renunciation of Indian citizenship form, which is also available on our website. A notarised affidavit stating that the last Indian passport is lost and that it was not misused for travel, would be required along with the application.

3.                 Details of penalties imposed for misuse of Indian passports can be seen on the Ministry of Home Affairs website. Penalty is applicable only for misuse of Indian passports whose final validity expired on or after 1.1.2005. Penalty would arise for misuse of Indian passport after 90 days of acquisition of foreign nationality. Penalty would be levied if a person retains the Indian passport beyond 3 years of acquisition of foreign nationality or travels on the Indian passport beyond the grace period of 3 months on a passport whose final validity expired on or after 1 January 2005.

4.                 Entry visas and tourist visas can both be taken by people of Indian origin: There is a rule requiring a gap of 60 days before reentering India on Tourist visas. Waivers to reenter India within 60 days on tourist visas can be given by the Consulate to existing Tourist visa holders only for travel in death or serious medical emergency pertaining to a close family member. Those who need to travel frequently should either obtain OCI cards or Entry visas as waivers would not be given for routine travel. Re-entry restrictions only apply to Tourist visa holders. The responsibility for avoiding misuse of visa vests on the traveler.

5.                 There have been a large number of inquiries regarding the need for the renunciation or surrender certificate for travel to India. The certificate is not required for travel. However, the law requires that all Indian Passports be surrendered on acquisition of foreign nationality.

6.                We have also seen a very emotional response from the community to some of these requirements. Please understand that the Consulate is only an implementing agency. However, we do convey the sentiments of the community to the government but the final decision is that of thr GOI. Please also understand that there have been several cases of abuse of Indian Passports which resulted in strict enforcement of already existing rules.

7.                 One of the frequent complaints that we receive is that we don’t answer telephones and emails. As far as possible Consul General and other officers directly respond to emails received by them. The CG does not respond to routine requests for expediting or status in consular queries. In cases where the answers are already available on our website, we sometimes are unable to respond due to the sheer volume of emails. Currently, we do not respond to most telephone calls for two reasons: it is impossible to answer specific questions pertaining to individual cases without having the details in front and secondly, it is better to have the questions and answers in writing so that there is no misunderstanding by either party;

8.                 Consistent efforts are being made to improve the quality of services being provided by the Consulate and Travisa based upon the feedback received from the applicants.

9.                 We are often asked for the rationale for a particular documentary requirement or a rule. Please rest assured that we have good reasons to ask for the same and a protracted argument on these is of no use. Your work would be done much faster if you provide the documents asked for at the first instance.

10.              We are often pressured by applicants to rush their cases on the ground that they had booked their tickets. While we understand your predicament, we have always been advising not to book your tickets before receiving your visas.

Visa Instructions on Travisa website Please apply directly.

• Renunciation/ Surrender Certificates should be applied along with request of service for Visa & 60 days entry waivers (through Travisa outsourcing) and PIO/OCI.
• All naturalized US citizens of Indian descent, who have already acquired foreign citizenship voluntarily in the past shall cease to be Indian citizens upon their acquiring foreign citizenship. However, such persons are required to renounce their Indian citizenship and/or obtain surrender certificate for their Indian passports, whether valid or expired, so that the passport is not misused the same form can be used for renunciation of citizenship or surrender of passport. If you do not physically have your last held Indian passport, you can apply only for renunciation of Indian Citizenship with a photocopyof the passport/details of the passport filled in column -- of the form/ and affidavit renouncing your citizenship giving full details of your passport.
• If you have a ‘passport cancelled on acquisition of US(foreign) nationality’  stamp on your passport, there is no requirement of acquiring “surrender certificate”.
• For those persons of Indian origin who have already acquired foreign citizenship till 31 May 2010, the fee for renunciation/surrender is $20.
• For those, who acquire foreign citizenship on or after 1 June 2010, the fee the fee for surrender certificate is $175.
• Cases of renunciation / surrender of passport, received/processed up to 31 May, 2010 will not be re-opened and the amount of US$ 175/- will not be refunded.  No email/phone queries will be entertained in this regard.

Obtaining Renunciation / Surrender Certificate

It has been our effort to make the website more user friendly in response to all the advice and inputs we received from people we are serving. We hope that the website now, meets more of the requirements of our people. We look forward to your feedback to make the website being better.

Susmita G. Thomas

Consul General

TRAVEL ADVISORY : ...For International travellers to India coming from Swine Influenza A(H1N1) affected countries

Person travelling with OCI Cards are advised to carry both the OCI card and also passport carrying U visa.