October 24, 2011
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.
October 21, 2011
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.
“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.”
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.
Students are advised that this information is not legal advice and that they should consult with their own attorney to determine whether this option is advisable for them based upon their unique circumstances. This statement by the CBP officials does not absolve a student from still meeting all legal requirements consistent with the visa category in which they are seeking to enter. Students are directed to seek legal counsel if they have further follow-up information as the CGISF cannot advise on U.S. immigration laws, and instead is simply conveying details it has received.