Lee & Garasia, LLC
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ICE releases guidance to F-1 students of PC Tech Learning

On August 9, 2012, ICE (Immigration and Customs Enforcement) issued a Withdraw of Notice to PC Tech, thereby stripping the school of its ability to enroll foreign students. (PC Tech does have a right to appeal the decision.)
The link can be found here: http://www.ice.gov/sevis/alerts/pc-tech.htm.
It also released guidance to foreign students currently enrolled at PC Tech Learning, many of whom--up to now--were still understandably confused as to what their status is and what their options are. Fortunately, unlike the way in which the Department of Homeland Security aggressively rounded up (sometimes arresting) and summarily ousted students enrolled at Tri Valley University in California, the government seems to be taking a more measured approach to the general student body here, who in all fairness, don't seem to be involved in the activities PC Tech's officials are accused of.

ICE is essentially giving students two options: Option number one is to transfer their F-1 to another school. The student would have to apply for admission to another school immediately, which would then issue a recommendation for reinstatement to SEVIS if the school wishes to enroll the applicant. Upon receipt of an I-20 and reinstatement documents, the prospective student must file an I-539 application with USCIS to restore his/her status.

Option Number Two: Leave. This presumably applies to students unable to transfer for whatever reason. If the student does not presumably leave or transfer, ICE will at some point catch up to him/her and take the appropriate action, which in most cases means issuing a Notice to Appear (NTA) and referring the matter to Immigration Court.

This guidance from ICE appears to be general guidance to those who have not already been contacted directly by ICE or received correspondence from USCIS. In the second situation, for example, a person may have been issued a Request for Evidence or Notice of Intent to Deny. In those cases, the person would obviously have to adhere to whatever deadlines and requests are specifically outlined in those notices. If the alleged deficiencies or questions propounded by USCIS (note: a different agency than ICE, although they are both under the Department of Homeland Security) are not addressed, then their applications under consideration will most likely be denied. Whether an individual has or has not been contacted by ICE or USCIS, it is always a good idea to seek out advice and counsel from a qualified immigration attorney. When it comes to something as important as one's status, one should not just read things on the internet and think he/she knows how to solve the problem. Everybody has different circumstances and facts to their own particular case.

PROFESSIONAL RECOGNITION

    • The National Advocates | Top 100 Lawyers
    • Rated by Super Lawyers | Angie Garasia | 5 Years
    • Avvo Rating 10.0 | Superb
    • Client Distinction Award martindale.com | 2016 Martindale-Hubbell Client Distinction Award
    • New Jersey State Bar Association | Paris Lee Chair - Immigration Section 2015-2016
    • Nationally Recognized | Newsweek Nationwide Showcase | Top Attorneys 2013
    • New Jersey Chapter | American Immigration Lawyers Association | Angie Garasia | Chapter Chair 2015-2016
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Lee & Garasia, LLC
190 State Route 27
Edison, NJ 08820

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