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US move of tagging Indian students unacceptable: India

Some movement on the Tri-Valley University:

Radio Collars Removed from 12 Tri-Valley University Students

Radio collars have been removed from 12 out of 18 students of the sham Tri Valley University in California, said the National Human Rights Commission (NHRC) which had issued a notice to the Indian ministry of external affairs on the issue.

“The ministry of external affairs (MEA), in response to the NHRC notice, has informed that radio collars have been removed from 12 out of 18 students in Tri Valley University in California, and the same are expected to be removed from the remaining students very soon,” a statement said March 15.

Taking suo motu cognizance of media reports alleging human rights violation of the students who were victims of visa fraud, the commission had issued a notice to MEA through its secretary Feb 7 calling for a report in the matter.

A communication from Foreign Secretary Nirupama Rao on the issue said that India had strongly protested radio collars as unacceptable, demanding should be removed immediately.

“We have also conveyed that we expect the U.S. government to take steps to prevent such universities from exploiting foreign students,” Rao said.

Nearly 1,500 Indian students affected by the sham US university face the prospect of deportation unless they can secure admission to another school to maintain their visa status. Out of them, 18 Indian students were radio-tagged to prevent their fleeing.
– ians

News India Times - Radio Collars Removed from 12 Tri-Valley University Students

Visa relief in sight for Indian students conned by Tri-Valley varsity


Pushed to the back foot following India's strong reaction on the California-based Tri-Valley University fraud, the US hinted it is ready to reinstate the immigration status of the affected Indian students .
The Indian consulate in San Francisco on Sunday received a communication from the US Immigration and Customs Enforcement (ICE) that is probing the fraud, indicating that the agency would consider the possibility of reinstating their student visa status using the I-539 form.

Sources said the ICE message to the Indian authorities "vindicates the stand that the US cannot absolve itself of its responsibility" in the Tri-Valley University scandal.

The sham university, in fact, took advantage of some actions of the US federal agencies to dupe the students. An inquiry by the external affairs ministry reveals this damning fact.

The university was recognised by the US federal government for issuing I-20s (student visa form) till January 10 this year. In fact it was also allowed to issue limited work permits by the same federal agency.

Surprisingly, the institute was not accredited by the California Department of Consumer Affairs and the Bureau of Private and Post Secondary Education.

This agency is responsible for accreditation and recognition of educational institutions in California, which allows credits to be transferred to other states and universities.

The Tri-Valley University website "fudged" the accreditation status of the institute by keeping this vital piece of information vague.

It reads: "The entire institution has submitted accreditation candidacy status application to a prestigious accreditation agency.

"The accreditation agency is recognised by both the United States department of education, and the council for higher education accreditation."

The inquiry report found that Tri-Valley was allowed to issue I-20s and such approval was received from the US federal agencies.

Most importantly, for all these, the institute was not dependent on its academic recognition.

Hence, the US authorities were equally at fault for the scandal that was waiting to happen and finally exploded on the face of hundreds of Indian students recently.

The students, mostly from Andhra Pradesh, face the threat of being deported after losing their student visa status when Tri-Valley University was shut down.

Some of them were also made to wear radio tags around their ankles so that their movements could be tracked - a move that India has unequivocally condemned.

But some relief could come by in the next couple of days.

"We received a message from ICE today in which they indicated that they would consider the possibility of reinstatement of their (students) visa status through I-539," Susmita Gongulee Thomas, consul general at the Indian consulate in San Francisco, told PTI.

This form is used by the US Citizenship and Immigration Services (USCIS) for visa extension and change of immigration status for foreign nationals visiting the US who want to extend their stay.

The ICE's communication to the Indian consulate was brief, but there are indications that it would consider the request for status change or visa extension on a case by case basis.

The visas to the Indian students were given by the US consulates in Chennai and Hyderabad. The institute had admitted 1,550 students over the past two years.

It started with 11 students in May 2009, followed by 79 in September 2009. The numbers swelled to 447 by January 2010 and 939 by May 2009.

Prior to the fraud being discovered, 969 more students were awaiting admission after the spring break. All these students were foreign and mostly from India.

None of the duped students, contacted by Indian diplomats, suggested that they were given guarantees by agents in the US or India that they could work in America while pursuing their academic careers.

On Saturday, nearly 150 Tri-Valley students turned up for a free legal aid camp organised by the Indian consulate in San Francisco in association with the South Asian Bar Association (SABA).

The students were advised that they should not speak to the ICE or to the media without consulting an attorney or a lawyer.

The students are anxious that they would miss a complete semester and lose their student status because of the fraud, which would deny them visas and admission in other universities.

This apart, they were also counseled about the humiliating radio tags they were made to wear by the US authorities.

After external affairs minister S.M. Krishna recently fumed at the "cruel" treatment of the students, American ambassador Timothy Roemer said in New Delhi on Sunday: "The US is very sensitive and attentive to this."

Realising that the issue could snowball into a major diplomatic crisis, Roemer said: "We want more students to come to America. We want our doors to be open for education."

"We don't want any segment of society to take advantage of these students. We will have more to say once this case moves ahead," he added.

Earlier, the US embassy sought to justify the use of ankle monitors and Juliet Wur, public affairs officer at the consulate in Hyderabad, even described tagging was a hip and happening thing. She later apologised for her comments.
Existing entry mechanisms
• The I-20 is a US homeland security department form issued by universities to students who have been granted admission.
• This form tells the US government that you are eligible for student status.
• It certifies whether the applicant: 1. is or expects to be a 'bona fide' student, 2. meets admissions requirements, 3. will pursue a full course of study, and 4. has proved that he/she has enough money to study and live in the US without working illegally or suffering from poverty.
• Only after receiving this I-20 form are student applicants eligible for a student visa, or allowed to keep lawful student status when transferring or changing schools within the US.
• Form I-539 applies to foreign nationals who are visiting the US and wish to extend their stay or switch from one non-immigrant category to another non-immigrant category.
• The application is made after the applicant has entered the US on a valid non-immigrant visa such as a student or visitor visa.
• A visit visa generally allows a visitor to stay up to six months in the US, and filing an I-539 can extend the stay by up to six additional months - subject to approval by the US Citizenship and Immigration Service
• Applicants must establish that: 1. the extended stay is temporary, 2. they intend to go home when the extension expires, and 3. they have a justifiable reason.

Visa relief in sight for Indian students conned by Tri-Valley varsity : Americas: India Today
 
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