Hurricane Katrina: Legal Issues - Columbus School of Law

International Educators http://www.nafsa.org (information for displaced international students); And The National
Immigration Law Center HTTP://www.nilc.org (includes information on state public benefits).
Q: I was applying for status through my wife but she died during the hurricane, can I still immigrate?
Yes, there are laws that pre-date the hurricane that allow individuals to continue their immigration process even if the
petitioner has died. The request must be done timely, for instance, widows/widowers of U.S. citizens the application
must be submitted within two years of the death.
Q: What will happen to foreign students whose school has been affected by the Hurricanes?
Foreign students should attempt to contact the designated school official (DSO) if available. If the DSO is not
available, please contact the SEVIS office at 202-305-2346 or email SEVIS.source@dhs.gov and include date of
birth, SEVIS ID# and school information. Foreign students should let the SEVIS officer know if they plan to delay
entry until the school is operational, or transfer to another educational institution. New “F” or ”M” students who
were unable to contact their designated school will receive a new report date and new I-20 if the school is
operational. Students who transfer to a new school should contact the school directly for the new I-20. This particular
transfer will not be subject to a new SEVIS fee. Still, students may need to obtain a new visa that indicates the new
school. Students will also not have to pay a new MRV fee. SEVIS has detailed information on its website at
http://www.ice.gov/SEVIS concerning the following issues: *Transfers *Transcripts *Status concerns *Residence and
money problems *Lost documentation *Address changes *OPT issues *Fall enrollment problems *Contact
information
Q: What should students do if they are unable to contact their school?
F-1 or M-1 student who are not able to contact his/her school should contact SEVIS.source@DHS.gov or at (202)
305-2346.
PUBLIC BENEFITS
Q: What disaster benefits are undocumented immigrants eligible for?
All immigrants, regardless of status, are eligible for short-term, noncash, in-kind, emergency disaster relief and
similar services. Although undocumented immigrants will not be personally eligible for other FEMA benefits, an
ineligible immigrant can apply on behalf of an eligible child or other household member who has an eligible
immigration status. For example, an undocumented parent can apply for the Individual and Family Grant Program on
behalf of their U.S. citizen or child.
Q: If an undocumented household member applies on behalf of an eligible family member, will FEMA ask
questions about the non-applying individual’s immigration status?
According to their website, FEMA will not be gathering any information about immigration status in this
circumstance. http://www.fema.gov/rrr/dafaq.shtm#0
Q. What categories of immigrants are eligible for FEMA’s Individual and Family Grant Program?
The categories of immigrants eligible for this program are similar to the categories eligible for a variety of meantested
federal benefits. Immigrants designated under federal law as “qualified” immigrants or “victims of trafficking”
are eligible for this program.