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发信人: myosotis (飞飞), 信区: AdvancedEdu
标题: Interim guidence for F1 Visa
发信站: BBS 水木清华站 (Fri Sep 19 13:23:57 1997)

INS ISSUES INTERIM GUIDANCE ON F-1 VISAS AND PUBLIC SCHOOLS

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The INS has issued instructions relating to provisions in the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRAIRA")
that relate to foreign students attending public schools in the US. Under
IIRAIRA, effective November 30, 1996, aliens are prohibited from attending
public elementary schools (grades K through 8) or publicly funded adult
education programs. "Publicly funded adult education programs" are defined
to include education, training, English-as-Second-Language (ESL) or other
intensive English programs operated by, through, or for a local public
school district, system, agency or authority, regardless of whether such
program charges fees or tuition." The rule does not apply to publicly
funded post-secondary schools such as public community or junior colleges
which receive public funds, but charge full nonresident tuition to foreign
students.

Since November 30, 1996, aliens applying for change of status to or
admission as F-1 students to attend a public elementary school or publicly
funded adult education program are not eligible based on an I-20 issued
from a school or program. The INS has provided for a system of "deferred
inspection" in the discretion of an INS inspector's discretion. This would
allow the student to enter and attend school even though they are
technically subject to the prohibition on study.

The INS notes that private schools are not subject to the new rules and can
continue issuing Forms I-20. But transferring to a public school is
restricted under the new law. The penalty for such an unlawful transfer is
that the alien remain outside the United States for a continuous period of
five years after the violation.

Under IIRAIRA, since November 30, 1996, public high school students (grades
9 through 12) can only stay in F-1 status for 12 months and must pay back
the local public school district the unsubsidized, per capita cost of
education for the intended period of study. The new law does not require
reimbursement for public school attendance that took place prior to
November 30, 1996. Also, attendance at a public elementary school prior to
November 30, 1996 does not count against the 12 month limit. Also, public
secondary school attendance in another lawful nonimmigrant status does not
count against the one year limit.

Applicants for F-1 status to attend public high schools must now provide
evidence at the time of applying for a change of status to F-1 status or
admission as an F-1, either via a brief statement with "notarized"
signature of the Designated School Officer on page one of the I-20 under
the "Remarks" portion in block 9 or a signed letter on school system
letterhead which attests that the alien has reimbursed the local public
school system for the unsubsidized, per capita cost of education for the
intended period of study. The local school system must determine what that
cost actually is.

Upon admission or a granting of change of status, such high school students
are not eligible for duration of status I-94s nor for the 60 day grace
period as are normally applicable to F-1 students. F-2 status cannot last
more than 12 months. This information was provided in an internal
memorandum sent from INS headquarters to all INS field offices.

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[Image]NEW FINGERPRINT RULES GO INTO EFFECT AT BEGINNING OF MARCH

[Image] FROM OUR CANADA OFFICE: H-2B STATUS FOR TEMPORARY NONAGRICULTURAL
WORKERS

[Image]SISKIND'S IMMIGRATION BULLETIN

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神也是人来的
能掌握自己命运的人就是 - 神
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