DOS Describes Border Commuter Student Act

R 030416Z DEC 02
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
AMEMBASSY KABUL
AMEMBASSY DUSHANBE
AMEMBASSY ABIDJAN
UNCLAS STATE 245447

VISAS-
E.O. 12958: N/A
TAGS: CVIS
SUBJECT: BORDER COMMUTER STUDENT ACT OF 2002

1. On November 2, 2002, the President signed into law PL 107-274, the Border Commuter Student Act of 2002.

2. Prior to the September 11 terrorist attacks on the United States, Canadian and Mexican citizens living in their home countries, but traveling back and forth across the border to take part-time classes in the United States, were admitted into the country as visitors. However, due to security concerns in the aftermath of the attacks, the Immigration and Naturalization Service (INS) stopped admitting these part-time students, holding that they were not eligible for admittance to the United States as visitors since their purpose was to attend class. However, the students also were not eligible for either F-1 (academic) or M-1 (non-academic or vocational) visas because these classifications require students to attend class on a full-time basis.

3. The Border Commuter Student Act of 2002 creates two new nonimmigrant student visa categories, F-3 and M-3, for Canadian and Mexican citizens who study part-time in the United States but who live in their home country and commute to academic or vocational classes in the United States.

4. New nonimmigrant classification codes are being added and regulations at 22 CFR 41.12 and 41.61 are in the process of being updated. Additional notes will be incorporated into 9 FAM shortly.

POWELL