INS News Release on New Commuter Student Rule
U.S. Department of Justice
Immigration and Naturalization
Service
Washington, DC 20536
Internet: www.uscis.gov
August 26, 2002
INS Announces New Rule to Assist Part-time Commuter Students
Washington, DC-The Immigration and Naturalization Service today announced an interim rule to allow Mexican and Canadian commuter students to study on a part-time basis at schools located within 75 miles of the United States border. This new rule will clarify that Mexican or Canadian nationals who reside outside the United States and regularly commute across a land border to study may do so on a part-time basis within the F-1 or M-1 nonimmigrant visa category. These changes are being made to facilitate and legitimize certain part-time study in border communities while ensuring that all applicable requirements and safeguards are met.
“Clarifying the legal manner in which part-time students enter the U.S. will benefit not only the students but American schools in the border communities,” said Attorney General John Ashcroft. “This new rule will prevent the significant disruption of the part-time study that has become an accepted fact of life along our borders with Mexico and Canada,” he added.
“The purpose of this rule is to acknowledge the
special relationship between the United States and its neighbors and to
legitimize such study by border commuter students, while placing it within a
regulated, controlled process, said INS Commissioner James Ziglar.
To qualify under this new rule, they must attend an INS –approved school located
no more than 75-miles from the border and obtain the appropriate Form I-20
Certificate of Eligibility for Nonimmigrant Student Status, and obtain the
appropriate visa, unless exempt. By January, the INS will have in
place an on-line reporting system known as the Student and Exchange Visitor
Information System (SEVIS). Schools will be required to report through
SEVIS on foreign students, including these part-time
commuters.
The immigration law prohibits
the admission as visitors of aliens seeking to attend school part-time as
commuters. However, it had become commonplace for these students to enter
as visitors on a daily basis. Since September 11, the INS has more closely
scrutinized the purpose of entry of these Mexican and Canadian visitors. Tighter
enforcement of our laws has led to concerns that part-time commuter students are
no longer eligible to pursue their studies on the U. S. side of the
border.
Recognizing the need to
serve the educational interests of students living on both sides of our northern
and southern borders and the economic prosperity of these border communities,
the INS instructed immigration officers to parole Canadian and Mexican nationals
who have already enrolled in U.S. schools until December 31, 2002. This
rule will ensure that those students may continue their education in the
U.S. The rule will also benefit commuter students who wish to
commence part-time study at a border school once they have obtained the
necessary documentation.
INS
welcomes written comments on this interim rule. Comments should be addressed to
the Director, Regulations and Forms Services Division, Immigration and
Naturalization Service, 425 I street, NW, Room 4034, Washington, DC 20536.
Comments may also be submitted electronically to the INS at insregs@usdoj.gov. When submitting
comments electronically, you must include INS No. 2220-02 in the subject heading
so that the comments can be electronically routed to the appropriate office for
review.
For more information, please access the INS web site: www.uscis.gov or call the INS Customer Service Center: 1-800-375-5283.
-INS-