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Eligibility for Admission |
A nonimmigrant student and his or her
accompanying spouse and minor children may be admitted into the United
States in F-1 and F-2 classifications for duration of status under
section 101(a)(15)(F)(i) of the Act, if the student:
- Presents a properly completed Form I-20 A-B/I-20 ID, Certificate
of Eligibility for Nonimmigrant (F-1) Student Status, which is issued
by a school approved by the Service for attendance by foreign
students;
- Has documentary evidence of financial support in the amount
indicated on the Form I-20 A-B/I-20 ID; and
- For students seeking initial admission only, intends to attend the
school specified in the student's visa except where the student is
exempt from the requirement for a visa, in which case the student must
intend to attend the school indicated on the Form I-20 A-B/I-20 ID.
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| Spouse and
Minor Children |
| Spouse and minor children
following to join student: The spouse and minor children following
to join an F-1 student are eligible for admission to the United
States if the F-1 student is, or will be within sixty days, enrolled
in a full course of study or, if the student is engaged in approved
practical training following completion of studies. The eligible
spouse and minor children of an F-1 student may be admitted in F-2
status if they present the F-1 student's current I-20 ID with proper
endorsement by the DSO. A new Form I-20 A-B is required where there
has been any substantive change in the information on the student's
current I-20 ID. |
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| Duration of
Status |
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Duration of status is defined as the time during which an F-1
student is pursuing a full course of study at an educational
institution approved by the Service for attendance by foreign
students, or engaging in authorized practical training following
completion of studies, plus sixty days to prepare for departure from
the United States. The student is considered to be maintaining
status if he or she is making normal progress toward completing a
course of study. |
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| Change in
Educational Levels |
| An
F-1 student who continues from one educational level to another is
considered to be maintaining status, provided that the transition to
the new educational level is accomplished according to transfer
procedures. |
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| Annual
Vacation |
| An
F-1 student at an academic institution is considered to be in status
during the annual (or summer) vacation if the student is eligible
and intends to register for the next term. A student attending a
school on a quarter or trimester calendar who takes only one
vacation a year during any one of the quarters or trimesters instead
of during the summer is considered to be in status during that
vacation, if the student has completed the equivalent of an academic
year prior to taking the vacation. |
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Restrictions on Attending Public
Elementary and Secondary Schools |
Congress passed a law in 1996 that placed restrictions on foreign
students in U.S. public elementary (kindergarten through eighth
grades) and secondary (grades nine through twelve) schools. Secondary
school is also called high school. The restrictions are given below:
- prohibits foreign students from attending public elementary
schools or publicly-funded adult education programs
- limits secondary school attendance to twelve months
- requires secondary school students to pay the school the full,
unsubsidized per capita cost (cost for each student) of education
Restrictions are for F-1 Students Only
The restrictions apply to these foreign students:
- foreign students in F-1 status who need an I-20 to study in the
United States;
- foreign students in F-1 status in public schools who leave the
United States and want to return to continue their studies; and
- foreign students in F-1 status who want to transfer from a
private school or program into a public school or program.
The restrictions do not apply to the following foreign students:
- foreign students in another visa status, such as J-2, L-1, M-2,
or G-4.
- foreign students in F-1 status who attend private schools or
private training or language programs
- foreign students in F-1 status who were attending public schools
when the law came into effect (November 30, 1996)
Students Must Pay the Costs of Public Secondary School
Education
Foreign students who want to attend public secondary school (high
school) must pay the full, unsubsidized per capita (for each student)
cost of education. This amount is listed under the item called
"tuition" in the I-20. The full, unsubsidized per capita (for each
student) cost of education is the cost of providing education to each
student in the school district where the public school is located.
Costs normally range between $3000 and $10,000.
However, these
restrictions do not apply to students attending public school on
derivative visas, such as F-2 (dependent of student), J-2 (dependent of
research scholar) or H-4 (dependent of skilled worker) visas. These
restrictions also do not apply to private schools.
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OPT -- optional practical training |
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F-1 Student is eligible for a new one-year period of post-completion
optional practical training (OPT) when a F-1 student changes to a
higher educational level. For example, one may receive one
year of OPT upon completing of B.S. degree, then get another one
year OPT for master's. If he completed a PhD degree, he gets an
additional one year OPT. However, the OPT must be requested prior
to the completion of the course requirements. For summer OPT
after the 1st year of study, the application may be filed up to 90
days prior to the end of first academic year (school official need
to approve it 1st). The new rule requires that a student may
not start to work till an EAD is obtained.
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On 06/04/08, South Carolina Governor Mark Sanford signed into law
HB 4400,
an omnibus immigration bill. The law mandates that:
Employers must verify the identity of employees either with a South
Carolina driver's license or the federal E-verify system.
Non-emergency medical care be denied to undocumented adult
immigrants by state funded clinics and hospitals. Because federal
law requires that care be given without discrimination, local
healthcare providers are facing a significant challenge in following
the law. Perhaps in recognition of this, no state agency is tasked
with enforcing the new restrictions.
Undocumented immigrants are prohibited from attending public
institutions of higher education or receiving state funded
scholarships.
The chief of the South Carolina Law Enforcement Division enter into
a memorandum of understanding with the federal government regarding
enforcement of federal immigration law. It also allows for law
enforcement personnel to be deputized and trained for these duties.
The bill contains similar language to Oklahoma's Taxpayer and
Citizen Protection Act of 2007 (H.B. 1804).
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