INS News Release on New Commuter Student Rule

Cite as "Posted on AILA InfoNet at Doc. No. 02082843 (Aug. 28, 2002) ."

U.S. Department of Justice
Immigration and Naturalization Service
Washington, DC 20536
Internet: www.ins.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.ins.gov or call the INS Customer Service Center: 1-800-375-5283.

-INS-

Adjustment of Status | Adoption | Advance Parole | Application Fees | Asylum & Removal | Business Entities | Corporate Clients | Consular Processing | Divorce | E-1 & E-2 | EAD | F-1 | Family Immigration | FAQs | Forms | Investor Visa | Immigration Glossary |
K Visa | L Visa | Marriage | Naturalization | Non-immigrant Visas | O-1 | Processing Time | Road to Green Card | TN | Visa Bulletin