New Rule for Part-Time Commuter Students
Posted Aug 30, 2002

The Immigration and Naturalization Service announced an interim rule on August 26, 2002 that would allow Mexican and Canadian commuter students to enter the U.S. to study on a part-time basis at schools within 75 miles of the U.S. border. The new rule will clarify that these part-time students may utilize the F-1 (academic student) or M-1 (vocational student) nonimmigrant categories. These categories were previously limited to full-time students. The problem was discussed in our June 7, 2002 MurthyBulletin article, Students from Canada / Mexico no Longer Allowed Entry as Visitors, available on MurthyDotCom.

The changes were made to facilitate legitimate, part-time study at the border schools, while applying the same safeguards to all persons with student status. The individuals will have to attend INS-approved schools, within the 75-mile limit. They will have to obtain the appropriate forms from the schools and appropriate visas, unless they are visa exempt. They will also be subject to the Student and Exchange Visitor Information System (SEVIS) and online reporting system.

This rule should remedy the legal problem with the immigration status of these students, which came to light after September 11, 2001. These part-time students had been routinely traveling across the border as visitors, for the sole purpose of attending school. However, immigration law does not allow for visitors (B-1/B-2) to enter the U.S. for the primary purpose of attending school. Visitors are only allowed to engage in study that is "incidental to [the] visit." Part-time commuter students were not eligible for F-1 or M-1 student status, as eligibility requires they be full-time students.

To avoid disruption in the education of such persons who were already enrolled in school when this issue arose, INS has instructed the immigration officers (Inspectors) at the Ports of Entry to allow students already enrolled in school to continue making entries to the U.S. until December 31, 2002, under a grant of parole.