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Immigration

Picture of temple from the Royal Palace in Bangkok

Student VISA Reform

By Edward Yang

Q & A on Immigration Reforms on F-1 visa


1. Does the new law prohibit the issuance of F-1 visa to attend adult education program?

A: Yes, the new law prohibited alien from receiving an F-1 student visa if the alien was coming to attend a public elementary school, grades Kindergarten through 8, or a publicly-funded adult education program.


2. How does the new law affect upon students planning on attending public high school?

Students in grades 9 through 12 must pay the unsubsidized, per capita cost of education to be eligible for an F-1 student visa. The law does not apply to private school.


3. Who is eligible to attend public school in the US on an F-1 student visa?

A: In order to be eligible the F-1 nonimmigrant alien must not abandon their residence in a foreign country and who is a bona fide student coming temporarily and solely to the US to pursue a course of study at a recognized institution of education approved by the Attorney General to accept foreign students.


4. Does it mean elementary school students cam be turned away at the border ports of entry?

A: Yes, according to the new law an F-1 student visa holder seeking entry into the US after November 30, 1996 to attend public elementary school (kindergarten through grade 8) or publicly funded adult-education programs can be turned away regardless of their ability to pay since new laws have provisions that eliminate issuance of F-1 visas to the above class of immigrants.


5. I have children attending public high school when do I have to pay for the cost of education?

A: The law requires the public secondary school student pay, in advance, the full unsubsidized per-capita cost of their education, or your children's entry may be turned away at the border ports of entry.


6. Can my children attend public high school until they graduate if I pay their cost of education?

A: No. The new law restricts attendance at a public secondary school to a cumulative period not to exceed one year even the cost of education is paid.

 

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