A Look at Some Immigration Regulations

(1) New Rule Allows F-2 Dependents to Study Part Time     

The U.S. Immigration and Customs Enforcement (ICE) has announced a rule that will now make it possible for dependents of F-1 students to study in the United States on a limited basis.   Effective May 29, 2015, F-2 spouses and children will be permitted to pursue less than full-time studies at any school certified by the Student and Exchange Visitor Program (SEVP). 

According to the new rule, the F1’s spouse can pursue academic and vocational studies on a less-than-full-time schedule.  Their children will still be able to attend school full-time from elementary through secondary school.  After secondary school, the children can take courses in higher-level academic studies on a less-than- full-time basis.

“Less-than- full-time basis” means a course load of fewer than 12 credit hours per semester for undergraduate colleges, universities, and community colleges. There is no limitation on the eligibility for credit, degrees, certificates, or other credentials. However, F-2 students will not be eligible for other student-related benefits such as curricular practical training (CPT) and optional practical training (OPT).

The F2 part time students must attend SEVP Approved Schools.  This is intended to make it more likely that the educational program is bona fide and to reduce national security concerns.

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(2) When a Permanent Resident files a petition to sponsor his wife and unmarried daughter under 21 years of age, if the daughter has a child, can the child also come to the US?

If the sponsor filed only one petition, then the daughter gets her eligibility from the mother, but the daughter cannot pass on her eligibility to her own child.

The solution is for the sponsor to file a separate petition for his daughter.  Then the daughter’s child would be eligible for a visa.

The same is true for a permanent resident’s unmarried daughter over 20 years of age.  If she has a separate petition, then her child can accompany her.

A daughter over 20, being sponsored by a US citizen, is in the F-1 category.    If she has a child, there is a visa category for the child, F-1-2, so the child can come to the US with the mother.

A US citizen’s daughter under 21, unmarried but with a child, must wait.  There is no visa category for the child.  When she reaches 21 years of age, then she becomes an F-1-1, adult child of a US citizen.  In that category, her child can be included in the visa processing.

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Q.1.   If dependents of an F1 student want to study full time, what must they do?

 A.1. Each foreign student who is studying full time must have a separate F-1 student visa.     

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Q.2.  Can a foreign student’s dependent eventually get a college degree by studying part time?

 A.2.  It will take a long time, but it is permitted.   If they just study less than 12 credit hours per semester, they can eventually get a degree or certificate or other academic credentials.

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Q3.  Should a permanent resident file separate petitions for his wife and each child?

 A.3. Yes, because that will make it easier for his daughters to qualify under a different category if they have a child.  Also, if the permanent resident becomes a US citizen, there must be a separate petition for each person he is sponsoring.

ROBERT  MULLINS  INTERNATIONAL  www.rmiodp.com   www.facebook.com/rmiodp

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