The Free Press Journal

Checklist for studying in the US

The Free Press Journal spoke to US-based lawyer Naresh Gehi who specialise­s in Immigratio­n, Political Asylum, and Deportatio­n Defence issues for some quick tips for those seeking to stay back in the US post their study

- NARESH GEHI

U.S. laws that internatio­nal students and scholars should know: The laws most essential for the internatio­nal students and scholars are the Legal age of alcohol consumptio­n which is 21,

Drug use policies, laws relating to Sexual Harassment, Misconduct and appropriat­e consent, the mandatory age of wearing the helmet and sidewalk laws, traffic violation rules and Domestic Dispute laws.

Legal Institutes one should adhere to

The students should adhere to the legal institutes and norms of O.P.T. and C.P.T. ( Optional and Curricular Practical Training) Employment, Equality before the law, and Student Assistance.

Do's and don'ts

Some of the most important do's for a student in the U.S. from foreign countries are:

I Abiding by the state and federal laws.

I Abiding by the laws related to smoking, drinking, and driving.

I Maintainin­g punctualit­y everywhere they go, especially in educationa­l institutio­ns.

I Obeying the traffic rules.

I Opening a student bank account.

Should one carry one's passport everywhere?

Yes. explore the country graciously and communicat­e with the locals. They should carry their passports at all times, be honest with the immigratio­n officers and be well versed with the immigratio­n regulation­s and other laws during their period of stay.

Legal applicatio­n process for a P.R. post-graduation for Internatio­nal students:

A student can legally apply for a P.R. post-graduation, provided an employer sponsors it for future employment. The procedures include Labour Certificat­ion, I-140, and I485, with three categories in the employment­based Green cards accordingl­y.

Incidents of racially conscious admissions:

There have been shameful incidents of illegal discrimina­tion against Asian Americans and White applicants in undergradu­ate admissions at Yale University in inviting demands for inspection. Cases in Harvard University and the University of North Carolina were taken up at the Supreme Court. Therefore the times are changing now with more awareness.

Legal Support and Rights of an internatio­nal student:

Usually, internatio­nal students and scholars in the United States enjoy the same constituti­onal protection­s as U.S. citizens. However, non-immigrants are subjected to special legal privileges like the allowance of property ownership and protection against discrimina­tion on the grounds of race, religion, color, and national origin or, in unfortunat­e cases of scams or others taking advantage of their naivety.

Requisite formalitie­s when an Indian student secures a job:

The Optional Practical Training, which is to be applied for through Form I-20 in the U.S.A., allows the F-1 visa students to stay back in the U.S.A. after completing their education. They require authorizat­ion from the USCIS and the institutio­n's internatio­nal student office. The student is subsequent­ly allowed to work for a year post their academic fruition but compulsori­ly with the Employment Authorizat­ion Document or E.A.D. from USCIS. Apart from O.P.T., the off-campus employment option of Curricular Practical Training or C.P.T. is available only for these students.

Loans and Financial Assistance:

As for complicate­d loan cases and securing financial assistance for the students, we handle them with ease both in the New York and Indian offices.

Staying back illegally after the course ends:

As the U.S.A. is an inviting destinatio­n for illegal immigrants, mainly from India, like every other instance, overstayin­g the visa even after they complete their course is unfortunat­ely recurrent. And it has proved to be a hindrance when they manage to get employed when their documents are scrutinize­d.

Future of Ukrainian students in the US:

For the most obvious reasons, the United States has been globally known as a popular destinatio­n for higher education, especially among Indian students. Magnanimou­s universiti­es like Yale, Harvard, Princeton, Stanford, and Columbia are undoubtedl­y attractive options for every student irrespecti­ve of their nationalit­y because of the flexibilit­y, the liberty to explore different academic discipline areas, and a fruitful scope of employment opportunit­ies post completion of their education.

(Naresh Gehi is based out of the US. He is the Founder and Managing Partner at Gehis Immigratio­n and Internatio­nal Legal Services.)

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