Revised rules for foreign students
The Trump administration — in a cynical effort to force colleges and universities to reopen prematurely — is changing the rules for remote learning for our nation’s more than 1 million international students.
Harvard and MIT are challenging the change in federal court. A decision is expected by Wednesday. Here’s what you need to know about the new rule:
What must I do to stay in F-1 international student status?
A. Beginning in fall 2020, you must take at least one course on-campus to stay in the U.S.
Is this a change from current rules?
A. Yes. Before the coronavirus crisis, international students were allowed to take one course online only. When the virus caused colleges and universities to go to remote learning, Immigration and Customs Enforcement ruled that F-1 students could take their full load of classes online. Now, F-1 students must take at least one course on-campus.
QWhat are my options if my school isn’t offering on-campus classes? A. You can transfer to a college that has on-campus classes or you can leave the United States and study remotely from abroad. Additionally, you can change to another nonimmigrant status, but if you change to visitor’s status, you violate that status if you take classes. Other categories of nonimmigrants, such as O-1 outstanding individuals, may study here while working.
QIf I leave the United States, can I return in F-1 student status? A. If you have an unexpired F-1 visa, you can use that visa to return to the United States to study. If your F-1 visa expires, you would need to get a new one once the consulates abroad open.
QIf I stay here and violate my status, will ICE try to deport me? A. If you stay in the United States in violation of your F-1 status, you might be subject to deportation. That doesn’t mean that ICE will come after you. That agency is having enough trouble deporting undocumented immigrants with criminal records, and those with outstanding deportation orders. A bigger problem is that your staying here unlawfully may make it harder for you to get a visa in the future.
Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 7th Fl., 4 New York Plaza, New York, N.Y., 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.