Q & A September 18, 2005

Q & A 1.

Q&A 1.

Pitfalls for F-1 Students Whose Visas are not for College

Alex Reader Asks:

I am 17 years old and a senior at a private high school with a F-1 visa. I do not like the school and want to transfer to a new school. My aunt who is my guardian checked with a local public school, the school stated that as long as my guardian was a local permanent resident, I could go to their school. I am worried that if I go to a local public school, I may not have a new I-20 to give to immigration. As I understood, a public school would not issue I-20s. My aunt checked on the immigration website and found that I could attend public school for one year with the tuition paid in full. Is it true? And how should I obtain a legal visa without I-20?

Dear reader:

An F-1 high-school student can only study at an institution which issues I-20 acceptance forms by the U.S.C.I.S.. If the school district does not issue I-20 forms, you are not authorized to go to the public school. In the event that the public school issues I-20 forms, you are only allowed to remain in the public high school for a period of one year. A condition of attending a public high school under F-1 status is that the school district must be reimbursed for the full cost of your schooling which runs into the thousands of dollars. If you attend public school for more than one year under F-1 status, you are excludable from the U.S. until you are outside the U.S. for five years. Readers should note that this bar applies to F-1 students in public high schools who exceed the one year limit in F-1 status, and others who while in F-1 status at private institutions transfer to public elementary schools or publicly funded adult education programs. The law applies to individuals who obtained F-1 status on or after November 30, 1996, or whose F-1 status was extended after that. Readers should further note that the one year time limit on F-1 status in public high schools does not apply to post-secondary schools.

Copyright © 2003 - 2005 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.