[身份保险] The final rule issued by ins today [复制链接]

orangescent
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电梯直达

楼主

发表于 2002-12-12 08:15:06 |只看该作者 |倒序浏览

The following is part of the rule:

XVI. Dependents of F-1 and M-1 Nonimmigrants

Many commenters stated that F-2, J-2, and M-2 nonimmigrants should
be allowed to enroll in full-time study, without being required to
change status. The Service does not adopt this suggestion. The need to
monitor nonimmigrants being educated and trained in the United States
is of vital importance to the national security of the United States.
The value of SEVIS would be undermined if the Service were to adopt the
commenters' suggestion.
Other commenters suggested that the Service remove the language
``avocational or recreational'' from the types of study that may be
permitted by F-2 and M-2 dependents as DSOs may have difficultly
determining what study is avocational or recreational and what is not.
While the Service will not remove such language from the rule, the
Service provides the following clarification. If a student engages in
study to pursue a hobby or if the study is that of an occasional,
casual, or recreational nature, such study may be considered as
avocational or recreational. The concept of avocational or recreational
is not new, but is a long-standing policy applied by both the DOS and
the Service for the interpretation of the B-1/B-2 nonimmigrant visa.
It should be noted that this regulation permits F-2 and M-2
nonimmigrants to attend elementary, middle and high school on a full-
time basis. Furthermore, if a dependent of an F-1 or M-1 wishes to
pursue his or her education full time, beyond what is avocational or
recreational, or at the elementary, middle, or high school level, he or
she has the option to change status to that of an F-1 or M-1
nonimmigrant.
One commenter requested that the Service clarify the status of
those F-2 or M-2 dependents enrolled in a school in a full course of
study prior to the effective date of this final rule. In response, the
Service will allow an F-2 or M-2 dependent enrolled in a full course of
study prior to January 1, 2003, to continue studies provided they apply
for a change of status on or before March 11, 2003.
Finally, many commenters stated that the Service should allow F-2
and M-2 nonimmigrants to be authorized for employment. The existing
regulations, Sec. 214.2(f)(15) and (m)(13), prohibit employment for F-
2 and M-2 dependents. The Service did not propose any change relating
to employment authorization for dependents in the proposed rule and,
therefore, this suggestion is beyond the scope of this rulemaking
proceeding. The Service will not incorporate any changes relating to
this issue in the final rule.

For more information, go to
http://www.ins.gov/graphics/lawsregs/whatsnew.htm
http://a257.g.akamaitech.net/7/2 ... v/2002/02-31184.htm

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orangescent
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沙发

发表于 2002-12-12 08:43:48 |只看该作者

"It should be noted that this regulation permits F-2 and M-2
nonimmigrants to attend elementary, middle and high school on a full-
time basis. Furthermore, if a dependent of an F-1 or M-1 wishes to
pursue his or her education full time, beyond what is avocational or
recreational, or at the elementary, middle, or high school level, he or
she has the option to change status to that of an F-1 or M-1
nonimmigrant."

It says clearly that we F-2 have the option to change to be F-1 to pursue a degree in universities. The purpose of the rule is to stop F-2 from studying in full-time style, because INS want to monitor all of the full-time students through the new SEVIS system. If we study formally as a F-2, they will fail to monitor us.

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yilanchen
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板凳

发表于 2002-12-12 09:26:28 |只看该作者

", if a dependent of an F-1 or M-1 wishes to
pursue his or her education (full time), ( beyond what is avocational or
recreational, or at the elementary, middle, or high school level, )
he or she has (the option) to change status to that of an F-1 or M-1
nonimmigrant."

Does this mean we F2 have the choice to change to be F1, or we have to change our status, otherwise cannot pursue our degrees, because SEVIS wants to monitor all the full-time students, doesn't it? Maybe the answer is second? We have to do so, even we don't receive any scholarship.

" beyond what is avocational or recreational, or at the elementary, middle, or high school level,"
So this means we can study degree courses, if we get the permit. Right?

" if a dependent of an F-1 or M-1 wishes to pursue his or her education (full time),"
Another question is, if we study degree course on part-time basis, can we not to change status?

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