After September 11, 2001, the United States tightened up its border controls. It became difficult for students living in Mexico or Canada to commute to classes in the United States, because it was hard to predict the time it took to wait in line at the border. There also were legal issues. Although commuting students had been allowed in practice, they actually were not allowed by the law. Visitors are not supposed to be students, but F-1 and M-1 students are supposed to be full-time students, and commuters across the borders often are not.
As a result, Congress passed and President Bush signed a law in 2002 that allows full-time or part-time students living in Mexico or Canada to attend U.S. schools. They have F-3 or M-3 visas. Unlike F-1 or M-1 students, they cannot give their family members F-2 or M-2 status. They also can engage in practical training, but no other employment that an F-1 or M-1 might be allowed.
Who Qualifies?
The student must be a "national" of Canada or Mexico, admitted to the United States to enroll in a full course of study, though on a part-time basis, in an approved school that is within 75 miles of the border. The student's residence will be in his country of nationality, and he must enter through a land port of entry.
Must the Student Be Full-Time?
No. The student must be enrolled in a full course of study, but on a part-time basis. The Designated School Official (DSO) may allow a smaller course load than usual, but it must be consistent with the student's approved course of study.
How Long Does Status Last?
The student's visa is good until a specific date, which is shown on the I-20. A new Form I-20 is necessary for each new semester or term that the student attends the school.
Questions for Your Attorney
- What's the advantage of being a border commuter instead of a regular F-1 or M-1 student?
- Is there any possible exception for a school that is more than 75 miles from the border?
- What separates the "approved" schools from schools that are not approved?