Immigrant students must attend accredited schools

Q: My husband and I want to bring his nephews here from Africa to study. How do we go about it? My husband is a permanent resident and I am an American citizen. We are both professionals earning six-figure salaries. We would like to bring his two nephews here. One wants to study in a graduate school. His brother wants to strengthen his mechanical skills. They have no family here and they intend to return home after their studies.

Jai, New York

A: Your nephews can both study here provided they get accepted to U.S. schools accredited by the USCIS to accept international students. U.S. Immigration and Customs Enforcement accredits schools at every level, including graduate and vocational programs. Students in academic and English language programs need an F-1 visa to study here. Vocational school students need an M-1 visa. The procedures for getting each are similar.

The first step is for your nephews to get admitted to an ICE-accredited school. Almost all colleges and most respected technical schools have ICE accreditation. You can check whether a particular school has ICE approval and download a list of approved schools at http://studyinthestates.dhs.gov/school-search. If a school accepts a student, the school will issue Form I-20A-B, Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students, or Form I-20M-N Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students.

The school’s international student adviser will want to see proof that your nephews can afford to pay for tuition, books and living expenses without having to work. If you will be supporting them while here, provide each completed USCIS form I-134, Affidavit of Support. Attach your tax returns. If the students will be living with you while here, explain that in a letter.

The last step is having the nephews apply for their nonimmigrant visas at the U.S. consulate in their country. They present form I-20 and proof of financial support with their visa applications. For more information on getting international student status, go to http://www.ice.gov/sevis/students/.

Q: My friend qualifies for Deferred Action for Childhood Arrivals. Should he apply now or try to get a better immigration status? My friend entered the United States most recently on Jan. 6, 2002. He is now 28 and has attained a bachelor’s degree in Business Administration. He knows he qualifies for DACA, but he is not certain if it’s the best possible way to gain legal status. He would like to travel abroad and he knows that DACAs have only limited travel rights.

Darshani Bisram, Student, Borough of Manhattan Community College

A: Your friend should apply for DACA status. It is true that “DACAmented” students require USCIS permission to travel abroad. However, many DACAs have been successful in getting that permission. In any event, unless your friend has another path to legal status, applying for DACA makes sense.

If he gets DACA status and then later qualifies for permanent residence, for instance, by marrying a U.S. citizen, he can simply change to permanent status. Meanwhile, if he gets DACA status, he can work, travel safely within the United States and get a driver’s license. As for travel abroad, once the USCIS approves his DACA application, he can apply for travel permission, called “advanced parole.” Your friend would need to show a humanitarian, business or educational need to travel.

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, 4 New York Plaza, N.Y., 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.

Source Article from http://www.nydailynews.com/new-york/citizenship-now/1.1417323
Immigrant students must attend accredited schools
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