Inspector's Field Manual - Gani

Inspector's Field Manual
Terms of admission: Admit F-1 for duration of status.
Notations on I-94: F-1, D/S.
Special notes: [For general information for F-1 students see 8 CFR 214.2(f).]
(A) Missing or incomplete I-20. If otherwiseadmissible, a student not in possession of Form I-20AB,
or a student who after a temporary absence does not present an endorsed page 4 of Form I-20 and there is no bad
faith involved in the student's failure to obtain the necessary form, the inspecting officer shall admit the student
in F-1 status for 30 days and issue Form I-515. Instruct the student to obtain the necessary Form I-20 or
endorsement, as the case may be, and submit the I-515, I-20, and I-94 to the Service office having jurisdiction over
the school he or she plans to attend, within the 30 day period, for extension. The accompanying spouse and
children of an F-1 without an endorsed page 4 of Form I-20 or a new Form I-20 shall be admitted F-2 for 30 days
and may be granted an extension. Note reverse of I-94, both sections: "I-515."
(B) Certain students with expired visas. F-1 students and dependents with expired visas who have
been outside the U.S. for less than 30 days solely to contiguous territory or adjacent islands may be readmitted if
they have a valid I-20 [See 8 CFR 214.1(b)(1) and 22 CFR 41.112.].
(C) Fraudulent Forms I-20. Fraudulently issued Forms I-20 are not uncommon. Inspectors should
examine these forms carefully for irregularities. Improperly issued Forms I-20, whether issued with fraudulent
intent or through ignorance by a non-approved school, often do not contain the correct sequence of letters and
numbers in the school approval code. An example of the correct format is: WAS 214f 1123.004. The three letters
indicate the files control office having jurisdiction over the school. 214f is standard to all codes. The next series
of numbers indicate the specific school or school system and may include a 3-digit suffix. The suffix indicates a
school or campus within a school system, if applicable. An I-20 bearing the wrong sequence in the approval code
or any other irregularities should be considered suspect. Information about schools and students may be found
in the student/school data base (STSC) discussed in Chapter 31.3.
(D) Disposition of Forms I-20AB. Upon initial admission, an F-1 will present a two-part Form I-20AB
(Student Copy and School Copy). Upon admission, place the admission number from the I-94 on both parts,
stamp and endorse "F-1 D/S" in the designated block, and separate the two parts of the I-20AB. Also, record the
admission number on the visa page of the passport. The Student Copy is returned to the student for readmission
and other uses. The School Copy is lifted for forwarding for Service data processing. Staple the arrival section
of the I-94 to lower left-hand corner of the I-20 School Copy before forwarding for data entry. Once data
processing is complete, the forms are forwarded to the school by the data entry contractor.
(E) Readmission. Upon readmission of an F-1 student, cross out the admission number from the new
I-94 and enter the original admission number from the passport or I-20AB, Student Copy. Readmit the student
for D/S.
(F) Limitation on public school attendance. Section 214(l) of the Act now prohibits attendance by
nonimmigrant students at public elementary schools and public adult education programs. Attendance at
public secondary education programs is limited to 12 months and requires the student to pay the full
unsubsidized cost of such education.
Classification: F-2 Spouse and children of F-1 student.
Documents required: Passport valid for 6 months, unless exempt. Nonimmigrant visa (F-2), unless exempt. F-1's
I-20(Student Copy) if following to join.
Qualifications: Must be an individual listed in general description. All nonimmigrant grounds of
inadmissibility apply. Must be accompanying or following to join F-1.
Terms of admission: Admit F-2 for duration of status.
Notations on I-94: F-2, D/S.
Special notes: See notes on F-1 above.