BORDER COMMUTER STUDENT ACT OF 2002
R 030416Z DEC 02
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
AMEMBASSY KABUL
AMEMBASSY DUSHANBE
AMEMBASSY ABIDJAN
UNCLAS STATE 245447
VISAS-
E.O. 12958: N/A
TAGS: CVIS
SUBJECT: BORDER COMMUTER STUDENT ACT OF 2002
1. On November 2, 2002, the President signed into law PL
107-274, the Border Commuter Student Act of 2002.
2. Prior to the September 11 terrorist attacks on the
United States, Canadian and Mexican citizens living in
their home countries, but traveling back and forth across
the border to take part-time classes in the United States,
were admitted into the country as visitors. However, due
to security concerns in the aftermath of the attacks, the
Immigration and Naturalization Service (INS) stopped
admitting these part-time students, holding that they were
not eligible for admittance to the United States as
visitors since their purpose was to attend class. However,
the students also were not eligible for either F-1
(academic) or M-1 (non-academic or vocational) visas
because these classifications require students to attend
class on a full-time basis.
3. The Border Commuter Student Act of 2002 creates two new
nonimmigrant student visa categories, F-3 and M-3, for
Canadian and Mexican citizens who study part-time in the
United States but who live in their home country and
commute to academic or vocational classes in the United
States.
4. New nonimmigrant classification codes are being added
and regulations at 22 CFR 41.12 and 41.61 are in the
process of being updated. Additional notes will be
incorporated into 9 FAM shortly.
POWELL
