IMMIGRATION ISSUES FOR
FINANCIAL AID OFFICERS
Presented to NYSFAAA 42
BERARDI IMMIGRATION LAW
Rosanna Berardi, Esq.
OCTOBER 19, 2010
Rosanna Berardi, Esq.
Experience:
•INS Inspector at Peace Bridge, Lewiston Bridge and
Rainbow Bridge
•INS Trial Attorney in New York City
•Immigration Attorney at SUNY Buffalo
•Senior Associate at large corporate firm
•Current Founder and Managing Partner of Berardi
Immigration Law
•2010 “40 Under 40” & “Who’s Who in Law”
Today’s Agenda
Documented
Students
•F-1 Status
•J-1 Status
•Title IV, HEA Tuition
Assistance for
battered immigrants
Undocumented
Students
•DREAM Act Quick
Facts
•In-state tuition
policies for NY State
Q
&
A
DOCUMENTED
STUDENTS
F-1 Status
• Must have sufficient funds to be
self-supporting
• School must be approved by
USCIS
• Must be proficient in English (or
taking courses to lead to proficiency)
• Must take 12 credit hours per
semester
• Must have I-20 signed annually
• Must complete studies by
“date of completion” OR
obtain an extension
• Must maintain residence abroad
Can Students Work F-1?
RULE:
No employment during 1st academic year except
for “on-campus” employment which can begin
immediately.
On-Campus Employment
•Can work on school premises or at off-campus
location if “educationally affiliated” with school
•20 hours per week during school session
•40 hours per week during
semester/summer session
•Does NOT require CIS
authorization
Off-Campus Employment
Optional Practical Training Rules
•OPT is permission to work in a job related to your
areas of study
•Must be in valid F-1 status and complete TWO fulltime academic semesters
•OPT application must be approved by CIS
•OPT can be used for part-time employment or fulltime employment during semester breaks
Off-Campus Employment
OPT Deadlines
• OPT application must be received by CIS before
the “date of course completion” stated in
Part 5 of your Form I-20
• Application should be
made at least 90 days
prior to your
employment start date
Off-Campus Employment
Curricular Practical Training Rules
•CPT is employment related to an internship, co-op or
field placement that is “integral” to your field of study
•CPT does NOT require CIS approval; rather,
approval from the College or University
STEM
• http://www.ice.gov/sevis/stemlist.htm
• Must have received a degree in the STEM
Designated Degree Program List
• 17-month extension
• Must currently be in
post-completion
OPT based on a
STEM degree
STEM
•
•
•
•
•
•
•
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Computer Science Applications
Actuarial Science
Engineering / Engineering Technologies
Science Technologies
Biological and Biomedical Sciences
Mathematics and Statistics
Military Technologies
Physical Sciences
Medical Scientist
J Visa
The J1 visa is a nonimmigrant visa which allows foreign
nationals to enter the U.S. to participate in exchange
programs to promote the sharing of knowledge and skills
in education, arts and sciences.
J Visa Examples
Private sector programs:
•Alien Physician
•Au Pair
•Camp Counselor [Summer camp]
•Intern
•Student, Secondary School
Government and academic
•Work/Travel
programs:
•Teacher
•Government Visitor
•Trainee
•International Visitor
•Professor and Research Scholar
•Short-Term Scholar
•Specialist
•Student, College/University
2-Year Home Return Rule
Participants in J visa program are required to return to their
home country for two years at the end of the exchange
visitor program if:
• The program was financed in whole or in part directly or indirectly by
the U.S. government or the government of the exchange visitor's
nationality or last residence;
• The exchange visitor entered the U.S. to receive graduate medical
education or training;
• The exchange visitor is a national or permanent resident of a country
which has deemed the field of specialized knowledge or skill
necessary to the development of the country, as shown on the
Exchange Visitor Skills List.
2-Year Home Return Rule
If the exchange visitor is subject to the
two-year home-country physical
presence) requirement, he cannot change
his status to that of H, L, K, or immigrant
lawful permanent resident (LPR) until he
has returned to his home country for at
least two-years or received a waiver of
that requirement.
Title IV
Immigrant domestic violence survivors and their
children with:
(1) an approved I-130 relative petition filed by a spouse
or a parent,
(2) an I-360 self-petition under the Violence Against
Women Act (VAWA) that is either approved or sets
forth a prima facie case, or
(3) an approved application for suspension of
deportation or withholding of removal under VAWA
should now be able to obtain federal financial
aid, assuming that they meet the other eligibility
criteria.
UNDOCUMENTED
STUDENTS
Urban Institute estimates 65,000 undocumented
students (children born abroad who are not U.S.
citizens or green card holders) graduate from U.S.
high schools each year
These children are guaranteed an education in U.S.
public schools through grade 12.
No federal or state law currently prohibits
admission of undocumented immigrants to U.S.
colleges and universities but institution policies vary.
DREAM Act
NOT the Law of the Land
Development, Relief and Education
of Alien Minors Act
Seeks to help those individuals who meet certain requirements, have an
opportunity to enlist in the military or go to college and have a path to
citizenship which they do not currently have.
NY State Tuition Policies
•There is a conflict between Federal and State law regarding the eligibility of
undocumented students for in-state tuition rates.
•Federal law passed in 1996 prohibits illegal aliens from receiving in-state
tuition rates at public institutions of higher education. Specifically, Title 8,
Chapter 14, Sec. 1623(a) states: "an alien who is not lawfully present in the
United States shall not be eligible on the basis of residence within a State (or
a political subdivision) for any postsecondary education benefit unless a
citizen or national of the United States is eligible for such a benefit (in no less
an amount, duration, and scope) without regard to whether the citizen or
national is such a resident."
•Several states -- Texas, California, New York, Utah, Illinois, Washington,
Nebraska, New Mexico, Oklahoma and Kansas -- have passed state laws
providing in-state tuition benefits to illegal aliens who have attended high
school in the state for three or more years
NY State Tuition Policies
Undocumented students qualify for in-state tuition if:
- Attended for at least 2 years an approved NYS high school/GED program
- Graduated form the High School/received a GED issued in NYS
- Applied to SUNY, CUNY, state-operated or community college within five years
of receiving high school diploma or GED
-Filed an affidavit that s/he has filed or will file application for permanent
residence
-Showed proof of domicile (rent checks, high school records, etc)
Undocumented students CANNOT apply for state or
financial aid but CAN apply for private scholarships
Federal Tuition Assistance
Federal Student Aid
If the student is a US Citizen but one or more parents are undocumented, the
student is eligible for federal student aid.
However, if the parents supply a fake or stolen social security number (SSN)
on the form, the student's FAFSA will be rejected when the parent's social
security number fails to match. The FAFSA may also be rejected when the
parents submit a SSN or Taxpayer Identification Number (TIN) that is valid for
work purposes only. If the parents do not have a social security number or the
social security number fails the match, they should use 000-00-0000 as their
social security number on the FAFSA form.
Contact us
Berardi Immigration Law
2314 Wehrle Drive
Buffalo, NY 14221
Ph: 716.634.1010
Fax: 716.634.1074
www.berardiimmigrationlaw.com
rberardi@usimmlawyer.com