How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Expert James Your Own Question
Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11820
Experience:  Write FOR JAMES to get my help!
23431962
Type Your Immigration Law Question Here...
Expert James is online now
A new question is answered every 9 seconds

Wife and I have Pennsylvania power of attorney and are in

Customer Question

Wife and I have Pennsylvania power of attorney and are in 5th year hosting "same"
(this is key) "F1 VISA" international student who is currently enrolled at a SEVIS approved nearby public HS.
We were never informed by this school DSO "prior to" transferring her from her previous SEVIS approved private school that student would only be allowed to attend for ONE school year!(?!?!)
She is a junior and when we collectively (obviously with approval from her biological mom and single parent) decided to give this award winning public HS a chance --we "believed" it would be for the student/child's remaining 2 years of HS where she would graduate from.
Her mom "pays full state tuition" for her daughter to attend ($5K more than private school) so this is NOT a "J1 student" attending for FREE on local taxpayers money. It costs this public school district ZERO funds for her to attend and in her 6th month she is on High Honor and has never been a behavior issue.
Question(s) to you then are...
1) Is the DSO accurate in telling us per SEVIS rules this "F1 Visa" student paying full tuition AND transportation is 100% ineligible to return for her senior year at same HS?
2) If yes to above.... on what grounds has such a determination been made by SEVIS? Why is it ok for an F1 Visa student to attend multiple years at a SEVIS approved private school but NOT at a SEVIS approved public school whe she willingly is paying more ???
3) If yes (part 2) -- please advise as to what exceptions there are or could be that we can look further in to to allow her to return and finish her HS years at her current SEVIS public HS?
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 5 months ago.

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Expert:  Judith Ludwic replied 5 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

1) Is the DSO accurate in telling us per SEVIS rules this "F1 Visa" student paying full tuition AND transportation is 100% ineligible to return for her senior year at same HS?
Yes, the DSO is correct. Under 8 CFR 214.2(f) a student is limited to one year attendance at a public school and required to reimburse the school system the full cost as they determine for that one year.
2) If yes to above.... on what grounds has such a determination been made by SEVIS? Why is it ok for an F1 Visa student to attend multiple years at a SEVIS approved private school but NOT at a SEVIS approved public school whe she willingly is paying more ???
I cannot tell you what the legislative history is for those who wrote the regulations regarding international students. I can only tell you what is the law.

3) If yes (part 2) -- please advise as to what exceptions there are or could be that we can look further in to to allow her to return and finish her HS years at her current SEVIS public HS?

The is no exception in the law. I will give you the link to the regulation and you can read it for yourself. Your questions sound very angry and aggressive and I am concerned you are going to take your displeasure with the regulations out on me when as an attorney I can only tell you what the law is and that there is no exception as you are looking for.

I have pulled up the regulation and am going to copy and paste for you in this thread the pertinent section and give you the link to the entire regulation.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Customer: replied 5 months ago.
Hello Judith,Are you for real? Where did you detect aggression or anger anywhere directed at you??
Please point it out? I gave you detailed descriptive info making sure to expedite the time needed for a reply. I find it offensive you took a stance such as the accusatory one you did.
Customer: replied 5 months ago.
Am i miffed at the DSO for NOT informing us of the one year SEVIS status prior to enrolling this student--YOU BET I AM! We have every right to be...he had a duty to inform of this and we are just now getting the info from him?
Expert:  Judith Ludwic replied 5 months ago.

(5) Duration of status --

214.2(f)(5)(i)

(i) General. Except for border commuter students covered by the provisions of paragraph (f)(18) of this section, an F-1 student is admitted for duration of status. Duration of status is defined as the time during which an F-1 student is pursuing a full course of study at an educational institution approved by the Service for attendance by foreign students, or engaging in authorized practical training following completion of studies, except that an F-1 student who is admitted to attend a public high school is restricted to an aggregate of 12 months of study at any public high school(s). An F-1 student may be admitted for a period up to 30 days before the indicated report date or program start date listed on Form I-20. The student is considered to be maintaining status if he or she is making normal progress toward completing a course of study.

http://www.nafsa.org/_/file/_/amresource/8cfr2142f.htm

Under the laws of the US she will have to transfer to a private school to complete her last year.

I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 5 months ago.
We do not yank this student out of her 4 years at a private school if we KNEW in advance she would be unable to finish he HS years at this SEVIS public school.
Expert:  Judith Ludwic replied 5 months ago.

Yes, I am for real. And it is unfortunate you were not informed of the regulations. You can take legal action against the school system for their lack of information if you wish but the law is the law and there is no exception for a secondary school student.

Judith

Customer: replied 5 months ago.
You gave me no reason why SEVIS has made this a rule?
Your expertise lacks the knowledge to know this?
You were rude in your reply and wrongfully accusatory of my initial questions?
And have done little to nothing except send me a law/rule to which you say there is no exception to whatsoever??
Customer: replied 5 months ago.
for all that i still have to pay you--hmmm?
Customer: replied 5 months ago.
what a shock...I can't even click on one star which you earned here!
is that how you earned the super start status-lol
Customer: replied 5 months ago.
Not that you are policed by anyone at JA...but the fact you played "psychologist" in assuming I was somehow angry at YOU in my "void of anger" (at you) initial questions tells me YOU are the one with the problem. That you can't take the truth only adds to your ineptness. Don't tell me to chill when YOU started "without cause" the negative attack on me. Who wouldn't have an edge and attitude given the sneaky behavior of this DSO? But I did NOT have any of that toward you initiially at all.
How about instead of playing freud on me...show some understanding for the CLIENT who WAS set to pay you for "that level of understanding!"
Need more? keep pushing my buttons!
Customer: replied 5 months ago.
Guillermo who was PAID double and earned his bonus HE was helpful with a serious blunder and I-20 issue.
Sounds like you "kinda admit" to pre-judgingd me based on something on JA file that...1) I thought legally should be confidential but suppose I agreed (forced to by JA rules) it is not
2) just because I took issue with what "you said and when HE said same thing" how you JA lawyers repeatedly say ... THERE IS NOT A LIMIT to asking questions...yet... there clearly REALLY is?Per: Guillermo J. Senmartin, Esq.
Do not worry about "last question". There is not a limit and often I chuckle when I hear that because the person usually has more questions after the response. So no worries, it is ok. And I am glad that you understand about the positive rating.
ME: I am doubling the fee you will receive.Guillermo J. Senmartin, Esq.
Thank you for the positive rating and bonus!IT WAS ALSO HIM who suggested "I sue" the previous school so you accusing me of being aggressive with you when initially I was NOT implying as if I was already planning some kind of lawsuit was 100% without merit on your part.
I just needed to know what options we have and yes... given this current DSO is not real sharp I was not going to rely on his less than reasoned --could care less reply. Then I got your exact same one!It is one thing for a dipstick DSO to not have a care or clue WHY SEVIS has such a one year rule but here you sit with 34 years experience as an immigration lawyer and don't even have the courtesy (perhaps it is or a clue?) to offer any explanation other than ITS THE LAW?How about a 34 year "professional opinion" on why such a law is necessary so I can better explain it to this international student and her mom when they WILL ask me--why??? Now something like THAT would have been 1) human 2) professional 3) appreciated!Instead we got this condescending "YOU ARE RUDE" response from YOU:
..." the LAW which you seem to feel should not apply to you or this student as it is equally applied to all students."
YOU ARE RUDE and way out of legal line to have insinuated we are somehow not law abiding people.
Or to suggest we feel a law should not apply to us...GET THIS JUDITZ !!!I CAME TO "JUST ANSWERS" BECAUSE I needed an ANSWER --TO KNOW WHY THE LAW WAS PUT INTO PLACE SO WE CAN APPLY IT TO AN ANSWER FOR THIS INT STUDENT AND HER MOM - WHO DESERVE ONE!
"I" (= we) did not deserve you immediately negatively attacking me/us. And for that YOU earned and deserved a BAD rating but because you are incapable of being accountable and are seemingly able to control your own BAD ratings... we did not even get THAT satisfaction. No wonder you come out smelling like roses in your star ratings when in truth you are a nasty, rotten stink!
Expert:  Judith Ludwic replied 5 months ago.

Thank you.

Expert:  Expert James replied 5 months ago.

Hi there,

I am a new Expert, James. I first want to express my regret that you've had this experience thus far. If you are still interested in this discussion, I can try to assist you. Please let me know.

Customer: replied 5 months ago.
Pretty sure with JUDITZ help, I uncovered the whole "expert" façade -- oh look YOU TOO have a million star rating!!!But I'll bet "dollars to donuts" you have no clue why SEVIS employs such a ridiculous restriction whereby they allow an F1 visa student to attend a U.S. private school for as many years as they PAY for it...but "though same F1 student PAID full tuition" to attend a public school---they are "by some law" (minus ANY reason?) restricted to stay and PAY for another year?You got THAT answer then BRAVO you might actually be an immigration expert--you don't then-- NO THANKS!
Will find it elsewhere because "I owe that explanation" to this F1 student who has been a part of our family and lives for 5 years and to her mother-- where in fairness to you sir and in kind -- you DON'T owe them or me any such explanation -- good night.
Customer: replied 5 months ago.
someone at your end needs to close this out!
Expert:  Expert James replied 5 months ago.

I am sorry about the situation the student is in and about the negative experience you've had on Just Answer. I will ask that this question be closed.

Best of luck on your search for information.

Customer: replied 5 months ago.
Thanks...ummm... any chance you are sending me donuts?- lol
Expert:  Expert James replied 5 months ago.

I appreciate the humor. Unfortunately, I can't help fulfill your request for donuts. But I have put in a request to close this question.

Have a good evening.

Related Immigration Law Questions