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FREQUENTLY ASKED QUESTIONS Frequently
Asked Questions Answer: The first step towards studying in the U.S. is to apply to a college or university (or language training institute) for academic admission. Once admitted, you can request an I-20 Certificate of Eligibility. Click on NEW STUDENT INFO on the MAIN MENU for more information. Question: I entered the country in tourist status - can I change my non-immigrant status to student status? Answer: Perhaps. Immigration regulations permit some non-immigrants to apply to USCIS to change their non-immigrant status from within the U.S. From the MAIN MENU click on "Non-Immigrant Petitions/Procedures" and scroll down to the section on "Changing Non-Immigrant Status" for more information on this subject. Question: I have been in F-1 status for a few years now - will I be eligible to get a "green card" eventually? Answer: Regardless of how long you have held F-1 status, there is no automatic process through which you can convert your status from F-1 or J-1 student to Permanent Resident Alien ("green card" holder). Eligibility for resident alien status is based primarily on immediate family sponsorship or sponsorship by an employer. "Immediate family" means brother, sister, mother, father or spouse. Employer sponsorship, or self-sponsorship for holders of an advanced degree, is a complicated process usually requiring the expertise of an immigration law attorney. Question: Who or what is an International Student? Answer: An international student is a person studying in the U.S. in a non-immigrant status such as F-1 or J-1. If you were born in a foreign country and have an immigrant status such as permanent resident ("green card"), refugee granted, political asylum granted or you are a U.S. citizen, you are NOT considered an international student even if all of your prior education was completed overseas. Question: If I am "undocumented," can I still attend The City College or other CUNY colleges? Answer: Yes. Your eligibility to attend any CUNY college is based on your academic credentials and not on your immigration status. Question: Can international students pay in-state (lower) tuition? Answer: Students in F-1 or J-1 status are NOT eligible to pay resident or in-state tuition rates, regardless of the length of time that they have been living in New York State. Students whose lawful immigration status has expired, qualify for resident (lower) tuition rates if the following conditions are satisfied: a) student was enrolled in a CUNY college for the Fall 2001 semester, and qualified for in-state tuition according to the eligibility rules at that time: or b) student attended a New York State high school for two or more years, graduated, and applied to attend a CUNY institution within five years of receiving a New York State high school diploma; or c) attended an approved New York State program for the Graduate Equivalency Diploma (GED) exam preparation, received a GED from New York State and applied for admission to a CUNY institution within 5 years of receiving the New York State GED. Qualified applicants must also file an affidavit stating that they have applied to legalize their status, OR that they will apply to do so as soon as they are eligible. Your college can provide you with a sample affidavit. (the above information is excerpted from The CUNY Guide for International Students (Fall 2004) by Allan Wernick, Esq., Director of the CUNY Citizenship & Naturalization Program and is used with permission which we gratefully acknowledge). This guide is a valuable source of current information about your student status. You can view the entire guide by clicking on the link in the Main Menu. Question: What are my legal rights as an international student in the U.S.? Answer: International students, like American students, have certain civil rights in the U.S. If you have specific questions about these rights, please contact the Office of International Student & Scholar Services and we will try to answer your questions or refer you to an attorney. Another valuable resource on the City College campus is the Immigrants’ Center located in the NAC building, room 1/206, (212) 650 6620, immicenter@yahoo.com immicenter@yahoo.com Question: Do international students have to file U.S. income taxes? Answer: Yes. By April 15th of each year, any person who earned income in the U.S. who is not a citizen or permanent resident of the United States is required to complete an Internal Revenue Service Form 1040NR or 1040NREZ (U.S. Nonresident Alien Income Tax Return). By law, all F-1 and J-1 students and scholars are required to file a tax return even if you had no U.S. earnings. Click on US INCOME TAX for more information. Question: Can F-1 students work in the U.S.? Answer: Yes. F-1 students are eligible to engage in certain kinds of employment on and off campus. Among the employment options for F-1 students are on-campus employment, Curricular and Optional Practical Training, Economic Hardship (off-campus), and employment with an International Organization. Click on EMPLOYMENT for more information on these employment programs.
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