Border Commuter Student Act of 2002

Border Commuter Student Act of 2002 - Amends the Immigration and Nationality Act to establish as a category of nonimmigrant alien student a national of Canada or Mexico who commutes to full- or part-time study (including vocational or nonacademic studies) in the United States.

[107th Congress Public Law 274]
[From the U.S. Government Publishing Office]


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[DOCID: f:publ274.107]


[[Page 116 STAT. 1923]]

Public Law 107-274
107th Congress

                                 An Act


 
       To establish new nonimmigrant classes for border commuter 
            students. <<NOTE: Nov. 2, 2002 -  [H.R. 4967]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Border Commuter Student Act 
of 2002.>> assembled,

SECTION 1. <<NOTE: 8 USC 1101 note.>> SHORT TITLE.

    This Act may be cited as the ``Border Commuter Student Act of 
2002''.

SEC. 2. ESTABLISHMENT OF BORDER COMMUTER NONIMMIGRANT CLASS.

    (a) Class for Academic or Language Studies.--Section 101(a)(15)(F) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) is 
amended by striking ``and (ii)'' and all that follows through the end of 
subparagraph (F) and inserting the following: ``(ii) the alien spouse 
and minor children of any alien described in clause (i) if accompanying 
or following to join such an alien, and (iii) an alien who is a national 
of Canada or Mexico, who maintains actual residence and place of abode 
in the country of nationality, who is described in clause (i) except 
that the alien's qualifications for and actual course of study may be 
full or part-time, and who commutes to the United States institution or 
place of study from Canada or Mexico;''.
    (b) Class for Vocational or Nonacademic Studies.--Section 
101(a)(15)(M) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(M)) is amended by striking ``and (ii)'' and all that follows 
through the end of subparagraph (M) and inserting the following: ``(ii) 
the alien spouse and minor children of any alien described in clause (i) 
if accompanying or following to join such an alien, and (iii) an alien 
who is a national of Canada or Mexico, who maintains actual residence 
and place of abode in the country of nationality, who is described in 
clause (i) except that the alien's course of study may be full or part-
time, and who commutes to the United States institution or place of 
study from Canada or Mexico;''.
    (c) Limitation.--Section 214(m) of the Immigration and Nationality 
Act (8 U.S.C. 1184(m); as redesignated by section 107(e)(2)(A) of Public 
Law 106-386) is amended by striking ``section 


[[Page 116 STAT. 1924]]

101(a)(15)(F)(i)'' both places it appears and inserting ``clause (i) or 
(iii) of section 101(a)(15)(F)''.

    Approved November 2, 2002.

LEGISLATIVE HISTORY--H.R. 4967:
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HOUSE REPORTS: No. 107-753 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 148 (2002):
            Oct. 15, considered and passed House.
            Oct. 16, considered and passed Senate.

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